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HomeMy WebLinkAbout2016-02-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 55 Allen Street, Map 16, Lots 47 and 48A The petitioner submitted the following information with the application: Nature and justification; plot plan; elevations, photograph, request for a waiver from the plot plan requirements, letter from property owner John Carroll permitting sign installations and sign dimensions. Also received was 1) a letter from Peter Kreisky of 3 Clematis Road objecting to anything more than discreet signage; 2) e-mails from Marie Tulin of 56 Allen Street, Alan Graham of 68 Allen Street and Alexandra Schweitzer of 7 Allen Street in opposition; 3) 2 petitions in opposition signed by 23 abutters; and 4) email from Zoning Administrator to Board with zoning interpretation of a protected sign. 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, the Historic District Commission Clerk, Historical Commission, Design Advisory Committee and the Zoning Administrator. Comments were received from the Design advisory Committee and the Zoning Administrator. SPECIAL PERMIT The petitioner is requesting a in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-9.4 to allow more or larger signs that allowed by right. The Chairwoman opened the hearing at 7:34 pm by reading the legal notices and described information received from the petitioner. Coyn Bina, Vice President for Bina Farms Center, Inc., presented the petition. The applicant seeks to install the following two standing signs at the site: 1) approximately 79 in. by 60.5 in. and 2) approximately 66 in. by 52 in. The signs would be located entirely on the site. A Board member asked the applicant why signs were needed. He thought the signs were too large and didn’t think 2 were needed. (They need the signs to let their clients know where they are.) BOA Meeting February 11, 2016 2 A Board member asked the Zoning Administrator what the size of a “by right” sign was fir the area. There is nothing in the Zoning Bylaws for size of signs in that area of zoning. Another Board member was confused as to the sign calculations. He feels signs are appropriate. (Signs are measured from the ground to the top.) The Chairwoman was not as concerned with the size as much as the quantity. She did not think 2 signs were necessary. A Board member questioned the content of the sign and the Chairwoman commented that the Board only had jurisdiction of the size and the location. A Board member asked what the structure on the property was. (An indoor arena.) The following people spoke with concerns and in opposition to the signs: Jay Parsons, 65 Allen Road Marie Tulin of 56 Allen Road Alan Graham of 68 Allen Road Alexandra Schweitzer of 7 Allen Road Glen Lucas of 7 Allen Road Gerry Patrick of 19 Allen Road Ms. Bina spoke to the concerns of the audience and would welcome the opportunity to meet with the neighbors to discuss what can be done. A Board member suggested the hearing be continued until such time Ms. Bina and the neighbors can meet to discuss the signage. There was a lengthy discussion after a request from Mr. Parson’s to take down the signs while deliberations are going on. There is a sign on the barn that they feel should be adequate. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy the Board voted 5-1 to continue the hearing until April 14, 2016 with the condition that one standing sign shall be taken down within a week of the hearing with the barn sign remaining. It was agreed that the sign on the north right side of the barn would remain. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 10 Maguire Road, Map 85, Lot 15 (iBasis) The petitioner submitted the following information with the application: Nature and justification; site plan; sign plans and accessor’s information. 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, the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Conservation Administrator and the Zoning Administrator. The petitioner is requesting SPECIAL PERMITin accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4-1, 135-5.2.10 and 135-9.4 to allow an internally illuminated wall sign which is larger than allowed by right. The Chairwoman opened the hearing at 8:36 pm by reading the legal notices and described information received from the petitioner. Amy Lynch of Sign Design presented the petition for the company iBasis. The applicant seeks to install one 101 5/8 inch by 36 inch internally illuminated wall sign displaying the text: “iBasis” on Building 3 visible to motorists traveling on Maguire Road. A Board member asked the hours the sign would be lit. (The town regulation of 6:00 am until 11:00 pm. It will be on a time clock.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:44 pm. BOA Meeting February 11, 2016 4 On a motion by Leo P. McSweeney and seconded by F. David Wells the Board voted 5-0 to approve a SPECIAL PERMITin accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4-1, 135-5.2.10 and 135-9.4 to allow an internally illuminated wall sign which is larger than allowed by right. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 10 Maguire Road, Map 85, Lot 15 Building 3, (BMC) The petitioner submitted the following information with the application: Nature and justification; site plan and sign plans. 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, Design Advisory Committee and the Zoning Administrator. Comments were received from the Conservation Administrator, Design Advisory Committee and the Zoning Administrator. SPECIAL PERMITS The petitioner is requesting 2 in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10, 135-5.2.4 and 135- 9.4 to allow a larger sign than allowed by right and to allow an internally illuminated wall sign. The Chairwoman opened the hearing at 8:44 pm by reading the legal notices and described information received from the petitioner. Timothy Fisher of ID Sign Group presented the petition for the business BMC. The applicant seeks to install one 6 foot x 11 inch by 3 foot internally illuminated wall sign visible to motorists travelling on Maguire Road. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:46 pm. BOA Meeting February 11, 2016 6 On a motion by Leo P. McSweeney and seconded by Ralph D. Clifford, the Board SPECIAL PERMITS voted 5-0 to grant 2 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10, 135-5.2.4 and 135-9.4 to allow a larger sign than allowed by right and to allow an internally illuminated wall sign. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Members Ralph D. Clifford and Nyles N. Barnert 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 and floor plans. 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 Health Director, the Planning Director, Historic Districts Commission’s Clerk and the Zoning Administrator. The Chairwoman opened the hearing at 8:47 pm by reading the legal notices and described information received from the petitioner. SPECIAL PERMIT The petitioner is requesting 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 a non conforming structure. Henry Liu, owner of the property, presented the petition. The applicant seeks to construct a third dormer to the nonconforming structure. This modification represents a change to the preciously approved plans allowing vertical modification to the nonconforming structure. They have met with the Historic District Commission and received approval for the proposed project. A Board member asked if the applicant was taking off the existing garage. (No fixing it). There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:52 pm. BOA Meeting February 11, 2016 8 On a motion by Nyles N. Barnert and seconded by F. David Wells, the Board voted 5-0 SPECIAL PERMIT to grant 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 a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 54 Oak Street, Map 14, Lot 17 The petitioner submitted the following information with the application: Nature and justification; plot plan; copy of ZBA decision dated August 13, 2015; illustrative figure of permeable pavers; supplement information and a request for a waiver of a certified plot 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 Health Director and the Zoning Administrator. The Chairwoman opened the hearing at 8:53 pm by reading the legal notices and described information received from the petitioner. Ray Gould, owner of the property, presented the petition. MODIFICATION OF A SPECIAL PERMIT The petitioner is requesting in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9-4 to allow modification to a condition of a previously approved special permit dated August 13, 2015 The petitioner is seeking to modify condition 3 to state “the current driveway in the front of the house must be removed. It may be replaced with a permeable path to the new driveway”. A Board Member asked how wide the path is. (It is less than a regular 6 foot driveway.) Another Board member asked if the applicant had thought of creating a circular driveway. (They are trying to solve the problem with the condition and use of Ellis Street, no need for a circular drive.) It was asked from the Board if he could get into his garage from the path. (No.) BOA Meeting February 11, 2016 10 The Chairwoman asked if he planned on plowing the path in the winter. (Yes, for the safety of the cars trying to pass on Ellis Street.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:04 pm. On a motion by Leo P. McSweeney and seconded by Ralph D. Clifford, the Board MODIFICATION OF A voted 4-1 (David G. Williams in opposition) to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9-4 to allow modification to condition 3 of the previously approved special permit dated August 13, 2015 Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 33 Bow Street, Map 13, Lot 424 The petitioner submitted the following information with the application: Nature and justification; plot plan; elevations; floor plans 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 Building Commissioner, the Conservation Administrator, Engineering, the Health Director and the Zoning Administrator. The Chairwoman opened the hearing at 9:05 pm by reading the legal notices and described information received from the petitioner. Architect David Mullin presented the petition with the owner of the property Mary Reid. SPECIAL PERMIT The petitioner is requesting a in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-9.4.2 and section 135-6.7.7 to allow an expanded accessary apartment. The petitioner seeks to construct an accessory apartment onto an existing structure. A Board member asked about parking. (Plan to have both cars in the garage.) There were not questions from the audience. Maureen Kaplan of 4 South Rindge Avenue spoke in favor of the petition. No one spoke in opposition to the petition. The Chairman had a concern with approving this before the applicant received approval from the Conservation Commission. (The applicant did not expect anything to change with the addition.) The Chairwoman closed the hearing at 9:10 pm. BOA Meeting February 11, 2016 12 On a motion by Leo P. McSweeney and seconded by F. David Wells, the Board voted SPECIAL PERMIT of 5-0 to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4.2 and section 135-6.7.7 to allow an expanded accessary apartment. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 13 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1357 Massachusetts Avenue, Map 39, Lot 71 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations; floor plans 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 Building Commissioner, the Conservation Administrator, Planning Director and the Zoning Administrator. The Chairwoman opened the hearing at 9:11 pm by reading the legal notices and described information received from the petitioner. Attorney John Farrington, Architect Bill Erickson and the homeowner Jon Willis presented the petition. The petitioner 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 a modification of a nonconforming structure. The applicant seeks to modify the structure by several modification to the nonconforming structure including the following: 1) Addition of a new sunroom, 2) Modification of the structure to create a study, 3) Modification of the structure to create a hall connecting the family and living rooms; and 4) Extension of the structure affecting 3 floors to and modification of the existing living room, bedrooms and attic. A Board member asked if there was an entrance through the garage. (Yes.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting February 11, 2016 14 On a motion by Leo P. McSweeney and seconded from F. David Wells, 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 135-8.4.2 and 135-9.4 to allow a modification of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 11, 2016 15 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 11, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member F. David Wells Also present at the hearing was Associate Ralph D. Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney the Board voted 5-0, Ralph Clifford abstained, to accept the meeting minutes of January 28, 2016. Submitted by: Dianne Cornaro, Administrative Clerk