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HomeMy WebLinkAbout2009-06-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1000 Main Campus Drive, Map 1, Lot IA The Chairman read a letter from Steven Schwartz of Goulston and Storrs representing AvalonBay, requesting to postpone the hearing for an appeal of the Building Commissioner originally scheduled for June 25, 2009 until Thursday, October 22, 2009. The Zoning Administrator, David George, updated the Board as to the progress of the work being done to solve the issues. On a motion by John J, McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to postpone the hearing until Thursday, October 22, 2009 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, June 25, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 30 Moreland Avenue, Map 15, Lot 4 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 Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notices and described information received from the petitioner relative to the petition. Aurel Frattura, owner of the property, presented the petition. The applicant seeks a variance to allow a front yard setback of 17 ft instead of the required 30 ft front yard setback to construct a 24 -ft by 36 -ft detached garage. Mr. Frattura explained they were going to take down the greenhouse to construct the garage. The applicant was granted a variance in 2003 to construct an attached garage to the primary residence. The variance was never used due to litigation with the contractor at the time. The Board questioned whether there was ledge on the property. It was not known. A Board member had a concern with the additional parking that was being done outside the driveway. The Board discussed and was concerned with how big the proposed garage was going to be and what it is going to be used for. The applicant stated it would be used as a garage and workshop with storage. There were no questions from the audience. Maria Frattura, also an owner of the property spoke to the Board about the proposed project. Bill Babcock of 27 Moreland Avenue spoke in favor of the project. No one spoke in opposition of this petition. BOA Meeting, June 25, 2009 3 The hearing was closed at 7:45 pm. The Board was uncomfortable with the size of the proposed garage. On a motion made by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 0 -5 to approve the variance from section 135 -35, table 2 of the dimensional control, to allow a front yard setback of 17 ft instead of the required 30 ft front yard setback to construct a 24 -ft by 36 -ft detached garage. The request for the variance was denied. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, June 25, 2009 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 11 Rindge Avenue 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 Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, Conservation Administrator. The Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notices and described information received from the petitioner relative to the petition. David Weissburg, owner of the property, presented the petition. The applicant seeks a variance from section 135 -67 to allow a driveway with a setback of 1.2 ft instead of the required 5 ft setback. The Board questioned why the driveway could not be moved over, where does the petitioner put snow and discussed the possibility of moving the driveway up along side of the house 5 ft so that the petitioner could fit 2 cars without being on the town's right of way. The applicant updated the proposed plans at the hearing to show an increase of 5 -ft in the length of the driveway to the side of the house. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:57 pm. On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0 to approve the variance from section 135 -67 to allow a driveway with a side setback of no less than 3 -ft instead of the required 5 -ft setback Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, June 25, 2009 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1666 Massachusetts Avenue, Map 48, Lot 30A 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 Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, Historic District Commission Clerk, Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:57 pm by reading the legal notices and described information received from the petitioner relative to the petition. Letters of support were received from Sundial Bookstore, the past tenant of the building; Sharon Spaulding of Spaulding Management and MaryJo Bohart of the Lexington Chamber of Commerce. Colin Smith, owner of the business, his Attorney Howard Levin, and Sharon Spaulding, Principal at Spaulding Management presented the petition. The applicant seeks a variance in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -16A, Table 1: Permitted Uses and Development Standards, Part B, Section 6.21 to allow a street level office in the CB zoning district. Mr. Smith is presently an occupant in the building and is looking for a larger space. Attorney Levin explained the need for the Dimensional Variance's hardship as to the size and shape of the building and the unit being away from the streetscape. The door to the unit is not visible from the street. When asked by the Board why this was not a use variance Attorney Levin explained his interpretation of 6.1 and 6.2 of the development standards and his reasoning of why it is a dimensional issue. 6.1 allows the use, 6.2 does not allow the use at street level. His question to the Board is to determine what is the concept of street level. The Board discussed further the allowed uses under the by law use sections 6.1 and 6.2 for the Center Business District and the intent of the language. BOA Meeting, June 25, 2009 6 The Board questioned the History of the building use and the Sundial Bookstore sales history. Ms Spaulding spoke of the challenge of businesses not being directly on the street. They have not been able to rent the space since Sundial moved out 2 years ago. Having the space vacant for two years was more of a negative than the proposed use of the space. There were no questions from the audience. David Weissburg of 11 Rindge Avenue spoke in favor of the petition. No one spoke in opposition. The hearing closed at 8:20 pm. On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the board voted 5 -0 to grant the variance to allow a street level floor office in the Central Business District at the location shown on application for 1666 Massachusetts Avenue. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, June 25, 2009 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 480 Lowell Street, Map 54, Lot 77 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 Administrator, the Historic Districts Commission Clerk and the Design Advisory Committee. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:20 pm by reading the legal notices and described information received from the petitioner relative to the petition. William Devereau, representing Country Side Bible Chapel, presented the petition. The applicant seeks a special permit under section 135 -77A (3) to bring an existing sign into zoning compliance. According to information supplied with the application the CBC sign section is a double -sided 60 - in. wide by 39 -'/z in. high sign. A second section is a double -sided 39 -'/z in. wide by 15 in. high sign — both as shown in photographs submitted with the application. The Chapel recently discovered that the sign, installed in 1959, did not have a special permit. The sign has been illuminated from the ground since 2002. The Board asked about what hours the sign is illuminated. The lights are set on a timer that goes off at 11:00 pm. There were no questions from the audience. A member of the church, Dan Hayes of 400 Fellsway, Malden spoke in favor of the petition and spoke of the long history of the church. No one spoke in opposition. The hearing closed at 8:25 pm. BOA Meeting, June 25, 2009 8 On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the board voted 5 -0 to grant the special permit under section 135 -77 (A) (3) to allow a free standing sign at 480 Bedford Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, June 25, 2009 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 3 Paul Revere Road, Map 51, Lot 129 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 Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:25 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney David Fulmer presented the petition for the owners Nicholas and Cynthia Alex. The applicant seeks a special permit from section 135 -19 D to allow an accessory apartment. The Board asked the petitioner to clarify the breezeway /family room on the plans that are attached to the main dwelling. The Chairman told the petitioner that generally the Board puts as a condition that the accessory apartment must be used by a family member and asked if this was a problem. The applicant had no problem with that condition. There were no questions from the audience. Attorney John McElhart, representing abutters to the petitioner, Ralph and Drusilla Hanson of 2643 Massachusetts Avenue spoke regarding possible opposition to the petition. Attorney McElhart presented the Board a list of proposed conditions that would alleviate any concerns the Hanson's had. The Chairman addressed a concern with lighting stating if the lighting is in violation of the Lexington By Laws then he would not feel comfortable making a condition to allow something that is illegal. Mr. Hanson addressed the Board with concerns relating to the light that shines into his property. BOA Meeting, June 25, 2009 10 Drusilla Hanson spoke to the Board concerning the cars that park next to the apartment along the retaining wall. One of the Board members addressed each of the concerns and stated that there has been a history of neighborhood problems. The Board discussed conditions and questioned how would the conditions be enforced and by who. Nicholas and Cynthia Alex of 3 Paul Revere Road spoke in favor of the petition. The hearing was closed at 8:55 pm. On a motion by Judith J. Uhrig and seconded by Carolyn C. Wilson, the Board voted 5 -0 to approve the Special Permit from section 135 -19 (D) to allow an accessory apartment with the following conditions: 1. Only family members shall occupy the accessory apartment. 2. The owner of the premises shall continuously maintain the row of arborvitaes that currently exist on the property. 3. The overhead light that currently exists on the rear of the dwelling shall be put on a motion sensor and maintained with said motion sensor. 4. There shall be no parking beyond the current edge of pavement as shown on the plan submitted dated September 28, 2008. 5. The foregoing conditions shall be binding upon the owner and his successors and assigns. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, June 25, 2009 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 54 Oak Street, Map 14, Lot 17 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 Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:56 pm by reading the legal notices and described information received from the petitioner relative to the petition. Roy Gould, owner of the property, presented the petition with his Architect, Mark Wagner. The applicant seeks a variance to allow a front yard setback of 19.6 ft instead of the required 30 ft front yard setback and 2 Special Permits from section 135 -29A to allow modification to a nonconforming structure within the front and side yard setbacks. The Board asked the petitioner how they get out of the driveway, had they considered a horseshoe driveway and asked if they were clearing any trees. The petition had replied they were not planning on taking any trees down but would need to if they were to do a horseshoe driveway. There were no questions from the audience. William Bicknell of 50 Oak Street spoke in support of the petition. No one spoke in opposition. The hearing closed at 9:02 pm. BOA Meeting, June 25, 2009 12 On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve the Variance from section 135 -35, table 2 of the Dimensional Controls to allow a front yard setback of 19.6 instead of the required 30 ft front yard setback. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to grant 2 Special Permits from section 135 -29A to allow modifications to a nonconforming structure within the front and side yard setback. Other Business: On a motion by Carolyn C. Wilson and seconded by Judith Uhrig, the board voted 4 -0, with John J. McWeeney excusing himself from the vote, to approve the May 28, 2009 meeting minutes. The Chairman read a letter from the owners of 14 Lisbeth Street requesting an extension to a special permit that was granted July 26, 2007. On a motion by Judith J. Uhrig and seconded by Carolyn C. Wilson, the Board voted 5 -0 to approve the extension for one year. This special permit will expire on July 25, 2010.