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HomeMy WebLinkAbout2009-07-23-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 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: 13 Walnut Street, Map 4, Lot 11 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., The Design Advisory Commission and the Communication Advisory Committee. Comments were received from the Design Advisory Committee, the Communications Advisory Committee and 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. Attorney Adam Braillard, representing MetroPCS Massachusetts, presented the petition. Also attending the hearing were: Andy Candiello, Site Acquisition Specialist and Francis Perry from the Radio Frequency Department. The petitioner is seeking a special permit in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -88 (A) (1) ( C), 135 -88 ( C) (2.b) and 135 -91 (G) to install operate and maintain a wireless communication facility. The Board asked about the noise level of the air conditioning units in the cabinets. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:38 On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0 to grant the special permit to install, operate and maintain a wireless facility at 13 Walnut Street for a period of 15 years. This Special Permit will expire on July 23, 1924. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, July 23, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 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: 61 Hancock Street, Map 64, Lot 129A 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 Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:38 pm by reading the legal notices and described information received from the petitioner relative to the petition. Bill Ericsson, Architect for the project, presented the petition for the home homeowners Aaron and Wendy Clayton. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -35A , Table 2 of the Dimension Controls to allow a side yard setback of 11.4ft instead of the required 15 ft side yard setback.. The Board questioned whether there was ledge on the property. It was not known. A Board member asked when the house was built and if any trees would be taken down in the front for the porch. The applicant answered there was one tree in the front that had rotting issues that may be taken down. There were no questions from the audience. No one spoke in favor or in opposition of this petition. The hearing was closed at 7:46 pm. On a motion made by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 0 -5 to approve the variance from section 135 -35, table 2 of the dimensional control, to allow a side yard setback of 11.4ft instead of the required 15 ft side yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, July 23, 2009 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 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: 4 Goffe Road, Map 15, Lot 109 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 7:46 pm by reading the legal notices and described information received from the petitioner relative to the petition. Pramod Handa, owner of the property, presented the petition. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -35A , Table 2 of the Dimension Controls to allow a front yard setback of 23.77 ft. instead of the required 30 ft front yard setback. The Board questioned the hardship. The applicant explained the way the house is situated there was no other place to put the front stairs. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:51 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law section 135 -35A, Table 2 of the Dimension Controls to allow a front yard setback of 23.77 ft. instead of the required 30 ft front yard setback as requested at 4 Goffe Road. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, July 23, 2009 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 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: 73 Meriam Street, Map 63, Lot 45 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 7:51 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Frederick Conroy presented the petition with the owner of the property, Barbara Bushey. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -35A, Table 2 of the Dimension Controls to allow a rear yard setback of 13.8 ft. instead of the required 15 ft rear yard setback to bring a noncompliant addition into zoning compliance. Attorney Conroy explained the materials submitted with the application shows the addition completed. As the surveyor was preparing the as -built plot plan an error in the original plot plan prepared in 2002 was discovered. A wrong marker had been used and the house was built with a corner encroaching into the setback. A Board member had a concern as to why there are so many surveying mistakes made. It was explained that it is not unusual to have it happen due to interpretations of referenced markers used. The Board also asked about a nonconforming shed on the property. The shed has been on the property since before zoning regulations were in effect. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:20 pm. BOA Meeting, July 23, 2009 5 On a motion by John J. McWeeney and seconded by Arthur C. Smith, the board voted 5- 0 to grant the variance in accordance with the Zoning By -Law section 135 -35A, Table 2 of the Dimension Controls to allow a rear yard setback of 13.8 ft. instead of the required 15 ft rear yard setback Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, July 23, 2009 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 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: 1727 Massachusetts Avenue, Map 48, Lot 100 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 Health Department, Selectmen's Office, the Historic Districts Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:01 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Thomas Fenn representing the establishment, Nourish, presented the petition. The applicant seeks a special permit in accordance with section 135 -11 and Table 1, Lines 9.11, 9.12 and 9.13 of the Zoning Bylaw to renew a special permit with the same conditions for a restaurant that had expired. The applicant asked if the Board would consider extending the special permit for an indefiniate amount of time. The Chairman explained the Board gives a special permit for one year so they would have the opportunity to address any issues that came up in the first year of business. One of the Board members asked David George, the Zoning Administrator to clarify to whom the special permit belongs to, the owner of the restaurant or the building. The special permit belongs to the specific storefront and the use runs with the landlord. A Board member asked why the petitioner didn't need a new special permit with a new restaurant when the restaurants needed to get a new license with the Selectmen's office and the Health Department. It was explained that it had to do with the transfer of the liquor license and food permits, which are given to the business rather than the landlord. The Board also asked if the owners would be managing the restaurant. There were no questions from the audience. No one spoke in favor or in opposition of the petition. BOA Meeting, July 23, 2009 7 The hearing closed at 8:15 pm. 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 -11 and Table 1, Lines 9.11, 9.12 and 9.13 of the Zoning Bylaw to renew a special permit for a period of one year 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. The Historic Districts Commission must approve signage and any other exterior changes. 8. This Special Permit is granted for one year and will expire on July 25, 2010. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, July 23, 2009 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 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: 36 Clelland Road, Mapl3, Lot 333 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, the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:15 pm by reading the legal notices and described information received from the petitioner relative to the petition. A letter of support was received from Michael Bruce and Rebecca Greenberg of 32 Clelland Road. Rasko Ojdrovic, owner of the property, presented the petition. The applicant is appealing a decision of the Building Commissioner dated June 15, 2009. The applicant explained to the Board he had moved forward in good faith with plans for building after a 2002 decision by the Lexington Zoning Officer that determined the lots were buildable. The sub - division plans had been accepted by Planning in 2004. The petitioner also explained his family has organized their lives around this project and has gone to great expense bringing in the underground utilities and road improvements that was required by Planning. The petitioner also wanted to address a variance for a set back but was told by the Chairman that the application and the legal notice only addressed the Commissioner's decision. Mr. Ojdrovic will re -apply for the variance. The Board asked the Building Commissioner, Garry Rhodes, to address this petition. Mr. Rhodes explained the lot merger laws have changed and his decision was based on his interpretation of the changes. The Town Council had advised him the lots had been merged under the current law. The Board discussed the issues and the problems with merging lots and what defies a sub division versus building one lot at a time. BOA Meeting, July 23, 2009 9 Mr. Ojdrovic explained the house they currently live in is not part of the sub division plans and explained to the Board the lots that he owned. There were no questions from the audience. Mr. Mike Bruce of 32 Clelland Road spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:26 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to overturn the building permit denial of the Building Commissioner and determine 36 Clelland Road is a buildable lot. Submitted by: Dianne Cornaro, Administrative Clerk Other Business: On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the board voted 5 -0 to approve the June 25, 2009 meeting minutes.