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HomeMy WebLinkAbout2014-02-20-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman — Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Due to the snow storm and closure of the Lexington Town Hall on Thursday, February 13, 2013 the Chairman began the meeting by asking for a motion from the Board to ratify the postponement of the hearings scheduled for Thursday, February 13, 2014 as follows 1 85 Reed Street is requesting to be continued until Thursday, April 10, 2014 2 44-46 Parker Street will be continued until Thursday, March 27, 2014 3 20 Maguire Road, 81-83 Hartwell Avenue, 70 Westview Street, 881 Massachusetts Avenue and 72 Outlook Road will be heard tonight, Thursday, February 20, 2014 4 307 Marrett Road and 100 Gleason Road will be postponed until Thursday, February 27, 2014 5 755 Massachusetts Avenue scheduled under other business on the February 13th agenda shall be heard tonight, Thursday, February 20, 2014 On a motion by Leo P McSweeney and seconded by Edward D McCarthy, the Board voted 5-0 to ratify the February 13, 2014 hearing as stated above Su6mitted 6y: Dianne Cornaro,Administrative Clerk BOA Meeting February 20 2014 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman — Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 20 Maguire Road, Map 85, Lot 13A The petitioner submitted the following information with the applications nature and justification of request; elevations, photographs, sign plans, Findings of Fact, letter from Bruce Nolan authorizing Advanced Signing to obtain permits and an e-mail of February 13, 2014 consenting to the February 13, 2014 postponement. 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, the Zoning Administrator and the Design Advisory Committee Comments were received from the Conservation Administrator, the Planning Director, the Zoning Administrator and the Design Advisory Committee The Chairman opened the hearing at 7 40 pm by reading the legal notices and described information received from the petitioner The petitioner is requesting a SPECIAL PERMIT from Sections 135-5 2 4 1 and 135- 5 2 8 2 to allow alteration to an existing standing sign, adding a light fixture and increasing height to 8'3" Heather Dudko of Advanced Signing, LLC presented the petition for the owners of the property, WLC Four VI, LLC Also at the hearing was William McConaughy, also of Advanced Signs, and Bruce Nolan of Griffin Properties At the hearing Mrs Dudko explained the alterations to be made to 3-existing signs on the property Due to a design change in the signs the Zoning Administrator, David George, requested the applicant to withdraw without prejudice the portion of the application that requested the signs to be internally illuminated The signs will no longer be internally illuminated On a motion by Edward D McCarthy and seconded by Leo P McSweeney, the Board voted 5-0 to withdraw without prejudice the portion of the application that requested internal illumination BOA Meeting February 20 2014 3 A Board member asked for clarification of the design William McConaughy explained the design in detail to the Board It was also asked if there were different tenants in the Building Right now the building is unoccupied and it is expected to have one-tenant. Bruce Nolan of Griffin Properties explained they are expecting to have 1 to 2 tenants for the 81-83 Hartwell Avenue building, and multi-tenants in the 70 Westview Street building which they are also coming before the Board for this evening They are not planning on having multiple names on the signs There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 53 pm On a motion by Leo P McSweeney and seconded by F David Wells, 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 § 135-5 2 8 3, and §135-9 4 2, to allow modifications to existing signs subject to the following condition 1 The signs shall be constructed in accordance with the plans submitted and prepared by Advanced Signing, referenced as Description "Primary Site ID," Project. "Exterior Site Signage [20 Maguire Road] Lexington MA." The plan set consists of 20 sheets, revised 10/30/13 except Drawing No Site 4 and Drawing No 4a, revised 7/22/13 2 Numbering and lettering appearing on the signs shall not be internally illuminated 3 The signs shall remain in the present locations and shall not be moved Su6mitted 6y: Dianne Cornaro,Administrative Clerk BOA Meeting February 20 2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman — Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 81-83 Hartwell Avenue, Map 80, Lots 4A and 4B The petitioner submitted the following information with the applications nature and justification of request; elevations, photographs, sign plans, Findings of Fact, letter from Bruce Nolan authorizing Advanced Signing to obtain permits and an e-mail of February 13, 2014 consenting to the postponement of the hearing 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, the Zoning Administrator and the Design Advisory Committee Comments were received from the Conservation Administrator, the Planning Director, the Zoning Administrator and the Design Advisory Committee The Chairman opened the hearing at 7 54 pm by reading the legal notices and described information received from the petitioner The petitioner is requesting a SPECIAL PERMIT from Sections 135-5 2 4 1 and 135- 5 2 8 2 to allow alteration to an existing standing sign, adding a light fixture and increasing height to 8'3" Heather Dudko of Advanced Signing, LLC presented the petition for the owners of the property, WLC Four VI, LLC Also at the hearing was William McConaughy, also of Advanced Signs, and Bruce Nolan of Griffin Properties, Property Manager of the facility At the hearing Mrs Dudko explained the alterations to be made to the existing sign on the property and requested to withdraw without prejudice the portion of the application that requested the signs to be internally illuminated The signs will no longer be internally illuminated There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 56 pm BOA Meeting February 20 2014 5 On a motion by Leo P McSweeney and seconded by F David Wells, 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 § 135-5 2 8 3, and §135-9 4 2, to allow modification to existing sign subject to the following condition 1 The sign shall be constructed in accordance with the plans submitted and prepared by Advanced Signing, referenced as Description "Primary Site ID," Project. "Exterior Site Signage [81-83 Hartwell Avenue] Lexington MA." The plan set consists of 9 sheets, revised 10/30/13, except Drawing No Site 1 , revised 7/22/13 2 Numbering and lettering appearing on the signs shall not be internally illuminated 3 The signs shall remain in the present locations and shall not be moved On a motion by Edward D McCarthy and seconded by F David Wells, the Board voted 5-0, to grant the applicant Leave to Withdraw Without Prejudice its request for zoning relief from § 135-5 2 4 1 and §135-9 4.2 of Ch 135 of the Code of the Town of Lexington (Zoning By-Law) The above listed zoning relief is for property located at 81-83 Hartwell Avenue Su6mitted 6y: Dianne Cornaro,Administrative Clerk BOA Meeting February 20 2014 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman — Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 70 Westview Street, Map 85, Lot 20C The petitioner submitted the following information with the applications nature and justification of request; elevations, photographs, sign plans, Findings of Fact, letter from Bruce Nolan authorizing Advanced Signing to obtain permits and an e-mail of February 13, 2014 consenting to the postponement of the hearing 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, the Zoning Administrator and the Design Advisory Committee Comments were received from the Conservation Administrator, the Planning Director, the Zoning Administrator and the Design Advisory Committee The Chairman opened the hearing at 7 54 pm by reading the legal notices and described information received from the petitioner The petitioner is requesting a SPECIAL PERMIT from Sections 135-5 2 4 1 and 135- 5 2 8 2 to allow alteration to an existing standing sign, adding a light fixture and increasing height to 8'3" Heather Dudko of Advanced Signing, LLC presented the petition for the owners of the property, WLC Four VI, LLC Also at the hearing was William McConaughy, also of Advanced Signs, and Bruce Nolan of Griffin Properties, Property Manager of the facility At the hearing Mrs Dudko explained the alterations to be made to the existing sign on the property and requested to withdraw without prejudice the portion of the application that requested the signs to be internally illuminated The signs will no longer be internally illuminated There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 58 pm BOA Meeting February 20 2014 7 Decision On a motion by Leo P McSweeney and seconded by Edward D McCarthy, 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 § 135-5.2 8 3, and §135- 9 4 2, to allow modification to existing sign subject to the following condition 4 The sign shall be constructed in accordance with the plans submitted and prepared by Advanced Signing, referenced as Description "Primary Site ID," Project. "Exterior Site Signage [70 Hartwell Avenue] Lexington MA." The plan set consists of 9 sheets, revised 10/30/13, except Drawing No Site.2, revised 7/22/13 5 Numbering and lettering appearing on the signs shall not be internally illuminated 6 The signs shall remain in the present locations and shall not be moved On a motion by F David Wells and seconded by Edward D McCarthy, the Board voted 5-0, to grant the applicant Leave to Withdraw Without Prejudice its request for zoning relief from § 135-5 2 4 1 and §135-9 4 2 of Ch 135 of the Code of the Town of Lexington (Zoning By-Law) Su6mitted 6y: Dianne Cornaro,Administrative Clerk BOA Meeting February 20 2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman — Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 881 Massachusetts Avenue, Map 22, Lot 19 The petitioner submitted the following information with the applications nature and justification of request; a plot plan, elevations, floor plans, photographs and an e-mail acknowledging the February 13, 2014 postponement. 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 District Commission Clerk. Comments were received from the Planning Director, Historic Districts Clerk and the Zoning Administrator The Chairman opened the hearing at 8.00 pm by reading the legal notices and described information received from the petitioner The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-6 7 8 and section 135-9 4 2 to allow an accessory structure apartment. Contractor Greg Antonelli of Out of Woods Construction presented the petition for the owners of the property, Helene Svahnqvist and Anders Lumuserom by explaining the the proposed project to convert the garage into an accessory apartment. A Board member questioned if the abutters had been notified Another Board member asked if they had gone before the HDC as an informal or formal hearing and if any of the abutters had attended the HDC hearing (They received formal approval and no abutters had attended the hearing ) A Board member asked how they are connected to Town sewer (There is a connection between the buildings ) And if there would be a kitchen (No stove ) There were no questions from the audience No one spoke in favor or in opposition to the petition BOA Meeting February 20 2014 9 The hearing was closed at 8 10 pm On a motion by Leo P McSweeney and seconded by F David Wells, the Board voted 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-6 7 8 and section 135-9 4.2 to allow an accessory structure apartment. Su6mitted 6y: Dianne Cornaro,Administrative Clerk BOA Meeting February 20 2014 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman — Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 72 Outlook Drive, Map 41, Lot 57 The petitioner submitted the following information with the applications nature and justification of request; a plot plan, elevations, floor plans, photographs and an e-mail acknowledging the February 13, 2014 postponement. 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 District Commission Clerk. Comments were received from the Conservation Administrator, the Planning Director and the Zoning Administrator The Chairman opened the hearing at 8 12 pm by reading the legal notices and described information received from the petitioner The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8 in confection with section 135-9 4 2 to allow a modification of a nonconforming structure Raphael Savir, owner of the property, presented the petition by explaining the 6 ft. by 35 ft. covered front porch with stairs A Board member questioned if the the petitioner will be living in the house himself (yes) and indicated he would have like it if they had staked the area Another Board member asked if the driveway was new (No, they will need to repave and will be adding an area, within the setback, for a 3-point turn) There was a question if the proposed porch will come out as far as a neighbors (No) There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 8 18 pm BOA Meeting February 20 2014 11 On a motion by F David Wells and seconded by Leo P McSweeney, the Board voted, 5-0 to grant the special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8 in confection with section 135-9 4 2 to allow a modification of a nonconforming structure Su6mitted 6y: Dianne Cornaro,Administrative Clerk BOA Meeting February 20 2014 12 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 20 2014 Board Members Present. Chairman – Martha C Wood, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member F David Wells Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS 1) 755 Massachusetts Avenue – Joe Giammaro and Paul Reed, who had submitted a letter to the Board, were present to request a minor modification from AT&T's approved decision from September 12, 2013 from Chapter 135 in accordance with 135 3 0, Table 1 Permitted Uses and Development Standards, Line 0 1 08, 135- 6 4 5 2 and 135-9 4.2 to allow a wireless communication facility within the Follen Church Steeple and Church building On a motion Leo P McSweeney and seconded by Edward D McCarthy, the Board voted 5-0 to DETERMINE, in accordance with the Zoning Act, Bylaw— section 135-9 2 2, the Board's Rules and Regulations, and applicable FCC regulations, that certain changes to the special permit dated September 12, 2013 are minor in nature and that no public hearing is required by the Board to allow the revisions This approval is made subject to the following conditions • The revisions shall be developed in substantial conformance with the plan set and documents listed in Finding 6 1, 6 4, and 6 5, above • The revisions to the facility shall be in substantial conformance with the Board decision dated September 12, 2013, except as that decision is expressly modified by this decision All other applicable terms and conditions of the September 12, 2013 Board decision shall remain in effect. 2) On a motion by Edward D McCarthy and seconded by Leo P McSweeney the Board voted 3-0 to accept the minutes of January 9, 2014 3) On a motion by Leo P McSweeney and seconded by F David Wells the Board voted 3-0 to accept the minutes of January 23, 2014 Su6mitted 6y: Dianne Cornaro,Administrative Clerk