HomeMy WebLinkAbout2014-05-22-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 22, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator and Building Commissioner, Frederick Lonardo
Address: 15 Williams Road, Map 78, Lot 151
Continued from April 24, 2014
The petitioner submitted the following information with the applications: nature and justification
of request; plot plan; elevations; floor plans and a letter from Anthony Frausto, Project
representative, dated February 14, 2014. A new plot plan and new building plans were also
received.
The Chairman continued the hearing by reviewing what had taken place at the April 24, 2014
hearing.
The petitioner is requesting a SPECIAL PERMIT from Sections 135-8.4.2 and 135-9.4.2 to
allow an increase of a nonconforming structure.
Anthony Frausto from Morehouse MacDonald and Associates, Architect for the project,
presented the petition for the owners of the property, Mr. and Mrs. Pei Chen.
At this hearing Mr. Frausto addressed the corner safety issues which where a concern to the
neighbors at the April 24, 2014 hearing.
There were no additional questions from the Board.
Thomas McLaughlin of 16 Williams Road still had an issue with the structure going outside the
setbacks.
The Chairwoman asked Mr. McLaughlin if he had seen the updated plans. He said because of
his work schedule he had been unable to review them.
Mr. Frausto showed Mr. McLaughlin a copy of the proposed plans.
No one spoke in favor of the petition.
The Chiarwoman closed the hearing at 7:50 pm.
On a motion by Jeanne K. Krieger and second by Leo P. McSweeney, the Board voted 5-0 to
grant a SPECIAL PERMIT from Sections 135-8.4.2 and 135-9.4.2 to allow an increase in a
nonconforming structure.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 22, 2014 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 22, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator and Building Commissioner, Frederick Lonardo
Address: 85 Reed Street - Map 72, Lot 498
This hearing had been continued from December 12, 2013, January 23, 2014; February 13,
2014, April 10, 2014 and April 24, 2014.
Attorney Pam Brown presented the petition along with Brian Powderly, one of the owners of
the property.
The applicant is requesting a special permit in accordance with the Zoning By-Law section
135-8.42 and 135 9.4.2 to allow reconstruction and expansion of a non-conforming structure.
Attorney Brown recapped the proposal and told the Board she had spoken with Karen Mullins
of the Conservation Commission and although they still have not received final approval,
Karen Mullins felt confident that it would be signed off on at the next Conservation meeting
since they were only waiting for minor planting approvals.
The Chairwoman asked if Attorney Brown had shown the plans to any of the abutters. She
had just received the final plans the day before and had only shown the gentleman that was in
the audience tonight.
A Board member questioned the water retention on the property (A requirement of the
Conservation is to Commission is to have an infiltration system installed.)
A Board member asked for clarification of the setbacks and another asked if the foundation
would be new (yes).
Hiroshi Okuda of 83 Reed Street was concerned that he and other abutters had not had the
opportunity to review the plans and was concerned with the proposed size of the proposed
home. He presented a letter to the Board with all his concerns.
Board members asked Attorney Brown to explain the landscaping plan; asked where the fence
on the plans is, asked about the bush on the side of the house and asked about the water
drainage system.
There was a discussion on the bush on the North side of the house. The builder agreed that
he would make every effort possible to retain the bush.
The Building Commissioner, Frederick Lonardo, spoke to say as part of the building
application submittal they will be required to have a designed drainage system on their plans.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0
to grant a special permit in accordance with the Zoning By-Law section 135-8.42 and 135
9.4.2 to allow reconstruction and expansion of a non-conforming structure.
BOA Meeting May 22, 2014 3
Submitted by: Dianne Cornaro, Administrative Clerk
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 22, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator and Building Commissioner, Frederick Lonardo
Address: 19 Maple Street, Map 30, Lot 103
The petitioner submitted the following information with the applications: nature and
justification of request; plot plan; elevations and floor plans.
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, Economic Development;
the Historic District Commission Clerk and the Zoning Administrator Comments were
received from the Building Commissioner and the Zoning Administrator.
The Chairman opened the hearing at 8:17 pm by reading the legal notices and
described information received from the petitioner.
The petitioner is requesting a SPECIAL PERMIT from Section 135-4.4.2 and section
135-9.4.2 to allow an increase in a nonconforming structure by removing the sun porch
and adding a 2 story addition.
Architect Alisha Stone, presented the petition for the owners of the property, Paul and
Caley Chastell.
At the hearing Ms. Stone explained the 3 parts of construction to the addition.
The Board asked if they will be retaining 2 driveways (yes); confirmed that it was a 2-
family and now will be a 1-family (yes); will there be a walkway to the new drive (yes);
will the garage be facing the back of the house (yes) and asked if construction
vechicles could park on Maple Street. (They will look for a solution for parking not on
Maple Street.)
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The Chairwoman closed the hearing at 8:28 pm.
BOA Meeting May 22, 2014 4
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant the SPECIAL PERMIT from Section 135-4.4.2 and section 135-9.4.2
to allow an increase in a nonconforming structure at 19 Maple Street.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 22, 2014 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 22, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator and Building Commissioner, Frederick Lonardo
Address: 7 Harrington Road, Map 57, Lot 2D
The Chairwoman read a letter from Attorney Daniel Klasnick, representing Bell Atlantic Mobile
of Massachusetts requesting to postpone the scheduled hearing for a special permit to allow to
install and operate a wireless communication facility at 7 Harrington Road until June 12, 2014.
Roland Defilippi of 1965 Massachusetts Avenue was upset that he waited for this hearing over
an hour to learn that it was postponed. He wanted to know if abutters would be notified again
of the hearing. David George, the Zoning Administrator, responded that there is nothing in the
Zoning Act that requires the abutters to be notified again of a continued or postponed hearing.
Dennis Tremblay of 1949 Massachusetts Avenue also spoke with a concern of knowing why it
was postponed.
The Board discussed a condition that the applicant would notify abutters of the postponement.
On a motion by Jeanne K. Krieger and seconded by David Williams, the Board voted 5-0 to
continue the hearing until June 12, 2014 with the stipulation that the applicant will re-notify the
neighbors of the change in date.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 22, 2014 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 22, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator and Building Commissioner, Frederick Lonardo
Address: 371-443B Massachusetts Avenue
The Chairwoman read a letter from Attorney John C. Bartenstein, representing himself and
Donna Bosco requesting to postpone the scheduled hearing regarding a Zoning Enforcement
Appeal until June 12, 2014.
A Board member asked for the reason for the postponement.
The Building Commissioner, Frederick Lonardo, told the Board members that he had met with
Attorney Bartenstein and is trying to come to an agreement before they come to the Board.
Tang Chicherng of 36 Brandon Street spoke of his disappointment that the postponement was
not announced earlier.
Garette Burke of 46 Brandon Street wanted to know what the appeal was for.
Mr. Fry, the Chairman of the Lexington Tree Committee, spoke of an agreement between
Lexington Toyota and the MBTA that he hasn’t seen in writing but thought there was some
agreement in it about taking down trees.
On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney, the Board voted 5-
0 to continue the hearing until June 12, 2014.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 22, 2014 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 22, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Administrative Staff: Dianne Cornaro, Administrative Clerk, David George, Zoning
Administrator and Building Commissioner, Frederick Lonardo
Other Business:
1) The Chairwoman welcomed the new Building Commissioner, Frederick Lonardo.
2) The Board went over the dismissal of Mancini vs. Carol Brothers, DBA Stone Meadow
Golf dated December 8, 2011.
3) 307 Wood Street/1 Katahdin Drive/Katahdin Woods Apartments
Attorney Jeff Brown, Property Manager for Kathadin Woods explained the landscape
changes from the Comprehensive Permit issued April 2, 1986 they feel are minor.
John Frey, Chairman of the Tree Committee was present and made suggestions
regarding the proposed trees.
On a motion duly made and seconded, the Board voted 5-0 to determine that the
REVISIONS to the Comprehensive Permit are INSUBSTANTIAL and that no new
public hearing is required. Such determination was made in accordance with the
Zoning Bylaw (Bylaw), CH 135 of the Code of the Town of Lexington, § 135-9.2.2.4
and applicable Mass. Gen. L. CH 40B regulations subject to the following:
1. Tree replanting shall start by June 15, 2014.
2. Tree replanting shall be completed by July 15, 2014.
3. The applicant shall provide an ‘As Built’ tree replanting plan, stamped by a
Commonwealth of Massachusetts certified Landscape Architect, within seven
days of the completion of tree replanting, or in the alternate the applicant shall
send to the Zoning Administrator a letter prepared by the Landscape Contractor
who installed the trees, attesting to the fact that the Landscape Contractor’s
firm removed the trees and replaced the trees with the species identified and in
the areas shown on the Planting Plan referenced as “Tree Planting Site
Layout,” prepared for Katahdin Woods, dated June 2, 2014.
4. After the tree replacement has been completed, the Landscape Contractor shall
contact the Zoning Administrator to request an inspection of the new plantings
by the Zoning Administrator or party on his behalf.
4) On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board
voted to accept the minutes of April 24, 2014.
Submitted by: Dianne Cornaro, Administrative Clerk