HomeMy WebLinkAbout2015-10-08-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 8, 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 James A. Osten
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 6 Albermarle Avenue
The petitioner submitted the following information with the applications: nature and
justification of request; topographic plan; plot plan; elevations; floor plans; photographs
and 3 letters of support from abutters at 7 Albemarle Avenue, 5 Melrose Avenue and
12 Melrose 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 Planning Director and the Zoning Administrator.
The petitioner is requesting
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 16 ft. side yard instead of the 20 ft. required side yard setback and a SPECIAL
PERMIT from section 135-8.4.2 and 135-135-9.4 to allow modification of an nonconforming
structure
The Chairwoman opened the hearing at 7:35 pm by reading the legal notices and
described information received from the petitioner.
Architect Colin Smith presented the petition for the owners of the property, Cristina
and Malcolm Burwell.
The applicant seeks to demolish the existing front steps and construct a new porch
along the left side of the lot. The proposed structure would be located 12.1 ft. from the
front lot line and 16.0 ft. from the left-side lot line.
A Board member asked what the small addition adds to the house. It will be a 3 ft.
vestibule to add extra feet to the entry way.
There were no questions from the audience.
No one spoke in opposition to the petition.
Larissa Smelkov of 6 Melrose Avenue and Richard Spillane of 1 Winn Avenue spoke
in support.
BOA Meeting October 8, 2015 2
The Chairwoman closed the hearing at 7:46 pm.
On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the board
voted 5-0 to approve the
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
16 ft. side yard instead of the 20 ft. required side yard setback and a SPECIAL PERMIT from
section 135-8.4.2 and 135-135-9.4 to allow modification of an nonconforming structure
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 8, 2015 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 8, 2015
Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Leo P.
McSweeney, Edward D. McCarthy and David G. Williams
Also present at the hearing was Associate James A. Osten
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 14 Maple Street now known as 11 Byron Avenue
The petitioner submitted the following information with the application: Nature and
justification, plot plan and an Engineering reassignment form.
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, Historic District
Commission and the Zoning Administrator.
Special Permit
The petitioner is requesting a in accordance Section 135-3, Table 1;
Permitted Uses and Development Standards, Line D.1.04 of the Zoning Bylaw to allow
more than one dwelling per lot on a temporary basis.
The Chairwoman opened the hearing at 7:47 pm by reading the legal notices and
described information received from the petitioner.
Attorney John Farrington presented the petition on behalf of 11 Byron Avenue, LLC.
The applicant is seeking to maintain the existing dwelling on the lot while a new
dwelling is constructed. The existing dwelling would be used only on a temporary
basis.
Attorney Farrington explained they are in the process of a land court appeal with the
Historic District Commission decision
Current owners, 11 Byron Avenue, LLC (Michael Martignetti) has received approval
from the Historic District Commission to demolish the 1950’s ranch and construct a
new house. The findings and decision approval of the HDC to construct a new house
has been appealed to Superior Court by abutters. The appeal has delayed and will
continue to delay for maybe at least another year. During that time they would like to
rent the existing dwelling. To attract a good tenant they would like to be able to offer
a year lease.
BOA Meeting October 8, 2015 4
The Chairwoman asked what Attorney Farrington meant by “affordable units”. (They
would be in the $5,000-6,000 range. Inexpensive for the Lexington area.)
A Board member asked for clarification as to how long a house can be lived in during
construction. He is concerned as to what happens once the house is built.
Board members expressed concerns with how long the existing house would be
occupied and how would it be determined when it would be taken down. They
discussed the condition that no Certificate of Occupancy would be issued until the
original house was demolished.
A Board member asked what happens if the Superior Court action takes longer. (They
would need to come back before the Board.)
Another Board member asked if they had a landscape plan. (Yes)
Beverly Seavey of 1099 Massachusetts Avenue questioned how the house was
uninhabitable to get it through HDC but now they would like to rent it.
Wendy Russman-Halperin of 15 Lockwood Road was concerned that the address for
the lot was already changed to 11 Byron and now they are wanting to rent out the
existing house that is on Maple Street.
Lynne Weygint of 19 Byron commented that the existing house is totally rentable.
The Chairwoman closed this hearing at 8:22 pm.
On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board
Special Permit
voted 5-0 to grant a in accordance Section 135-3, Table 1; Permitted
Uses and Development Standards, Line D.1.04 of the Zoning Bylaw to allow more
than one dwelling per lot on a temporary basis with the following conditions:
1. Only one dwelling shall be occupied at any one time;
2. The certificate of occupancy shall not be issued until the existing dwelling
is removed;
3. The existing structure shall only be used as a dwelling until June 30,
2017.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 8, 2015 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 8, 2015
Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Leo P.
McSweeney, Edward D. McCarthy and David G. Williams
Also present at the hearing was Associate James A. Osten
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 200 Shire Way, Map 18, Lot 15F
The petitioner submitted the following information with the application: Cover Sheet;
Special Permit Amendment; Existing Conditions Plan; Site Preparation Plan; Layout
and Materials Plan; Reserve Parking Layout Plan; Grading and Utilities Plan; Planting
Plan; Site Details; Layout and Materials Plan (Approved 3/17/2010 Plan); All Plans
Dated “8/28/2015 – ZBA SUBMISSION”, except as noted above. All Plans Stamped
and signed by Civil Engineer John Hart PE #36738, except the Planting Plan Stamped
and Signed by Landscape Architect Peter Lukacic RLA #955; Report & Updated
Storm-water: “Special Permit Amendment – Engineering”; Lexington Technology Park
200 Shire Way 8/28/2015; Includes Updated Storm-water Section submitted 9-18-
2015; email from Attorney Regmier dated October 8, 2015 regarding parking spaces.
Also received was a letter of opposition dated October 7, 2015 from Jeanne Canale
representing 10 abutters.
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 Planning Director, The
Planning Board, Engineering and the Zoning Administrator.
The petitioner is requesting a special permit modification in accordance with CH 135 of
the Code of the Town of Lexington, Zoning Bylaw (Bylaw), § 135-7.3.5.6.d and § 135-
7.3.5.8 of the 2015 Bylaw or equivalent Bylaw sections of the 2009 Bylaw (§ 135-42
(F) (2) (d) and § 135-42 (F) (4) to expand the two reserve parking areas with more
parking spaces than previously allowed.
The Chairwoman opened the hearing at 8:25 pm by reading the legal notices and
described information received from the petitioner.
BOA Meeting October 8, 2015 6
Engineer John Hart presented the petition on behalf of Shire HGT, Inc. with Attorney
Christian Reginier of Goulston&Stores, PC and Gennady Mindlin, head of Facilities at
Shire.
The applicant is seeking to allow an addition 60 parking spaces to be constructed in
conjunction with the 70 reserved parking spaces approved in 2010.
They have met with the Planning Department regarding the traffic counts and have
finalized the trails on site with Conservation Commission.
The Chairwoman asked where the satellite parking spaces were and how many do
they use. (They own several properties in the area and use internal shuttles.)
She also asked once the proposed spaces are added would the satellite operation
continue. (Yes.)
A Board member commented he was confused with the numbers and where the
parking spaces were and asked Mr. Hart to go over where the spaces were coming
from.
Board members asked clarification of the land, field and future proposed garage areas
and trees that were removed.
Richard Canale of 29 Shade Street questioned why Shire needed more spaces, why
Shire would not meet with neighbors; why did they need to take down trees and
commented that not all conditions have been met.
Vicky Blier of 41 Shade Street asked to explain the tree removal. Ms. Blier also asked
the Board to open the noise issue. The Chairperson explained the noise issue is not
what is before the Board, this hearing is regarding the changes in the parking only.
Jeanne Canale of 29 Shade Street had additional questions on the number of spaces
on the original plans and the spaces that are being developed now.
The Chairwoman asked Mr. Hart do they plan on building the 66 spaces behind the
400 building. (They have no plans to do so at this time.)
The Chairwoman closed the hearing at 9:48 pm.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board
voted 4-1 (with Edward D. McCarthy in opposition) to grant a special permit
modification in accordance with CH 135 of the Code of the Town of Lexington, Zoning
Bylaw (Bylaw), § 135-7.3.5.6.d and § 135-7.3.5.8 of the 2015 Bylaw or equivalent
Bylaw sections of the 2009 Bylaw (§ 135-42 (F) (2) (d) and § 135-42 (F) (4) to expand
the two reserve parking areas with more parking spaces than previously allowed
subject to the following:
BOA Meeting October 8, 2015 7
1. The two reserve parking areas shall be constructed in substantial conformance
with the plans entitled, “Site Preparation Plan (Sheet C-111), “Layout and
Materials Plan (Sheet C-121),” “Grading and Utilities Plan (Sheet C-141),” and
“Site Details (Sheet C-501),” prepared by SMMA, and dated 8/28/15;
1. The two reserve parking areas shall be landscaped in substantial conformance
with the plan entitled, “Planting Plan (Sheet C-151),” prepared by SMMA, dated
8/28/15;
2. The two reserve parking areas shall be externally illuminated per the plans
entitled, “Site Lighting, Photometrics- Lot A (Sheet SKE-001)” and “Site
Lighting, Photometrics- Lot B (Sheet SKE-002)” prepared by SMMA, dated
8/28/15. The light fixtures shall consist of GE Lighting Evolve LED 44 Watt area
light fixtures mounted 20’-0” onto a pole or equivalent light types;
3. No more than 28 parking spaces shall be constructed in the reserve parking
area that is shown on the DSDUP plans dated July 9, 2014 to the north of
Building 400, notwithstanding the fact that the DSDUP authorizes 85 spaces in
such area;
4. All previously listed findings and or conditions of the March 25, 2010 Board
decision remain in effect, except as specifically modified by this Decision; and
5. Additional future changes to the site may require separate approvals by the
Board.
The above listed zoning relief is for property located at 200 Shire Way.
Minutes of the Lexington Zoning Board of Appeals
BOA Meeting October 8, 2015 8
Selectmen’s Meeting Room
October 8, 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 James A. Osten
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the
Board voted 5-0 to approve the minutes of August 13, 2015, August 27, 2015
and September 10, 2015.
2. Jeanne Krieger had volunteered to meet with the Planning Department
regarding the potential regulations for Air B & B housing. She had preliminary
talks with the Planning Department but has nothing to report at this time.
3. On a motion by David G. Williams and seconded by Leo P. McSweeney, the
Board voted 5-0 on the following slate of officers for 2015-2016:
a) Chairperson – Jeanne K. Krieger
b) Vice-Chairman – Leo P. McSweeney
c) Clerk – Edward D. McCarthy
4. On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the
Board voted staff person Dianne Cornaro as the Administrative Clerk.
On a motion made and seconded the meeting was adjourned.
Submitted by: Dianne Cornaro, Administrative Clerk