HomeMy WebLinkAbout2010-06-10-ZBA-min
BOA Meeting, June 10, 2010
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
David G. Williams and Martha C. Wood. Associate Member Leo P. McSweeney also was in
attendance.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 3 Cart Path Lane, Map 2, Lot 1K
Postponed from the May 13 and May 27, 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, Comments were received from the Building Commissioner, the Conservation
Administrator, Planning Administrator and the Zoning Administrator.
Petitioner submitted the following with the application for hearing: justification of request;
topographic map of area; plot plans, floor plans and elevations.
The Chairman opened the hearing at 7:30 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Attorney John Farrington presented the petition for the petitioner, Joseph Lerman, Trustee.
Joseph Casey of Lexington Hills Development was also present at the hearing.
Attorney Farrington explained the project to the Board and asked for clarification of what is the
interpretation of a “dormer” is under the by-law.
One of the Board members thought that Attorney Farrington should go to the Building
Commissioner for his interpretation.
A Board member asked the Developer why design and frame a house when he knew it was
against the bylaw. The applicant said he was trying to keep with the character of the house in
scale and proportion.
Joseph Casey said from a development standpoint a decision needs to be made as to what is a 3-
story structure.
There was a discussion of the bylaw and its’ interpretation.
After discussion it was agreed that Attorney Farrington will go back to the Building
Commissioner to discuss this petition.
Minutes of June 10, 2010
2
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to
continue this hearing until June 24, 2010.
Submitted by: Dianne L. Cornaro, Administrative Clerk
Minutes of June 10, 2010
3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
David G. Williams and Martha C. Wood. Associate Member Leo P. McSweeney also was in
attendance.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 15 Clelland Road, Map 13, Lot 328
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 at 7:54 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Petitioner submitted the following with the application for hearing: justification of request;
topographic map of area; plot plans, floor plans, photographs and a letter of support from 18
Lisbeth Street.
Kristen Kissener, representing the owner of the property, James Keenan, presented the petition.
The applicant is seeking a variance from section 135-64 to allow 0 parking spaces instead of the
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required 2 parking spaces and a special permit from section 135-29A to allow for 2 floor
expansion of an existing non-conforming structure.
Ms. Kissener explained the project to the Board and presented photographs neighborhood homes
to show that this project is consistent to the integrity of the area.
Ms. Kissener also explained the history of the narrow street and the town acquiring land from the
property to create a turn around at the intersection of Lisbeth and Clelland. After road
improvements in 2004 with a new turn around at the end of Clelland, the existing turnaround in
front of 15 Clelland Road is now obsolete.
The hardship for the variance is the topography and shape of the lot.
Board members asked to clarify how many bedrooms there will be, if there would be a garage, if
there was space to the right of the house to put in a parking space and where do they park during
the winter.
A Board member asked if this house was going to be owner occupied. The present owner would
like to renovate and resell.
Minutes of June 10, 2010
4
Karen Meyers of 14 Lisbeth Street spoke of her concern with the size of the home, the parking
and the impact of safety issues with the topography of the lot.
There was a discussion of the legality of having no parking spaces and for the last 25 years they
have parked without any issues. It was determined that it would be up to the owner to find
parking during the winter.
One of the Board members suggested that the owner talk with the town to release the property to
him for parking.
No one spoke in favor or in opposition of the application.
The hearing was closed at 8:19 pm.
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to
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grant the special permit from section 135-29A to allow for 2 floor expansion of an existing
non-conforming structure.
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to
grant a special permit from section 135-64 to allow 0 parking spaces instead of the required 2
parking spaces
BOA Meeting, June 10, 2010
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
David G. Williams and Martha C. Wood. Associate Member Leo P. McSweeney also was in
attendance.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 35 Hancock Street, Map 56, Lot 46
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 Building Commissioner, the Planning
Administrator, the Selectmen’s office, Historic District Commission Clerk and the Zoning
Administrator.
The Chairman opened the hearing at 8:19 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Petitioner submitted the following with the application for hearing: justification of request;
topographic map of area; plot plans, floor plans, elevations, photographs and various dated file
letters pertaining to the structure and lot.
A letter was submitted by Joseph Welch, Chairman of the Historic District Commission in
support of this project.
Patrick Carroll presented the petition. The present owner of the property is the Lexington
Historic Society.
Mr. Carroll is seeking a variance to allow a front yard setback of 24 feet 6 inches instead of the
required 30 ft front yard setback to move a historic structure from 1991 Massachusetts Avenue
to the 35 Hancock Street site. Due to the size and topography of the lot a variance is needed.
A Board member asked if there would be any trees on the lot taken down.
Another Board member asked a general question; how do they move a house without ruining
it?
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:26 pm.
BOA Meeting, June 10, 2010 6
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to
approve the variance from section 135-35, Table 2, Schedule of Dimensional Controls to allow
a front yard setback of 24 feet 6 inches instead of the required 30 feet.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, June 10, 2010 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, Carolyn C. Wilson, David G. Williams,
Martha C. Wood and Associate Member Leo P. McSweeney.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 46 Bedford Street, Map 27, Lot 14A
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 Building Commissioner, the Conservation
Administrator, the Planning Administrator, Historic District Commission Clerk and the Zoning
Administrator.
Petitioner submitted the following with the application for hearing: justification of request;
Site Layout and photographs.
The Chairman opened the hearing at 8:27 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
The General Contractor for the project Jamie Kelly presented the petition for the owner of the
property, Dan Yu.
The applicant is requesting a special permit from section 135-39 B (3) to relocate an existing
utility pole.
Mr. Kelly explained the wires would be underground from the pole to the structure.
Board members asked if the pole being moved was away from Woburn Street and on Mr. Yu’s
property and if the transformer was being eliminated.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:35 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 relocation of the utility pole at 46 Bedford Street.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, June 10, 2010 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
David G. Williams and Martha C. Wood. Associate Member Leo P. McSweeney also was in
attendance.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 401 Lowell Street, Map 46, Lot 37
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 Selectmen’s Office and the Zoning
Administrator.
Petitioner submitted the following with the application for hearing: justification of request;
plot plans, parking plan, photographs and lease agreement.
The Chairman opened the hearing at 8:35 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Petitioner Kevin Ray of Minuteman Tech Automotive presented the petition.
The applicant is requesting a special permit from section 135-16, Table 1, Permitted Uses line
11.11 in accordance with line 11.12 to allow motor vehicle sales.
Mr. Ray explained the proposed business telling the Board that he will need only 2 parking
spaces dedicated to the business to get cars ready for his customers and hours are by
appointment only.
Mr. Ray presented pictures of the parking area to the Board.
Board members asked Mr. Ray to describe his business in detail, asked if he would have
assigned parking spaces, how long would the vehicles be parked at the site, what type of lease
he had and if the petitioner would be okay with a condition to require parking in the back of the
building.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:45 pm.
BOA Meeting, June 10, 2010 9
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to
grant the special permit from section 135-16, Table 1, Permitted Uses line 11.11 in accordance
with line 11.12 subject to the following conditions:
The special permit shall be granted for a term of one year, to expire June 9, 2011.
A maximum of two vehicles for sale shall be allowed to be stored on site and shall be
parked in the two parking spaces as shown on the photograph, entitled “Location of
Two (2) Dedicated Spaces for Minuteman Automotive, LLC” received with the Board
of Appeals application.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, June 10, 2010 10
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
David G. Williams and Martha C. Wood. Associate Member Leo P. McSweeney also was in
attendance.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 45 Hartwell Avenue, Map 85, Lot 18A
Due to an advertising error this hearing was postponed until June 24, 2010.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to
postpone this hearing until June 24, 2010.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, June 10, 2010 11
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson,
David G. Williams and Martha C. Wood. Associate Member Leo P. McSweeney also was in
attendance.
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 450 Bedford Street, Map 84, Lot 41G
The Chairman read a letter from the applicant, Jeffrey Kwass of Viewpoint Sign and Awning
requesting the petition 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 petition to be withdrawn without prejudice.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, June 10, 2010 12
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 10, 2010
Other Business:
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to
accept the minutes of April 13, 2010.