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HomeMy WebLinkAbout2013-08-08-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator The Chairman opened the Board of Appeals meeting at 7:00 pm and asked for a motion from the Board to go into executive session to discuss strategy related to pending litigation with respect to the matter of 68 Winter Street. On a motion duly made and seconded, the Board voted by a roll call vote 5-0 to go into executive session with Town Counsel, Melissa Allison. On a motion duly made and seconded, the board voted by a roll call vote to end the executive session and reconvene into open session. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 68 Winter Street, Map 88, Lot 80 The petitioner submitted the following information with the application: nature and justification of request; a plot plan; elevations, photographs, drawings, proposed antenna photographs, proposed Settlement Agreement and Order of Dismissal, needs analysis at high frequencies, needs analysis VHF/UHF, technical addendum explaining the applicant’s communication goal, 3 letters of support from abutters and supplemental information received by e-mail of August 78, 2013. 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 and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. Prior to the meeting the Board received a petition signed by 5 abutters in opposition to this petition. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner. SPECIAL PERMIT The applicant is requesting a in accordance with U.S. District Court, District of Massachusetts, Civil Action No. 1:12-cv-12261-GAO and the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.3.4 and section 135- 9.4.2 to allow a 50 ft. antenna and supporting structure instead of the maximum allowed 40 ft. antenna and supporting structure. The Town of Lexington’s Legal Counsel Attorney Melissa C. Allison briefly outlined to the audience and the Board the Civil action case which was filed in December 2012. Attorney Allison described the stipulation dismissal document and the proposed settlement agreement. She explained it is the Boards responsibility to evaluate the terms of the settlement. Fred Hoppengarten presented the petition for the owner of the property, Mauri Niininen by reviewing the settlement agreement which Attorney Allison had spoken of and explaning the existing system and the reasons for the need for additional towers. He also explained the language of the case law. Attorney Arthur Goldberg representing a neighborhood group spoke on behalf of the neighbors opposing the granting of this special permit. BOA Meeting August 8, 2013 3 Attorney Goldberg presented a memorandum dated August 8, 2013 from Attorney Jason A. Webber and copies of 2 blogs from Mr. Niininen and also went over the points of the settlement and conditions that the opposing neighbors would like to see if the special permit is granted. One of the Board members wanted clarification on number 3 where it mentions the need for the Board of Selectmen’s approval. Attorney Allison answered that if the Zoning Board of Appeals adopted this document it would then also be subject to approval by the Selectmen. A Board member asked about the esthetics of the antenna on the house. There were no questions from the audience. Dr. Kerry Cohoy of 5 Magnolia Lane, an Assistant Professor at MIT and a ham radio operator spoke of the analysis and her reasons for opposing this antenna. Brent Feldman of 6 Magnolia Lane appreciated that the Board had denied the petition before and is concerned that it is before them again. John Cahoy of 5 Magnolia Lane spoke in opposition. Mary Duvale of 26 Sullivan Street spoke in opposition. Glen Bumbaca of 10 Boxwood Lane was concerned with any burden of proof for any health and environmental impact of the neighborhood. Brenden Maher of 66 Winter Street spoke in favor of the petition. The Chairman asked for the Boards comments as to how they would like to proceed with this hearing. The Board agreed that given the new information received this evening they would like to see the hearing continued to give them time to read over the new material and speak to Town Counsel. The Chairman also would like to see the neighborhood group speak with Mr. Niininen to discuss and work out some of the conditions. Mr. Hoppengarten spoke on some of the concerns brought up by the neighbors. One of the Board members told the Chairman that he is not opposed to continuing the hearing but has heard nothing in this hearing that would change his mind to vote any differently than he did the last time. On a motion by Jeanne Krieger and seconded by Martha Wood, the Board voted 5-0 to continue the hearing until September 12, 2013 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 12 Reed Street, Map 64, Lot 59 The petitioner submitted the following information with the application: nature and justification of request; a plot plan and elevations. Prior to the hearing, the petition and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Acting Building Commissioner, the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:31 pm by reading the legal notice and described information received from the petitioner. This hearing had been postponed from July 25, 2013. SPECIAL PERMIT The applicant is requesting a from section 135-8.3 and 135-9.4.2 to allow expansion of a non conforming dwelling other than a one or two family structure. Attorney John Farrington presented the petition for David and Andrew Burns who are currently under contract to purchase the home from Sebastino and Helen Blandino. At the hearing Attorney Farrington gave a brief history of the 75 year old 3-family dwelling and explained the proposed addition project, He presented a map to the Board to show the percentages of coverage for the neighborhood. Attorney George Foote, representing DeeDee Pike and Charles Rollenger of 6 Candlewick Close, spoke in opposition to the petition. Barbara Wissoker of 7 Carley Road spoke in opposition. Grandfather, son and his family all lived there all together, not used as a 3-family. Also Ms. Wissoker is concerned with the 6-car garage that will be directly next to her with headlights going into her windows and having to look at garages instead of the trees that are there now. Deborah Marty of 4 Candlewick Close also spoke of concern with the addition being bigger than most of the homes in the area. BOA Meeting August 8, 2013 5 Suzie Winchester, the Realtor representing the Blandinos spoke on their behalf. She told the Board the house had been used by one family as 3 units with 3 kitchens and living spaces for the grandparents, parents and grandchildren. Peter Hopley of 11 Carley knows that the environmental impact will be addressed by other Boards in the Town but what is under the Board’s purview is the definition of a 3- family dwelling. Michael Tzannes of 17 Carley Road spoke in opposition and thinks the proposed addition will make a tremendous impact to the wetlands in the Carley Road area and needs to be addressed. John Friedman of 6 Reed Street is happy if a solution can be reached to see the original home is being kept. He also had a concern with the number of people that would be living in the house and asked how large was it going to be. Attorney Farrington addressed some of the concerns of the neighborhood. A Board member asked Attorney Farrington if under the description of the By-Laws nd someone came in and asked to put a 2 house on a lot with a 2 family would this be legal. Attorney Farrington said that he would refer that question to the Zoning Administrator. David George, the Zoning Administrator, clarified to extend a 2-family they would also need a special permit. He also mentioned that under a 2013 By-Law change it is less restrictive to extend a multi-family dwelling. It takes away the language of “under one roof”. A discussion followed regarding a condition for a landscaping plan for the driveway area and whether the hearing should be continued. Three of the five Board members indicated that they would not be voting for this petition. After hearing this Attorney Farrington requested the petition be withdrawn without prejudice. On a motion by Jeanne Krieger and seconded by Leo McSweeney, the Board voted 5- 0 to allow the petition to be withdrawn without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 2027 Massachusetts Avenue, Map 49, Lot 2 The petitioner submitted the following information with the application: nature and justification of request; a plot plan, sign plans and the HDC Certificate of Appropriateness. 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 and the Historic Districts Commission Clerk. Comments were received from the Health Director, the Historic Districts Commission and the Zoning Administrator. The Chairman opened the hearing at 9:20 pm by reading the legal notice and described information received from the petitioner. This hearing had been postponed from July 25, 2013. The applicant is requesting a SPECIAL PERMIT from section 135-5.2.10 to allow for more or larger signs than are allowed by right. Trisha Perez Kennealy, owner of the property presented the petition explaining the need for the additional signage for the restaurant, Artistry on the Green, at the Inn at Hastings Park. The applicant is requesting to add three signs: 1) One externally illuminated 2 ft. by. 2 ft. double-sided sign located adjacent to the Massachusetts Avenue driveway that leads to the main parking area. 2) One externally illumunated 2 ft by 2 ft. double-sided sign located adjacent to the Worthen Road driveway that leads to the secondary parking area. 3) One externally illuminated 9 in. by 18 in. signed located on the restaurant building by the main extrance. A Board member asked if the sign lights would be on timers. The Zoning Administrator, David George, suggested Ms. Kennealy come into the office to discuss the By-Laws for sign lighting. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 9:24 pm. BOA Meeting August 8, 2013 7 On a motion by Leo McSweeney and seconded by Jeanne Krieger, the Board voted 5- SPECIAL PERMIT 0 to grant a from section 135-5.2.10 to allow for more or larger signs than are allowed by right. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler. Staff Present: David George, Zoning Administrator Address: Shirley Street, Map 57, Lot 15R The petitioner submitted the following information with the application: nature and justification of request, elevations, floor plans, grading plan, planting plan, roof plan solar shading plan and a letter requesting a waiver to the certified plot plan requirement. Prior to the hearing, the petition and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Acting Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 9:25 pm by reading the legal notice and described information received from the petitioner. This hearing had been postponed from July 25, 2013. The applicant is requesting a SPECIAL PERMIT from section 135-8.3 and 135-9.4.2 to allow expansion of a non conforming dwelling other than a one or two family structure. Steve Keane of the Lexington Housing Authority presented the petition. At the hearing Mr. Keane with the Architect for the project explained the proposed four handicapped units to be added to the existing 100 unit Greeley Village. A Board member asked for clarification as to where the 4 additional units would be going and hoped the beautiful trees would not be taken down. The applicant said 10 trees would be removed and the cluster of 3 trees would remain with additional plantings being done as per the landscape plan sumitted with the application. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 9:54 pm. On a motion by Jeanne K. Krieger and seconded by Nancy M. Adler, the Board voted 5-0, to grant the SPECIAL PERMIT from section 135-8.3 and 135-9.4.2 to allow expansion of a non conforming dwelling other than a one or two family structure. BOA Meeting August 8, 2013 9 On a motion by Jeanne K. Krieger and seconded by Nancy A. Adler, the Board voted 5-0, to waive the certified plot plan requirement. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, Martha C. Wood and Frederic S. Johnson Staff Present: David George, Zoning Administrator Address: 401 Lowell Street, Map 46, Lot 37 The petitioner submitted the following information with the application: nature and justification of request; a plot plan, photographs and a lease agreement. Prior to the hearing, the petition and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 9:35 pm by reading the legal notice and described information received from the petitioner. SPECIAL PERMIT RENEWAL The applicant is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 and section 135-3.0, Table 1 Permitted Uses and Development Standards, Line L.1.01 to renew Special Permit to allow motor vehicle sales. Scott Mabuchi dba Scott the Car Guy, LLC presented the petition to renew the special permit received a year ago to allow motor vehicle sales. At the hearing the Chairman mentioned that the special permit was last issued for 1 year and thought that it should now be for a period of 2 or 3 years with the applicant knowing that if the business ceases to exist then the special permit is no longer valid. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 9:38 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the renewal for the special permit for a period of three years. This special permit shall expire August 8, 2016. It is the responsibility of the applicant to renew the special permit 8 weeks before the expiration date. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 700 Waltham Street, Map 16, Lot 48 The petitioner submitted the following information with the application: nature and justification of request and a copy of a ZBA decision dated August 28, 2008. Prior to the hearing, the petition and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 9:34 pm by reading the legal notice and described information received from the petitioner. SPECIAL PERMIT RENEWAL The applicant is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 to renew the Special Permit to allow Mr. Carroll to pick up and keep cars on the premises. Attorney William J. Dailey, Jr. presented the petition for the owner of the property, John Carroll. At the hearing Attorney Dailey requested changes to three of the conditions for this special permit: 1. Condition 16 – Request the requirement that an annual letter be sent to the Zoning Administrator requesting an on-site inspection be deleted. 2. Condition 4 – Request the number of scrap vehicles allowed at the site of this operation be changed from 30 cars to 45 cars. 3. Condition 7 – Requesting the wording be changed from ”No scrap material other than cars shall be brought to the property except for discarded water heaters as a service to the town”. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 9:45 pm. BOA Meeting August 8, 2013 12 On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board 1 voted 5-0 to waive from the Board’s Rules and Regulations the plot plan requirements. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to GRANT A SPECIAL PERMIT from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with the Amended and Recodified 2013 Zoning Bylaw (new Bylaw) §135-9.4 or if the new Bylaw is not approved, the 2012 Bylaw, § 135-11 C, to allow the acquisition and storage of vehicles, subject to the following conditions: 1. The area of the salvage/recycling operation shall continue to occupy no more than one-acre more or less as delineated on a plan filed with previous decisions and must be located at least 60 feet from the property line of Lots 79 and 80 on Assessors’ Map 16. The four corners of the acre shall be clearly identified. 2. This area of operation shall be shielded by a maintained earth berm with evergreens planted on top of the berm to provide an additional shield. The operation shall be confined within the shielded area. 3. The soil barrier and planting serving as a buffer for the property at 26 Blossomcrest Road (shown as Lot 32 on Map 16) shall be maintained. 4. No more than 45 total vehicles shall be allowed, at any one time, in the designated area associated with the operation of the use. 5. Every effort shall be made to keep equipment used for this operation in good repair, since Condition #4 above will be strictly enforced. 6. No retail business shall be conducted on the property. 7. No scrap material other than cars shall be brought to the property, except for discarded water heaters as a service to the town. 8. There shall be no traffic to the business operation from Allen Street. The Waltham Street driveway and address shall be used exclusively for all business purposes. All business advertising, telephone addresses and driveway signs connected with this operation shall be identified as 700 Waltham Street. 9. Cars shall be transported to or picked up from this area between 8:00 AM and 6:00 PM Monday through Friday. No crushing and no transporting of vehicles in or out of the property shall take place on Saturday or Sunday. 1 This waiver is for ZBA purposes only. A new certified plot plan may be required by other Town of Lexington Departments or other Town Boards and Commissions BOA Meeting August 8, 2013 13 10. The loader shall not be used before 9:00 AM and after 12 Noon on Saturday except for plowing. 11. Premises shall be kept clean and orderly at all times. 12. No scrap material shall be allowed to accumulate on the premises other than in the specified area. 13. The fence shall be maintained for safety purposes. 14. Burning and/or burial of any trash, rubbish, debris, and scrap metal, vehicle parts or other materials generated by this operation, or from any other source, are prohibited. 15. No trucks or other vehicles may be parked on the premises for a fee. 16. This special permit is granted for a term of five years and will expire on August 31, 2013. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 8, 2013 14 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 8, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McWeeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Other Business: 1) 311 Marrett Road – The Board received a letter requesting an extension of a preciously granted special permit allowing an automatic teller machine until July 2015. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to extend the special permit until July 14, 2015. 2) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the Board voted 5-0 to accept the minutes of June 27, 2013. 3) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the Board voted 4-1 (Martha Wood was absent and abstained) to accept the minutes of July 11, 2013. 4) The Chairman informed the Board and the audience that due to a lack of submittals the ZBA meeting scheduled for August 22, 2013 has been cancelled. The meeting was duly closed. Submitted by: Dianne Cornaro, Administrative Clerk