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HomeMy WebLinkAbout2015-12-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 10 2015 Board Members Present. Chairwoman, Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Martha C Wood Also present at the hearing was Associate F David Wells Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 44 Grant Street, Map 48, Lot 119 The petitioner submitted the following information with the applications nature and justification of request, plot plan, elevations, floor plans, letter from applicant responding to Zoning Administrator's questions 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, the Historic District Commission Clerk, Historical Commission and the Zoning Administrator Comments were received from the Building Commissioner, the Health Director 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 modification (addition) of a nonconforming structure The Chairwoman opened the hearing at 7 33 pm by reading the legal notices and described information received from the petitioner Brian Kelley, owner of the property, presented the petition The applicant seeks to remove an existing attached nonconforming garage and construct a larger attached 24 ft. by 34 ft. garage with living space above 10 ft. from the right side lot line A Board member asked why the applicant needed to go into the setback. The house sits on the property tight from left to right, he is trying to keep the main house as it is adding a breezeway and garage The applicant was asked if he had spoken to his neighbors He had, quite a few of them were present tonight in support of the project. A Board member complimented Mr Kelly on the farmer's porch The Zoning Administrator asked if the setback numbers on the plot plan were to the gutters (Yes) There were no questions from the audience BOA Meeting December 10, 2015 2 Pamela Lyons of 51 Grant Street, Pillai Thara of 53 Grant Street and Bob Earcy of 37 Grant Street spoke in favor of the petition A letter of support was received at the hearing from Nancy and Bob Earsy of 37 Grant Street. The Chairwoman closed the hearing at 7 40 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) sections 135-8 4 2 and 135-9 4 to allow modification (addition) of a nonconforming structure Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting December 10, 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 10 2015 Board Members Present. Chairwoman, Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Martha C Wood Also present at the hearing was Associate F David Wells Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 42 Reed, Map 65, Lot 31 The petitioner submitted the following information with the application Nature and justification, topographic plan, plot plan, elevations, letter from Attorney Grant supporting petition, letter of support from Scott Ribich and Shannon Duffy of 15 Vallie Avenue, copy of filed ZBA decision dated August 27, 2015 and a letter dated December 9, 2015 from the applicant responding to questions from the Zoning Administrator 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 Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section Sec 135-8 4 1 and 135-9 2 2 2 to allow a right side yard setback of 6 5 ft. instead of the required 10 ft. side yard setback. The Chairwoman opened the hearing at 7 41 pm by reading the legal notices and described information received from the petitioner Attorney Edmund Grant presented the petition for the owners of the property, John and Meredith Applegate Also present was their architect Jacob Lilley The applicant seeks to remove an existing detached nonconforming garage and construct an attached 22 8 ft. by 30 0 ft. two-car garage with living space above located 33 1 ft. from the front lot line and 6 5 ft. from the right side lot line where 10 ft. is required Meredith Applegate spoke to the Board as to why they need the space the proposed project would give them A Board member asked if the applicant had spoken to the people who had just purchased the house next door The property is under a P & S agreement and the new owners are not yet known She did talk with the Executor of the estate BOA Meeting December 10, 2015 4 The Chairman asked the applicant if she would agree to a condition that the arbor vitae plantings would be maintained and replaced if needed (The applicant had no problem with that condition since they have no plans on taking them out.) A Board member made reference to the slope being different from what is there now, will this have any effect on run off (The surveyor had addressed that in a letter sent to the Zoning Administrator ) David George, the Zoning Administrator, commented that no comments were received from the Conservation Administrator regarding any wetland issues on the property Water runoff is taken into consideration during the building permit application process There were no questions from the audience Bob Caravana of 40 Reed Street and Shannon Duffy of 15 Vaille Avenue spoke in support of the petition The Chairwoman closed the hearing at 7 58 pm On a motion by Edward D McCarthy and seconded by Leo P McSweeney the Board voted 5-0 to grant a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section Sec 135-8 4 1 and 135-9 2 2 2 to allow a right side yard setback of 6 5 ft. instead of the required 10 ft. side yard setback with the condition that the arbor vitae plantings would be maintained and replaced if needed Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting December 10, 2015 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 10 2015 Board Members Present. Chairwoman, Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Martha C Wood Also present at the hearing was Associate F David Wells Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 3 Richard Road, Map 30, Lot 42 The petitioner submitted the following information with the application Nature and justification, plot plan, elevations, floor plans, photographs, updated revised plot plan and 6 letters of support from 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 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 135-5 9 4 to allow modification (addition) of a nonconforming structure The Chairwoman opened the hearing at 7 59 pm by reading the legal notices and described information received from the petitioner Carolyn Whyte Radcliff, owner of the property, presented the petition The applicant seeks to remove the existing nonconforming 3-season room and reconstruct, expand and convert the 3-season room to a full-year habitable space located 9 9 ft. from the left side lot line A Board member asked what the existing square footage is and what will the proposed be after renovations (Adding 425 square feet, now 2463, proposed 2888 ) A Board member suggested the applicant make the back steps wider coming off the deck. There were no questions from the audience Bob Warshawer of 11 Tower Road, Doris Kelly of 13 Richard Road and Martha Lucas of 3 Tower Road spoke in support of the project. The Chairwoman closed the hearing at 8 15 pm BOA Meeting December 10, 2015 On a motion by Edward D McCarthy and seconded by Martha C Wood, the Board voted 5-0 to grant a Special Permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8 4 2 and 135-5 9 4 to allow modification (addition) of a nonconforming structure Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting December 10, 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 10 2015 Board Members Present. Chairwoman, Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Martha C Wood Also present at the hearing was Associate F David Wells Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 675 Lowell Street, Map 75, Lot 11A The petitioner submitted the following information with the application Nature and justification, site plan and sign 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 Conservation Administrator; the Health Director and the Zoning Administrator Jason Parillo from Back Bay Signs presented the petition for the owner of the business, Salons by JC The petitioner is requesting 2 Special Permits in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5 2 4 1 135-5 2 8 2 and 135-9 4 to allow internal illumination of a sign and to allow a projected sign The applicant seeks to install an 11 foot-10 '/2 inch by 36 inch internally illuminated wall sign and install a 2 foot -0 inch by 1 foot-3 inch projecting sign Board members asked for clarification as to where the projected sign would be, how long would the sign be illuminated and the hours of operation David George, the Zoning Administrator, clarified under the bylaw the signs cannot be illuminated between 11 00 pm and 6 00 am There were no questions from the audience No one spoke in favor or in opposition to the petition On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board voted 5-0 to grant 2 Special Permits in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5 2 4 1 135-5 2 8 2 and 135-9 4 to allow internal illumination of a sign and to allow a projected sign Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting December 10, 2015 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 10 2015 Board Members Present. Chairwoman, Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Martha C Wood Also present at the meeting was Associate F David Wells Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 95 Hayden Avenue, Map 17, Lot 22 The petitioner submitted the following information with the application Nature and justification, site plan, solar information and location 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 and the Zoning Administrator Attorney John Farrington presented the petition for 95 Hayden LLC Also present at the hearing was Kevin Hobbs and Kevin Casey of Columbia Construction The petitioner is requesting a non-advertised Minor Modification Determination for changes to an existing 1983 Special Permit to allow modification to approved garage building plan-determination that request is minor modification in nature and that no new public hearing is required The proposed modification is to construct a solar canopy over the garage associated with the Two Ledgemont Center building On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board determined with a vote of 5-0 that the modifications to the 1983 special permit are minor in nature and that no new public hearing is required Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting December 10, 2015 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 10 2015 Board Members Present. Chairwoman, Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Martha C Wood Also present at the hearing was Associate F David Wells Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business 1 On a motion by Leo P McSweeney and seconded by Martha C Wood the Board voted 5-0 to accept the meeting minutes of October 22, 2015 and November 12, 2015 Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk