Loading...
HomeMy WebLinkAbout10-14-04.pdf Minutes of the Lexington Zoning Board of Appeals- October 14, 2004 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address. 127 North Street The Chairman opened the hearing at 7 45 PM by reading the legal notice and described information received from the Petitioner, other Boards and Commissions relative to the Petition The Petition was presented by—Glen&Jacquie Kesner Information presented by Petitioner- Mr Kesner presented a plot plan, sunroom plans and pictures of the existing 12 x 8 porch that he would like to replace with a 12 x 23 three-season sunroom. He also presented a letter from neighbors, Mr &Mrs Alden Webster, in support of the project The relief sought is for a Variance from front yard setback requirements in accordance with 135-35 (A), Table 2 Dimensional Controls The hardship is the 30-foot setback requirement to the front The proposed sunroom is 27 feet to the front lot line Questions from the Board— Mrs Uhrig asked to clarify what variance he was requesting (Front yard set back) Ms Sheehan Deck on roof of sunroom? Same design as on existing porch only half the size Mr Kesner is trying to keep same quaint feeling of the house Ms Sheehan Aware of conservation issues? Mr Kesner hadn't been aware of conservation issues until now He has had no water issues Questions from the audience. None Speakers in favor—None Speakers opposed. None Hearing was closed at 7 53 pm Discussion. Board felt addition would have minimum impact. Decision On a Motion by Mr Barnert, seconded by Mr McWeeney The Board by vote of 5-0 approved the petition with the condition that the plans meet Conservation Commission approval if needed Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Anneals—October 14, 2004 Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address 519 Lowell Street The Chairman opened the hearing at 7 54 PM by reading the notice and described information received from the Petitioner, other Boards and Commissions relative to the Petition Owner, Kathy Pratt presented the Petition. The relief sought is for a Variance from side yard setback requirements in accordance with 135-35 (A), Table 2 Dimensional Controls to remove existing detenorated porch and replace consistent with existing conditions Questions from the Board Judy How close is shed to property line (Petitioner said she has had it moved) Questions from the audience — Carol Parullo, 523 Lowell Street—Asked to see and was given copy of plans, was concerned with the wrap around porch Asked if land had been surveyed and Kathy said yes Speakers in Favor —None Speakers in Opposition-None Heanng was closed at 8 02 PM Decision On a Motion by Mr Barnert, seconded by Mr Smith The Board by vote of 5-0 approved the petition with the condition that the plans meet Conservation Commission approval if needed Submitted by Dianne Col-two, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 14, 2004 Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney Petition Address—34 Clelland Road The Chairman opened the continued hearing at 8.04 PM by reading the notice and described information received from the Petitioner, other Boards and Commissions and additional letters relative to the Petition The Petition was presented by—Rasko Ojdrovic, Owner The relief sought is for a Variance from the driveway grade and building height requirements of the Zoning By-Law Section 135-68H and 135 Table 2 Dimensional Controls The proposed new house is located on the steep northeast slope of the Liberty Heights with the sloping down from Clelland Road to Massachusetts Avenue The first floor of the house is located at the level of Clelland Road, and the garage is located in the basement on the northwest side of the house The proposed driveway has a grade of about 20% The house has two floors plus a basement with garage The front side of the building facing southwest has two stories, and the backside, facing northeast, has two stories plus a full height basement because of the steep lot The maximum height of the building is less than 40 ft The hardship is the topography of the land and the elevation of the property causes the proposed driveway to be 20% grade and the rear side of the property would be considered 3 stories Questions from the Board— Arthur Are the setbacks Grandfathered? (Yes), Would house confirm to Grand fathered setbacks or today's setbacks? It will be 20 feet from street which is the Grand fathered setbacks. Maura Planning Board Decision had terms and conditions addressing neighborhood concerns amending plans for guardrail and road conditions (It is in the plans ) Maura Another condition was a Homeowners maintenance agreement for street repair (Yes in place and has been reviewed by town counsel) Questions from the audience— Mark Brus, 14 Lisbeth Street Can the Board define Hardship (Topography, shape of lot or soil condition.) Karen Myers, 14 Lisbeth Street What is definition of 3 story (Whenever a floor is exposed on 3 sides it is considered a story) Peter Gil, 11 Lisbeth Street Hadn't received notice of this meeting, isn't there a requirement to notify abutters (Continuance does not require additional notification) Peter Gil Not familiar with Maintenance agreement (It is a requirement of the Planning Board decision and is only the responsibility of the petitioner Does not bind other neighbors) Speakers in Favor—None Speakers in Opposition— Connie Mugnai, 284 Massachusetts Ave —Lives on the corner of Mass Ave and Lisbeth and is very concerned with the size of the construction and the wear and tear of an already street in bad shape) Hearing was closed at. 8.25 pm Discussion The Board discussed the size of house and its appearance as being even larger as the lower level is exposed on three sides Concern was expressed as to the runoff and the driveway slope Board decided to vote separately, one for height and the other for grade Decision on height. On a Motion by Mr. Barnet, seconded by Mr. McWeeney, with a vote of 3-2, the petition was denied Mrs Uhng, Mr Barnet and Mr McWeeney voted in favor, Mr Smith and Mrs Sheehan voted against The petition needed a vote of 4-1 to pass Decision on grade. In regards to the slope of the driveway, on a motion by Ms Sheehan, seconded by Mr Barnert, the Board by vote of 5-0 approve the slope vanance of 20% as per the plans submitted Submitted by. Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 14, 2004 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—32 Clelland Road The Chairman opened the continued hearing at 8 25 PM by reading the notice and described information received from the Petitioner, other Boards and Commissions and additional opposition letters relative to the Petition The Petition was presented by—Rasko Ojdrovic, Owner The relief sought is a Variance/Special permit to demolish more than 50% of existing structure and expansion above existing house Questions/Comments from the Board Judy. Is there a room under the parking deck? (Yes, the roofline elevation is same as road and the parking deck Mr Ojdrovic would like to enclose under the deck to add basement under the parking deck) Maura. What is height of the room? (8 Feet) Nyles. What is on top of ground by deck? (Stairs covering large portion of wall under deck. Deck will over hang room some) Nyles No open room under deck? (No it will be filled in) Arthur This is a 3-story house?? (No 2 1/2) Maura.. What would you call room under deck? (Basement) Maura Any of the room below soil line? (1 side will be fully underground, street side is dirt 2nd side will have outside stairway covering most of the wall) Nyles. Room will not connect to main house? (No) Nyles. What is the current setback from the corner of house to the road? (5 Feet) If you get rid of onginal house you wouldn't have these issues (You would have a conforming house) Judy Not sure about rest of board but she has problem with project Arthur Has a problem with the 3 stories Questions Matt Hakala, Zoning Officer's, ruling regarding the height of house Feels both houses at 32 & 34 are 3 stories Read from zoning bylaw 135-40 Judy Have you considered getting an architect to help design this house? (Yes, Mr Ojdrovic has consulted with them) Arthur. The definition of the vanance is not wntten (Front setback 30 feet from front, 15 from side— he's asking for 10 feet and 11 feet.) Questions from the audience—none Speakers in Favor—None Speakers in Opposition— Karen Myers, 14 Lisbeth Street. What troubles the neighbors most is they were told one of the conditions of the planning boards was that the applicant must create a plan that would conform with neighborhood home size Discussion. Board went over numerous questions regarding basement/cellar/deck Deck options 1) Deck with basement under 2) Fill in with soil and build retaining wall 3) Leave as void Board feels Matt Hakala may not have known about basement fill in plans when he made decision on story ruling. Mr. Ojdrovic said that he would fill in area under deck. Arthur Has a problem with the 3 stories Questions Matt Hakala, Zoning Officer's, ruling regarding the height of house Feels both houses at 32 & 34 are 3 stories Read from zoning bylaw 135-40 Judy Have you considered getting an architect to help design this house? (Yes, Mr Oidrovic has consulted with them) Arthur The definition of the vanance is not wntten (Front setback 30 feet from front, 15 from side— he's asking for 10 feet and 11 feet) Maura• Motion would include filling in parking deck9 (Yes) On a motion by Mrs McWeeney and seconded by Mr Smith, the Board approved the variance by a vote of 4 to 1 Mrs Uhng opposed Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals-October 14 2004 Present, Mrs Uhrig, Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney and Mr Smith Petition Address Metropolitan Parkway Avenue/Avalon The Chairman opened the heanng at 9 05 PM by reading the notice and descnbed information received from the Petitioner, other Boards and Commissions Mrs Uhrig said this petition is to define the site plan as approved by town meeting Mr Kastorf, Chairman of the Planning Board testified that the plan is the same approved by town meeting with a variety of small changes that held no significant issues. There was a slight realignment of the apartments and that does not trouble the Planning Board The need for the variance is for parking and he explained the changes in the proposed layout Atty Ed Grant presented petition Atty Grant introduced the Developers, Mike Roberts and Liz Smith; Avalon's legal counsel Steve Schwartz, Daniel Reynolds and the architectural team of Dave Kelly, Rick Bryant and Ed Bradford, who were all present Information presented by petitioner. Atty. Grant presented a picture layout of the property and the proposed buildings, explaining the changes to be made and the reasons for those changes Questions from the Board Judy Asked for clarification as to where the variance was needed (25 foot set back is adjacent to street) Nyles. Where are the signs going? Nyles Will you be meeting with the Design Advisory again? John Will name be changed? Arthur Will you need special permit for signs? Nyles• One of the conditions will be that the lights are to meet DAC approval "Appropriate for Directions" (The Landscape plans do have signage added) Conservation? They are just about ready to file with Conservation for permit Educational Trust Fund is near completion DHCD submitted and waiting approval; been told it's approved just going thru procedure. Sewage, meeting with Waltham next week Fire, also meeting with next week Questions from the audience -None Speakers in Favor -None Speakers in Opposition-None Heanng was closed at 9 45 PM Decision On a Motion by Mr. Barnert and seconded by Ms. Sheehan, the Board of Appeals by a vote of 5-0 GRANTED a SPECIAL PERMIT WITH SITE PLAN REVIEW to Avalon Bay Communities, Inc (together with its successors and assigns as owner, operator and/or developer of the Site, "Avalon"), in accordance with 135-42 of the Code of the Town of Lexington to allow a Planned Residential Development (RD District) (the "Development") on the portion of Lot 3 which is located in Lexington with frontage on the Metropolitan Parkway North, as shown on the plans entitled"Metropolitan State Hospital Definitive Subdivision Plan, Metropolitan Parkway, Lexington Waltham and Belmont" dated October 1, 2002 and endorsed by the Town of Lexington Planning Board on June 19, 2002, and recorded with the Middlesex County South Registry of Deeds on February 6, 2003 as Plans No. 106, 107 and 108 (the"Site"), WITH THE FOLLOWING CONDITIONS A Affordable Housing 1 Avalon shall reserve Twenty-five percent (25%) of the total units at the Development (97 units of the 387 total units) ("the Affordable Units") for rental to households earning no more than eighty percent (80%) of the median household income for the Boston PMSA, of which Lexington is included The mix of Affordable Units shall be proportional to the overall mix of one, two, and three bedroom units 2 All of the 387 units at the Development(the "Units") will remain as rental units in perpetuity(i e for as long as the Site is used by multi-family residences) and the Affordable Units will remain affordable in perpetuity(i e for as long as the Site is used by multi-family residences) 3 The Affordable Units shall not be segregated from the market rate units The Affordable Units shall not be substantially different in appearance from the standard market rate units 4 Avalon shall annually recertify the continuing eligibility of the tenant of any Affordable Unit In the event that a tenant's income exceeds allowable income, Avalon may charge the tenant a market rate for the dwelling unit; provided, however, that Avalon shall convert, at the next change of tenant in a market rate unit within the Development, a comparable market rate unit to an affordable unit 5 To the extent permitted by law, preference of the Affordable Units in the initial lease-up of the Development and at all subsequent times shall be to area residents as mandated by the Reuse Plan The local preference shall be implemented by Avalon, which will have the responsibility of managing the Development 6. The Town of Lexington, or some other entity agreed to by the Town and Avalon, shall have the nght to monitor the Development's compliance with the affordable program set forth in conditions (A)(1)-(5) set forth above B Department of Mental Health Housing 1 Avalon shall reserve the equivalent of ten percent(10%) of the Units (39 units of the 387 total units) for clients of the Department of Mental Health (the"DMH Units") through a combination of on-site and off-site housing. The on-site DMH Units will be included in, and be a part of, the Affordable Units Avalon's provision of both the on-site and off-site DMH Units shall made in accordance with the terms of a separate agreement with the Department of Mental Health C Kline Hall 1 Exterior Avalon will renovate and restore the exterior of Kline Hall 2 Interior, First Floor(10,000 sf) Avalon will renovate the first floor for use as its management, leasing and amenity center(7,000 sf) The remaining area on the first floor(3,000 sf), including the existing stage/performance area in the rear of the space will be used as "flex" space to accommodate local/community theater and performance groups and community functions including functions for residents at the Development 3 Interior, Terrace Level (10,000 sf) Avalon will also restore the terrace level of the Kline Hall building(10,000 sf) as "shell" space for potential future use by the Town of Lexington, subject to Avalon's reasonable approval Renovations will include any environmental remediation, demolition and restoration that is required by applicable law Avalon will not provide any"fit out" or"tenant improvements " The Town of Lexington may, however, as part of its use of such space, "fit out"the terrace level in its discretion, upon reasonable approval by Avalon 4 Avalon shall have the right to locate a portion of its management, leasing and amenity areas on the terrace level. In no event, however, will Avalon utilize more than(-7,000 sf) in Kline Hall for the exclusive use of Avalon 5 The restoration mentioned above shall include any environmental remediation or demolition that is required by applicable law 6 If desired by the Town of Lexington, Avalon shall support the creation of and work with a non-profit entity or Town of Lexington Committee which would serve as a liaison between Avalon, the Town of Lexington and the various community groups who may be interested in using the Kline Hall space so that such space is effectively utilized Alternatively, Avalon shall create a procedure that is to be reasonably managed by Avalon to provide for the use of such space In any event, all uses of Kline Hall shall be subject to the reasonable approval of Avalon D Transportation Demand Management(TDM) 1. Lexpress a Upon and following the issuance of a building permit for the Development, Avalon will contribute $35,000 per year to Lexpress (or a successor or alternative transportation system as specified by the Town of Lexington), with escalations tied to the Consumer Price Index, as outlined below, in perpetuity(i e for so long as the Site is used by multi-family residences). Such annual contributions shall be paid on or before January 1 of each calendar year after the initial payment that is to be made upon the issuance of a building permit as provided above Such initial payment shall be prorated to reflect the actual time between the issuance of a building permit and the end of the initial year following the issuance of a building permit b If Lexpress (or the operator of a similar alternative or successor transportation system) ceases operations or chooses not to provide service to the Development, Avalon shall continue to make payments to the Town of Lexington as provided above, except that the Town of Lexington shall thereafter be entitled to use such funds to provide transportation system improvements and/or traffic demand management measures in the vicinity of the Site or in any other manner that positively impacts the Site If Lexpress (or the operator of a similar alternative or successor transportation system) does not provide service to the Site and the Town of Lexington, in its reasonable discretion, determines that the alternative uses of such funds that are detailed above are unnecessary, the Town of Lexington shall be entitled to use all or any portion of such funds to provide rental assistance to individuals and families living in the affordable apartments that are to be located on the Site as a result of the Development c Avalon agrees that the annual contribution identified above shall be adjusted yearly for inflation based upon changes in the Consumer Pnce Index for all Urban Consumers, U S City Average, All Items (1982 - 1984= 100),published by the Bureau of Labor Statistics, U S Department of Labor If the Bureau of Labor Statistics should cease to publish the Consumer Price Index in its present form and calculated on the present basis, a comparable index or an index reflecting changes in prices determined in a similar manner shall reasonably be designated by the Town of Lexington in substitution therefore The Index for any year relevant to the application of this definition shall be that published by the Bureau of Labor Statistics for such year If a Consumer Price Index relevant to the application of this definition is not available as of the date on which any adjustment in the contributions mentioned above is to be made, necessary adjustments to such contnbutions shall be made retroactively within a reasonable time after required computations can readily be completed d In an effort to support resident demand for Lexpress (or a successor or alternative transportation system as specified by the Town of Lexington), Avalon will purchase $10,000 of Lexpress tickets (or tickets to a successor or alternative transportation system as specified by the Town of Lexington)per year for the first two years beginning with the first occupancy of the Development These passes will be distributed to residents, without charge, to encourage rider ship. The purchase of tickets as outlined above is contingent upon Lexpress (or a successor or alternative transportation service as specified by the Town of Lexington)providing service to the Site e The Site will be designed to accommodate the circulation of Lexpress or similar transportation vehicles through the site and an area will be set aside to serve as a bus/shuttle stop 2 Shuttle to Alewife MBTA Station during Commuter Hours a Avalon will provide a shuttle from the Development to the Alewife MBTA Station during peak commuting hours (Monday—Friday) in perpetuity, (i e for as long as the site is used by multi-family residences), beginning with the first occupancy Avalon will provide the service either through joining the Route 128 Business Council or by providing its own pnvate shuttle service Avalon shall commit to provide this service based on a reasonable review with the Town of Lexington after five years, and every five years thereafter, to establish the parameters to continue and/or discontinue this service based on actual demand and usage Such parameters may include actual demand,usage, availability of alternative transit,peak hour automobile traffic from the site and/or other criteria b. In the future, to the extent that the Alewife MBTA Station is obsolete, Avalon shall provide shuttle service to a similar transportation node that is specified by the Town of Lexington and reasonably agreed to by Avalon c Avalon shall have the right to utilize other potential providers of shuttle service from the site to the designated appropriate transportation node (e g Alewife MBTA Station) 3. School Transportation Contribution a Upon the issuance of a building permit for the Development, Avalon will contribute $200,000 to the Town of Lexington for use to assist with school transportation costs by the School Department at the School Committee's discretion 4 Other TDM Measures a. Avalon will identify a staff person to serve as the Transportation Coordinator for the site This person will be the contact for the Town of Lexington and the MBTA regarding site access and transportation issues b Avalon will promote and facilitate ridesharing among the Development's residents and staff A ndeshanng database and bulletin board will be maintained for the Development c Avalon will provide safe and secure areas at the Development for the storage of bicycles d Avalon will provide a safe and secure pedestnan and bicycle connection to Trapelo Road and the MBTA bus service along Trapelo Road. e Avalon will make MBTA passes available for purchase at the Development f Avalon will design the Development to accommodate the circulation of school buses through the site g Avalon will participate in organizations working to coordinate and solve transportation-related issues in the area, including the Lexington Transportation Advisory Committee and the South Lexington Transportation Management Association E Traffic Mitigation 1 Intersection improvements a. Upon issuance of a building permit for the Development, Avalon will make a traffic mitigation payment of$250,000 to the Town of Lexington for the Town of Lexington to use at its discretion for traffic or Transportation Demand Management mitigation measures in the project vicinity and in a manner that positively effects the project 2 Concord Avenue improvements a Avalon will complete, at no cost to the Town of Lexington, the improvements at the intersection of Metropolitan Parkway North and Concord Avenue necessary for the Development Such improvements may include a yellow light and safe pedestrian crossing at the site The specific nature of the improvements shall be subject to the ability of Avalon to obtain all necessary permits and approvals b Avalon shall construct a sidewalk along Concord Avenue connecting the intersection of Metropolitan Parkway North and Concord Avenue with the existing sidewalk on Concord Avenue to the west of the above mentioned intersection(approximately 1,500 feet). Completion of this work shall be subject to the ability of Avalon to obtain all necessary permits and approvals Avalon shall not be required to perform such work to the extent such work involves any major roadway reconstruction or to the extent the proposed sidewalk encroaches on any wetlands or wetlands buffer zones F Historic Preservation 1 In accordance with the site plan for the Development submitted to the Board of Appeals by Avalon on September 14, 2004, Avalon will retain and rehabilitate approximately 38% of the existing buildings located on the Site G Education Trust Fund Escrow Account 1 Upon issuance of a building permit for the Development, Avalon shall cause $750,000 to be deposited into an Education Trust Fund Escrow Account. The funds shall be held by an Escrow Agent who is mutually acceptable to the Town of Lexington, the Division of Capital Asset Management and Maintenance of the Commonwealth of Massachusetts ("DCAM") and Avalon 2 The Town of Lexington shall certify to DCAM, Avalon and the Escrow Agent, on a yearly basis, the total number of school-aged children attending Lexington Public Schools from the Development for a ten-year period beginning at the end of the school year in which the at least 75% of the total number of Units at the Development are occupied(the "Start Date") Distnbutions from the trust fund shall be made in the following manner i If, in any given year, according to the certification from the Town of Lexington as provided above, more than 111 school-aged children from the Development attend Lexington Public Schools, $7,100 per student in excess of 111 shall be released from the trust account and distnbuted to the Town of Lexington ii At the end of the tenth anniversary of the Start Date, all remaining funds in the trust fund shall be returned to the Commonwealth of Massachusetts iii On or prior to the date on which Avalon takes title to the Site, The Town of Lexington, Avalon, the Escrow Agent and DCAM shall execute and deliver an Education Trust Fund Escrow Agreement in form and substance reasonably acceptable to each party H Name of Development 1 Notwithstanding anything contained in Avalon's filings with the Board of Appeals to the contrary, the initial name of the Development shall not be "Avalon at Lexington Square," but Avalon shall instead select a different name for the Development that shall be reasonably deemed by the Town of Lexington Fire, Police and Public Works Departments to not cause undue confusion with other developments within the Town of Lexington. I Conservation Commission 1 The Development shall be subject to compliance with all laws and regulations under the junsdiction of the Town of Lexington Conservation Commission Submitted by Dianne Cornaro On a motion by Mr McWeeney and second my Mr Smith, the Board of Appeals elected to keep the current slate of officers in tact for the upcoming year They are as follows Mrs. Judy Uhrig, Chairperson Arthur Smith, Vice-Chairperson John McSweeney, Clerk Dianne Cornaro, Department Clerk Submitted by Dianne Cornaro