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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