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HomeMy WebLinkAbout2014-07-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 10, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Nancy Adler Administrative Staff: David George, Zoning Administrator Address: 371 and 443B Massachusetts Avenue, Map 113, Lot 355 and Map 21, Lot 10-12 Postponed from May 22, 2014 and June 12, 2014 The Chairwoman read a letter from Attorney John C. Bartenstein, representing himself and Donna Bosco requesting to further postpone the scheduled hearing regarding a Zoning Enforcement Appeal until August 14, 2014. A Board member asked if the abutters had been informed of the postponement. Atty. Bartenstein spoke to say that he had notified neighbors that had been interested in this petition of the postponement. A Board member asked what the status of the application was. Attorney Bartenstein told the Board there has been discussions between the Zoning Administrator, the Tree Committee and the DPW regarding the planting of trees along the bike path that he had not been a part of. Attorney John Farrington spoke on behalf of Lexington Toyota; he doesn’t see an issue with this; he doesn’t see a reason for the postponement. Mr. Gray has been a participant in meetings with the Tree Committee and feels there no issue for this Board to be considering at this time. It has been a well addressed matter. Lexington Toyota would like to come before the Board with a new parking plan but cannot come back until this matter is resolved. On a motion by Jeanne K. Krieger and seconded by David G. Williams, the Board voted 5-0 to further postpone the hearing until August 14, 2014. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting July 10, 2014 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 10, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Nancy Adler Administrative Staff: David George, Zoning Administrator Address: 34 Woburn Street, Map 48, Lot 231 This hearing had been continued from June 26, 2014. SPECIAL PERMIT The petitioner is requesting in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (reconstruction) of a non conforming structure. Attorney John Farrington, presented the petition for the potential buyers of the property, Tom and Ursella Berendsen. Paul Sramohicz and Brian Sparrow, the Contractors for the project were also present to answer questions. The Chairwoman continued the hearing by re-reading the legal notice and told the audience it had been the Board that had requested the hearing to be continued. Attorney Farrington explained at the prior hearing there had been a request by the Board to move the structure forward in the lot to the Vine Street side of the lot to give the structure more distance from the abutter. There had also been a concern for shadowing and sun in a planted area on the abutter’s lot. The applicants did 2 things; first they addressed the shadowing by taking pictures of 19 Vine Street at different times during day. It does not appear to them that even if with the house at the first proposed location there would be no shadowing issues on that particular area. He submitted those pictures to the Zoning Administrator, David George. The second thing they did was they move the house closer to Vine Street which resulted in better a plan. There also was a recommendation or concern for 2 trees on the lot that would need to come down. Re submitted plan relocates the house and moves it from the rear lot line that abuts 19 Vine Street. Moving it forward shifted it closer to Vine Street. The setback was 12.2 ft.; it is now 11.8 ft. from lot line. Additional the applicant will be planting 4 3-inch caliber maple trees in the front part of the triangular piece of the lot. The Chairman clarified that the plans the Board would be approving are plans that were dated March 18, 2014 and revised on June 30, 2014. A Board member asked with the moving of the house, which he applauds, have the house plans changed any? (No.) He also asked how tall a 3-inch tree would be. (16 to 20 ft.) BOA Meeting July 10, 2014 3 Another Board member asked why the tree cannot be saved. The Contractor, Brian Sparrow, explained the site work that will be done in the area of the tree would intrude on the root system and would eventually kill the tree and the second reason is the tree will hangover the new construction. Sahay Amar of 36 Woburn Street, a direct abutter, was surprised that he was unaware of the changes for this until 2 days ago. The large tree is beautiful and it is not clear to him why this tree will be taken down. A Board member had asked when Mr. Amar had moved to the neighborhood, (last August.) he should have received an abutters letter. Tom Berenson, owner of 34 Woburn Street, is extremely concerned with the large tree being old and so large hanging over his new home. A Board member asked Mr. Sahay if he had any other issue with the plans other than the tree. The Chairwoman asked how he would feel if there was a condition to plant another tree in that location once the house is built. Attorney Farrington discussed planting another tree. One of the Board members thought the house was to big for the lot and asked why it had to be a Maple tree. (It did not not.) Jed Barash of 19 Vine Street, appreciated the shade study they did. Would like see the pictures and asked if the study was with the existing house on the property or where the new structure would be. A set of pictures were given to him at the hearing. (Tom Berenson answered the impact of the shadowing in the area actually comes from the tree that they would like to take down and any shadow doesn’t actually happen until about 3:30 to 4:00 in the afternoon when it hits the fence.) Mr. Barash also for clarification what part of the structure would be moving. (The foundation.) A Board member asked for clarification of the Tree Bylaw within the setback. Gillian Galen of 19 Vine Street wanted to make sure that the shadowing on their garden would not be drastically different because the garden was designed with the amount of light they have currently. A Board member felt the new location for the structure will have less impact. Kristen Hann of 16 Vine Street was concerned with taking both trees down. Jed Barash of 19 Vine Street agreed that the tree may be too big for the lot but does want it on the record that he does not want the tree down. A Board member felt the owner has shown a great deal of sensitivity to the issue in trying to make it work for everyone. Attorney Farrington said the applicant has agreed to add an additional tree. (David George requested the applicant indicate on a plot plan (Exhibit A) where the tree would be placed on the right front of the lot. The applicant indicated he would like to consult with the landscape architect as to what tree and size would be right for the area.) BOA Meeting July 10, 2014 4 The Chairwoman duly closed the hearing. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 4-1, SPECIAL PERMIT with David G. Williams voting in opposition, to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (reconstruction) of a non conforming structure as shown on the revised plan dated June 30, 2014 with the following conditions: 1. The new structure shall conform substantially to the plans submitted with the application. 2. The new structure shall be constructed in the location as shown on the plot plan submitted with the application referenced as Exhibit A, titled, “Concept Plan, #34 Woburn Street, Lexington MA,” prepared by Bruce Saluk and Associates, Inc., revised 6/30/14. 3. Trees shall be planted as shown on the plan submitted with the application referenced as Exhibit A, titled, “Concept Plan, #34 Woburn Street, Lexington MA,” prepared by Bruce Saluk and Associates, Inc., revised 6/30/14. 4. One additional tree shall be planted on the lot in the area marked up on the plot submitted with the application referenced as Exhibit A, titled, “Concept Plan, #34 Woburn Street, Lexington MA,” prepared by Bruce Saluk and Associates, Inc., revised 6/30/14. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting July 10, 2014 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 10, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Nancy Adler Administrative Staff: David George, Zoning Administrator Address: 93 Gleason Road, Map 78, Lot 183 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; shed dimensions and 2 letters of support from Don and Kate Benson of 58 Dexter Road and Joanne Campbell of 95 Gleason Road. Prior to the hearing, the petitions and supporting data were reviewed by the 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, Historical Commission Clerk and the Zoning Administrator. The Chairman opened the hearing by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow a shed to be located closer to the lot lines than otherwise allowed. Lisa Kunins, owner of the property, presented the petition by explaining she has no garage or basement and needs a shed for storage. She is willing to have a setback of BOA Meeting July 10, 2014 6 5 ft instead of the 3 ft she indicated in her application so that she does not have to have a fire wall on the shed. A Board member asked if she had a good feel of where the lot line corner is. (Yes) There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairwoman duly closed the hearing. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a special permit in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification of a non-conforming structure with the condition that the shed be no closer than 5 feet to any lot line. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting July 10, 2014 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 10, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Nancy Adler Administrative Staff: David George, Zoning Administrator Address: 25 Columbus Street, Map 50, Lot 167 The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan; elevations and floor plans. Prior to the hearing, the petitions and supporting data were reviewed by the 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, Historical Commission Clerk and 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 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification of a non conforming structure Chris Williams of First Class Carpentry presented the petition for the owner of the property, Lauren Kennedy and Ryan Kilgore. At the hearing copies of additional information on elevations and a letter of support from a neighbor was received. A Board member asked if it is a one story house. (A second story was added about 2 years ago.) Will the retaining walls remaining the same? (Yes) BOA Meeting July 10, 2014 8 There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman duly closed the hearing. On a motion by Jeanne K Kriger and seconded by Leo P. McSweeney the Board voted to waive the certified plot plan requiement. The Zoning Administrator, David George, advised the applicant that this waiver is for the Zoning Board of Appeals decision only. When submitting an application for a building permit a certified plot plan will be required. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 grant a Special Permit in accordance with 135-9.4.1 of the Zoning Bylaw to allow modification (reconstruction) of a non conforming structure Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 10, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Nancy Adler Administrative Staff: David George, Zoning Administrator Address: 15 Carville Avenue, Map 14, Lot 38 The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan and elevations. Prior to the hearing, the petitions and supporting data were reviewed by the 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 Conservation Administrator, Historical Commission Clerk and the Zoning Administrator. The Chairman opened the hearing by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification of a non conforming structure Attorney John Farrington, presented the petition for Nate Wolfson and Sarah Metzger-Traber who have the house under agreement. Also attending with Attorney Farrington was the contractor, Brian Sparrows. Attorney Farrington explained the proposed addition expansion to the existing structure. There was a discussion between the Board and Attorney Farrington on the Historical Commission reviewing the property. Attorney Farrington explained the Historical Commission and requirements of the Commission to the applicant. BOA Meeting July 10, 2014 9 A Board member asked if they had spoken to any of the neighbors to tell them about the addition. (Yes, they have reached-out to the neighbors.) Robert Coughlin of 20 Carville Avenue had a concern of the density of the addition and asked for clairity on the set backs and height of the structure. Attorney Farrington went over the plans with Mr. Coughlin. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 SPECIAL PERMIT to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 26, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Nancy Adler Administrative Staff: David George, Zoning Administrator Other Business: 1. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to accept the minutes of June 26, 2014.