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HomeMy WebLinkAbout2014-06-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present was Associate Member F. David Wells Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 7 Harrington Road, Map 57, Lot 2D Postponed from May 22, 2014 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans; photographs; information on antennas, copy of lease, panel and generator specifications; RF affidavit, map of coverage, future build locations; environmental noise impact assessment; estimate of removal cost and AT&T equipment list. 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, the Historic District Commission Clerk, Zoning Administrator and the Communication Advisory Committee. Comments were received from the Historic Districts Commission, the Communication Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notices and described information received from the petitioner. SPECIAL PERMIT in accordance with the Zoning By-Law The petitioner is requesting a (Chapter 135 of the Code of Lexington) section 135-6.4.5.2.a and section 9.4.2 to allow to install, maintain and operate a wireless communication facility. Attorney Daniel Klasnick, representing Bell Atlantic Mobile of Massachusetts presented the petition explaining the project and the need for the additional antennas. They have gone before the Historic Districts Commission and are in the process of having the type of window to be used approved. A Board member asked for the reason they are putting in plexi-glass rather than glass. (Glass would interfere with the signals.) Other Board members asked about the generator load, how often it will be tested,what was the schedule or plan to test it. They also asked how they plan to camouflage the equipment, was concerned with the noise of the generator and where the lights in the cupola were being relocated to. Roland Defilippi of 1965 Massachusetts Avenue was concerned with noice from the generator and that the antenna will interfer with his reception. Mr. Defilippi had many questions about the testing of the noise level and frequency. BOA Meeting June 12, 2014 2 Carla Fortmann of 5 Harrington Road asked the petitioner if there was any evidence that antennas interfer with television frequencies. Nancy Earsy of 37 Grant Street and a member of the First Parish Church spoke in support of the petition. A Board member asked if in fact there was an issue with noise from the generator would they be able to take additional measures to add sound proofing. (They will continue to work on any issues that may arise.) No one spoke in favor of the petition. The Chiarwoman closed the hearing at 8:05 pm. On a motion by Edward D. McCarthy and second by Jeanne K. Krieger, the Board voted 5-0 to SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the grant a Code of Lexington) section 135-6.4.5.2.a and section 9.4.2 to allow to install, maintain and operate a wireless communication facility based on the condition that they receive approval from the Historic District Commission. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 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 Also present was Associate Member F. David Wells Address: 371 and 443B Massachusetts Avenue, Map 113, Lot 355 and Map 21, Lot 10-12 Postponed from May 22, 2014 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 July 10, 2014. Attorney Bartenstein was present to explain the reason for the postponement was to give time for constructive discussions for a solution to the problem with the Building Commissioner, Fred Lonardo. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to further postpone the hearing until July 10, 2014. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present was Associate Member F. David Wells Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 5 Berwick Road, Map 63, Lot 51 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans; photographs and 2 letters of support from the abutters at 6 Berwick Road and 7 Berwick Road. 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 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 from Section 135-8.4.2 and section 135-9.4.2 to allow modification of a nonconforming structure. Architect Bill Ericson, presented the petition for the owners of the property, Alice and Andrew Roebuck by explaining the proposed changes to the front entrance. The applicant seeks to remove the existing front landing and replace them with a portico at the front entrance. A Board member asked if they will be replacing the steps. (The will remain and refaced with brick.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:18 pm. BOA Meeting June 12, 2014 5 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 135-8.4.2 and section 135-9.4.2 to allow modification of a nonconforming structure at 5 Berwick Road. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 2014 Board Members Present: Chairman – Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Chairman Martha C. Wood excused herself from this hearing and left the room. Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Also present was Associate Member F. David Wells Address: 59 Gleason Road, Map 78, Lot 86 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations and floor plans. Also received with the application was an e-mail in support of the petition from James C. Wood, Jr of 51 Gleason Road and a letter of support from Laura and David Lees of 57 Gleason Road. 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 Historical Commission and the Zoning Administrator. The Chairman opened the hearing at 8:20 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT from Section 135-8.4.2 and section 135-9.4.2 to allow modification of a nonconforming structure. Architect Christopher Barry, presented the petition for the owners of the property, Carissa and Michael Glavine by explaining the proposed renovations to the existing home. They are scheduled to go before the Historical Commission next week for their approval for the addition. A Board member asked why they needed to go before the Histrorical Commission. (The needed to go before the HC because of a change in the roof line on the structure.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:24 pm. BOA Meeting June 12, 2014 7 On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney, the Board voted 5- SPECIAL PERMIT from Section 135-8.4.2 and section 135-9.4.2 to allow 0 grant a modification of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 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 Also present was Associate Member F. David Wells Address: 4 Lake Street, Map 50, Lot 159 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 Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:25 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT from Sections 135-9.4.2, 135-8.4.1 and section 135-8.4.2 to allow modification of a nonconforming structure. Richard Chan, owner of the property, presented the petition by explaining the proposed addition to the existing home. A Board member asked where was the driveway located. Another Board member commented on how nicely landscaped the property was and hoped that it would be put back again. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:30 pm. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 grant a SPECIAL PERMIT from Section 135-9.4.2, 135-8.4.1 and section 135-8.4.2 to allow modification of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 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 Also present was Associate Member F. David Wells Address: 60 Bedford Street, Map 57, Lot 79 The petitioner submitted the following information with the applications: nature and justification of request; sign plans and a copy of the ZBA decision dated February 14, 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, Economic Development; the Historic District Commission Clerk, Design Advisory Committee and the Zoning Administrator. Comments were received from the Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 8:31 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a modification of a special permit dated February 14, 2013 in accordance with sections 135-5.2.4.1 and 135-9.4.2 to allow modification in type of internal illumination of a sign. Jason Parelli of Back Bay Signs and Terr of Carewell Urgent Care presented the petition by explaining the proposed modifications to the sign. A Board member asked if there were any other signs in the area being illuminated like this.(Yes, Walgreens) Another Board member asked if the hours of operation were changing.(No) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:35 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a modification of a special permit dated February 14, 2013 in accordance with sections 135-5.2.4.1 and 135-9.4.2 to allow modification in type of internal illumination of a sign. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 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 Also present was Associate Member F. David Wells Address: 1845-1847 Massachusetts Avenue, Map 49, Lot 8A The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; floor plans; a letter of support from Attorney Thomas Fenn dated May 13, 2014 and a letter from Dr. James Manganello dated May 8, 2014. 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 Health Director and the Zoning Administrator. The Chairman opened the hearing at 8:36 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting 2 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-5.1.14, 135-5.1.5 and 135- 5.1.4 to allow modification of the parking and loading requirements. Attorney Thomas Fenn presented the petition for the owner of the building, Dr. James Mangiello, by explaining the the relief they are seeking. Alan Check of ViaLago was also present at the hearing. They are seeking to waive the plot plan requirement; add 33 new seats and to modify the requirement for loading docks and parking. A Board member asked to clarify the total number of seats.(99) Another Board member was concerned with the debrey he sees in the alley behind the building. Attorney Fenn will bring it to Dr. Mangiello’s attention and Alan Check said he would include steam cleaning the alley bi-monthy with his cleaning contractors. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:51 pm. BOA Meeting June 12, 2014 11 On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the plot plan requirement. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant 2 SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.1.14, 135-5.1.5 and 135-5.1.4 to allow modification of the parking and loading requirements. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 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 Also present was Associate Member F. David Wells Address: 16 Hayden Avenue, Map 16, Lot 1A The petitioner submitted the following information with the applications: nature and justification of request; site plan; photographs, RF report, coverage maps, structural letter, lease, equipment specifications, noise letter, DPH memorandum, MPW study and site inventory. 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 Planning Director, Communication Advisory Committee, Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 8:53 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Special Permit in accordance with 135-3.4, Tab1, Use 0.1.08, 6.4.5;4.3.4 and 9.4 of the Zoning Bylaw to to install, operate and maintain a wireless communication facility. Attorney Ed Pare, representing New Cingular Wireless c/o Centerline Communications, presented the petition by explaining the proposed installation of twelve panel antennas on the rooftop of the building at 16 Hayden Avenue. A Board member asked about the distance of the coverage. (1 to 1 ½ mile from towers.) There was a question from a Board member as to a comment made by the Planning Director regarding the zoning district. David George, the Zoning Administrator explained communication towers cannot be prohibited in any zoning districts. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:06 pm. BOA Meeting June 12, 2014 13 On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 grant Special Permit in accordance with 135-3.4, Tab1, Use 0.1.08, 6.4.5;4.3.4 and 9.4 of the Zoning Bylaw to to install, operate and maintain a wireless communication facility. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 12, 2014 14 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 12, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present was Associate Member F. David Wells Administrative Staff: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Other Business: 1) The Chairwoman explained the administrative changes that are being proposed to the ZBA Rules and Regulations fee section. There are no changes to the fee schedule itself; the only changes being made is where you find the information. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to accept the changes to be made. 2) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to accept the minutes of May 22, 2014. Submitted by: Dianne Cornaro, Administrative Clerk