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HomeMy WebLinkAbout2015-05-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 14, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 4 Upland Road, Map 56, Lot 151 The petitioner submitted the following information with the application: Nature and justification; site plan; elevations; floor plans and a copy of the existing conditions. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The Applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification (reconstruction and expansion) of a non-conforming structure The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. William McKinley, owner of the property, presented the petition with his Architect, Steve Hurley. The applicant seeks to: 1) Demolish the existing deck; 2) Demolish the existing garage; 3) Construct a new 2-car 30 ft. by 30 ft. garage with a living space below the garage and; 4) Construct a new approximately 24 ft. by 31 ft. pergola/deck with living space below the pergola/deck. A Board member asked if you would be able to get from the underground rooms to the deck. (No) A Board member asked if the applicant had received permission from the HC to demolish the garage and questioned how the water run-off would be handled. The Chairwoman reminded the applicant that under the Lexington By-Laws any water run-off must stay within the property lines. There were no questions from the audience. No one spoke in favor or in opposition to the application. BOA Meeting May 14, 2015 2 The Chairwoman closed the hearing at 7:47 pm. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification (reconstruction and expansion) of a non-conforming structure Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 14, 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 14, 2015 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 7 Lexington Avenue, Map 22, Lot 248 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; elevations and letters of support from Robert Catalano and Emily Ferman of 5 Lexington Avenue and Richard and Katheryn Fields of 9 Lexington Avenue. 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow an expansion of a nonconforming structure. The Chairwoman opened the hearing at 7:48 pm by reading the legal notices and described information received from the petitioner. Seth Webster, owner of the property presented the petition. He is seeking to: 1) remove a portion of the existing front of the structure and front porch; 2) Construct a 2.86 ft. by 6.03 ft. front foyer and mud room addition with expanded bathroom above; and 3) Construct a new roofed front porch with stairs. A Board member asked Mr. Webster to clarify the setback relief he is requesting. He referred to the revised plot plan dated May 18, 2015 showing the front setback at 18.9’. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 7:56 pm. BOA Meeting May 14, 2015 4 On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 0-5 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow an expansion of a nonconforming structure according to the revised plot plan dated May 18, 2015 showing the front setback at 18.9’. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 14, 2015 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 14, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 15 Williams Road, Map 78, Lot 151 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations and photographs. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow expansion (deck) of a non-conforming structure The Chairwoman opened the hearing at 7:58 pm by reading the legal notices and described information received from the petitioner. Landscape Architect, Sallie Hill, presented the petition for the owners of the property, Yec and Pei Chen. The applicant seeks to construct a 15 ft. by 15 ft. deck on the left side of the house. The proposed deck will be located, at its nearest point, 17.4 ft. from the front yard lot line. The Chairwoman asked if the applicant had started the other work they had come before the Board for about a year ago. (Yes, they have started.) A Board member questioned if the existing sheds are staying. (Yes.) Another Board member asked about a second floor on the structure. There were no questions from the audience. An abutter from 60 Williams Road only concern was people in the neighborhood who have bought in the past, expanded on small lots and then found the children didn’t have any place to play so they move. BOA Meeting May 14, 2015 6 The Chairwoman closed the hearing at 8:08 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow expansion (deck) of a non-conforming structure Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 14, 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 14, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 41 Bartlett Avenue, Map 29, Lot 47 The petitioner submitted the following information with the application: Nature and justification; topographic plan, plot plan, floor plans; elevations; photographs, supplemental information and responses to staff comments. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator and the Zoning Administrator. The applicant is requesting 2 SPECIAL PERMITS in accordance with the Zoning By- Law 135-4.3.4, 135-5.1.14 and 135-9.4 to allow 1) a fence to exceed the maximum in feet than otherwise allowed by right and 2) a driveway to be located closer to a lot line than otherwise allowed by right. The Chairwoman opened the hearing at 8:09 pm by reading the legal notices and described information received from the petitioner. Jeff Davis, owner of the property, presented the petition with his contractor, Mark Lodi. The Applicant is seeking to 1) Construct an approximately 10 ft. wall/fence on or near the right-side property line. The Wall/fence has already been constructed. The zoning relief is being sought retroactively; and 2) Install a driveway to within approximately 2 ft of the right side lot line. The driveway currently complies with the Bylaw. The Chairwoman asked if anyone was living in the house next door; (yes) and who put in the retainer wall. (The applicant did.) The applicant exlplained they were not aware of the fence regulations on the retainer wall. A Board member asked why a 6 ft fence and not shorter. (It was just the design they picked out.) The Board member felt it was intrusive to their abutter. Another Board member and the Chairwoman also felt a six-foot vynal fence was intrusive. BOA Meeting May 14, 2015 8 Another Board member asked if the retaining wall was on the lot line. (Yes it is and it is 2 ft. wide.) There were not questions from the audience. Sha Hsing Min of 35 Bartlett Avenue explained how different the plans were described to them and has a concern what impact the retaining wall and fence will have to the trees on their property. They would like an alternate solution than the fence. A Board member asked if they had gone before the Conservation Commission since the lot has a high water table. (No they did not, no test borings had been done.) The Board member mentioned the neighbor had spoken of your plans for bushes, when did the fence come into play. Had they told neighbors they had decided on a fence instead of the bushes. (No.) The Chairwoman closed the hearing at 8:46 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 0-5 to grant a special permit in accordance with the Zoning By-Law 135-4.3.4, 135-5.1.14 and 135-9.4 to allow a fence to exceed the maximum in feet than otherwise allowed by right; On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 0-4 with one abstention to grant a special permit a driveway to be located closer to a lot line than otherwise allowed by right. Edward McCarthy abstained from voting. Both requests for a Special permit were denied. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 14, 2015 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 14, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 373 and 389-409 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and justification; the site plan, a copy of ZBA Decisions dated January 21, 1988 and June 25, 1992, and a parking plan. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator, the Economic Development Administrator and the Zoning Administrator. The petitioner is requesting Modification of a Special Permit in accordance with section 135-9.2.2 & 9.4.3, 135-5.0 thru 5.14 to allow 1.) Modification of the January 21, 1988 Variance to allow certain revisions to the previously approved parking plan; 2.) Modification of the June 25, 1992 Special permit to allow changes to the service operating hours; and 3.) A SPECIAL PERMIT to allow temporary uses (vehicle parking) not otherwise permitted in the zoning district. Such zoning relief is requested in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2, 135-9.4.3, 135-9.4, and 135-3.0, Table 1: Permitted Uses and Development Standards, Line D.1.04. The Chairwoman opened the hearing at 8:50 pm by reading the legal notices and described information received from the petitioner. Attorney John Farrington presented the application with the owner of the property, George Gray of EastLex, LLC and Landscape Architect Gary Larson. Attorney Farrington explained the 3 items they are seeking: 1) Modify the Scheme D parking plan originally approved as a condition of the January 21, 1988 variance; 2) Modify the service operation hours of the Lexington Toyota service department originally approved as a condition of the June 25, 1992 special permit; and 3) Requesting a special permit to allow use of the paved lot 21/10, 443B Massachusetts Avenue for temporary equipment/car/truck storage on the left side of the Lexington Toyota Dealership. BOA Meeting May 14, 2015 10 Gary Larson presented to the Board a blown-up handout of the plans they submitted with the application as Attorney Farrington described the 3 requests. Mr. Larson then explained the details of the 1988 plans and the proposed new plans for the parking. The chairperson asked for clarification of boxes shown on the plans. Mr. Larson explained they are dumpsters. Attorney Farrington explained the requested modification of the service department service hours. The Chairwoman asked for the status of the landscaping condition from the Zoning Board of Appeals decision from last November which has not been completed. Mr. Larson explained there had been some confusion as to what was to be included in the planting and what was not. It has been rectified and they now have a contract in place with a landscaper but due to the bad winter the landscaper is about a month behind on finishing. They should be done by end of June or mid-July. The Chairwoman asked if the town has a copy of the MBTA lease contract on file. The Zoning Administrator, David George, told the chairwoman we have a copy on file from previous filings. The Chairman requested that they discuss each of the three requests separately. 1) Regarding the parking plan: A Board member stated it was not clear to her when people come for service what parking spaces they use. Mr. Larson explained the majority of the parking spaces when you come into the parking lot to the left of the building are for customers. The Board member also had a comment regarding the chain link fence along the bike park needs to be fixed and cleaned up. George Gray, owner of the property, said the fence was put up to help the sound; he wasn’t aware it was in bad shape. They will take a look at the fence from the bike path side and repair whatever needs to be done. A Board member commented that there is a residential neighborhood on the other side of the bike path that is also affected by the parking. (Correct) He also questioned the Zoning of the area. The MBTA area is in a residential zone, does the law allow you to bypass the zoning and have a commercial zone without Town Meeting approval. Attorney Harrington said they have gone through this with the town’s legal counsel; the state is allowed to bypass zoning and have commercial zoning in a residential zone. The Planning Board has been going through Lexington and rezoning areas. Attorney Farrington expects that this particular piece of property will be rezoned commercial. BOA Meeting May 14, 2015 11 A Board member was concerned with parking cars 3 deep and then shuffling them around when needed, doesn’t think it will work. Most of the cars 3 deep are inventory cars that do not get moved very often until they are sold. Another Board asked when is it that you will be rearranging cars and why. Relative to the hours of operation how long does the movement of cars take. Hours of sales room 8:00 am until 7:00 pm. Will cars move after 7:00? It is rare but can happen. A Board member asked if it was their Intent to reline all the spaces. Yes the whole place will be seal coated and relined. Bryan Levey of 440 Massachusetts Avenue was concerned with employees parking on Massachusetts Avenue. Attorney Tom Fenn representing Barbara Elia 443A Massachusetts Avenue requests a condition be added that cars are never to block or impede the deeded right of way to pass and repass to 443 A (& B) Massachusetts Avenue. Attorney Farrington said they do not need to add 43B Massachusetts Avenue to the condition since it is owned by Lexington Toyota. They have no problem adding that condition. John Bartenstein of 46 Sanderson Road asked if Mr. Gray could give an explanation as to why employees park on Massachusetts Avenue. Every employee is told to park in the lot. Right now they have 30 cars in the lot that are usually stored in Winchester. Over the last couple weeks they have been filming movie in Winchester and needed the cars out of where they are filming. Once they can move the cars back to Winchester the employees should all be able to park in the lot again. 2) The Change in service hours: A Board member was concerned with changing the hours starting at 6:30. The intent is to accommodate customers with a service employee available to check cars in. They would not start repairing vehicles until 7:00. Another Board member also had concerns with car doors closing and cars coming and going so early in the morning. A Board member was puzzled with the hours, hours on the internet are different than what they state they are working.Also was concerned with the noise level. Mr. Gray said they did a noise test and cars travelling on Massachusetts Avenue make more noise than the dealership does. Mr. Gray spoke of the customers that need to come in earlier due to work schedules etc. The Board member said he cannot support the change in hours. BOA Meeting May 14, 2015 12 Andrew Gubisch of 430 Massachusetts Avenue read an e-mail from Garrett Burke of 46 Brandon who is concerned with the disruptive noises. Fuhu Kow of 36 Brandon Street Fuhu Kow concern operating hours, never heard of different early customer service hours. Discussion followed regarding operating hours for during the week and on the weekends. Attorney Tom Fenn representing Barbara Elia 443A Massachusetts Avenue are concerned with creeping hours that occur. (i.e.: opening at 7, but starting work at 6:53 pm) Barbara Elia said that she leaves at 7 and the bay is open before 7 most of the time. She does not have a problem with them starting at 7:00 am until 6:30 and Saturday 8:00 am to 5:00 pm. Attorney Farrington asked Mr. Gray if he would be agreeable to Monday through Friday 7:00 am to 6:30 pm and 8 to 5 on Saturday with better monitoring of the opening of the bay doors. Mr. Gray agreed with the 7 to 6:30 Monday through Friday, he would like to have 7:30 to 5:00 on Saturday. Rachel Reed 418 Massachusetts Avenue said Donna Bosco was not able to attend but would have liked to. Ms. Reed has a concern with the creeping of the hours, Mr. Gray has responded very well with concerns they have had in the past. Likes the idea of conditional approval. 3) Special Permit for parking for temporary equipment/car/truck storage for a period of 2 years with a possible 1 year extension. A Board member asked what happens after the third year. (They would need to re- apply.) He also asked what the future plans for the unoccupied house on the property would be. Mr. Gray would like to have the house removed. It is on the HC list of homes of historic value but he has not gone before the Historical Commission yet. When was house built? 1700’s. Another Board member commented that Conservation Administrator raised a concern of the storage of parking vehicles in a residential area without storm water run-off management features. Any intention of addressing the water run-off issue. (They do not have plans to do anything at this point.) What type of cars and trucks will be stored there? (Sold new vehicles.) A Board member voiced his concern that the property was paved to begin with since the Historic District stops right next to it and it is zoned residential. (Pavement was done in 1999 when he took over the dealership and didn’t know that he needed permit to pave it.) BOA Meeting May 14, 2015 13 Sean Gray, works for Lexington Toyota, the dump truck was not from the dealership but was from a town contractor working on a project sealing the drains. The dealership does not own a dump truck. Attorney Tom Fenn representing Barbara Elia 443A Massachusetts Avenue gave the Board a handout with aerial pictures of the facility. He spoke of the zoning of the area. He spoke of the care of the property Ms. Elia has taken. Problem with the special permit is the creeping in. She bought in residential zone and is worried now of the commercial zoning taking over. A Board member asked if Attorney Fenn’s client go to the HDC to do the work that she did on her home. (Yes she did.) After further discussion Attorney Farrington asked the Chairwoman for an informal straw vote as to how the Board is heading towards the Special Permit. Three members of the Board said they would vote no with two members would vote yes. Attorney Farrington requested to withdraw without prejudice the request for the special permit to allow use of the paved lot 21/10, 443B Massachusetts Avenue for temporary equipment/car/truck storage on the left side of the Lexington Toyota Dealership. Attorney Fenn confirmed that Lexington Toyota are not to park commercial vehicles in the residential lot. Attorney Farrington spoke to say that his client is agreeable to the service operating house of 7:00 am to 6:30 pm, Monday through Friday and Saturday 8:00 am to 5:00 pm. The Chairwoman closed the hearing at 10:52 pm. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0 to approve a modification to a VARIANCE (granted January 21, 1988), in accordance with Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) §135- 9.2.2.2., to allow modifications to the parking plan, subject to the following conditions: 1. Parking and related vehicle storage shall be laid out according to the following plan entitled, “Lexington Toyota Parking Layout Plan,” prepared by Gary Larson, RLA, ASLA, revised 5/13/15-- such plan to replace the previously approved Scheme D plan granted as part of the January 21, 1988 variance; and 2. The spaces marked as employee or customer spaces, as shown on the above listed plan, may be used for either employee or customer use, except that the number of spaces listed for all three parking categories (customer, employee, and inventory) shall represent maximum values which cannot be exceeded. BOA Meeting May 14, 2015 14 3. All previously listed findings and or conditions of the previously granted special permits and or variances granted for this property remain in full effect, except as specifically modified by this decision. 4. Additional future changes to the site may require separate approvals by the Board. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 4-1, with David Williams opposing, to allow modification of the service operation hours of the Lexington Toyota service department originally approved as a condition of the June 25, 1992 special permit with the following condition: 1. The Hours of operation shall be Monday through Friday 7:00 am until 6:30 pm and 8:00 am to 5:00 pm on Saturdays. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board voted 5-0 to allow the special permit to allow use of the paved lot 21/10, 443B Massachusetts Avenue for temporary equipment/car/truck storage on the left side of withdrawn without prejudice. the Lexington Toyota Dealership to be Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 14, 2015 15 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 14, 2015 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1) 24 Lincoln Street, Map 50, Lot 1A Attorney John Farrington representing Josiah Willard Recreational Centre came before the Board to request a determination that parking lot and related changes associated with a previously approved Special Permit to the Hayden Recreation center are minor in nature and do not require a formal hearing. Also attending the meeting was Landscape Architect Gary Larson and the Executive Director of the Hayden Center, Don Mahoney. The applicant proposes to make the following modifications to the Lincoln Street parking lot: a) Remove the existing nonconforming 103 spaces parking lot. b) Reconstruct the parking lot such that it will confirm to the Bylaw with respect to parking lot layout and design of 117 parking spaces. c) Update landscaping on site to comply with current Bylaw landscaping requirements. d) Remove existing noncompliant parking lot lights. e) Replace the parking lot lights with Bylaw compliant lighting. A Board member asked what part of the driveway used was used for. (Service and emergency access.) Another member asked what the height of the light poles will be. (18 ft., 20 ft. with lights.) It was also asked what type of trees would be planted. (Honey locust) On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board voted 5-0 that the described changes to be made to the parking lot are minor in nature and do not require a formal hearing. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the minutes of April 16, 2015. Submitted by: Dianne Cornaro, Administrative Clerk