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HomeMy WebLinkAbout2013-11-14-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 14, 2013 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at this hearing were Associate Members: Ralph D. Clifford, Nancy M. Adler and Richard A. Michelson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 6 Hudson Road, Map 25, Lot 223 The petitioner submitted the following information with the applications: nature and justification of request; a topographic plan; a plot plan; shed specifications and a request for a waiver from the certified plot plan. Prior to the hearing, the petitions 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 Zoning Administrator. The Chairman opened the hearings by reading the legal notices and described information received from the petitioner. SPECIAL PERMIT The petitioner is requesting a in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Christopher Anderson, owner of the property, presented the petition. A Board member asked why they need the shed, why not use their garage. (The applicant responded with 3 boys they have a lot of toys, equipment, etc.) A member thought the applicant had a clear case for needing a shed, her question was directed to the Zoning Administrator. Could the Board condition the special permit to the current owner only? There were numerous questions from the Board as to where the shed could be located on the property and for storning alternatives other than a shed. There was concern with the shed being placed close to the abutter’s property and being intrusive as you come down Munroe Street. Mark Duffy of 46 Spring Street asked the Board to explain what non-conforming meant and how did it relate to the shed. BOA Meeting November 14, 2013 2 Keith Lehman of 4 Hudson spoke in favor of the petition and spoke of discussing and agreeing with Mr. Anderson as to the best place for the shed to be placed. Mark Duffy of 46 Spring Street spoke in opposition to the petition. The Chairman closed the hearing and reopened it to further discuss the location of the shed. After much discussion it was decided the hearing would be continued until December 12, 2013 at 7:30 pm to give Mr. Anderson time to speak with his abutters regarding possible other locations for the shed and to stake out the sites for the Boards review. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to continue the hearing until December 12, 2013 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting November 14, 2013 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 14, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Also present at this hearing were Associate Members: Ralph D. Clifford, Nancy M. Adler and Richard A. Michelson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 5 Summit Road, Map 22, Lot 159 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; elevations; floor plans; and an addendum to the application dated October 30, 2013. Prior to the hearing, the petitions 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 Zoning Administrator. The Chairman opened the hearing by reading the legal notices and described information received from the petitioner. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Mike Stevens, owner of the property, presented the petition. A Board member asked for a clarification for the setback. (The overhang is extending into the setback, the walls are not changing.) The applicant was also asked to explain the drainage and if there was a second floor on the garage what will and be used for. (Explained drainage and there is an attic to the garage with pull down stairs for storage. Barry Orenstein of 132 Follen Street and Laura Lewis of 9 Summit Road spoke in favor of the project. BOA Meeting November 14, 2013 4 Eirik Lawson Gude of 3 Summit Road spoke in favor as long as none of the runoff goes into his property. No one spoke in opposition to the petition. The Chairman closed the hearing. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting November 14, 2013 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 14, 2013 Board Members Present: Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at this meeting were Associate Members: Ralph D. Clifford, Nancy M. Adler and Richard A. Michelson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1) The Chairwoman opened up a general discussion on ZBA Business Operations by asking the Associate Members how they felt they were oriented into the Board and if there were things that they would like to see addressed. One of the Associates had commented that they felt very alone with the process and wasn’t sure what was expected of them on the Board. Would like to see a mentoring program put into place for new Associates. Others didn’t have any issues, felt things were going well. Chairwoman asked what the Associates thought of the possibility of having one of the Associates attend each meeting as an extra member of the Board. They would receive the information on the hearing before hand to review, sit in on the presentation, would be able to ask questions but would not vote on the decision. One of the Associates was not in favor of it as he thought there is a lot of work involved in getting ready for a hearing and was not sure how much he would participate in it. Two of the Associates attending this meeting were in favor of it as long as it wasn’t a mandatory situation. Discussion followed and it was agreed that for 3 months starting in January we would have 1 Associate attend each meeting to see if it was beneficial. We would revisit it in 3 months. We will set up a schedule for volunteers to attend the meetings. 2) Charles Hornig, Chairman of the Planning Board spoke to the Board regarding communications between the Boards and sharing of information of the New By- BOA Meeting November 14, 2013 6 Laws and felt that if the two Boards were able to discuss some of the By-Law changes the ZBA would understand the intent of the changes. The Chairman felt that if a Board or Committee sends a letter to the ZBA regarding a hearing it would be helpful for them to attend a meeting to explain their concerns. Some of the ZBA members would like to see the Planning Board agenda’s. 3) The Board and Associates had a discussion of changing the meeting time to 7:00 or 7:15 pm. After much debate it was decided to leave the time of the meeting at 7:30 pm and we will revisit it again in a year. 4) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the Board voted to approve the minutes of October 24, 2013. 5) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk