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HomeMy WebLinkAbout2014-10-09-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 9 2014 Board Members Present: Chairman — Martha C Wood, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Associate Member William D Kennedy Associate Member sitting as an Alternate Laura Hussong Administrative Staff Dianne Cornaro, Clerk and David George, Zoning Administrator Address 346 Waltham Street, Map 32, Lot 25 The petitioner submitted the following information with the applications nature and justification of request; topographic plan, plot plan, floor plans and elevations and a letter from property owner dated June 15, 2014 addressing conversations with abutters 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 the Health Director and the Zoning Administrator The petitioner requested a SPECIAL PERMIT in accordance with 135-8 4 2 and 135- 9 4 2 of the Zoning Bylaw to allow modification (enlargement of porch) of a non conforming structure The Chairman opened the hearing at 7 35 pm by reading the legal notices and described information received from the petitioner David Baer, owner of the property, presented the petition explaining the project and responding to questions raised by the Zoning Administrator A Board member expressed concern with the size of the large deck which he felt could be a problem with noise to the abutters Another Board member asked to clarify the stairs that would be replaced Are they same size as existing (Yes ) An abutter, Mana Ranjitkar of 342 Waltham Street, asked to see the plans No one spoke in favor or in opposition to the petition The Zoning Administrator requested a new plot plan from the applicant. The Chairwoman closed the hearing at 7 52 pm 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 135-8 4 2 and 135-9 4 2 of the Zoning Bylaw to allow modification (enlargement of porch) of a non conforming structure Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting October 9 2014 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 9 2014 Board Members Present: Chairman — Martha C Wood, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Associate Member William D Kennedy Associate Member sitting as an Alternate Laura Hussong Administrative Staff- Dianne Cornaro, Clerk and David George, Zoning Administrator Address 89 Bow Street, Map 20, Lot 87 The petitioner submitted the following information with the applications nature and justification of request, plot plan, elevations, floor plans and photographs 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 and the Zoning Administrator The Chairman opened the hearing at 7 54 pm by reading the legal notices and described information received from the petitioner The petitioner requested a SPECIAL PERMIT in accordance with 135-8 4 2 and 135- 9 4 2 of the Zoning Bylaw to allow modification (reconstruction) of a nonconforming structure Architect Carl Oldenburg presented the petition with the owner of the property, Janis Brown A Board member asked if the structure had a full basement (Yes) and who currently lives there? (No one lives there, the intent is to build and resell ) Another Board member asked how much impervious surface there will there be and was concerned with drainage (They will install drywells for the run-off and the Zoning Administrator answered no site coverage restrictions for residential lots ) Other Board members questioned the distance from the property line to the overhang (9 ft) and commented this will be the largest house on the street and will they hire an Engineer for the drainage and runoff (Yes ) Jan Nowselski of 24 Rindge Avenue was concerned with the runoff over the retaining wall, James Laker of 26 Rindge Avenue commented the plot plan did not have his property listed correctly, was concerned with the roof line, questioned having additional finished space in attic, was concerned with seeing no landscape plans and had a concern with the elevation of the structure Leah Baigell of 91 Bow Street was concerned with the noise from the HVAC unit being right next to her home and with the structure shading her lot. BOA Meeting October 9 2014 3 The Board followed with a discussion regarding possible conditions regarding the storm water plan, requesting an Engineering report with their approval that the plan would work A Board member asked the Zoning Administrator if there was anything on the Building Code that addressed screenage for buffer areas (There is nothing in place in the Building code ) No one spoke in favor to the petition The Chairwoman closed the hearing at 8 40 pm On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, 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 §135-8 4 2 and § 135-9 4 2 to allow modification (reconstruction) of a nonconforming structure with the following conditions 1 That there shall be a system designed for water retention certified by an Engineer 2 The HVAC system be moved to the rear of the structure and have a sound screen fence 3 There shall be no internal permanent staircase leading to the third floor Submittal by: (Dianne Cornaro,Ad,ninistratrvc Clerk BOA Meeting October 9 2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 9 2014 Board Members Present: Chairman — Martha C Wood, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Associate Member William D Kennedy Associate Member sitting as an Alternate Laura Hussong Administrative Staff- Dianne Cornaro, Clerk and David George, Zoning Administrator Address 33 Marrett Road, Map 31, Lots 63C and 64A The petitioner submitted the following information with the applications nature and justification of request, site plan, grading and drainage plan, elevations, photographs, ZBA decision dated October 5, 1971, May 11, 1995 and August 9, 2012, storm runoff analysis and operation maintenance plan, landscape and lighting plan and a letter from the Town Manager, Carl Valenti, to the ZBA dated October 6, 2014 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; Engineering, Selectmen's Office Zoning, Historic District Commission and the Zoning Administrator The petitioner requested a Modification of 2 Special Permits issued October 5, 1971 and May 11, 1995 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) The Chairman opened the hearing at 8 45 pm by reading the legal notices and described information received from the petitioner Bob Carter of HW Moore Associates presented the petition for the applicants, Supreme Council of the Ancient Scottish Rite of Free Masonry, requesting to construct a 20-space parking lot extension on the northwest section of the site adjacent to the existing parking field Members of the Board had questions regarding the area of trees next to the parking area, easements for the driveways and restrictions on parking areas Liz Gibby of 26 Marrett Road had several questions regarding the parking lots for the entire property No one spoke in favor or in opposition to the petition The Chairwoman closed the hearing at 9 08 pm BOA Meeting October 9 2014 5 On a motion by Jeanne K. Krieger and seconded by William Kennedy, the Board voted 5-0, to allow modification of special permits issued October 5, 1971 and May 11, 1994 Submittal by: (Dianne Cornaro,Ad,ninistratrvc Clerk BOA Meeting October 9 2014 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 9 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 Ralph D Clifford Administrative Staff. Dianne Cornaro, Clerk and David George, Zoning Administrator Other Business 1 Election of Officiers Jeanne K. Krieger nominated Martha C Woods to continue as Chairman for the up- coming year On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted Martha C Wood as Chairman David D Williams nominated the following additional slate as officers Vice-Chairman - Jeanne K. Krieger, Clerk - Leo P McSweeney and Administrative Clerk—Staff Member Dianne L. Cornaro On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger the above slate of officers were elected for the up-coming year 2. On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 4-0 to accept the minutes of September 11 and September 25, 2014 Submittal by: (Dianne Cornaro,Ad,ninistratrvc Clerk