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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Avalon Bay Communities, requesting the application for the appeal of the Building Commissioner’s decision be withdrawn without prejudice.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Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to allow the application to appeal a decision be withdrawn without prejudice.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.