HomeMy WebLinkAbout2010-05-27-ZBA-min BOA Meeting,MaN 27 2010
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 David L George, Zoning Administrator
Petition Address 3 Cart Path Lane, Map 2, Lot 1K
Postponed from the May 13, 2010 hearing.
Before the Chairman opened the hearing a letter was read from Joseph C Lerman, Trustee for 3
Cart Path Lane, requesting the application for a variance be postponed until the June 10, 2010
hearing.
On a motion by Carolyn C Wilson and seconded by Martha C Wilson, the Board voted 5-0 to
allow the application to appeal a decision be withdrawn without prejudice
Submitted by Dianne L. Camaro, Administrative Clerk
Minutes of May 27 2010 2
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 David L George, Zoning Administrator
Petition Address 12 Washington Street, Map 39, Lot 38
Postponed from the May 13, 2010 hearing.
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 by reading the legal notice and described information received
from the petitioner relative to the petition.
Stefan Thomke, owner of the property, presented the petition along with Landscape Architect,
Garry Larson.
Mr Thomke spoke of the getting the site survey done by James Keenan and meeting with a
landscape architect, Gary Larson.
Mr Larson presented the Board with copies of the existing conditions plan and the proposed site
construction plan. He explained to the Board the landscape design and the grading of the lawn
area.
The Board questioned how the proposed retention area related to the property line What
plantings will be used for the buffer plantings (Evergreens, tall enough for visual buffer will be
used.)
The Board also asked how much earth will be needed for root growth, how close to property line
will they be excavating and asked for clarification as to where the retaining wall will be
Attorney Despena Fillios Billings spoke on behalf of her parents, Louis and Iphigema Fillios of
19 Eliot Road. She had a concern as to where the applicant thinks the property line is She also
questioned the bank slope
Minutes of May 27 2010 3
Mrs Fillios of 19 Eliot Road spoke of the cedar fence that had been taken down and her wish to
have the excavated land returned to its original state
Georgia Glick of 21 Eliot Road asked for a time table as to when the exposed roots on her
hemlocks would be covered, asked how they will restore the level by the wall and wanted to
have clarification for the plantings along the wall
Landscape Architect Gary Larson spoke on the proposed plans and estimated time table for work
to be done
Attorney Billings asked about taking action to temporarily cover the roots to the hemlocks The
landscaper will look at the site to see what can be done to have temporary measures taken to
protect the exposed hemlocks
No one spoke in favor or in opposition of the application.
A Board member asked if the applicant was going to have a certified plot plan for the property
He wanted to address Attorney Despena Fillios Billings concern of where the property line is
There was discussion between the Board, Mr Thomke and Attorney Billings of the need of
getting a new survey due to the confusion of the property line The applicant spoke of the time it
would take to get a new survey done and the time frame of when planting will need to be done
The Chairman closed the hearing.
Decision.
On a motion by Carolyn C Wilson and seconded by David G Williams, the Board voted 5-0 to
GRANT the SPECIAL PERMIT to allow earth fill and removal in accordance with Ch. 43 of the
Code of the Town of Lexington, Earth Fill and Removal Bylaw, in accordance with Ch. 135 of
the Code of the Town of Lexington (Zoning By-Law) § 135-11 at 12 Washington Street subject
to the following condition.
• The project shall be designed in accordance with the plan entitled, "Proposed Site
Construction Plan," dated May 27, 2010, prepared by Gary Larson, Landscape Architect,
except as such plan shall be modified to supply twenty-three (23) Park Green American
Arborvitae, size 6-7 ft tall, plantings on or adjacent to the applicant's rear-yard lot line,
as shown on the plan entitled, "Buffer Planting Plan," dated June 3, 2010, prepared by
Gary Larson, Landscape Architect The arbor vitae plantings shall be planted based on
availability of the species and shall be planted no later than April 30, 2011
BOA Meeting,MaN 27 2010
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 2010
Board Members Present Chairman Nyles N Barnert, Carolyn C Wilson, Martha C Wood,
and Associate Members Leo P McSweeney and David G Williams
Staff Present David L George, Zoning Administrator
Petition Address 330 Woburn Street, Map 16, Lot 1C
This hearing had been continued from the May 13, 2010 hearing.
The Chairman read additional information received since the last hearing
1) Approximately 11 e-mailed letters of support.
2) A letter from Maria LoConte of 4 Rolfe Road with a petition signed by 16 residents of
Lexington in support of the TD Bank design.
3) Letter of concern from Kam & Yehfang Mok of 429 Lowell Street regarding drainage,
the drive-thru lanes and the banks hours of operation.
4) A letter from the Lexington Sidewalk Committee and its subcommittee, Safe Route to
School Committee, suggestions for new sidewalk construction.
5) Comments from the Design Advisory Committee
Attorney Mark Vaughan of Riemer and Braunstein, LLP, presented the petition for TB Bank.
Also in attendance for TD Bank were Bill Goebel —Bohler Engineering (Civil Engineer), Joe
Nevin—Bergmeyer Associates, Inc (Architect), Emily Clark— TD Bank, N A., Ethan Solomon
—Riemer and Braunstein, LLP, Robert Vanasse—Vanasse and Associates, Inc
Attorney Vaughan gave an overview of what had been asked for in the application and the
proposed changes they have made since the last hearing. Attorney Vaughan told the Board
they will not need the setback relief they had originally requested due to the elimination of the
3rd drive thru lane The buffer and setback now comply with the bylaws fully The signage
will also be reduced to 3 feet in height as requested to eliminate the need for that relief as
well
Bill Goebel of Bohler Engineering gave a presentation explaining the existing conditions and
the proposed plan of the property as they had presented at the May 13, 2010 hearing. Mr
Goebel went thru the modifications made for increased plantings and landscaping and the new
sign designs
Joe Nevin of Bergmeyer Associates, Inc (Architect) explained the design of the LEED code
building and the changes that were made to the building, the driveways and the signage
A Board member asked if the lights on the sign are lit all the time They are not on all night,
they did not seek a special permit to have lights on all the time
BOA Meeting,MaN 27 2010 5
A Board member asked about the issue of a grass island raised in the letter from the Sidewalk
Committee There would be no room for the island because of width of the sidewalk.
There was a concern that the bushes on the plan look large, will there be any safety concerns
The sign will be higher than bushes
There was a concern for the hours of operation for the drive up windows which are open during
regular business hours for the bank. Attorney explained the drive up is opened the same hours
as the bank is open. It is designed that the vehicle behind cannot hear the drive up window
They explained the 6 ft high fence put up along with evergreens to be planted to help buffer
noise They feel this will be a drastic improvement than what is there today
The Chairman asked what the hours of operation would be They are Monday thru Friday
from 8 00 am until 8 00 pm, Saturday 8 00 am until 3 pm and Sunday 11 00 am until 4 00 pm.
One of the Board members was concerned with the drive up being opened on Sunday and said
he would not be in favor of Sunday drive up hours
Jerry Vanhook of 89 Meriam Street and Chairman of the Side walk Committee, had a concern
with sidewalk safety He wanted to know why it isn't possible to have grass strip on the
sidewalk to allow space for snow plowing. The applicant explained they are not changing the
sidewalks but are repairing them as they remove the 4 driveways they are eliminating. There
will be less traffic from the Bank than from the present gas station.
Joyce Grief of 101 Meriam Street spoke of the No Idling Law and wanted to know how they
can assure that people don't idle longer than 5 minutes
Joel Adler of 22 Village Circle also spoke of the idling laws and asked if the drive thru lanes
were teller windows or ATM machines
Mark Philip of 435 Woburn Street had questions on the fence, how the cars would exit the
parking lot and the plantings
Bill Hurley of Woburn Street asked about an existing fence that abuts his property There was
a question as to who had put the fence up and who owned it TD Bank is willing to look further
into this issue and take the fence down if in fact it is owned by the Bank.
The Chairman asked for only comments from the audience that is different from the comments
heard at the last hearing.
Maria LoConte of 4 Rolfe Road read a letter she presented to the Board regarding the previous
petition opposing the Bank's parking design. She along with many neighbors are in support of
the parking as it was presented on the application.
No one spoke in opposition.
BOA Meeting,MaN 27 2010 6
The applicant requested to withdraw without prejudice the following relief
1) A Variance from side yard setback
2) A Variance from landscape transition area
3) A Special Permit to allow for wall signs to be larger than three feet in height
4) A Special Permit to allow for internal illumination of monument sign.
The Chairman closed the hearing.
The following decisions were made affecting property located at 330 Woburn Street, 421
Lowell Street, and 334 Woburn Street
On a motion by Carolyn C Wilson and seconded by Leo P McSweeney, the Board voted 5-0
to grant the applicant's request for LEAVE TO WITHDRAW WITHOUT PREJUDICE the
following zoning relief
1 A Variance from Zoning Bylaw § 135-35A, Table 2 Schedule of Dimensional Controls
in accordance with § 135-1OB to allow a side-yard setback of 23 ft 3 in. instead of the
required 30-ft side yard setback,
2 A Variance from Zoning Bylaw §135-54C and § 135-1OB to modify landscaping
transition area to 18ft 2-in. instead of the required 20-ft landscape buffer;
3 A Special Permit in accordance with Zoning Bylaw § 135-78D to allow for wall signs
to be larger than the three feet maximum wall sign height
4 A Special Permit in accordance with Zoning Bylaw § 135-75A to allow for internal
illumination of the monument sign.
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
GRANT a VARIANCE from Zoning Bylaw § 135-64C in accordance with § 135-1OB to allow
zero loading bays instead of the required one loading bay
On a motion by Carolyn C Wilson and seconded by Leo P McSweeney, the Board voted 5-0
to GRANT a SPECIAL PERMIT from Zoning Bylaw §135-16A, Table 1 Schedule of
Permitted Uses and Development Standards, line 7 15b in accordance with § 135-11 to allow
for a drive-up window or auto oriented bank branch (drive through) subject to the following
conditions
• There shall be no more than two drive through lanes as shown on the revised plan
entitled, "Site Plan" by Bohler Engineering, dated 5/18/10
• The building and site improvements shall be constructed in accordance with the revised
plans entitled "Site Development Plans for TD Bank," prepared by Bohler Engineering,
dated 5/18/10 (Revised per ZBA Submission) consisting of 15 sheets
• Single fence will be located with consultation with Rolfe Road abutters
On a motion by David G Williams and seconded by Carolyn C Wilson, the Board voted 1-4 to
limit Sunday hours of operation for the drive through.
BOA Meeting,MaN 27 2010 7
On a motion by Carolyn C Wilson and seconded by Leo P McSweeney, the Board voted 5-0
to GRANT a SPECIAL PERMIT Zoning Bylaw §135-77(3) and § 135-78D in accordance with
§ 135-11 to allow a standing sign subject to the following conditions
• The sign shall not be taller than six feet tall.
• The sign shall be built as shown on the rendering entitled, "Signage Details" dated
5/20/10, prepared by Bergmeyer
• The sign shall not be internally illuminated.
On a motion by Carolyn C Wilson and seconded by Leo P McSweeney, the Board voted 5-0
to GRANT a SPECIAL PERMIT from Zoning Bylaw §135-78D in conjunction with § 135-11
to allow a third wall sign subject to the following conditions
• No wall sign shall exceed a maximum height of three feet
On a motion by Leo P McSweeney and seconded by Carolyn C Wilson, the Board voted 5-0
to GRANT a SPECIAL PERMIT the Zoning Bylaw § 135-75A in conjunction with § 135-11 to
allow the three wall signs to be internally illuminated.
Submitted by Dianne Camaro, Administrative Clerk
BOA Meeting,Ma\27 2010 8
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 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, Comments were received from the Conservation Administrator and the
Zoning Administrator
The Chairman opened the hearing by reading the legal notice and described information
received from the petitioner relative to the petition.
Attorney Jennifer E Lewis representing T Mobile Northeast presented the petition for the
applicant T Mobile
The applicant is requesting a special permit to allow a wireless communications facility and a
special permit to allow the proposed structure to exceed dimensional control height
requirements
Attorney Lewis gave a brief overview of project
She explained she had met with abutters where they raised a few concerns, esthetics, noise and
their property values Attorney Lewis went back to T Mobile with their concerns T Mobile
took their concerns seriously They proposed changes and explained why they could not utilize
the pole across the street
Demsh, Engineer with T Mobile, went over the coverage map and the supplemental
information presented to the Board.
The Chairman of the Board asked the applicant to explain a document presented regarding
selling something to Nstar It was an agreement between Nstar and T Mobile to lease the pole
John Frankovich of 19 Dewey Road asked about the access road from Grove Street. He asked
why they could not use another pole across the street away from the neighbors Mr Frankovich
asked for alternatives
BOA Meeting,MaN 27 2010 9
Attorney Thomas Fenn, representing neighbors asked to see topography map to see the
difference in the elevations from the proposed pole to one across the street. Applicant did not
have a copy of the topography map
Attorney Fenn also asked if the applicant had filed with Conservation. The applicant plans on
filing with conservation if approved from BOA.
Attorney Fenn stated the applicant had met with neighbors about month ago and took 3 forms
of ways to contact neighbors, he asked which method has been used to notify neighbors T-
Mobile hadn't been in touch with neighbors since the original meeting. Everything has been
filed with the town. T Mobile felt new proposal addressed all the neighbors concerns
Chairman made note that Conservation had given a list of conditions to the applicant
Precinct 1 Town Meeting Member saw a notice in the Lexington Minute Man about 3 months
ago regarding a pole in East Lexington at 8 William Rd, does this facility have any relationship
with that poles He also asked for clarification of the height of the poles
Bill Mix of 153 Grove Street asked why when the coverage map was put together other poles
weren't looked at for coverage He also asked for clarification as to how many antennas being
proposed.
Mary Healey of 163 Grove Street met last month with T mobile and was told that they would
be notified of new information filed, wanted to know why they were not notified by T Mobile
of the new information given. She asked for information on health effects
The Chairman explained to Ms Healey that the Board is prohibited by law to address health
issues relating to towers FCC determines what is safe and unsafe
No one spoke in favor of the application.
Attorney Thomas Fenn, representing direct abutters on Grove Street spoke in opposition of the
project The issue and question is this project for this particular site in harmony with the
purpose and intent of this By-Law Is it meeting with the historic, esthetic and character of the
neighborhoods Presented the Board with pictures he took.
Mary Healey of 163 Grove Street, John Frankovich of 19 Dewey Road and Marcel Gaudreau of
151 Grove Street spoke in opposition.
Attorney Lewis and the T Mobile Engineer spoke of the communications and noise by-laws
they need to comply to
The Board discussed continuing the hearing to give the applicant time to look at other
locations
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
continue the hearing until June 24, 2010 at 8 00 pm.
Submitted by Dianne L. Camaro, Administrative Clerk
BOA Meeting,Ma\27 2010 10
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 David L George, Zoning Administrator
Petition Address 32 Clelland Road, Map 13, Lot 334
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 Zoning Administrator
The Chairman opened the hearing by reading the legal notice and described information
received from the petitioner relative to the petition.
Michael Bruce, 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 4 ft instead of the required 30 ft front
yard setback.
The applicant explained the plans for the project and the hardship as being the topography of
the property and the placement of the 1900 house on the lot.
Mr Bruce presented pictures of the house to the Board.
One of the Board members asked about the width of the deck.
There were no questions from the audience
No one spoke in favor or in opposition to the petition.
The hearing was closed.
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 4 ft instead of the required 30 ft front yard setback.
Submitted by Dianne L. Camaro, Administrative Clerk
BOA Meeting,Ma\27 2010 11
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 David L George, Zoning Administrator
Petition Address 11 Robbins Road, Map 22, Lot 270
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
Letter of support were received from 8, 9 & 15 Robbins Road and 16 Lexington Avenue
The Chairman opened the hearing by reading the legal notice and described information
received from the petitioner relative to the petition.
Attorney John Farrington presented the petition for Jonathan Lyons, owner of the property
Also attending the hearing were Brian Tim of Meridian Engineering and the Landscape
Architect Greg Bellows
The applicant is requesting a variance in accordance with section 135-35A and 135-1OB to
allow a frontage of 20 ft instead of the required 125 ft of frontage
Attorney Farrington described the site and the history of the development of the areas Lot
created in 1875 and created for house lots in 1915 The existing house was built in the 1930's
The applicant proposes to take down the existing house and reconstruct a new home All other
current set back requirements will be met
Attorney Harrington explained the hardship for this variance as the unusual shape, topography
is severe and the soil conditions
The Architect and the landscaper have met and worked with each neighbor to make sure they
have taken into consideration any neighbors concerns
A Board member asked about tree removal and another asked about some of the landscape
work.
One of the board members asked if the garage would be taken down.
BOA Meeting,MaN 27 2010 12
Mike Lockwood of 15 Smith Avenue had questioned why so many trees were needed to be
taken down. They took maple trees down that were choking out the nut trees They were
trying to keep the integrity of the original trees planted. Mr Lyons spoke with the abutter
about the intent of the removal of the trees
A Board member asked what the applicant had planned to replace trees on the Smith Avenue
side Will meet with the abutter to discuss what they would like
No one spoke in favor or in opposition to the petition.
The hearing was closed.
On a motion by Carolyn C Wilson and seconded by David G Williams, 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 frontage of 20 ft instead of the required 125 ft of frontage
Submitted by Dianne Camaro, Administrative Clerk
BOA Meeting,Ma\27 2010 13
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 David L George, Zoning Administrator
Petition Address 73 Asbury Street, Map 58, Lot 138
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, Conservation
Commission Administrator and the Zoning Administrator
The Chairman opened the hearing by reading the legal notice and described information
received from the petitioner relative to the petition.
Yiping Shen, owner the property presented the petition explaining the project to the Board.
The applicant is requesting for the following relief 1) VARIANCE in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of
the Dimensional Controls to allow a front yard setback of 27 3 ft instead of the required 30 ft
front yard setback, 2) VARIANCE from section 135-35A, Table 2 Schedule of the
Dimensional Controls to allow a side yard setback of 18 ft instead of the required 20 ft side
yard setback. 3) VARIANCE from section 135-38A(2), Table 2 of the Dimensional Controls
to allow a side yard setback of 7 ft instead of the exempted 10 ft side yard setback and 4)
SPECIAL PERMIT from section 135-29A to allow for vertical expansion of a non conforming
structure
The chairman asked the applicant to clarify the expansion to the side of the structure
A Board member was concerned with the air conditioning unit's noise being so close to a
neighbor's house
Location of the house on the odd shape lot would be the hardship
There were no questions from the audience
No one spoke in favor or in opposition of the petition.
The hearing was closed.
On a motion by Carolyn C Wilson and seconded by John J McWeeney, the Board voted 5-0 to
GRANT the SPECIAL PERMIT from CH 135 of the Code of the Town of Lexington (Zoning
By-Law) § 135-29A in conjunction with § 135-11 to allow modification of a nonconforming
structrue at 73 Asbury Street.
BOA Meeting,MaN 27 2010 14
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law)
§ 135-1OB in conjunction with §135-35A. Table 2 Schedule of Dimensional Controls to allow
a front-yard setback of 27-ft 4 1/4-in. instead of the required 30-ft front yard setback at 73
Asbury Street
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law)
§ 135-1OB in conjunction with §135-35A. Table 2 Schedule of Dimensional Controls to allow
a side-yard setback (corner lot side) of 18-ft instead of the required 20-ft at 73 Asbury Street.
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law)
§ 135-10B in conjunction with §135-38A(2) to allow a side-yard (internal lot line) of 7-ft
instead of the required 7 5-ft at 73 Asbury Street, subject to the following condition. the air
conditioning unit to be placed behind garage on the rear side of the property, if that location is
feasible
Submitted by Dianne Camaro, Administrative Clerk
BOA Meeting,Ma\27 2010 15
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 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 David L George, Zoning Administrator
Petition Address 120 Massachusetts Avenue, Map 13, Lot 94
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 by reading the legal notice and described information
received from the petitioner relative to the petition.
Mohammed Omar Taqiuddin, owner the property presented the petition explaining the request
to the Board. Also presenting the petition to the Board for Mr, Taqiuddin was Nasir Mian of 6
Mohawk Drive
The applicant is seeking the following relief 1) VARIANCE in accordance with the Zoning
By-Law (Chapter 135 of the Code of Lexington) section 135-35, Table 2, Schedule of the
Dimensional Controls to allow a front yard setback of 23 2 ft instead of the required 30 ft, 2)
VARIANCE from section 135-35, Table 2, Schedule of the Dimensional Controls to allow a
rear yard setback of 14 88 ft instead of the required 15 ft rear yard set back and 3) SPECIAL
PERMIT in accordance with section 135-69A to allow for one less parking space
A Board member asked if anyone was currently living in the house
The applicant had inheritated the property from his parents and spoke of previous issues with
the house He would like to rectify zoning issues so that he can move into the house
Another Board member asked how the applicant would handle no parking spaces for the
apartment
There were no questions from the audience
No one spoke in favor or in opposition to the petition.
The hearing was closed.
BOA Meeting,MaN 27 2010 16
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law)
§ 135-1OB in conjunction with §135-35A, Table 2 Schedule of Dimensional Controls to allow
a front-yard setback of 23 2-ft instead of the required 30-ft front yard setback at 120
Massachusetts Avenue
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to
GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law)
§ 135-1OB in conjunction with § 135-35C and §135-35A, Table 2 Schedule of Dimensional
Controls to allow a rear-yard setback of 14 88-ft instead of the required 15-ft rear-yard
setback 120 Massachusetts Avenue
On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted to
GRANT a SPECIAL PERMIT from CH 135 of the Code of the Town of Lexington (Zoning
By-Law) § 135-69A in conjunction with §135-11 to allow for three parking spaces instead of
the required four parking spaces at 120 Massachusetts Avenue
Submitted by Dianne Camaro, Administrative Clerk
BOA Meeting,Ma\27 2010 17
Minutes of the Lexington Zoning Board of Anneals
Selectmen's Meeting Room, Lexington Town Hall
May 27, 2010
Board Members Present Chairman Nyles N Barnert, Carolyn C Wilson, Martha C Wood
and Associate Members Leo P McSweeney and David G Williams
Staff Present David L George, Zoning Administrator
Petition Address 45, 55, 65 Hayden Avenue, Map
The Chairman opened the hearing by 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
Due to the late hour the hearing was opened and continued until Thursday, June 3, 2010
On a motion by Carolyn C Wilson and seconded Martha C Wood, the Board voted 5-0 to
continue the hearing until Thursday, June 3, 2010
Submitted by Dianne Camaro, Administrative Clerk