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HomeMy WebLinkAbout2013-06-13-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 13 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A. Michelson Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 110 Simonds Road, Map 77, Lot 121A The petitioner submitted the following information with the application nature and justification of request, topographic plan, plot plan, floor plans, a petition signed by 12 abutters and a ZBA decision dated September 13, 1955 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator This hearing had been continued from May 23, 2013 The applicant is requesting variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 4 5 ft instead of the required 15 ft to construct a 2-story 24 ft by 24 ft garage and living area addition to the existing house Since the last hearing, Laura and Hans Claesson has spoken with their abutters and their contractor regarding the stormwater run-off They investigated solutions and found that they do not have the room needed for a drywell but felt a gutterless sysem with trenches on 2 sides of the addition would solve the run off concern They had consulted an Engineer but do not have a formal report from him There were multiple questions from the Board regarding the run off, the trench and where the addition was located They asked for guiadance from the Zoning Administrator as to what was a feasible plan for the run off and what could be conditioned There were no questions from the audience No one spoke in favor or in opposition to this petition The hearing was closed at 7 48 pm B()A Meeting June 1; 2()1; 2 On a motion by Leo P McSweeney and seconded by Richard A. Michelson, the Board voted 5-0 to approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 4 5 ft instead of the required 15 ft to construct a 2- story 24 ft by 24 ft garage and living area addition to the existing house with the condition that prior to receiving a building permit they shall submit a plan showing the trenches and gutterless system If plan not acceptiple by the Building Commissioner the applicant shall be required to come back to the Board Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, B()A Meeting June 1; 2()1; 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 13 2013 Board Members Present: Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A Michelson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 82 Pleasant Street, Map 8, Lot 2 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan elevations, floor plans and a letter of support from the residents of 94 Pleasant Street. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 7 50 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 1 1 , Table 2, Schedule of Dimensional Controls to allow a side yard setback of 14 07 ft. instead of the required 15 ft. Albert Huang, owner of the property, presented the petition by describing the proposed 2 5 story addition onto the garage A Board member asked what did the Coservation Administrator say about the addition They are meeting for a site visit on Saturday, June 15, 2013 There were no questions from the audience Laura Carpenter of 94 Pleasant Street spoke in favor of the petition No one spoke in opposition to the petition The hearing was closed at 7 55 pm On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 1 1 , Table 2, Schedule of Dimensional Controls to allow a side yard setback of 14 07 ft. instead of the required 15 ft. Submitted by. Dianne Cornaro, Administrative Clerk B()A Meeting June 1; 2()1; 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 13 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A. Michelson Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 0 Downing Road The petitioner, Attorney Edmund Grant, representing Suzanne B Caton, requested the hearing be postponed until July 11, 2013 so that this application can be heard with an additional variance application On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to postpone the hearing on 0 Downing Road to July 11, 2013 Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, B()A Meeting June 1; 2()1; 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 13 2013 Board Members Present: Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A Michelson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 324 Marrett Road, Map 32, Lot 16 The petitioner submitted the following information with the application nature and justification of request; site plan, sign plans, decisions from April 11, 2013 and March 28, 1985 and an updated canopy sign plan Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director; Economic Development; Historic Districts Commission Clerk and the Design Advisory Committee Comments were received from the Conservation Administrator, Health Director, Selectmen's Office, the Zoning Administrator and the Design Advisory Committee The Chairman opened the hearing at 8 15 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a SPECIAL PERMIT AND AMENDMENTS TO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9 4, 135-5 2 10, 135-5.2 4, 135-5 2 8 3 to allow for more or larger signs than allowed by right, internally illuminated signs and modifications to the existing standing sign Attorney John T Smolak presented the petition for the applicant, Cumberland Farms Inc With Attorney Smolak at the hearing was Dawn Johnson, the Project Manager from Cumberland Farms, Inc Attorney Smolak gave a history of the past Board of Appeals decisions and the proposed changes to be made to the signs The Project Manager, Dawn Johnson, provided information on the materials to be used for the canapy and wall signs Attorney Smolak provided new building related drawings, revision dated June 13, 2013 Board members asked if the standing sign was staying in the same location? (It is staying in the same location but is 3 ft. shorter), what will the hours be for the sign (same as by laws), and also asked about landscaping for the property The Zoning Administrator asked Attorney Smolak to verify the plans to be used in the decision DJ Modoona of 336 Marrett Road asked for clarification of how many signs would be on the building (1) Lee Minardi of 37 Downing Road asked what was the setback for the larger canapy from the road and objected to the illumination of the sign on the canapy B()A Meeting June 1; 2()1; 6 No one spoke in favor to the petition The hearing was closed at 8.26 pm On a motion by Jeanne K. Krieger and seconded by Richard A. Michelson, the Board voted 5- 0 to grant a SPECIAL PERMIT AND AMENDMENTS TO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9 4, 135-5.2 10, 135-5.2 4, 135-5 2 8 3 to allow for more or larger signs than allowed by right, internally illuminated signs and modifications to the existing standing sign with the following conditions 1 The hours of operation for the illuminated signs shall be in accordance with the Lexington By-Laws, chapter 135-75 (A) 2 Condition 7 of the decision dated April 11, 2013 shall be deleted Submitted by: (Dianne(ornaro, -lthnnustratn'e Clerk, B()A Meeting June 1; 2()1; 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 13 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A. Michelson Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS 1 On a motion Jeanne K. Krieger and seconded by Richard A. Michelson, the board voted 5-0 to accept the minutes of May 23, 2013 2 On a motion by Leo P McSweeney and seconded by Martha C Wood, the meeting was adjourned Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk,