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HomeMy WebLinkAbout2010-04-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Approved 6-24-2010 Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 0 Grove Street, Map 87, Lot 9 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, Historic Districts Commission Clerk and the Communications Advisory Committee. Comments were received from the Building Commissioner, the Conservation Administrator, the Planning Administrator and the Zoning Administrator. Before the Chairman opened the hearing a letter was read from Jennifer E. Lewis of Prince Lobel Glovsky & Tye, LLP representing the applicant, T- Mobile Northeast LLC. The applicant is requesting to withdraw the application without prejudice for a Special Permit in accordance with section 135-88 C (2) (a) to install a wireless communications facility. On a motion by Martha C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to allow the application for a special permit to be withdrawn without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 10 Pelham Road, Map 39, Lot 10 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, Historic Districts Commission Clerk, Design Advisory Committee and the Communications Advisory Committee. Comments were received from the Selectmen’s Office, the Conservation Administrator, Historic District Clerk, the Communication Advisory Committee, Design Advisory Committee 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. Jennifer E. Lewis of Prince Lobel Glovsky & Tye, LLP representing the applicant, T- Mobile Northeast LLC presented the petition. The applicant is requesting a Special Permit in accordance with section 135-88 C (2) (a) to install, operate and maintain a wireless communications facility. The applicant met with the Design Advisory Committee and at the hearing submitted new drawings to the Board to reflect changes in the plans. The Board had questioned if the equipment room was in the building. (It will be in the attic.) Where does the void of service exist? The Radio Frequency Engineer, Denish Dasani, showed a graph and explained the coverage area to 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 7:53 pm. On a motion by Leo P. McSweeney and seconded by David G. Williams, the Board voted 5-0 to approve the special permit in accordance with section 135-88 C (2) (a) to install, operate and maintain a wireless communication facility at 10 Pelham Road subject to the following conditions: BOA Meeting, April 22, 2010 3 1.The term of the permit shall be 15-years. 2.The installation shall be constructed in conformance with the plans submitted with the application. 3.This special permit will expire on April 22, 2025. . Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 177 Bedford Street, Map 64, Lot 75A Before the Chairman opened the hearing a letter was read from Andrew Thompson, Agent for Clearwire, requesting to withdraw the application without prejudice for a Special Permit in accordance with sections 135-88 A (1) (a) and 135-88 C (3) to install a wireless communications facility. On a motion by Martha C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to allow the application for a special permit to be withdrawn without prejudice. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 7 Meriam Street, Map 49, Lot 8A 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 7:55 pm by reading the legal notice and described information received from the petitioner relative to the petition. Hugh Kerr presented the petition for the applicant Balcinder Gahunia, DBA Café India. The applicant is requesting a Variance in accordance with section 165-64 to allow 0 parking spaces instead of the required 9 parking spaces. The Board asked about the parking for all the businesses in the block and had a discussion on parking for the area. Robert Tingley of 14 Cutler Farm Road asked how many tables were there going to be and how the parking spaces were calculated. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:07 pm. On a motion Martha C. Wood and seconded by David G. Williams, the Board voted 5-0 to approve the variance in accordance with section 165-64 to allow 0 parking spaces instead of the required 9 parking spaces. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Members Marilyn Kolb and Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 95 Woburn Street, Map 47, Lot 24 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 Commission Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:08 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect Colin Smith presented the petition for the owner of the property, Ellen Smith. The applicant is requesting the following relief: 1) VARIANCE from section 135-35A, Table 2, Schedule of the Dimensional Controls to allow a side yard setback of 6.7 ft instead of the required 10 ft side yard setback, 2) VARIANCE from section 135-35A, Table , Schedule of the Dimensional Controls to allow a front yard setback of 6.2 ft instead of the required 30 ft front yard setback and 3) SPECIAL PERMIT from section 135-29A to allow a vertical expansion. Mr. Smith explained the project to the Board and told them that they would be going before the Conservation Commission in the next month. It is felt that the hardship is the size and shape of the lot. A Board member asked what proximity to the wetlands was the project. The Board members also asked for clarification of the encroachment to the setbacks, the curb cut change, and the age of the house and if the plans submitted were the same plans going to Building. There were no questions from the audience. Sheila Watson of 12 Oakland Street spoke in favor of the petition. The hearing was closed at 8:27 pm. BOA Meeting, April 22, 2010 7 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant the following relief: 1) VARIANCE from section 135-35A, Table 2, Schedule of the Dimensional Controls to allow a side yard setback of 6.7 ft instead of the required 10 ft side yard setback, 2) VARIANCE from section 135-35A, Table , Schedule of the Dimensional Controls to allow a front yard setback of 6.2 ft instead of the required 30 ft front yard setback and 3) SPECIAL PERMIT from section 135-29A to allow a vertical expansionb subject to the Conservation Commission’s approval. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 14 Cutler Farm Road, Map 25, Lot 4 The Chairman opened the hearing at 8:28 pm reading the legal notice and described information received from the petitioner relative to the petition. 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, the Planning Administrator and the Zoning Administrator. Robert Tingley, owner of the property, presented the petition. The applicant is appealing the Building Commissioner’s denial of Occupancy and Use Permit dated March 31, 2010 for a new single family dwelling the structure. The Occupancy Permit was not granted because the final as-built height of the structure differed from the proposed height of the structure as represented on the building permit plans. According to the Building Commissioner’s letter the as-built plan indicated the house basement floor was set at 100.52 rather than 99.4 as stated in the plans submitted with the Building Permit application. The result is the basement is now considered as a story, which would make the dwelling a three (3) story structure where only 2 ½ stories is allowed. The applicant explained how he had calculated the measurement of the non rectangular foundation and spoke of what he thought to be a communication problem on how the measurements should be calculated. Mr. Tingley used one foot increments all the way around the building by using AutoCAD. The building is off by 4 inches when calculated as the Building Commissioner is requesting it to be done. The Building Commissioner agreed that the applicant could use 4 corners as long as a registered land surveyor certified the results. A Board member asked the applicant to clarify what information the Building Commissioner had requested for the calculations and what was the original grade. The Applicant confirmed the slab was 1 foot higher than on the original plans and felt as the Builder and Architect he should have an answer how it happened but he didn’t know. He said he had met with his contractors and thought everything was being done correctly. BOA Meeting, April 22, 2010 9 Another Board member mentioned that Conservation had issues with the buffer in the back. The applicant spoke of inconsistencies with his inspections and requirements for plantings compared with other new construction in the same area. The Board spoke of the discrepancies in what was being said at the hearing and what had been written by the Building Commissioner in his letter of denial and in a memorandum to the Board. The Board asked the Zoning Administrator to comment on the Building Commissioner’s behalf. Mr. Tingley has applied for a variance to allow a three story structure under a separate application. Mrs. Arena of 12 Cutler Farm Road asked about the plan for drainage and asked the Board to hold this house to the same standard as everyone else. Mrs. Arena also spoke in opposition. Diane Bogosian of 16 Cutler Farm Road also had a concern with the water table with such a large construction. The hearing was closed at 8:53 pm. voted 0-5 On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board to over ride the decision of the Building Commissioner which would make the dwelling a three The decision of the Building (3) story structure where only 2 ½ stories is allowed. Commissioner stands. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 14 Cutler Farm Road, Map 25, Lot 4 The Chairman opened the hearing at 8:53 pm reading the legal notice and described information received from the petitioner relative to the petition. 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, the Planning Administrator and the Zoning Administrator. Robert Tingley, owner of the property, presented the petition. The applicant is requesting a variance from section 135-30 of the Code of Lexington to allow a 3 story structure instead of the 2 ½ stories required. The Building Commissioner had denied an Occupancy Permit for the structure because the final as-built height resulted in a three-story structure instead of the 2 ½ stories represented on the building permit plans. The petitioner had appealed this decision to the Board of Appeals and they voted to uphold the Building Commissioners decision. The applicant presented his request for the variance stating the steep slope of the property and the high water table as the hardship for the variance. A Board member asked about the drainage change that had been commented on. The applicant changed a dry well from the original plans for more clearance above the water table. One of the Board members asked the applicant if he had problems with water in the basement. The applicant explained a drain system that he built into the slab. Mrs. Arena of 12 Cutler farm Road asked if there was no water in the basement then why a scheduled open house was cancelled due to water in the basement. The applicant explained there had been an incident due to a landscape issue but it has been corrected. Peter Connor of 13 Cutler Farm Road was confused on the height of the structure and asked for clarification. The Chairman of the Board explained that it was not because of the height of the structure but because of the slab measurement the structure was 3 stories rather than the 2 ½ stories required. BOA Meeting, April 22, 2010 11 No one spoke in favor. Mrs. Arena of 12 Cutler Farm Road spoke in opposition of the petition. The hearing was closed at 9:10 pm The Board discussed at length the feeling of being pressured into having to grant a variance because of problem once a house is done. Members felt it was setting a bad precedence approving a 3 story structure because of a miscalculation. They spoke of what other recourse they had and that the applicant had not provided with certified calculations. Martha C. Wood made a motion that was seconded by David G. Williams to grant the variance During the discussion of this motion the majority of the Board felt it would be better continue the hearing so they would be able to hear from the Building Commissioner in person before they make their decision. One Board member felt it would not make a difference to hear from the Building Commissioner. On a motion by Martha C. Wood and seconded by Marilyn Kolb, the Board voted 5-0 to reopen the hearing in order to continue the hearing until May 13, 2010 in order to have the Building Commissioner present at the hearing. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 22, 2010 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 22, 2010 Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate Members Marilyn Kolb, Leo P. McSweeney and David G. Williams Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 330 Woburn Street, Map 16, Lot 1C Before the Chairman opened the hearing a letter was read from Mark T. Vaughn requesting to postpone the hearing for the construction of a TD Bank until Thursday, May 13, 2010. On a motion by Marilyn Kolb and seconded by Leo P. McSweeney, the Board voted 5-0 to postpone the hearing until Thursday, May 13, 2010. Submitted by: Dianne Cornaro, Administrative Clerk