HomeMy WebLinkAbout2010-05-13-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Approved 6-24-2010
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: l000 Main Campus Drive, Map 1, Lot 1A
Before the Chairman opened the hearing a letter was read from Steven Schwartz of Goulston
and Storrs, representing Avalon Bay Communities, requesting the application for the appeal of
the Building Commissioner’s decision be withdrawn without prejudice.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to
allow the application to appeal a decision be withdrawn without prejudice.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate
Members Marilyn K. Kolb, 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: 14 Cutler Farm Road, Map 25, Lot 4
This hearing had been continued from the April 22, 2010 hearing.
Attorney Patricia Nelson presented the petition for the owner of the property, Robert Tingley.
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 maximum.
Attorney Nelson spoke of the financial hardship the applicant is experiencing because of not
being able to receive the Occupancy permit for this home. She outlined the grounds for the
variance.
The Board asked to hear from the Building Commissioner Garry Rhodes.
Mr. Rhodes explained the process for determining the natural grade the way it is explained in
the Lexington By Laws. He also explained the information he received from the developer and
the after built requirements.
Board members confirmed with the Commissioner that the foundation was correct at the
beginning but when the structure was finished it was wrong. They also asked what was the
distance raised and what the actual distance was between the slab to the first floor.
A Board member asked the Commissioner to explain the definition of a story.
There were no questions from the audience.
Joe Adler of 22 Village Circle asked the Board if the Bylaws made any consideration for
economical reasons.
Thomas Taranto spoke in favor of the petition.
No one spoke in opposition
The hearing was closed at 7:53 pm.
On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted, 5 to 0,
to approve the variance in accordance with section 135-30 to allow a 3 story structure instead
of the 2 ½ story maximum.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: 10 Pine Knoll Road, Map 88, Lot 3
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, Comments were received from the Planning Administrator and the Zoning
Administrator.
The Chairman opened the hearing at 7:54 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Junfo Guo, owner 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 front yard setback of 26.4 ft instead of the required 30 ft front
yard setback.
The applicant explained that he had been granted a variance 9 years ago but he did not know
the variance would expire if the project was not done. Mr. Guo explained the portico over the
front stairs.
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 7:56 pm.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to
approve the variance in accordance with section 135-35 A, Table 2 of the Dimensional
Controls to allow a front yard setback of 26.4 ft instead of the required 30 ft front yard setback.
.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: 2 Thoreau Road, Map 69 Lot 109
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, Comments were received from the Conservation Administrator, the
Planning Administrator 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.
Mark Anderson, owner of the property, presented the petition. His wife Lori was also present
at the hearing.
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 27.9 ft instead of the required 30 ft front
yard setback.
The applicant explained the plans for the project and the hardship as being the shape of the
corner lot and the placement of the house as the hardship for this variance.
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 8:00 pm.
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to
approve the variance in accordance with section 135-35 A, Table 2 of the Dimensional
Controls to allow a front yard setback of 27.9 ft instead of the required 30 ft front yard setback.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
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
Conservation Administrator, the Planning Administrator and the Zoning Administrator.
Before the Chairman opened the hearing a letter was read from Joseph C. Lerman, Trustee for
Lexington August Realty Trust, requesting to postpone the hearing until Thursday, May 27,
2010.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wilson, the Board voted 5-0 to
allow the hearing be postponed until May 27, 2010.
A Board member asked the Chairman to explain the difference between what was being asked
for between 14 Cutler Farm Road and 3 Cart Path Lane.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: 12 Washington Street, Map 39, Lot 38
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 8:03 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Letters of support were received from: 4, 6, 9 & 15 Washington Street; 9 Warren Street; 21, 23
& 27 Elliot Road.
A letter of concern was also received from 21 Elliot Road.
Owner of the property Stefan Thomke presented the petition with his contractor, John Caruso,
Jr.
The applicant is requesting a special permit from section 135-11 in accordance with Chapter 43
of the Code of Lexington to allow earth fill or removal of stone debris in excess of 25 cubic
yards.
The Chairman asked the petitioner if he had received a copy of a letter of concern received
from Mrs. Glick of 21 Elliot Road. The Board gave the applicant a moment to read the letter.
Mr. Thomke spoke of the conditions of his property and the project he was trying to do. The
purpose of the petition is to remove stone and earth from a hilly area of the site. After the
material has been removed, he would like to replace with loam and fill as shown on plans
submitted with the application.
A Board member asked how the petitioner plans to plant at the edges that are right now very
steep. The Chairman asked the applicant to draw how the grade would look.
Mr. Thomke’s contractor explained the planting they were going to do.
BOA Meeting, May 13, 2010 7
A Board member asked for a landscape architect’s plan. Other questions asked by the Board
were: would they be replacing the fence that is now there; how far away from the property line
did you dig; who does the fence belongs to and what corrections will be made to the area.
The Board and the applicant spoke in detail about plantings for the area and the grade of the
slope. The Board was not comfortable not seeing the plan in writing.
Michael Bader of 6 Washington Street was concerned with drainage issues and agrees that an
architect’s landscape plan needs to be in place. The applicant also made a comment about the
noise being quite upsetting.
No one spoke in favor of the petition.
Attorney Despena Fillios Billings, representing Louis and Iphigenia Fillios of 19 Eliot Road
presented a letter of concern with pictures of the site as it presently stands. They are asking the
Board to make conditions that will restore the Fillios’ property to the way it was before this
project began.
The Board spoke of issues with this project. They felt very strongly they could not make a
decision without seeing written a landscape architect’s plans with a survey of the property and
a description of the sloping.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to
continue the hearing until May 27, 2010 to give the applicant time to present additional
information requested from the Board.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: 46 Bedford Street, Map 57, Lot 14A
Before the Chairman opened the hearing a request to withdraw the petition without prejudice
was read from Kevin Duggan of Metro Signs and Awnings representing the applicant, Dan Yu.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wilson, the Board voted 5-0 to
allow the application for a special permit be withdrawn without prejudice.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 9
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: 28 Hudson Road, Map 24, Lot 16
The Chairman opened the hearing at 8:55 pm reading the legal notices and described
information received from the petitioner relative to two petitions received from the applicant;
one for an appeal of a decision of the Building Commissioner and one for a variance and
special permit.
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.
Attorney Thomas Fenn presented the petitions for the owner of the property,
The applicant is appealing a determination of the Building Commissioner dated April 6, 2010.
Through the determination the Building Commissioner denied a building permit for new
construction. The applicant seeks to tear down an existing 1100 sq ft structure and replace it
with a 2400 sq ft structure on a non conforming lot. The lot does not meet the minimum
30,000 sq ft or the minimum frontage requirement of 150 ft.
The Board asked for comments from the Building Commissioner, Garry Rhodes.
The Board discussed the issues of the lot and the action the Board needed to take.
Attorney Fenn addressed the variance and the special permit with the Board. The house is in
disrepair and needs to be torn down. The applicant determines the shape of the lot to be the
hardship for the variance.
There were no questions from the audience.
Michael McNabb of 11 Cutler Farm Road spoke in support of the project.
Mark Duffy of 46 Spring Street spoke in opposition of the project.
.
BOA Meeting, May 13, 2010 10
The hearing was closed at 9:16 pm
On a motion by Carolyn C. Wilson and seconded Martha C. Wood, the Board voted 1-4 to
overturn the decision of the Building Commissioner. John J. McWeeney voted to overturn the
decision. The Building Commissioner’s decision stands as is.
On a motion by Carolyn C. Wilson and seconded Martha C. Wood, the Board voted 5-0 to
grant the Variance in accordance with section 135-32 C (1) to increase the gross floor area of a
structure and a special permit in accordance with section 135-32C to allow demolition of an
existing structure and reconstruction of a new single family home with approximately 3200
gross floor space.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 11
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 13, 2010
Board Members Present: Chairman Nyles N. Barnert, Leo P. McSweeney, Carolyn C. Wilson,
Martha C. Wood and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning
Administrator and Garry Rhodes, Building Commissioner
Petition Address: 330 Woburn Street, Map 16, Lot 1C
The Chairman opened the hearing at 9:20 pm reading the legal notices and described
information received from the petitioner relative a petition received from the applicant. This
hearing had been postponed from April 22, 2010.
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 Design Advisory Committee. Comments were received from the
Conservation Administrator, the Design Advisory Committee and the Zoning Administrator.
Attorney Mark Vaughan presented the petition for TB Bank.
Also in attendance for TD Bank were: Bill Goebel – Bohler Engineering (Civil Engineer),
Mark Vaughan – Riemer and Braunstein, LLP (Attorney), Joe Nevin – Bergmeyer Associates,
Inc. (Architect), Emily Clark – TD Bank, N.A., Ethan Solomon – Riemer and Braunstein, LLP
Robert Vanasse – Vanasse and Associates, Inc.
Bill Goebel spoke of the existing site conditions and went over the new layout. They are
reducing the number of driveways into the site from 6 to 2.
They have received approval from the Conservation Commission.
The Architect for the project, Joe Nevin explained the design of the building which is a non-
certified Leed building.
The Chairman asked the Architect to comment on the Design Advisory Committee’s letter.
A Board member asked what the height of the canopy was and commented on the hardship for
the variance and minimum driveway length.
The Chairman asked the applicant what was unique about the lot for issuance of a variance and
spoke on the legality of granting a variance without a hardship as it relates to the bylaws.
A Board member had several issues with the petition: 1) He would like to see the building
brought forward closer to street; 2) wanted to know what the smoking pole was; 3) Turning in
and out of the driveway; 4 didn’t like the parking shown on the Street side of the building.
BOA Meeting, May 13, 2010 12
Other Board members questioned the planting guarantee to maintain the plantings; the hours of
operation (open 7 days a week); having 3 drive thru lanes; no exterior dumpsters; parking and
the availability of the bus line.
There was a discussion regarding the size of the signage on the building and the free standing
sign blocking the sight line.
Joel Adler of 22 Village Circle questioned the need for the large size of the signs.
No one spoke in favor of the petition.
The following spoke in opposition of the project:
1)At the hearing Ephraim Wise of 462 Lowell Street, presented a petition signed by 72
Lexington residents requesting the Town of Lexington to work toward implementing
the 2003 Lexington Comprehensive Plan in all redevelopment of the Countryside area
and the Lowell Street Corridor.
2)JR Lowry of 21 Rumford Road had a concern with the 3 drive thru lanes and would like
to see more of the DAC comments conditioned.
3)Henrietta W. Cheng of 240 Woburn Street was concerned with the large size of the
building for the area; developer should be looking at all 4 corners; concern with
flooding issues to the neighbors; 3 lane drive thru to much.
4)Judy Crocker of 5 Currier Court commented on the petition presented by Mr. Wise and
presented an article that was in the Lexington Minute Man concerning the Countryside
Plaza. She also was concerned with how busy the area would become; the idling law,
questioned the number of parking spaces and commented that no other building in
Lexington has a smoking pole.
5)Jane Current of 296 Woburn Street spoke to the Board concerning the difficulty of the
traffic and how impossible it will be to walk in the area. She showed the Board pictures
on her computer of other TD Bank building designs that were more compatible to the
area.
After discussion it was determined that the hearing should be continued to give the applicant
time to address issues raised at this hearing.
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5-0 to
postpone the hearing until Thursday, May 27, 2010.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, May 13, 2010 13
Other Business:
The April 8, 2010 meeting minutes were approved.