Loading...
HomeMy WebLinkAbout2009-03-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 26, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Property Address: 1000 Main Campus Drive, Map 1, Lot IA The Chairman read a letter, dated March 23, 2009 from Steven Schwartz, Attorney for Avalon Bay requesting the hearing for the review of a July 14, 2008 decision of the Building Commissioner be postponed until June 25, 2009. The applicant has filed with the Conservation Commission for a request for Determination of Applicability. On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5 -0 to postpone the hearing as requested until June 25, 2009 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk March 26, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 26, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1 Vinebrook Road, Map 48, Lot 78B Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Historic Districts Commission and the Zoning Administrator. The Chairman opened the hearing at 7:31 PM by reading the legal notices and described information received from the petitioner relative to the petition. The applicant had requested and the ZBA granted a postponement, from the March 12, 2009 hearing, so that the five - member board could hear the application. Paul Rovenelli, Architect for the project presented the petition for the owner Christian Johnson. The applicant seeks a variance to allow a rear -yard setback of 10.4 ft. instead of the required 15- ft. rear -yard setback. The owner would like to demolish then rebuild the rear stairs in a different location and construct a new trash enclosure. The house is currently nonconforming with respect to front and rear yard setbacks. Because the garbage enclosure would encroach into the rear -yard setback and because the proposed stairs would encroach further into the setback than existing stairs, a variance is required. The reconstructed stairs would be 6.0 ft. by 5.0 ft. and would be located 12.6 ft. from the affected lot line. The trash enclosure would be 6.5 ft. by 3.3 ft. and would be located 10.4 ft. from the rear lot line. The current distance from the rear yard deck to the lot line is approximately 13.0 ft. The applicant indicates the hardship for the variance is the small lot with the existing house constructed in the rear yard. The dwelling is located in a Historic District. The Historic District Commission has approved the submitted plans. The board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing closed at 7:36 pm. March 26, 2009 ZBA Minutes 3 On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the variance in accordance with Zoning By -Law (Chapter 135 -35 of the Code of Lexington) section 135 -35A to allow a rear yard setback of 10.4 ft instead of the required 15 ft rear yard setback at 1 Vinebrook Road. Submitted by: Dianne Cornaro, Administrative Clerk March 26, 2009 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 26, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1835 Massachusetts Avenue, Map 49, Lot 74 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Historic District Commissioner and the Zoning Administrator. The Chairman opened the hearing at 7:36 PM by reading the legal notices and described information received from the petitioner relative to the petition. Brian Oberg of Bohler Engineering, representing TD Banknorth, presented the petition. At the hearing he presented new photographs of the signs. The petitioner seeks to replace the existing bank portion of a freestanding sign with one new double -sided externally illuminated 1.0 -ft. -1 5/8 in. by 2- ft. -1/2 sign. The commercial office signs would not be affected. Because the freestanding sign never received the required ZBA approval, a special permit is required. The proposed freestanding sign would be the same size and in the same location as the existing sign. The applicant also seeks to replace the following signs: one non - illuminated rear -wall sign (over door), one front entryway non - illuminated sign containing brand name and hours of operation, one non - illuminated wall sign marking designated parking spaces, three freestanding designated parking signs (bank only), and three designated parking signs (bank and Crafty Yankee). Neither the wall sign (meets requirements), nor handicapped signs, nor window signs require special permits. Because the above - mentioned signs never received the required ZBA approval, a special permit is required. Since, the signage is accessory not otherwise accounted in the sign by -law, one special permit is needed to account for all signs in this category. The signage is needed so that the bank may effectively brand itself and to update existing signage to reflect the new name of the bank. The Board asked if the sign over the door was to be replaced and if Mr. Oberg was representing the bank for the signs only. There was a concern about the look of the sign on the post and with the plantings in the front of the building. There were no questions from the audience. March 26, 2009 ZBA Minutes 5 No one spoke in favor or opposition of this petition. The hearing was closed at 7:47 pm. On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permits in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -78 (D) and 135 -77 (A) (3) to remove, replace and modify existing signage as presented at the hearing at 1835 Massachusetts Avenue. Submitted by: Dianne Cornaro, Administrative Clerk March 26, 2009 ZBA Minutes 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 26, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: Rte 2, Cambridge Concord Highway, Map 7, Lot 94A Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administration and the Communication Advisory Committee. Comments were received from the Communication Advisory Committee, the Conservation Administrator, the Health Department and the Zoning Administrator. The Chairman opened the hearing at 7:40 PM by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Adam Braillard presented the petition for MetroPCS Massachusetts, LLC. Also attending the hearing were Karla Hanna, Site Acquisition Specialist with Tower Resource Management (consultant to MetroPCS Massachusetts) and Bryan Eicens, Radio Frequency Engineer for MetroPCS Massachusetts. The applicant seeks a special permit to allow installation of a wireless telecommunications facility. The applicant explained they would like permission to install six (6) panel antennas on the existing tower, mounted at 150 -ft above ground level, within the fenced area at the base of the tower two (2) base transceiver system (BTS) cabinets and two (2) battery backup cabinets as shown on plans submitted with the application. A global position satellite antenna would be mounted on the proposed ice tray that would run from the BTS cabinets to the tower and accessory cabling would be run from the antennas to the cabinets A board member asked the applicant if there was more room for more cabinets within the closure and if there was room for anyone else on the tower. The applicant explained there is room for their cabinets in the enclosure but did not know if there was room for anyone else on the tower. The Board also confirmed that the state was the landlord for this facility and the Chairman asked the applicant how close to being at the end of the overall project were they. Attorney Braillard explained he has approximately 3 more that he will be applying for by the end of the month. There were no questions from the audience. March 26, 2009 ZBA Minutes 7 No one spoke in favor or in opposition of the petition. The hearing was closed at 7:55 pm. On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit in accordance with the Zoning By -Law (Chapter 135 -35 of the code of Lexington) sections 135 -88 9A0 910 9d0, 135 -88 (C) (2) and 135 -91 (G) to allow install, operate and maintain a wireless communication facility at Rte. 2 Cambridge Concord Highway, Map 7, Lot 94A for a period of 15 years. This permit will expire on March 31, 2024. Submitted by: Dianne Cornaro, Administrative Clerk OTHER BUSINESS On a motion from Carolyn C. Wilson and seconded from Arthur C. Smith, the Board voted 3 -0 to approve the minutes of the February 27, 2009 hearing.