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HomeMy WebLinkAbout2015-05-28-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 28 2015 Board Members Present. Chairwoman Martha C Wood, Jeanne Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Also present at the hearing was Associate Member William Kennedy Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 201 Lincoln, Map 42, Lot 231 The petitioner submitted the following information with the applications nature and justification of request, topographic plan and plot plan 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 Engineering 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) section 135-5 1 10 4, 135-5 1 14 and 135- 9 4 to allow driveway with a slope greater than 12% The Chairwoman opened the hearing at 7 38 pm by reading the legal notices and described information received from the petitioner Architect Brian Liu presented the petition for the owner of the property, George Lang Mr Liu explained they were not aware of the 12% slope building code The chairwoman confirmed the maximum grade of the driveway at this point is 24%? Yes, it was originally 20% and they increased one side to 24% The configuration of the driveway shape was pre-existing Another Board member asked the Zoning Administrator if other steep driveways along this stretch of Lincoln St were in compliance Mr George explained on that side of Lincoln Street there are a lot of steep driveways, in these instances the contractor did not change the originally driveway which were put in well before the Zoning was established or were able to make the driveways confirm to the 12% A Board member asked how the run-off was going to be managed to stay on the property (With gutters and a drain system ) The Board member would like to see a condition that the applicant hires an engineer to design a system that would be able to manage the run-off off the driveway and keep it on site Another Board members was concerned with the driveway run off that turns to ice in the winter The applicant didn't notice any ice this past winter BOA Meeting May 28 2015 2 Another Board member was also concerned with the run off and would like to see an Engineer look at this The Chairwoman asked the applicant how he would feel in continuing the hearing and getting an Engineer to take a look at the water run-off There was a discussion as to whether the applicant should continue the hearing to come up with a solution for the water run-off One of the Board members was confused as to why this coming up now since the driveway has been there since the fall and the homeowners are already living there Mr George explained the grade of the driveway issue was found when the Building Department received the as built plot plan as is required for a Certificate of Occupancy The Building Commissioner has issued a temporary Certificate of Occupancy pending the outcome of this hearing One of the Board members commented the slope of the driveway does not create more runoff, but determines the velocity of how fast it runs off One of the Board members would be comfortable granting this with a condition and felt it was not a necessity to continue Chairwoman suggested the Board put a time limit on when the applicant would present the Engineering plan The Zoning Administrator commented that it could be tied into the issuance of the Final Certificate of Occupancy There was a discussion of how much time would be needed to plan and implement this plan The applicant and his architect thought sixty days would be enough time 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 02 pm On a motion by Leo P McSweeney and seconded by Edward D McCarthy, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5 1 10 4, 135-5 1 14 and 135-9 4 to allow driveway with a slope greater than 12% with the following conditions 1 The maximum slope shall be no more than 24% 2 There shall be an Engineering Design approved by the Building Department to retain any runoff on the property The system shall be designed and implemented within 60 days from the date this decision is filed with the Lexington Town Clerk. Such plan shall be designed by a Professional Engineer licensed in the Commonwealth of Massachusetts Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting May 28 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 28 2015 Board Members Present. Chairwoman Martha C Wood, Jeanne Krieger, Leo P McSweeney, David G Williams and Associate Member William Kennedy Edward McCarthy recused himself from this hearing Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 18 Belfry Terrace, Map 49, Lot 158 The petitioner submitted the following information with the application Nature and justification, plot plan, elevations, floor plans, photographs and a picture of the proposed shed 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, Health Director, the HDC Clerk and the Zoning Administrator The petitioner is requesting 2 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 and 135-9 4 to allow modification of 2 nonconforming structures (a garage and a shed) The Chairwoman opened the hearing at 8 05 pm by reading the legal notices and described information received from the petitioner Henry Liu owner of the property, presented the petition with his Architect, Joe Artly Mr Liu seeks to remove the existing garage, construct a new larger one-car garage with mudroom addition and construct a new expanded 8 ft. by 12 ft. shed to replace a nonconforming 6 ft. x 9 ft. shed that was removed in December 2014 At the hearing Mr Liu presented a new plot plan and first floor plan to the Board and had spoken with his direct abutters and they had no issues with his plans The Chairwoman asked Mr Liu to clarify on the plans the dimensions of the shed and where the shed would be Mr Lui marked up the plot plan we received at the hearing Mr Lui said he will be coming back before the Board regarding the driveway BOA Meeting May 28 2015 4 A Board member asked with such a large garage why is a shed needed His wife is an avid gardener and it is for her One of the Board members does not like the location of the shed There were no questions from the audience Dean Rutila of 6 Belfry Terrace spoke on behalf of the Hancock Church Mr Rutila had spoken with Mr Lui regarding three concerns the church had and the Church wanted to offer their support to the proposal There was a short discussion on the location of the shed The Chairwoman closed this hearing at 8 28 pm Decision 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) section 135-8 4 2 and 135-9 4 to allow modification of 2 nonconforming structures (a garage and a shed) with the condition that the ZBA approval is pending proper approval by the Historic District Commission Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting May 28 2015 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 28 2015 Board Members Present. Chairman Martha C Wood, Jeanne Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Also present at the hearing was Associate Member William Kennedy Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 8 Balfour, Map 58, Lot 211 The petitioner submitted the following information with the application Nature and justification, plot plan, site plan, elevations, floor plans and a copy of a ZBA decision dated November 15, 1955 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) section 135-8 4 2 and 135-9 4 to allow modification (expansion) of a nonconforming structure The Chairwoman opened the hearing at 8 29 pm by reading the legal notices and described information received from the petitioner Richard Friedson, owner of the property, presented the petition The applicant seeks to construct a 1 bedroom, 1 bathroom, 1 great room and a 2 car addition onto the existing structure and make certain internal modification to the existing structure Mr Friedson has spoken with his abutters and they have no issues with the project. The applicant stated he did not know he needed to address the driveway slope since they were adding to it. It remains 5 ft. from lot line but the slope is at 14% He has no problem in bringing the grade down to 12% A Board member asked if the tree behind the shed will need to come down (Yes it will be coming down They have several large trees in the yard that will be staying ) Another abutter commented that this tree doesn't give any screening for abutter's privacy The trunk of the tree is higher than the house BOA Meeting May 28 2015 There was a question from a member of the Board regarding the fencing (Mr Friedson is planning on putting up a fence ) Leonard Heinrich of 12 Balfour Street questioned if there was going to be a basement under the addition (There will be no basement, the garage will be lowered slab on grade The family room will be on footings with a crawl space ) He feels Mr Friedson is doing a great job and appreciates that he has taken into consideration their concerns There were no further comments from the audience There has been a lot of knock downs in the neighborhood, he is trying to keep the scale of the house appropriate to the neighborhood The Chairwoman closed the hearing at 8 45 pm Decision On a motion by Jeanne K. Krieger and seconded by Edward D McCarthy, the Board voted 4-0, with David G Williams abstaining, to SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 and 135- 9 4 to allow modification (expansion) of a nonconforming structure Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting May 28 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 28 2015 Board Members Present. Chairman Martha C Wood, Jeanne Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Also present at the hearing was Associate Member William Kennedy Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 177 Bedford Street, Map 64 Lot 75A The petitioner submitted the following information with the application Nature and justification, elevations, a letter of authorization, photo simulations, panel antenna specs, equipment shelter specs, generator specs, RF affidavit, map of coverage, FCC License, noise impact assessment and estimate of removal costs 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, the Design Advisory Committee, the Communication Advisory Committee and the Zoning Administrator Comments were received from the Design Advisory Committee, the Communication Advisory Committee, the Building Commissioner, the Historical Commission Clerk and the Zoning Administrator The applicant is requesting 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Control to allow 1) a left side yard setback of 15 ft instead of the required 30 ft. and 2) a right side yard setback of 17 ft. instead of the required 30 ft., and 135-9 4 relief to the side yard setback requirements and a SPECIAL PERMIT from section 135-6 4 5 3 and 135-9 4 to allow installation of a camouflaged wireless communications facility The Chairwoman opened the hearing at 8 45 pm by reading the legal notices and described information received from the petitioner Attorney Daniell D Klasnick presented the peition on behalf of Verion Wireless The applicant seeks to install 3 new antennas and accessory cabling on the outside of the existing 100 ft. tall canister pole at a centerline of 65 ft. above ground level and expand the existing equipment shelter The proposed expanded equipment shelter would be located within a larger 35 ft-4 x 34 ft. shelter The shelter would be enclosed with a 6 ft.-4inch stockade fence with a 15 ft.-5 inch access gate They have met with the Design Advisory Committee and received a favorable approval of the proposed project. BOA Meeting May 28 2015 8 A Board member asked what is the coverage of a new site like this (It varies by the terrain and height of the antennas, currently there is a gap between the First Parish Church and Hartwell Avenue they are trying to cover ) The Board member also asked if the generator is noisey and does it need to be tested (They have done a site noise study and have installed equipment within the shelter and installed hoods over to keep the noise below the abvient level ) A Board member had a question to the Zoning Administrator It is her understanding that these antennas are going to be put in at the height of the existing pole and that there is a poposal to extend pole by others, would that need to come back before us (It is possible, we would need to review the proposed height requirements with the Zoning Bylaw We have not received any plans to extend the pole ) A Board member asked how often the testing of the generator is done (It is done on a weekly basis for a half hour during the day ) There were not questions from the audience No one spoke in favor or in opposition to the petition The Chairwoman closed the hearing at 9 04 pm Decision On a motion by Leo P McSweeney and seconded by Jeanne K Krieger, the Board voted 5-0 to approve 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Control to allow 1) a left side yard setback of 15 ft instead of the required 30 ft. and 2) a right side yard setback of 17 ft. instead of the required 30 ft., and 135-9 4 relief to the side yard setback requirements and a SPECIAL PERMIT from section 135-6 4 5 3 and 135-9 4 to allow installation of a camouflaged wireless communications facility Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting May 28 2015 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 28 2015 Board Members Present. Chairman Martha C Wood, Jeanne Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Also present at the hearing was Associate Member William Kennedy Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 987 Lexington Ridge Drive, Map 5, Lot 4B The petitioner submitted the following information with the application Nature and justification, elevations, a letter of authorization, photo simulations, panel antenna specs, equipment shelter specs, generator specs, RF affidavit, map of coverage, FCC License, noise impact assessment and estimate of removal costs 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, the Design Advisory Committee, the Communication Advisory Committee 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) section 135-5 2 10 and 135-9 4 to allow modifications to existing signage The Chairwoman opened the hearing at 9 05 pm by reading the legal notices and described information received from the petitioner Andy Puopolo of East Coast Sign presented the petition for Avalon Bay Communities The applicant seek to remove two existing non-internally illuminated 12 59 sq ft. signs located at either side to the property's entrance and install two new non-internally illuminated 10 7 sq ft. signs in the same location There were no questions from the Board There were no questions or comments from the audience Virginia Dickenson of Maine Line Graphics spoke on behalf of the company that is putting in the sign The Chairwoman closed the hearing at 9 13 pm BOA Meeting May 28 2015 10 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 the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5 2 10 and 135-9 4 to allow modifications to existing signage Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting May 28 2015 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 28 2015 Board Members Present. Chairman Martha C Wood, Jeanne Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Also present at the hearing was Associate Member William Kennedy Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business 5 Forbes Road The Applicant requested a determination from the Board of Appeals that certain REVISIONS to a previously approved SPECIAL PERMIT originally approved by the Board on March 9, 1978, may be considered MINOR in nature and that no new public hearing, before the ZBA, is required to allow the revisions The applicant seeks to 1 Make further minor modification to the preciously approved daycare plan expansion to accommodate approximately 120 children, 2 Develop a new outdoor fenced play area adjacent to the building and outdoor play area, and, 3 Further reduce the number of parking spaces by 2, for a net reduction of 24 parking spaces instead of the previously allowed reduction of 22 parking spaces The site would continue to comply with the Bylaws parking requirement. On a motion by Jeanne K. Krieger and seconded by Edward D McCarthy, the Board voted 5-0 to DETERMINE that certain CHANGES to the SP for 1-5 Forbes Road are MINOR in nature and that no new public hearing is required Such determination was made in accordance with §135-9 4 of the Zoning Bylaw and the Board's Rules and Regulations The approval was made subject to the following conditions 1 All previously listed findings and or conditions of the March 9, 1978 Board decision remain in effect, except as specifically modified by this Decision, 2 The outdoor play area shall be constructed in substantial conformance with the plan entitled, "Site Improvement Plan, Sheet Cl 0," prepared by Studio MLA and Highpoint Engineering, dated 4/30/15 and "M I T - Lincoln Labs Playground Plan, Sheet L1 1," prepared by Studio MLA, dated 4/30/15, BOA Meeting May 28 2015 12 3 The Town, through its Board of Appeals, shall be notified in writing before the playground area is removed and converted back to the paved parking area as shown on the plan entitled, "Site Plan, 1-5 Forbes Road, Lexington MA, sheet L1" prepared by Symmes, Maini, and McKee, Inc , dated 1/30/78, and 4 Additional future changes to the site may require separate approvals by the Board Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk