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HomeMy WebLinkAbout2010-03-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 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, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 3 Bates Road, Map 67, Lot 20 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 reading the legal notice and described information received from the petitioner relative to the petition. Robert Bowen of BTR Remodeling presented the petition for the owners of the property, Jane Gu and Yongun Diuan. The applicant is requesting a variance in accordance with section 135-35 A, Table 2 of the Dimensional Controls to allow a front yard setback of 23.5 ft instead of the required 30 ft front yard setback. The applicant seeks to construct a second story addition to the existing structure and an 8- ft. 6-in. by 8-ft. 0-in. entryway at the front of the building, as shown on the plans submitted with the application. The lot shape and location of the structure on the lot limits location choices for the by- right expansion. The building is not built perpendicular to the street. 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 was closed at 7:34 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted to 5-0 to GRANT A VARIANCE from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) section 135-35A, Table 2 of the Dimensional Controls to allow a front- yard setback of 23.5-ft. instead of the required 30-ft. front yard setback at 3 Bates Road. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, March 11, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 11, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member John Gilbert Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 50 Gleason Road, Map 71, Lot 141 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 7:35 pm reading the legal notice and described information received from the petitioner relative to the petition. A written petition of support was received signed by 2 abutters. Jay Eidson, owner of the property, presented the petition. The applicant is requesting a variance to allow a side-yard setback of 9-ft. 2-in. instead of the exempted side-yard setback of 10-ft. and a special permitto allow expansion of a nonconforming structure. The petition purpose is to demolish an existing 5.5-ft. by 4-ft., non-conforming porch and rebuild an addition within the nonconforming footprint. The new addition would be extended into by-right parts of the yard. Also, the applicant seeks to build a bulkhead within the side-yard setback, all as shown on plans submitted with the application. A Board member asked if there was any other location for the bulkhead. The applicant was also asked the hardship which was determined to be the location of the pre-existing non conforming structure on the lot. There were no questions from the audience. No one spoke in opposition of the petition. Robert Dunn of 27 Harding Road spoke in favor of the petition. The hearing closed at 7:38 pm. BOA Meeting, March 11, 2010 3 On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0 to approve the variance to allow a side-yard setback of 9-ft. 2-in. instead of the required 10 ft. side-yard setback On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to grant the special permit to allow demolition and reconstruction of a non- conforming structure. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, March 11, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 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, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 11 Hamblin Street, Map 58, Lot 179 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 reading the legal notice and described information received from the petitioner relative to the petition. Michael Sortor, owner of the property, presented the petition. The applicant is requesting a special permit from section 135-29A to allow expansion of a nonconforming structure. Mr. Sortor presented the Board with photographs of his home and explained the construction he is proposing. The Board asked if he was expanding the footprint. He replied that he was not. There were no questions from the audience. No one spoke in favor of the petition. Suyue Wang of 8 Homestead Street presented the Board with a presentation and pictures in opposition to the petition. The hearing was closed at 8:02 pm. On a motion by Martha C. Wood and seconded by Carolyn C. Wilson, the Board voted 5- 0 to grant the special permit to allow expansion of a non conforming structure. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, March 11, 2010 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 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, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 33 Hayden Avenue, Map 16, Lot 1C The Chairman read a request from the applicant, James Hoyt for Clear Wireless, LLC, to postpone the hearing until April 8, 2010. On a motion by Martha C. Wood and seconded by Carolyn C. Wilson, the Board voted 5- 0 to accept the postponement of the hearing until April 8, 2010 as requested by the applicant. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, March 11, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 11, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member John Gilbert Associate Members also attending: Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 100-600 Patriots Way, Map Lot The Chairman opened the hearing at 7:40 pm reading the legal notice and described information received from the petitioner relative to the petition. The Board received comments from: Conservation, Selectmen’s Office, Fire Department, Engineering, The Design Advisory Committee, Noise Advisory Committee and the Zoning Administrator Part of this hearing was continued from February 1, 2010. The applicant seeks: 1) a Special Permit with Site Plan (SPS) Review for the proposed building at 200 Patriot Way pursuant to section 135-12 (in accordance with sections 135- 13 and 14C) and the Amended Preliminary Site Development and Use Plan (Amended PSDUP) approved for the CD-10 zoning district by November 2009 Special Town Meeting and the Definitive Site Development and Use Plan (DSDUP) based on the Amended PSDUP pursuant to sections 135-42(B) and 42(F); and 2) determination whether the DSDUP substantially conforms with the amended PSDUP for the project site. Attorney Robert Buckley presented the petition for the applicant, Shire HGT, Inc. Also present was Jim Winiarski of Shire Pharmaceuticals, Attorney Peter Corbett of Goulston & Storrs, John Hart, Civil Engineer with Symes Maini & McKee Associates, and Michael Giardina Design Principal with Kling-Stubbins. Attorney Buckley summarized the Committees and Boards they have met with the last two months. They feel confident they have addressed all issues. John Hart, Civil Engineer with Symes Maini & McKee Associates, walked thru changes in the designs that took place from all the discussions. There was no significant large civil engineering changes, most changes were in the landscape design. Attorney Buckley said for the Board’s convenience they have a written response from written questions and concerns summary they addressed with various boards and committees that will be submitted for the records. BOA Meeting, March 11, 2010 7 Charlie Hager spoke of the landscape changes which were discussed with the Design Advisory Committee. The DAC had 3 main areas of concern: 1.The open space between the 200 & 300 buildings. They developed new system of walkways between buildings. 2.The main courtyard space. They reduced the size of the area maintaining appropriate space for company functions. 3.DAC felt along loop road abutting Rte 2 landscaping was too formal in nature. They re-spaced trees in an informal manner and continued with under story planting for head lights screening. DAC felt all their concerns had been addressed. Attorney Buckley spoke of the two actions before the Board 1) Site plan special permit for the 200 Building and 2) the Definitive Site Development and Use Plan which needed should be addressed first. Asked John Hart to walk the Board thru the Definitive Site Plan. Most significant change is the configuration of Building 200. Chairman Barnert requested them to identify portions in the DSUP which are not going to be implemented immediately. When and if Buildings 100 and 600 are built then that will necessitate the parking garages on the plan. The roads are in place and the utilities will be upgraded. The Chairman commented that they had not addressed the fire access road. As part of development of 200 they need to bring in an additional electrical circuit which they are in the process of designing to come in thru the emergency excess road. They have spoken with conservation as part of this work they will reconstruct the top of the emergency access road. The road is now gravel and not up to heavy traffic. Will resurface with hard gravel and will be 12 feet wide. They are working with Conservation to incorporate the road into the trail system. They will work with the fire department on the gate. Board members asked if there was a clearance issue for emergency vehicles and what kind of access was going to be available to the neighbors. Pruning has been done along the road. Access will be similar to the bike path. No vehicles will be permitted. The Chairman asked about the noise issue. The applicant has met a number of times with the Noise Advisory Committee to establish methodology for baseline. Noise consultants were present at hearing and have reached an agreement with the Noise Advisory Committee to establish baseline. Testing will be conducted in the next few weeks. Measurements will be taken beyond the property line and will take 2 area measurements in the neighborhood. At the discretion of the Board the results will be subject to peer review to make sure methodology was employed. One of the Board members asked about the Engineering comments on Ross Road. The Engineering Department had requested the Board to condition Patriot Partners to help pay for a waste water flow discharge issue near Ross Road. The Board questioned why since Ross Road is not anywhere near the development. BOA Meeting, March 11, 2010 8 During testimony the following addressed the Board on behalf of their Committees: 1.Jean Krieger of the Noise Advisory Committee clarified noise by-law questions for the Board regarding the cap for noise level. 2.Gregory Zerlo, Chairman of the Planning Board, highlighted items the Planning Board had for recommendations. The following abutters addressed the Board with questions and concerns: 1.Vickie Blier of 41 Shade Street had concerns with the criteria of the noise measurements and asked the board to consider a stricter standard to the noise by- law. Spoke of newer noise by-laws in Belmont and Devens. Also spoke on window coverings. 2.Michelle Ciccolo of 50 Shade Street asked the Board to consider implementing 3 conditions: 1) Construction to start an hour later on Saturdays; 2) Landscape to be planted by a certain time and required to be maintain 3) That the developer be required to have better quality window treatments. 3.Tom Whelan of 23 Shade Street and a member of Conservation Stewarts would like to request site plans show a proposed trail. 4.Richard Canale of 29 Shade Street asked the Board not to close hearing so that additional information not yet available can be reviewed. There has been no official response posted on rezoning and thought abutters should have time to be able to review it. Mr. Canale spoke of his concerns with the special permit changes for building 300 and 400, noise conditions and criteria’s, landscaping, the trail system and lighting measurements. 5.Ed Neidorf of 34 Shade had a concern with the effect of the ambient noise measurement. Once it is done, is ambient level going to be the same (like in ten years) or will it change. The Chairman explained ambient level is with nothing going on at that property. It would be measured with noise due from the area. What they do now has no effect in the future. Has ambient level ever been measured in this area? Chairman doesn’t believe it has. 6.David Manuel of 40 Shade Street spoke of the change in noise since he moved to the neighborhood. Concern with the accumulative effect of the issues that will have an effect of the quality of his life. Asked that the Board to insure that everything they intended to do is done. 7.Phil Jackson, 50 Shade Street has never seen a plan for the trail. Is concerned that no one has ever consulted with them about this trail. Also is looking for a standard for noise issues. 8.Ralph Fleischmann of 28 Shade Street asked about the landscaping by Shade Street. Attorney Buckley asked that it show on record that under no circumstances are they picking and choosing what provisions of the noise by-lay they are adhering to. They are subject to all provisions of the By-law. Attorney Buckley addressed all issues raised by the audience. The Board discussed the main issues they felt would need to be conditioned. They were as follows: BOA Meeting, March 11, 2010 9 1.The location of the trail needs to be defined. (On going meetings are continuing with Conservation) 2.Maintenance and timing of landscaping to be done 3.Lighting restrictions for 200 Building only 4.Noise 5.Light leakage and/or spillage 6.Signage will need to be addressed separately 7.Fire department excess road to be addressed 8.Data from noise review to be peer reviewed – BOA has roll in choosing 9.Additional conditions may be considered after review of Board. Jeanne Krieger confirmed that the protocol ambient sound measurement presented by Shire was fully vented at Noise Advisory Committee meeting on March 2, 2010 and was recommended to be used for the established for the ambient base line by the Noise Advisory Committee. Noise Advisory Committee also recommended that the BOA use a consultant’s help to evaluate the methodology and interpret the results. One of the Board members felt the Board had a lot of information and what was now needed was time to review. Discussion followed as to whether to close the hearing or keep open to be able to receive additional information at the hearing. The Board was not ready to write conditions tonight. It was felt additional time may be needed to discuss conditions with abutters and the applicant further. Some of the members felt it would be better to have a draft of conditions and then be able to go over them in an open hearing. Board agreed to forward conditions to the Zoning Administrator over next 2 weeks to comply conditions to deliberate at next hearing. Richard Canale and Michelle Ciccolo spoke to ask to wait to close hearing so they may have the opportunity to review reports from the Noise and submit any additional concerns or comments they may have. No one seconded a motion by Carolyn C. Wilson to close the hearing on the DSUP; therefore the hearing will be continued until March 25, 2010 on both the DSUP and the Special Permit. The Chairman’s expectation is that the hearing will be closed and the Board will deliberate on conditions at that hearing. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, March 11, 2010 10