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HomeMy WebLinkAbout2015-08-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 27, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells. Administrative Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Address: 12 Crescent Hill Avenue, Map 20, Lot 5 and 0 Madison Avenue, Map 20, Lot 2 These hearings were postponed from July 23, 2015. The applicant requested and it was agreed that the Board would hear both applications together. The petitioner submitted the following information with the applications: nature and justification of request; topographic plans; plot plans; letter from Attorney Edmund Grant dated August 18, 2015 regarding meeting with abutters on July 30, 2015; Letter from Attorney Grant dated July 23, 2015; Letter from Matt Hakala, past Zoning Enforcement Officer dated March 11, 2005. 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, Planning Director, Historical Commission Clerk and the Zoning Administrator. The petitioner is requesting 2 variances in accordance with section 135-4.4, Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to allow a lot size of 7,500 sq. ft. instead of the required 15, 500 sq.ft. and a frontage of 50 ft. instead of the required 125 ft. frontage at 12 Crescent Hill Avenue; and The petitioner is requesting a variance in accordance 135-4.4, Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to allow a frontage of 120 ft. instead of the required 125 ft. at 0 Madison Avenue. The Chairwoman opened the hearing at 7:34 pm by reading the legal notices and described information received from the petitioner. Attorney Edmund Grant presented the applications with the owners of the property, John and Maureen Levangie, and Mike Novac from Meridian Engineering. The applicant proposes to formally divide or reconfirm the historical lot lines to create a new buildable lot on the vacant lot, 0 Madison Avenue. Because the lots are held in common ownership, or merged, the lots can only be considered buildable through the formal creation of two new buildable lots-with each lot complying with the current by-law minimum area and frontage requirements. The lots have been held in common ownership since at least 1940. BOA Meeting August 27, 2015 2 The applicant had received a letter from the then Zoning Officer, Matt Hakala, in 2005 determining the lot at 0 Madison was a grandfathered buildable lot but because of economic reasons the applicant did not proceed with building a dwelling on the lot. Maureen Levangie spoke on her desire to have Matt Makala’s determination up-held. A Board member asked what the plans are for the house at 12 Crescent Hill Road. (They will be selling that house as is.) Another Board member asked if it was their intention to have Madison Avenue become an accepted Street? (Yes) She also asked where the Street would be in relation to the big rock. A discussion followed regarding street improvements that would need to be done. Attorney Grant and Mike Novac have met with the Planning Department and had preliminary talks on road improvements. The Chairwoman asked Tim Dunn, the Planning Board Vice-Chair if he would like to make a comment on possible waivers. He said he was not comfortable making any comments until the Planning Board had the opportunity to review the proposal. He explained the process of review. A Board member was not sure this request has any merit. Barry Jacobson of 25 Haskell Street questioned the access to paper streets. Attorney Cindy Sherman representing 33 Haskell Street spoke in opposition to the petition explaining how close her client’s home was to the paper street. Attorney Sherman presented the Board with photographs of her client’s lot and spoke of the impact the new dwelling would have to the neighborhood. Igor Tkachov of 33 Haskell Street spoke of his concern and opposition with the development of the road and his concern the earth movement damaging his home. He submitted letters of opposition to the Board from abutters that were not available to attend the hearing. Walter Reczek of 29 Haskell Street was concerned with water run-off into his property down the hill. John Hill of 8 Crescent Hill Road and Barry Jacobson of 25 Haskell Street were told the lot was unbuildable when they bought their properties. Mike Malone of 36 Evergreen Street, on the Arlington side of the street, was concerned with the flood water plans being changed with the ground movement interrupting the water flow. Firdosh Pathan of 8 Evergreen Lane has a concern with the construction destroying the beautiful wooded area. Attorney Grant concluded with reviewing the reasons why the variances should be granted. BOA Meeting August 27, 2015 3 The Chairwoman closed the hearings at 8:42. A Board member commented that to his knowledge the Board has never had a petition like this before them; Haskell Street is a private way, Madison Avenue is a paper street. Another Board member commented that he would support this petition. On a motion by F. David Wells and seconded by Leo P. McSweeney, the Board voted 2-3 (with Jeanne K. Krieger, David D. Williams and Edward McCarthy in opposition) to approve a variance in accordance 135-4.4, Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to allow a frontage of 120 ft. instead of the required 125 ft. at 0 This petition was denied. Madison Avenue. A Board member asked why a motion was needed if the above variances were denied. The Zoning Administrator replied that a vote must be made for final action for the petition before. On a motion by F. David Wells and seconded by Leo P. McSweeney, the Board voted 3 in favor and 2 abstaining from voting to approve 2 variances in accordance with section 135-4.4, Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to allow a lot size of 7,500 sq. ft. instead of the required 15, 500 sq.ft. and a frontage of The petition 50 ft. instead of the required 125 ft. frontage at 12 Crescent Hill Avenue was denied. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals BOA Meeting August 27, 2015 4 Selectmen’s Meeting Room August 27, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells. Administrative Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Address: 2 Gould Road, Map 89, Lot 11 Petitioner submitted the following with the application for hearing: Nature and justification, photographs, 5 letters of complaints regarding the Bed and Breakfast, numerous pictures of said property; e-mail dated June 26, 2015 from David George with an attached letter to Mr. and Mrs. Salvato of 3 Gould Road dated May 15, 2015. Prior to the hearing, the petition and supporting data were reviewed by the Zoning Administrator, Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Planning Director and Board of Selectmen. Comments were received from the Selectmen’s office and the Zoning Administrator. The petitioner is appealing a decision of the Zoning Administrator in accordance with the Zoning By-Law section 135-9.2.2.3 to grant a Use for a Bread and Breakfast home as an accessory use to the residential property at 2 Gould Road. The Chairwoman opened the hearing at 8:46 pm by reading the legal notices and described information received from the petitioner. Attorney Wendy Manz presented the applicant’s appeal to the Zoning Administrator’s decision. The Applicant, Alfred G. Salvato of 3 Gould is a neighbor of the Bed and Breakfast business. Attorney Manz explained the frustration of the neighbors and the concern they have regarding the operation of the Bed and Breakfast with the number guests staying there and the number of cars parking on the lot.Attorney Manz stated the use of the house vastly exceeds what was intended of the Bed and Breakfast statute. This claim is based on online listings and comments associated with the Air B & B website and testimony by the neighbors which she presented to the Board. She also spoke of health violations concerning the Bed and Breakfast. Attorney Robert M. Gilligan, representing the owners of the Bed and Breakfast, spoke on behalf of Mr. and Mrs. Florendo stating his clients are within compliance of the Bed and Breakfast rules and regulations. Attorney Gilligan presented numerous letters of support for the Bed and Breakfast. Attorney Gilligan explained besides the Bed and Breakfast, Mr. and Mrs. Florendo have many gathering for their Pilipino ministries, GK World and Couples for Christ at their home which attract a large number of people. BOA Meeting August 27, 2015 5 Attorney Gilligan presented the Board a statement and comments of support for the ministries of Mr. and Mrs. Florendo. A Board member asked if people coming for the ministry meetings there at the same time people are staying for the Bed and Breakfast. (Yes) The Board member had concerns with the run down condition of the yard and the number of people staying in a room with people that did not know each other. Eugene Florendo, owner of the Bed and Breakfast, answered that they have 2 people per room. They have people that come to their Bed and Breakfast that are attending College in the area and they have asked if they would share a room ahead of time. He has many important visitors from the Philippines. Maximum number at the Bed and Breakfast at any time is 7 people. The Chairwoman asked Mr. Florendo if he had situations where more than 10 people stayed at his house. (No) There was a discussion of conditions that could be incorporated into the decision. (No guests of B & B when ministry meetings are held, some level of inspections, organizing parking area.) Another Board member asked how would the monitoring for the conditions discussed be done. A Board member asked how often the prayer meetings are held. (Every 2 weeks) The Board member was looking at pictures of cars parked that were dated a lot closer than 2 weeks apart. The applicant replied that the month of May they had many guests for family graduation celebrations. There were no questions from the audience. Clarence Labonte of 197 Grove Street commented on the number of cars parked in the area. Gregory J. Ludlow of 5 Gould Road was concerned with the operation of the Bed and Breakfast with little interest in the neighborhood and their abutters concerns. John Bask of 189 Grove Street said the frequency of the meetings and religious gatherings are much more than 2 times a month. He has noticed up to 8 to 12 cars parked just about every morning. He is concerned with the safety of his children with the number of strangers walking the neighborhood that they do not know. Also concerned with garbage that are just dropped; coffee cups, beer cans, etc. Donna Crawford of 4 Riverhurst Road Billerica, a guest of the Bed and Breakfast, spoke in support of Mr. and Mrs. Florendo.The stay was a wonderful experience. A Board member asked how many times she has stayed there. (For 1 week) Rebecca Thompson of 8 Gould Road spoke of the smoking outside and cigarette butts all over the street, concerned with her son at the bus stop with so many parked cars and the cooking oil that has been poured down the storm drains. BOA Meeting August 27, 2015 6 Tim Jalbert of 9 Rines Street, Worcester, Chairman of the Ministry apologized for the parking and told the Board that they have 1 event a month and will meet more frequently the weeks before events. The ministry has drawn many more people than expected. A Board member commented that if they have that many people attending an event then maybe they should look into other venues and also asked about the oil being poured down the drain. Neighbors have observed oil being poured down the drain.The owner stated that no food is served at the Bed and Breakfast and does not know where this information comes from. A Board member said he had gone by the Bed and Breakfast and wanted to point out that people in Lexington take pride in their property and felt the yard was a mess and does not think the owners are being considerate of their neighbors. Please reconsider a lot of this activity it is not fair to impose this chaos to your neighbors. The Chairwoman reminded the Board and the audience what they had before them was the issuance of the certificate of occupancy for the Bed and Breakfast and whether they feel this with the other activities going on at the site make this is an intrusion to the neighborhood. She spoke of possible conditions that would allow the Bed and Breakfast to operate in a less intrusive way. The problem with the operation is with the other activities going on at same time. The Chairwoman closed the hearing at 9:56. A lengthy discussion followed recapping the issues of the Bed and Breakfast along with so many other family and ministry activities going on. The Board spoke of maybe extending the permit with conditions that would be implemented such as: 1) Limit the permit duration for 4 months to monitor the situation (December 31, 2015); 2) A log book would be maintained for the Bed and Breakfast to show paying guests; 3) A log book of Bed and Breakfast guests to be audited periodically; 4) A parking plan for large events parking that would have less of an impact of neighborhood; 5) No Air Bed and Breakfast rentals when there are other family or ministry guests in the house. Attorney Manz asked if she could have a few minutes to discuss the conditions with her clients. They spoke of conditions for the Bed and Breakfast overnight parking be monitored. They would like to see if there were parking violations the Certificate of Occupancy would be pulled immediately. The Zoning Administrator commented that he would not be comfortable with a condition such as the neighbors were asking. There was a discussion as to how this would be monitored and enforced. Attorney Gilligan spoke of trying to come up with a parking plan that would be acceptable to both parties. BOA Meeting August 27, 2015 7 Attorney Manz asked for a straw vote as to how the Board would vote if her clients would not accept these conditions. She requested a straw vote and then asked for a formal vote of the Board without any conditions. On a motion from Edward D. McCarthy and seconded by David D. Williams, the Board voted 5-0 to withdraw the certificate of occupancy and honor the appeal in accordance with section 135-9.2.2.3 of the Zoning By-Law to grant a Use for a Bed and Breakfast home as an accessory use to the residential property. The Certificate of Occupancy has been withdrawn. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 27, 2015 BOA Meeting August 27, 2015 8 Board Members Present: Chairwoman Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells. Administrative Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Address: 55 Coolidge Avenue, Map 64, Lot 122A Petitioner submitted the following with the application for hearing: Nature and justification, plot and site plans and sign plans. Prior to the hearing, the petition and supporting data were reviewed by the Zoning Administrator, Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Planning Director, Board of Selectmen and the Lexington Design Advisory Committee. Comments were received from the Conservation Administrator, the Planning Director, the Lexington Design Advisory Committee and the Zoning Administrator. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.10 & 135-9.4 to allow modification of an existing free standing sign. They are also asking for permission to use a sandwich board on a temporary basis now and then. The Chairwoman opened the hearing at 10:38 pm by reading the legal notices and described information received from the petitioner. Suzanne Abair and Rev. Lauren Lorincz, representing the Pilgrim Congregational Church, presented the petition. The applicant is requesting to remove the existing, non-internally illuminated 3 ft. x 3 ft. sign located at the front of the lot and install one new, non-illuminated 5 ft. x 3 ft. sign in the same location. Ms. Abair submitted 10 letters of support. A Board member had commented that sandwich boards are usually permitted but are required to be taken in each evening. Another Board member asked what was planned for the landscaping, the shrubs around the present sign are overgrown. They are planning on replacing what is there with new landscaping. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 10:46 pm. BOA Meeting August 27, 2015 9 On a motion by Leo P. McSweeney and seconded by F. David Wells the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.10 & 135-9.4 to allow modification of an existing free standing sign and to allow a sandwich board sign for special occasions on a temporary basis with the following condition: 1. One sandwich board sign shall be allowed on the church’s private property, with the sign brought in at night. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room BOA Meeting August 27, 2015 10 August 27, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells. Administrative Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Address: 40 Reed Street, Map 65, Lot 30 Petitioner submitted the following with the application for hearing: Nature and justification; plot plan; elevations; floor plans; letter of support from Meredith and John Applegate of 43 Reed Street and additional information from applicant answering questions brought forward by the Zoning Administrator regarding the application. Prior to the hearing, the petition and supporting data were reviewed by the Zoning Administrator, Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Planning Director and Board of Selectmen. Comments were received from the Building Commissioner, the Planning Director and the Zoning Administrator. The Chairwoman opened the hearing at 10:47 pm by reading the legal notices and described information received from the petitioner. VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4, Table 2, Schedule of Dimensional Controls to allow a right side setback of 6 ft. instead of the required 10 ft side yard setback. Bob and Carol Caravana, owners of the property, presented the petition. The applicants seek to construct a 23 ft. by 20 ft. two car garage, with living space above, addition onto the right side of the house. A Board member asked if they had spoken to the neighbor on the side of the garage addition. (Yes, they are in support of it.) A Board member asked to clarify the width of the driveway. (It will be the same at the street and will be wider by the garage.) There were no questions from the audience. Meredith Applegate of 42 Reed Street spoke in favor of the petition. No one spoke in opposition. The Chairwoman closed the hearing at 10:54 pm. BOA Meeting August 27, 2015 11 On a motion by Leo P. McSweeney and seconded by F. David Wells the Board voted 5-0 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4, Table 2, Schedule of Dimensional Controls to allow a right side setback of 6 ft. instead of the required 10 ft side yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 27, 2015 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 27, 2015 Board Members Present: Chairwoman Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells. Administrative Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator There was no other business.