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HomeMy WebLinkAbout2009-11-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Martha C. Wood and Associate Member Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1987 Massachusetts Avenue, Map 57, Lot 9B 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 Historic Districts Commission Clerk. Comments were received from the Planning Department, The Historic District Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. A letter of support was received from 1998 Massachusetts Avenue. Bernie Lanquist, representing St. Bridget's Church, presented the petition. The applicant is requesting a special permit in accordance with section 135 -78 to replace the existing sign, add a second sign (new), and install a temporary sign as shown on plans submitted with the application. The applicant indicated the two permanent signs would mark the location of the two primary buildings. The temporary sign would alert the community to events that occur approximately 9 times a year. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing closed at 7:34 pm. Decision On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5 -0, to grant a special permit under section 135 -78D in accordance with section 135 -11B to allow three signs: a new standing sign to replace the existing sign, a new standing sign, and a temporary sign, per the plans submitted, at 1977 -1987 Massachusetts Avenue. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, November 12, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Martha C. Wood and Associate Member Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 41 Meriam Street, Map 56, Lot 167 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 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Danna Steinberg, owner of the property, presented the petition. There were five letters of support submitted with the application and three additional letters of support presented at the hearing. The applicant is requesting a variance in accordance with section 135 -35 (A), Table 2, Schedule of Dimensional Controls, to allow a front yard setback of 25.6 ft instead of the required 30 ft front yard setback. The irregular lot was explained as the hardship for this variance. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:40 pm. On a motion by John J. McSweeney and seconded by Martha C. Wood, the Board voted 5 -0 to GRANT a VARIANCE from the Code of the Town of Lexington (Zoning By- Law) Table 2, Schedule of Dimensional Controls in accordance with section 135 -1OB to allow a front -yard seback of 25.6 -ft. instead of the required 30 -ft. front -yard set back at 41 Meriam Street. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, November 12, 2009 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Martha C. Wood and Associate Member Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 268 Bedford Street, Map 71, Lot 67B 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 7:40 pm by reading the legal notice and described information received from the petitioner relative to the petition. Charles Rzepka, owner of the property, presented the petition. The applicant is requesting a special permit from section 135 -39 B (1) to allow an 8 -ft. tall fence to be located on the southern lot line instead of the maximum 6- ft. -6 -in. fence. At the hearing Mr. Rzepka presented photographs of parked and stored vehicles on their next door neighbor's property. He is requesting the fence to insure privacy from this property. The Board asked how long the applicant had lived at the address, how long had the neighbor had been storing cars there and if the neighbor was running a business out of the house. The applicant told the Board there has been a problem with the additional vehicles for about two years and that the neighbor is an electrician. The Board asked the Zoning Administrator if he knew how many, if any, illegal vehicles were parked there. The applicant did not seek an enforcement action relative to the condition of the adjacent property. The Zoning Administrator had no reason to investigate this. The Board had confirmed the railing fence would be taken down and that there were no trees being removed. There were no questions from the audience. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:46 pm. BOA Meeting, November 12, 2009 4 On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5- 0 to GRANT a VARIANCE from the Code of the Town of Lexington (Zoning By -Law) section 135 -39B in accordance with section 135 -1OB to allow an 8 -ft. tall fence, slanting down to a 3 -ft high section, instead of the maximum allowed 6 -ft. 6 -in fence to be located on or near the side -yard lot at 268 Bedford Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, November 12, 2009 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Martha C. Wood and Associate Member Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 82 Cliffe Avenue, Map 20, Lot 41 The Chairman read a letter dated November 12, 2009 from Westchester Homes, representing Andrea Bell, requesting to postpone the hearing for two variances until December 10, 2009 at 7:30 pm. On a motion by John J, McWeeney and seconded by Martha C. Wood, the Board voted 5 -0 to postpone the hearing until Thursday, December 10, 2009 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, November 12, 2009 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Martha C. Wood and Associate Member Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 36 James Street, Map 90, 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 and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 7:47 pm by reading the legal notice and described information received from the petitioner relative to the petition. The Board received a letter of concern from Samuel and Margaret Chen of 18 Fox Run Lane. Vivant Chan, representing the owner of the property Rui Hui Li, presented the petition. Mr. Chan is requesting a variance from section 135 -38 (A) 2 to allow a side -yard setback of 2.9 -ft. instead of the required 7.5 -ft. side -yard setback. The applicant seeks to tear down the existing garage and reconstruct the garage to a greater dimension than the existing structure, as shown on plans submitted with the application. Additionally, the proposed structure would contain living area. The plan was originally to do minor renovations but they found out some of the structure was not built to code and that the garage was about to collapse. T The Board had numerous questions regarding the plans for the garage, the additional space and how it was going to be placed on the lot. They discussed the grade of the land inside the garage sloping up. The garage needs to be moved because a full size car cannot fit into the garage as it is now because of the grading. The Board also questioned the use of the proposed space, the height of the structure and the changes to be made in the driveway and retaining wall. BOA Meeting, November 12, 2009 7 The applicant said he would design French drains to the dry well in front of the driveway to cover the water run off concerns. There were no questions from the audience. Samuel Chen spoke in opposition of the petition. No one in the audience spoke in favor of the petition. After discussing the concerns of the Board regarding the number of issues not addressed on the plans, it was agreed that the applicant would continue this hearing until December in order to prepare updated plans for the placement of the proposed garage, driveway and drainage system. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5 -0 to continue this hearing until Thursday, December 10, 2009 at 7:35 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, November 12, 2009 g Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Other Business: 1) On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5 -0 to approve the October 22, 2009 minutes. 2) On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board voted 5 -0 to approve the 2010 Calendar for Board of Appeal hearings. 3) On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5 -0 to approve the 540 Lowell Street (Rising Tide) project's interior drive name to Courtyard Place. 4) The Board met with Center Committee members to discuss proposed changes to the Center Business District Zoning. Center Committee Members attending were: Chairman - Jerold Michelson, Howard Levin, Fred Johnson and Richard Brown. The Committee discussed the need for the changes to the Bylaw and issues relating to attracting new businesses into the Center. They are trying to streamline the time in takes for a new business to open. The Board addressed the concern they have that there would be no other outlet for abutters to address concerns they may have with a new Center businesses and of conditions that the Board may issue that no other committee would address. After discussions, the Board voted 5 -0 to support the Center Committee's requested changes in the Bylaw.