HomeMy WebLinkAbout09-23-04.pdf DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23, 2004
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address. 30 Moreland Avenue
The Chairman opened the hearing at 7 45 PM by reading a letter from the petitioner requesting an
extension from a previous decision by the board of appeals for a vanance from dimensional controls to
allow construction This was asked to give the petitioner additional time to resolve an issue that arose
before resuming the home improvement project
Information presented by Petitioner- None
Questions from the Board None
Heanng was closed at 7 50 pm
Discussion None
Decision On a Motion by Mr Barnert, seconded by Mr McWeeney The Board by vote of 5-0
TO APPROVE THE EXTENSION until the end of May 2005.
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Anneals—September 23, 2004
Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address 18 Preston Road
The Chairman opened the hearing at 7 48 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition
Robert Weisskoff and Ann Marie Lindquist, owners of the property,presented the Petition. Mr.
Weisskoff stated that this is the same project they had received a vanance for on June 26, 2003 and
extended on June 24, 2004 There have been no changes in the construction plans They were not aware
until permits were pulled that a second variance would be needed There is an older vanance in place
because of the house's front setback, and in order to modify the front a new variance is needed The
proposed front modification, a small porch, does not extend beyond where the front steps reach
currently Mr Weisskoff gave the board a copy of a petition from 7 neighbors in favor of the project
The relief sought is for a Variance from side yard setback requirements in accordance with 135-35,
Table 2 Dimensional Controls
Questions from the Board None
Questions from the audience — None
Speakers in Favor —Audrey Simpson of 7 Nichols Street spoke in favor of the petition
Speakers in Opposition-None
Heanng was closed at 7 50 PM
Decision On a Motion by Mr Barnert, seconded by Mr McWeeney The Board by a vote of 5-0
granted full approval
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Anneals- September 23 2004
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address. 34 Clelland Road
The Chairman opened the hearing at 7 52 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition There were comments from
Conservation and Planning Boards
Petitioner, Rasko Ojdrovic presented the Petition along with a location plan map outlining#32 and#34
Clelland Street
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 dnveway 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 stones, 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
dnveway to be 20% grade and the rear side of the property would be considered 3 stones
Questions from the Board
Mr Barnert What is the purpose of the peaks? No purpose,just for looks, there is no living space
there
Mr. McWeeney. There were quite a few letters from neighbors regarding the size of the dwellings,
wondenng, are you sensitive to this at all? Mr Ojdrovic said the house would be 28 x 48 with a total of
2700 square feet "living space"on top 2 floors, which is modest by today's standards He had compared
gross areas of surrounding homes from information received at the assessors' office Minimum size of
homes in area is 1600 square feet and the maximum is 3300 square feet His proposed house for this lot
will be 4000 square feet with the garage Spoke of house to lot size and gave average percentages in the
area of 41% Proposed home would be 43%
Mr McWeeney How close is neighbor to the rear of house? 18 feet to property line and 40 feet to the
house.
Mr Smith.. The front yard is 20 feet, doesn't it have to be 30? Mr Ojdrovic cleared it with Matt The
lot is grandfathered at 20 feet front yard setback
Mr Smith Do you have a written opinion from Matt? No I don't but can get one if necessary
Mr McWeeney. But you are not requesting a front yard setback No
Ms. Sheehan. Are you planning on living in one of these homes? Yes, depends on when we sell our
present home Cannot give a definitive answer at this time
Mrs Uhrig What conditions did the Planning Board approves To extend Clelland Road and make
turnaround Water and sewer line extended There will be an 18-foot road
Mrs Uhrig. Are there lots across the street? Yes, Mr Ojdrovic also owns them No present plans to
build, maybe in the future
Mrs Uhrig No Sidewalks No
Mrs McWeeney IS this a pnvate Street? Are you planning on plowing? Yes, we have an obligation
with the planning board to take care of the street. He will be loosing one of the lots to make the
turnaround
Mrs Uhng Maximum number of houses? Maybe 1 more
Mr Smith Not sure of the hardship of this petition? Mr Ojdrovic said because of the steep grade, over
width of lot 16-foot grade, 20 feet from Massachusetts Avenue
Comment from Mr Smith Drawing doesn't look like lot is that steep, looks like you are building a 3-
story building
John. What is 1St floor elevation? Same as street, maybe a foot higher
Mrs. Uhng. What is square footage? 9,333.
Mrs Uhng Garage off side? Garage level off first floor
Questions from the audience —
314 Mass Ave. How does the design of this house fit into the neighborhood? Mr Ojdrovic said it was
similar based on area lot and house sizes Average to neighborhood
314 Mass Ave Could you point to another house within your parameters Yes, 320 Mass Ave, 47% lot
to house 292 Mass Ave 42%, 11 Lisbon 49% Clelland#15 —36% and#17—34%
Question/Comment by same neighbor. Do you feel that Civil Engineers that planned homes in
California that witnessed mud slides have less knowledge that you? Neighbor stated you are asking
everyone down hill to take risk Worried of the effects of drainage
Mr McWeeney stated that we are not the planning board, we are not getting into the draining issues here
tonight
11 Lisbeth, Question to Board This is a very complex project, what kind of report do you have from
Planning Board Mrs Uhng answered We have to go on the assumption that they made their decision,
not question their decision
11 Lisbeth. The original plan said they were to build in character of neighborhood. Average house size
in area is 1500 square feet
Mrs Sheehan Are you planning on removing any trees? Threes are within setback, not planning on
moving any along the parameter Trees will be cut where house will be Best to keep as many trees as
possible
Speakers in Favor — None
Speakers opposed.
314 Mass Ave • Feels that this scale of a house is irresponsible and at the down hill abutters expense
He is concerned with the loss of other people's investments, Mr Ojdrovic is not picking up any of the
risk
15 Clelland. Concerned with height He said it is above 40 foot Has problem with some of the
percentages presented. The physical size of the lot is large, concern is with the way the property was
sketched out the house will be 20 yards closer to where conservation begins His concern with Board
granting this is looking at a house 2 to 3 times larger than neighborhood, this is a small colonial
neighborhood and this proposed house is not in scale with the neighborhood His percentages are way
out of line
Karen Myers, 14 Lisbeth In large part the owners are not making any effort to work with hillside
Mrs Myers is a Landscape designer and says design needs to be responsive to sight,perception of
elevations More site work would enhance the project
Mr. Myers, 14 Lisbeth. Said that all Mr. Ojdrovic is stating is statistical justifications.
Mr McWeeney commented that he wasn't sure how planning board approved it
Mrs Uhrig and Mr McWeeney both said they would like to see planning board report
Hearing was closed at•. 817 PM
Decision On a Motion by Mr Barnert, seconded by Mr Smith The Board by a vote of 5-0 to continue
heanng until October 14, 2004
DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23 2004
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address . 32 Clelland Road
The Chairman opened the hearing at 8 37 by reading the notice and described information received from
the Petitioner, other Boards and Commissions and letters relative to the Petition Comments were
received from Conservation
Rasko Ojdrovic, owner of the property,presented the Petition
The relief sought is for a variance from the yard setback requirements of the Zoning by-law (Section
135-35, Table 2, Dimensional Controls)to build a 26 x 26 addition on the side of the existing small
house on the northeast slope of the Liberty Heights Closest corner to downhill neighbor is 35 feet
Questions from the Board—
Mr Barnert Looks like it should be 3 stones Answer less than 2 1/2 stones, front only 1 story
Mr Barnert Could you have done same for#349 No, it's 3 stories because of the garage
Mr Smith. What is parking deck made of? Concrete
Can you fill space for driveways? Planning on putting in retaining wall where the existing
wall is Had photos
Mrs Sheehan. What is square footage of this home 3050 square feet
Questions from the audience—
Mark Brus 14 Lisbeth. Why add to existing structure, why not tear down and start over House is close
to lot line with 2nd level addition. (Haven't considered tearing it down)
Mrs Uhrig Is this plan larger or smaller than previous plan'? (Smaller)
Discussed changes being made to street and drainage Concern was brought up that other people are at
risk because of drainage issues
Mr Barnert was concerned with Just one parking spot for house
Speakers in Favor—None
Speakers in Opposition— 11 & 14 Lisbeth
Hearing was closed at 8 57 pm
Discussion none
Decision On a Motion by Nyles Barnert, seconded by John McWeeney the Board by a vote of 5-0,
granted to continue hearing until October 14, 2004 in order to review Planning Board decision.
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23, 2004
Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address 36 Garfield Street
The Chairman opened the hearing at 8 57 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition There was a comment from
Planning that petition does not appear to meet hardship cntena
Sean Mindes, Contractor for the project presented the Petition
The relief sought is for a Variance from side yard setback requirements in accordance with 135-35,
Table 2 Dimensional Controls to add addition living space
The hardship was not clear on the petition
Questions/Comments from the Board
Mr Barnert The property is not unique in topography or shape, the lot is narrow The problem is size
Mr. McWeeney. Seems like you are trying to build to much house for the lot.
Mrs Sheehan Have you looked into any other options? Looking to add value without complete over
all remodeling
Questions from the audience — None
Speakers in Favor — None
Speakers in Opposition-None
Hearing was closed at 9 08 PM
Decision. On a Motion by Ms Sheehan, seconded by Mr Barnert, the Board by a vote of 5-0 to
accepted withdrawal without prejudice
DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23, 2004
Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address— 91 Hill Street
The Chairman opened the heanng at 9.10 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition.
Kenneth Virgile presented the Petition
The relief sought is a Variance from side set backs in accordance with Zoning By-law Section 135-35,
table 2 of dimensional controls, to build a third garage bay with additional living space above,
approximately 10 feet from property side line
The hardship of this project was questioned.
Questions/Comments from the Board Discussion of hardship, gave options to petitioner to either have
board vote for it now or withdraw without prejudice
Questions from the audience—none
Speakers in Favor—None
Speakers in Opposition—None
Heanng was closed at 9 20
Decision On a Motion by Mr Barnert, seconded by Mr McWeeney, the Board voted 5-0 to accept
withdrawal without prejudice
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23, 2004
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address.. 15 Birch Hill Lane
The Chairman opened the hearing at 9 20 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition A letter was received in
favor of the petition from abutters at 11 & 17 Birch Hill Lane.
Petitioner Gil Ettinger made the presentation
The relief sought is for a Special Permit in accordance with Zoning bylaw section 135-11A Petitioner
is seeking to build structure to enclose existing foundation to create in-ground sunroom Currently the
foundation forms a cement in-ground patio that collects moisture and moss The outside corner of the
existing foundation wall is 14'7 from the property line, encroaching 3' into the setback
The hardship is the topography of the land
Questions from the Board
Mr Barnert• Are you going to retain stairs? (New wooden stairs with new door)
Questions from the audience — None
Speakers in Favor — None
Speakers in Opposition-None
Hearing was closed at•. 9.25 PM
Decision On a Motion by Ms Sheehan, seconded by Mr McWeeney, the Board by a vote of 5-0
APPROVED THE PETITION
DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23, 2004
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address— 141 Spring Street (N/K/A 300 Patriot Way)
The Chairman opened the hearing at 9 27 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions
Atty Ed Grant presented the petition Brune Levenng, Principal of Patriot and Peter Lukasic from
SMMA were also present at the hearing
Information presented by Petitioner picture with site pan approved by town meeting They are
proposing adding 2 additional buildings that would stay within the required gross square footage of
631,600 approved by town meeting
Questions/Comments from the Board.
Mrs Sheehan This is not really temporary modification? (This is to take care of the building
preliminary plans)
Mr Barnert This is for Biotech not retail, correct? (Biotech)
Questions from the audience none
Speakers in Favor none
Speakers in Opposition none
The hearing was closed at 9 40 PM
Decision On a Motion by Mr Barnert, seconded by Mr McWeeney, the Board by vote of 5-0
APPROVED THE PETITION.
Submitted by Dianne Col-two, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals- September 23 2004
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address— 1721-1727 Massachusetts Avenue,Not your Average Joe's
The Chairman opened the hearing at 9•.40 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions
Atty Ed Grant presented the petition and introduced Mr Steve Silverstein, Owner of Not Your Average
Joe's. Atty. Grant wanted to let the board know that he had met with the Center Committee this
morning and made a presentation to them He found everyone very enthusiastic Gerome Smith e-
mailed Committee endorsements to him Also wanted to comment on Chamber of Commerce letter of
support Spoke of parking analysis that was done by Matt Hakala stating that the required parking could
be met, hours of operation and seating from 122 to 138 people Atty Grant mentioned that he has
received a lot of support from people in the area
Information presented by petitioner Mr Silverstein had said a couple years ago Lexington economic
development committee got in touch with him to come to Lexington, at the time he couldn't afford it
They are a neighborhood type establishment their concept is an Amencan style restaurant The reason
they are looking to increase seating is that they look at 150 seats for their economic performance criteria
They are paying a price for the lease and need to get as many in as possible They came up with that
number from their designer who determined that would as many seats that could fit in there comfortable
Questions from the Board
Mr McWeeney Matt is in agreement about parking? (Can't speak for Matt but he was encouraging
John commented that Matt's the one he needs to satisfy)
Mr McWeeney Is this a sub-lease, new-lease or assignment/assumption? (3 way agreement with old,
new and owner of the building)
Mr Barnert How will you encourage employees to park in garage? (Steve said it's a matter of
requiring them to)
Mrs Uhrig Are you concerned about this restaurant being so close to the Arlington facility (yes, they
expect about 10% of their Arlington traffic would come here Their opinion is that it will be a separate
market Mr Silverstein said this will most likely not be their biggest restaurant but he thinks it can be
successful
Questions from the audience—
Julian Bussgang, 2 Forest Street. Are the parking spaces in garage assigned? Mr Silverstein didn't
know the answer to that, he said that was up to the building owner
Julian Bussgang Are the parking spaces in garage free or would employees have to pay (They are
free)
Speakers in Favor-
MaryJo Bohart, Chamber of Commerce Had spoken with her counterpart in Arlington and they had
done nothing but raved about the type of businessman Steve was
Andy Fnedhch, 22 Young Street Spoke in favor of project
Speakers in Opposition-None
Rebuttal or comments by Petitioner -None
Heanng was closed at 10 20 PM
Discussion
The Board spoke of the conditions that should be presented
Decision On a Motion by Mr Barnert and seconded by Ms Sheehan, the Board by vote of 5-0
APPROVED THE SPECIAL PERMIT WITH THE FOLLOWING CONDITIONS:
1 Hours of operation shall be 11.00 AM to 11.00 PM, seven days a week
2 The proposed restaurant must comply with the Zoning Bylaw's parking requirements
3 No more that 138 seats shall be provided for customers Any outdoor seating provided may not
increase the number of seats allowed
4. Proper ventilation equipment shall be installed and maintained to minimize cooking orders.
5 Extreme care shall be exercised in the disposing of waste material (garbage and rubbish) in
accordance with Town regulations and specifications The area surrounding the operation shall
be kept free from litter
6 A Victuallers' license and permission for any outdoor seating must be obtained from the
Selectmen
7 Proposed the Historic Districts Commission must approve signage and any other exterior
changes
8. This Special Permit is granted for two years and will expire on September 30, 2006.
Submitted by Dianne Cornaro
DRAFT MINUTES of the Lexington Zoning Board of Anneals- September 23, 2004
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address— 1010 Waltham Street (Brookhaven)
The Chairman opened the continued hearing at 10 20 PM by discussing the Engineering report
confirming the plans are the same that had been approved by Town Meeting
Atty Bill Bailey was present for Brookhaven and asked that the board approve the height at 58' even
though the plans submitted are at 55 feet The planning board had approved height at 58 feet
Questions/Comments from the Board
Mrs Uhrig Would you agree to enter into a contract with town with the conditions talked about (Yes)
Mrs Uhrig Concern with the wall Bill Patch is looking at wall and Brookhaven will agree to a natural
wall. They are actively working with Tree Committee to better the landscape designs. They are also
meeting with Conservation on October 5th
Jim Freehling, President of Symmes Life Care Center, spoke about the center being a tax exempt facility
and the challenges that have been made concerning facilities being tax exempt
Questions from the audience none
Speakers in Favor. none
Speakers in Opposition none
The hearing was closed at 10.0 PM
Decision On a Motion by Mr Barnert, seconded by Ms Sheehan, the Board by vote of 5-0
APPROVED THE SPECIAL PERMIT WITH THE FOLLOWING CONDITIONS:
1 Brookhaven will contnbute one thousand dollars annually to the Town to support the position of
Transportation Coordinator
2 Brookhaven will contnbute in two payments of$50,000 each, to be made in concessive years
after completion of the construction, to support the affordable housing efforts in the town The
total payment will be $100,000
3 Brookhaven will construct the retaining wall from natural stone, as designated on the plan
Submitted by Dianne Col-two, Clerk