Loading...
HomeMy WebLinkAbout2010-02-11-ZBA-min Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall February 11, 2010 Board Members Present Chairman Nyles N Barnert, John J, McWeeney, Arthur C Smith, Carolyn C Wilson and Martha C Wood Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 36 James Street, Map 90, Lot 77 The Chairman read a request from the applicant, Vivant Chan, to withdraw the petition for a variance without prejudice On a motion by Martha C Wood and seconded by Carolyn C Wilson, the Board voted 5- 0 to accept the withdrawal (without prejudice) for a variance at 36 James Street. Submitted by Dianne Camaro, Administrative Clerk BOA Meeting,Februarti 11 2010 2 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall February 11, 2010 Board Members Present Chairman Nyles N Barnert, John J, McWeeney, Arthur C Smith, Carolyn C Wilson and Martha C Wood Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 71 Bow Street, Map 20, Lot 90 This hearing was continued from December 10, 2009 to allow the applicant's attorney to supply additional information responding to questions the Board had at its last meeting and to allow the Town of Lexington's legal counsel to comment on the petition. Attorney Donna Jalbert Patalano, representing the owners of the property Dianne and Anthony Augustine, presented the petition. Regarding the applicants additional information, the ZBA sought to know the following 1 Documentation on the creation of the paper street and, 2 Documentation on the creation of the new Melrose Ave The following information was supplied 1 Exhibit 1 1921 Deed- Mustascio to Moretti, describing locus (lots 137 and 138) 2 Exhibit 2 1926 Plan of Arcadia Ave showing the paper street, Melrose Ave 3 Exhibit 3 1949 Plan of Part of Bow Street and Order of Taking/Vote of Acceptance for abandonment of portions of Arcadia Avenue and creation of Bow Street. 4 Exhibit 4 1965 Plan of Melrose Ave showing existing Melrose Avenue 5 Exhibit 5 1978 Deed J.M. Augustine and M. Augustine to A. A. Augustine and D J Augustine containing reference to foot path. Lexington legal counsel, Kevin Batt and Ryan Pace reviewed the petition and the information presented. In their opinion Ms Patalano has not been able to rule out a reasonable possibility that others continue to have rights to use the footpath. The Board is not an ideal forum for the adjudication of the private property rights claim here Nor does it need to reach a conclusion on such rights to be able to justify retention of the condition, since it is conceded that at least some persons other than the Augustines have a right to use the footpath. Indeed, the Augustines have other legal remedies available to determine what right to use the footpath, if any, continue to exist Moreover, the findings that supported the variance— of no negative impact on the neighborhood and no substantial derogation from the intent of the by-lay — depended in part on the condition that was imposed. The basis for the grant of the variance could be called into question if the condition were now released. BOA Meeting,Februarti 11 2010 3 A Board member asked Attorney Patalano if the Augustines were planning on obstructing the footpath. She did not believe so Another Board member commented that when the condition was put into place in 1997 the owners' certified plot plan had a 7 ft wide foot path across the property There was discussion between Attorney Patalano and the Board regarding the footpath and the paper street The Board discussed what the 1997 Board might have had in mind in making this condition and the incorrect information that had been presented to them at the time This Board also does not want to get rid of the footpath. A member of the Board commented that the legality of the foot path is not what is before the Board for consideration. There were no questions from the audience The hearing closed at 7 54 pm. On a motion by John J McWeeney and seconded by Arthur C Smith, the Board voted 5- 0 to remove the condition of a previously granted variance to provide cobblestone striping as requested by the applicant Submitted by Dianne L. Camaro, Administrative Clerk BOA Meeting,Februarti 11 2010 4 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall February 11, 2010 Board Members Present Board Members Present Chairman Nyles N Barnert, John J, McWeeney, Arthur C Smith, Carolyn C Wilson and Martha C Wood Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 2243 Massachusetts Avenue, Map 50, Lot 158B 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 55 pm reading the legal notice and described information received from the petitioner relative to the petition. John and Beverly Shank, owners of the property, presented the petition. The applicant is requesting a variance in accordance with section 135-35 A, Table 2 of the Dimensional Controls to allow a side yard setback of 18 25 ft instead of the required 20 ft corner lot setback. Mr Shank presented the Board with photo renderings of the addition he is proposing. The Board asked if a door into the garage was to remain. There were no questions from the audience No one spoke in favor or in opposition to the petition. The hearing was closed at 8 01 pm. On a motion by Arthur C Smith and seconded by Carolyn C Wilson, the Board voted 5- 0 to approve the variance to allow a side yard set back of 18 25 ft instead of the required 20 ft corner lot side setback as requested by the applicant Submitted by Dianne L Cornaro, Administrative Clerk BOA Meeting,Februarti 11 2010 5 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall February 11, 2010 Board Members Present Chairman Nyles N Barnert, John J, McWeeney, Arthur C Smith, Carolyn C Wilson and Martha C Wood Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 46 Massachusetts Avenue, Map 13, Lot 12A 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 Director, Selectmen's Office and the Zoning Administrator The Chairman opened the hearing at 8 01 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Thomas Fenn presented the petition for the owner, Rony Sharker The applicant is seeking two special permits, one to allow an establishment for the dispensing of prepared specialized homemade meals with a French and Italian flare for take-out purposes and a second Special Permit for 50% reduction of parking for this business At the hearing Attorney Fenn presented photographs and a letter outlining the request The Board had no questions for the applicant 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 8 10 pm. 1) On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to grant under CH 135 of the Code of the Town of Lexington (Zoning By-Law) a special permit from § 135-11 and § 135-16A, Table 1, Permitted Uses and Development Standards line 9 13 to allow a takeout food service at 50 Massachusetts Avenue subject to the following conditions BOA Meeting,Februarti 11 2010 6 A. Hours shall be from 10 00 am until 9 00 pm, seven days a week. B There shall be no tables and no consumption of food on the premises C No deliveries before 7 00 am or after 8 00 pm. D Trash shall be kept in a locked dumpster E Permit is for one year from the date of opening. It will be the responsibility of the applicant to notify the Board of Appeals clerk in writing of the opening date F Applicant shall be responsible for renewing the special permit 8 weeks before the expiration date On a motion by Carolyn C Wilson and seconded by Arthur C Smith, the Board voted 5- 0 to grant under the Town of Lexington (Zoning By-Law) special permits from § 135- 69A and § 135-11, to allow a 50% reduction in the required number of parking spaces at 50 Massachusetts Avenue Submitted by Dianne Camaro, Administrative Clerk