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HomeMy WebLinkAbout2010-03-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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: 1000 Main Campus Drive, Map 1, Lot 1A 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 dated July 14, 2008. The hearing had been postponed on December 11, 2008, January 22, 2009, March 26, 2009, June 25, 2009, October 22, 2009 and January 28, 2010. They are now requesting to postpone the hearing scheduled March 25, 2010 until Thursday, May 13, 2010. On a motion by Martha C. Wood and seconded by Arthur C. Smith, the Board voted 5-0 to postpone the hearing until Thursday, May 13, 2010 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, March 25, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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: 21 Shade Street, Map 25, Lot 127 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, Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:38 pm by reading the legal notice and described information received from the petitioner relative to the petition. Yunkang Xu, owner of the property, presented the petition. The applicant is requesting a variance in accordance with section 13567A, to allow a driveway setback of 1 ft 9 inches instead of the required 5 ft. The Board questioned if the structure was a new house. The Board had a concern with the run-off going into the neighbor’s property because of the pavement slanting. The applicant was told of the by-law that states there will be no run-off from one property to another. When asked what was unique about this property to allow a variance, the applicant responded that his lot is long and narrow. The applicant explained that he had built drainage in the back yard. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:45 pm. BOA Meeting, March 25, 2010 3 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted to 0-5 to GRANT A VARIANCE from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) section 135-67A to allow a driveway setback of 1 ft 9 inches instead of the required 5 ft. This variance was denied. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, March 25, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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: 22 Middle Street, Map 34, Lot 61 & 62 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 7:46 pm by reading the legal notice and described information received from the petitioner relative to the petition. Carol Oldenburg, Architect for the owner, Donna Smatlak, presented the petition. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35A, Table 2 of the Dimensional Controls, to allow a side-yard setback of 5.7 ft instead of the required side yard setback of 15 ft. to allow for a new bathroom and to update kitchen. Mr. Oldenburg presented a rendering of the proposed one-story addition to the rear of the existing structure as shown in the plans submitted with the application. The applicant will be removing the pavement in the backyard. The applicant indicated the shape of the lot and the location of the dwelling and garage as the hardship for this variance. A Board member asked how many square feet of impervious surface was being removed. The applicant answered 580 ft. David Mael of 18 Middle Street requested to see the plans for the addition. John Lahiff of 51 Cary Avenue asked what effect this addition would have on the lot next door. The lot is owned by the applicant and the addition will have no effect on the lot. No one spoke in opposition of the petition. David Mael of 18 Middle Street spoke in favor of the petition. The hearing closed at 7:55 pm. BOA Meeting, March 25, 2010 5 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to approve the variance to allow a side-yard setback of 5.7 ft instead of the required side yard setback of 15 ft. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, March 25, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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: 69 Woburn Street, Map 48, Lot 251B 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 7:56 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect William Erickson presented the petition for the owners of the property, Steven Johnson and Jane Buchbinder. Mr. Erickson explained originally there were 2 homes on the property. The lots were split by a Planning Board decision. This action made this lot non-compliant to current zoning regulations. To cure the compliance issues associated with creation of the lot the applicant is requesting variances under Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) §135-35A and § 135-10B for the following: a.To allow a side-yard setback of 3-ft. instead of the required 15-ft. b.To allow a side-yard setback of 3-ft. instead of the required 15-ft. c.To allow a front-yard setback of 13.3-ft. instead of the required 30-ft. d.To allow frontage of 23-ft. instead of the required 150-ft. e.To allow lot area of 7,874 sq. ft. instead of the required 30,000 sq. ft. One of the Board members could not understand how the lot was split to be a buildable legal lot. Mr. Erickson assured the Board member the lot was legal. These are the second owners since the split. Mr. Erickson presented the Board with a memo from Attorney Edmund Grant explaining the split. There were no questions from the audience. BOA Meeting, March 25, 2010 7 Palar Garcia Cabrera of 75 Woburn Street and Diane Dailey of 76 Woburn Street spoke in favor of the petition. A letter of support was presented was received from Elizabeth Rockwell of 71 Woburn Street. No one spoke in opposition of the petition. The hearing was closed at 8:19 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5 to 0 to GRANT the VARIANCES, listed below, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-35A and § 135-10B at 69 Woburn St. for the following: a.To allow an interior side-yard setback of 3-ft. instead of the required 15-ft. b.To allow an exterior side-yard setback of 3-ft. instead of the required 15-ft. c.To allow a front-yard setback of 13.3-ft. instead of the required 30-ft. d.To allow frontage of 23-ft. instead of the required 150-ft. e.To allow lot area of 7,874 sq. ft. instead of the required 30,000 sq. ft. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, March 25, 2010 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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 Cart Path Lane, Map 2, Lot 1K 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 Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:20 pm by reading the legal notice and described information received from the petitioner relative to the petition. Joe Casey, the Construction Manager, presented the petition for Lexington August Realty Trust. The applicant applied for a building permit to construct a three (3) story single family dwelling at the site. Under chapter 135 of the Code of The Town of Lexington (Zoning Bylaw) § 135-35A and Table 2: Schedule of Dimensional Controls limits new single- family residential construction to two and one half (2.5) stories in maximum height. The building permit was denied through a February 1, 2010 letter from the Building Commissioner to the applicant. The applicant is appealing the denial of this building permit questioning the bylaw regarding the dormers. The building permit was denied because the proposed plans show the dormers occupy more space than allowed under the Zoning Bylaw. The Building Commissioner, Garry Rhodes, explained to the Board his reason for denying the application. A Board member asked the Chairman for clarification of what the Board was to decide. The Board discussed the intent of the bylaw. There were no questions from the audience. No one spoke in favor or in opposition of the petition. BOA Meeting, March 25, 2010 9 The hearing was closed at 8:32 pm. On a motion Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 2-3 BUILDING to overturn the decision of the Building Commissioner. The decision of the COMMISSIONER STAYS. Arthur C Smith and Nyles B. Barnert voted in favor of the petition; John J, McWeeney, Carolyn C. Wilson and Martha C. Wood opposed the petition. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, March 25, 2010 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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: 6 Meriam Street, Map 56, Lot 62 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 Communications Advisory Committee and the Design Advisory Committee. Comments were received from the Communications Advisory Committee, Design Advisory Committee, the Building Commissioner, the Historic District Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:32 pm reading the legal notice and described information received from the petitioner relative to the petition. David Archambault, representing the applicant Sprint-Clearwire, presented the petition. The applicant is requesting a special permit from section 135-88C (2) (a) to install a wireless broadband facility. Mr. Archambault will be presenting this project to the Historic Districts Commission on April 1, 2010. The Design Advisory Committee and the Communications Advisory Committee had no issues with this facility. A Board member asked about the wireless high speed service. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:37 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to grant the special permit to allow the installation of a wireless broadband facility. BOA Meeting, March 25, 2010 11 Submitted by: Dianne L. Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 25, 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 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. BOA Meeting, March 25, 2010 12 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. Charlie Hager spoke of the landscape changes that 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 headlights 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 that 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. BOA Meeting, March 25, 2010 13 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. During testimony the following addressed the Board on behalf of their Committees: 1.Jeanne 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. Canali spoke with 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-law they are adhering to. They are BOA Meeting, March 25, 2010 14 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: 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 Canali 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. BOA Meeting, March 25, 2010 15 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 Other Business: On a motion by Carolyn C. Wilson and seconded by Martha C. Wood the Board voted 4- 0 to accept the minutes of February 11, 2010. During the hearing on 3 Cart Path Lane a Board member asked the Chairman to draft a letter to the Planning Administrator asking for a change in the bylaw clarifying the dormer restriction as a story.