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HomeMy WebLinkAbout2013-09-12 ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator, Town of Lexington’s Legal Counsel Attorney Mina Makarious 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 of Lexington’s Legal Counsel Attorney Mina Makarious. 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 September 12, 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator, Town of Lexington’s Legal Counsel Attorney Mina Makarious Address: 68 Winter Street, Map 88, Lot 80 This hearing had been continued from August 8, 2013. The Chairman continued the hearing by asking the applicant and the Attorneys if the parties had met and a settlement had been agreed on. 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 Mina Makarious was present for the hearing. Fred Hoppengarten spoke on behalf of the owner of the property, Mauri Niininen stated the position they take is that negotitions were done with the Town of Lexington and they had come to an agreement on the settlement with the Town. Attorney Arthur Goldberg on behalf of the neighbors opposing the granting of this special permit requested the Board not to go forward with the settlement. The parties have made an effort but have been unsuccessful in coming together on the settlement. John Cahoy of 5 Magnolia Lane, Jay Kansara of 8 Magnolia Lane and Brent Feldman of 6 Magnolia Lane spoke in opposition to the settlement. The Chairman asked for the Boards comments as to how they would like to proceed with this hearing. She was hoping to hear a reason to continue but not hearing any reason from the parties involved she would like a motion from the Board. A Board member said he was disappointed that he did not see any movement towards a settlement between the 2 parties and felt a motion to reject the settlement needed to be made. A Board member asked how the motion needed to be worded and Attorney Makarious advised the Board that it could be motioned anyway as long it was understood what the motion meant. BOA Meeting September 12, 2013 3 The Chairman closed the hearing. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 4-1, with David G. Williams opposing to reject the settlement as written to allow SPECIAL PERMIT 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. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 12, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 1984 Massachusetts Avenue, Map 49, Lot 176 The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, a plot plan, floor plans, elevations and a bulkhead drawing. 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 and the Historic Districts Commission Clerk. Comments were received from the Historic Districts Commission’s Assistant and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner. The applicant is requesting a variance from Sections 135-9.2.2 and 135-4.1.1, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 26.2 ft. instead of the required 30 ft. front yard setback. Caroline Kluchman, owner of the property, presented the petition by explaining the proposed 6.8 ft. by 3.7 ft. bulkhead on the non-conforming structure within the front yard setbacks. A Board member asked if there would be some screening (vegetation) from the Street for this bulkhead. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman duly closed the hearing. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a variance from Sections 135-9.2.2 and 135-4.1.1, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 26.2 ft. instead of the required 30 ft. front yard setback with the condition that the bulkhead be screened with something evergreen. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 12, 2013 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 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: David George, Zoning Administrator Address: 16 Franklin Road, Map 56, Lot 118 The petitioner submitted the following information with the application: nature and justification of request; a mortgage plot plan, elevations, floor plans, photographs and six e-mails in support of the project. 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. The Chairman duly opened by reading the legal notice and described information received from the petitioner. Kerry Brandin, owner of the property, presented the petition by explaining the modification of a portion of the existing second and third floors to create a by-right accessory apartment. Sitting with Kerry was her Architect, Pam Bart. The applicant is requesting a variance from sections 135-9.2.2.2 and 135-6.7.6.3 to allow an accessory apartment with 1,300 sq. ft. gross floor area instead of the maximum allowed 1,000 sq. ft. of gross floor area. A Board member asked to clarify the parking accommodations. The Zoning Administrator stated the applicant currently has sufficient parking according to By-Law requirements however applicant needs to understand that any additional parking would need to stand alone without moving any other vehicles. There were no questions from the audience. No one spoke in opposition to the petition. Margaret Gibbons of 24 Somerset Road spoke in favor of the application. The hearing was duly closed. On a motion by Richard Michelson and seconded by Jeanne Krieger, the Board voted 5-0 to grant a variance from sections 135-9.2.2.2 and 135-6.7.6.3 to allow an accessory apartment with 1,300 sq. ft. gross floor area instead of the maximum allowed 1,000 sq. ft. of gross floor area. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 12, 2013 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Richard A. Michelson Staff Present: David George, Zoning Administrator Address: 5 Rumford Road, Map 46, Lot 18 The petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, elevations, floor plans, photographs and e-mail dated August 21, 2013 from Carl Toumayan confirming the rear yard setback. 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 duly opened the hearing by reading the legal notice and described information received from the petitioner. The applicant is requesting a VARIANCE from section 135-4.1.1, Table 2, Schedule of Dimensional Controls and 135-9.2.2 to allow a rear yard setback of 2.4 ft. instead of the required 15 ft. rear yard setback. Attorney Carl Toumayan representing the owners of the property, Tomasz Nowina- Konopka and Malgorzata Zurakowska-Konopka, presented the petition. At the hearing Attorney Toumayan explained the proposed addition and the owners wish to keep the integrity of the house as it was designed in the 1950’s. A Board member asked Attorney Toumayan to explain the paper street. He answered title search had not been done, according to the deed the paper street is outside the owners locus. Dimitri Vlachos of 286 Woburn Street asked the Board member for clarification of the paper street, the abutters are not clear as to who owns it and asked how wide the paper road is. The Board member suggested he consult a real estate lawyer. Attorney Toumayan answered Mr. Vlachos the paper road is 20 ft. wide. Without doing a title plan it is difficult to say. Mr. Vlachos asked to see the plans. BOA Meeting September 12, 2013 7 Charles Kishpaugh of 438 Lowell Street asked for clarification of 2.4 ft. to the end of the property or end of paper road. Also said it is his understanding that the town owns the paper road. No one spoke in favor or in opposition to the petition. The hearing was duly closed. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0, to approve a VARIANCE from section 135-4.1.1, Table 2, Schedule of Dimensional Controls and 135-9.2.2 to allow a rear yard setback of 2.4 ft. instead of the required 15 ft. rear yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 12, 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 106 Blake Road, Map 78, Lot 41 The petitioner submitted the following information with the application: nature and justification of request; a plot plan, elevations, floor plans and letters of support from Steven and Linda Alteman of 20 Nicholas Road; Sheila Carme of 103 Simonds Road and Robert and Pamela Edmonston of 96 Blake Road. 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 by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT from section 135-8.4.2 and 9.4.2 to allow extension or alteration of a nonconforming structure. Mallikarjuna Putta, owner of the property, presented the petition explaining that he is proposing to raze a portion of the existing structure and reconstruct the structure with additional lioving space and a two-car garage. At the hearing the applicant presented a fourth letter of support from Samuel and Tal Dinnar of 95 Simonds Road. The Board had no questions. 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 Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-8.4.2 and 9.4.2 to allow extension or alteration of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 12, 2013 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Address: 755 Massachusetts Avenue, Map 22, Lot 50 The petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan; elevations; photographs; materials to support wireless facility, noise study, product data. 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; the Historic Districts Commission Clerk and the Communications Advisory Committee. Comments were received from the Communications Advisory Committee, the Historic District Commission and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMITfrom section 135-3.1.1, Table 1, Permitted Uses and Development Standards, Line 0.1.08 and section 6.4.5, to allow installation, operation and maintenance of a wireless cell facility within the steeple and church. Attorney Joseph Giammarco of BrownRudnick, presented the petition for New Cingular Wireless PCS, LLC by explaining the proposal to install 12 panel antennas, 4 per sector, at two centerline heights -67 ft. 4. in. and 92 ft. above ground level in the church steeple with accessory equipment. The additional equipment would be primarily located in the equipment room within the church. A Board member asked for clarification from the Zoning Administrator as to the comments made by the Communication Advisory Committee. It was the understanding of one of the Board members that there had already been a tower within the Church and he asked what had happened to it. The applicant said there was one there from Nextel/Sprint and they do not know why they decommissioned the antenna. The Board member said previously there had been abutter opposition; has the technology changed so that people feel better about it. There were no questions from the audience. BOA Meeting September 12, 2013 10 Steven McKenna of 15 Barnes Place spoke in opposition to the petition. There was a discussion that followed regarding how towers affect property values. No one spoke in favor of the petition. The hearing was duly closed. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a SPECIAL PERMITfrom section 135-3.1.1, Table 1, Permitted Uses and Development Standards, Line 0.1.08 and section 6.4.5, to allow installation, operation and maintenance of a wireless cell facility within the steeple and church. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 12, 2013 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 12, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: David George, Zoning Administrator Other Business: 1. 34 Wood Street – Received a letter dated August 21, 2013 requesting a one-year extension to a variance received on September 27, 2012. Mr. Ciampa would like to extend the variance deadline until September 27, 2014. By law the Board is only allowed to extend a variance for 6-months at a time. The applicant would be able to come back at that point and request another extension. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to extend the variance until March 27, 2014. 2. 2027 and 2013 Massachusetts Avenue – Received a letter dated September 3, 2013 to request approval for minor revisions to the Definitive Site Development and Use Plan. Landscape Architect Gary Larson and Louis Perez, Project Manager and father of the owner presented minor revisions to the DSUP as approved by the Lexington Town Meeting. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve the minor revisions to the Definitive Site Development and Use Plan as approved by the Lexington Town Meeting. 3. Discussion of proposed changes to the ZBA Rules and Regulations. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to accept the proposed changes to regulations numbered 1, 2 and 6. 4. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board approved the minutes of July 25, 2012 and August 8, 2013 as written. 5. The meeting was duly adjourned. Submitted by: Dianne Cornaro, Administrative Clerk