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HomeMy WebLinkAbout2011-04-28- ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Martha C. Wood and Associate Member William G. Kennedy Carolyn C. Wilson excused herself from this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 927-945 Waltham Street, Map 10, Lot 16-17 Petitioner submitted the following with the application for hearing: nature and justification of request; site plan and copy of the June 17, 2009 decision. 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 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Nicholas Cannalonga of Wagon Wheel Realty, LLC, owner of the property, presented the petition. Also present at the hearing was his wife Nancy and sons, Nicholas Jr. and Lawrence. The applicant is requesting a Special Permit Renewal in accordance with section 135-11 to continue to operate a nursery and farm stand. An Associate Board member asked why this special permit is renewed for only 2 years at a time. The Zoning Administrator explained a Special Permit for a road side stand is allowed only for a period of 2 years. There were no questions from the audience. No one spoke in support of the petition Mal Kasparian of 956 Waltham Street had no objection to the petition but felt that the renewal should stay at 2 years. He had a concern with new development coming into the area creating more traffic. No one spoke in opposition of the petition. BOA Meeting April 28, 2011 2 The hearing was closed at 7:38 pm. On a motion by John J. McWeeney and seconded by Martha C Wood the Board voted 5-0 to grant the renewal for the special permit in accordance with section 135-11 to continue to operate a nursery and farm stand for a period of 2 years. This Special Permit will expire on April 29, 2013. It is the responsibility of the applicant to renew this special permit 8 weeks before expiration. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting April 28, 2011 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 25 Columbus Street, Map 50, Lot 167 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; floor plans; elevations and photographs. 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, Economic Development Officer and the Historic Districts Commission Clerk. Comments were received from 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. Ryan and Lauren Kilgore, the owners of the property presented the petition. On the application the applicant requested the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington): 1) Variance from section 135-35A, Table 2 Schedule of the Dimensional Controls to allow a front yard setback of 23.2 instead of the required 30 ft. 2) Variance from section 135-38A, to allow a left side setback of 9.6 ft instead of the required 10 ft; 3) Variance to allow a right side setback to 9.2 ft instead of the required 10 ft and 4) a Special Permit from section 135-29A to allow modification of a nonconforming structure. Before the hearing it had been determined that a special permit was not needed. Before Mr. Kilgore explained the project he requested the Special Permit be withdrawn without prejudice. A Board member asked for clarification on the raised entryway. The applicant presented a drawing of the project. The applicant also presented the Board with a petition of support signed by 4 neighbors. There were no questions from the audience. No one spoke in favor or in opposition of the petition. BOA Meeting April 28, 2011 4 The Chairman closed the hearing at 7:43. Decision: On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant the following 3 Variances: 1.Variance from section 135-35A, Table 2 Schedule of the Dimensional Controls to allow a front yard setback of 23.2 instead of the required 30 ft. 2.Variance from section 135-38A, to allow a left side setback of 9.6 ft instead of the required 10 ft; 3.Variance from section 135-35A, Table 2 Schedule of the Dimensional Controls to allow a right side setback to 9.2 ft instead of the required 10 ft On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to allow the withdrawal without prejudice the request for a Special Permit to allow modification of a non-conforming structure. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting April 28, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Associate Member Nancy M. Adler - Martha C. Wood accused herself from this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1475 Massachusetts Avenue, Map 48, Lot 276A Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; photographs; RF Documentation, FCC Underlying Lease and Photo simulation. 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, the Historic Districts Commission Clerk, Design Advisory Committee and the Communications Advisory Committee. Comments were received from the Historic Districts Clerk, Design Advisory Committee, Communications Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edward Pare presented the petition for the applicant, New Cingular Wireless PCS, d/b/a AT&T Mobility. Also present was Kevin Brewer the Radio Frequency Engineer with AT&T. The applicant is requesting a Special Permit in accordance with 135-88 C (2) (a) of the Zoning Bylaw to allow modification of a Wireless Communication Facility. A Board member asked if New Cingular Wireless had sent a 30 day notice to each of the residents as required in the By-laws. The applicant responded that the residents were notified by our office. Board members asked about the equipment and if the equipment/boiler room was secure. The Chairman explained that the Board of Appeals is not allowed to inquire about Health issues pertaining to wireless facilities. The applicant’s Attorney stated the facility will comply below FCC standards. Sarah Springer of Unit 116 questioned the request for a waiver of the notice sent to the abutters and wanted to know the difference between a dwelling and multi-family. The Zoning Administrator explained the waiver for the 30 day notice by the applicant. BOA Meeting April 28, 2011 6 No one spoke in favor of the petition. Fred Donovan of Unit 222, David Walko of Unit 460 and Sarah Springer of Unit 116 spoke in opposition to the petition. The tenants of Muzzy Condominiums are asking the Board to defer the decision until they can meet with AT&T next month at their annual meeting. They had many concerns with the cell tower facility. Mr. Walko presented a letter to the Board from his heart doctor, Dr. Manfred Ernesti, outlining his concern with episodes of Atrial Fibrillation Mr. Walko has been experiencing that may be related to the wave frequency emitted by this antenna that is 40 feet from the apartment where Mr. Walko lives. Dr. Ernesti feels where as they cannot establish a relationship between the waves frequency he is exposed to and his recurrent episodes; they cannot exclude them either. Attorney Pare responded to the abutters concerns by saying this was a long standing business deal with the Condo trust. Kevin Brewer the Radio Frequency Engineer with AT&T spoke to the Board regarding the frequency standards. A Board member asked if Sarah Springer was speaking as a Board member or as a resident. She was speaking on behalf of herself. A Board member suggested the Board postpone closing the hearing until after the Association’s annual meeting. He was not comfortable that AT&T had not notified the abutters themselves of the installation. Attorney Pare told the Board that he would commit to AT&T meeting with neighbors and requested a waiver on the 30 day abutter notice. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 0-5 to waive AT&T’s 30 day notice to the neighbors. The Board opposed the waiver. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to continue the hearing until Thursday, May 26, 2011 at 7:30 pm with the understanding that AT&T will attend the Association’s general meeting on May 19, 2011 to discuss their plans and that they will send a notice letter to the abutters. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting April 28, 2011 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 40 Hartwell Avenue, Map 84, Lot 84A Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; photographs; RF Documentation, FCC Underlying Lease and Photo simulation. 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, the Historic Districts Commission Clerk, Design Advisory Committee and the Communication Advisory Committee. Comments were received from the Selectmen’s Office, Zoning Administrator, Design Advisory Committee and the Communication Advisory Committee. The Chairman opened the hearing at 8:28 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edward Pare presented the petition for the applicant, New Cingular Wireless PCS, d/b/a AT&T Mobility. The applicant is requesting a Special Permit in accordance with 135-88 C (2) (b) of the Zoning Bylaw to allow modification of a Wireless Communication Facility. A Board member asked if there was existing shelter for the equipment cabinets. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:30 pm. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to approve a Special Permit in accordance with section 135-88 C (2) b to allow for the modification of a Wireless Communication Facility for 20 years. The Special Permit will expire on April 28, 2031. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting April 28, 2011 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 191 Spring Street, Map 12, Lot 13A Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; photographs; RF Documentation, FCC Underlying Lease and Photo simulation. 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, the Historic Districts Commission Clerk, Design Advisory Committee and the Communication Advisory Committee. Comments were received from the Selectmen’s Office, Zoning Administrator, Design Advisory Committee and the Communication Advisory Committee. The Chairman opened the hearing at 8:31 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edward Pare presented the petition for the applicant, New Cingular Wireless PCS, d/b/a AT&T Mobility. The applicant is requesting a Special Permit in accordance with 135-88 C (3) of the Zoning Bylaw to allow modification of a Wireless Communication Facility. There were no questions from the Board. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:35 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve a Special Permit in accordance with section 135-88 C (3) to allow for the modification of a Wireless Communication Facility for 15 years. The Special Permit will expire on April 28, 2026. BOA Meeting April 28, 2011 9 Dianne Cornaro, Administrative Clerk Submitted by: Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 18 Rockville Avenue, Map 15, Lot 22B 15 Rockville Avenue, Map 15, Lot 15 The Chairman read the 2 petitions together since they were pertaining to the same need. The Petitioners submitted the following with the application for hearing: nature and justification of request; topographic plans; plot plan; Order of sewer taking dated Jan 1, 1980; Appeals Court Document dated March 24, 1993; Zoning Map; Plan of Land dated Sept 7, 1955; Recorded plan of land dated Dec 20, 1913; Planning Board Minutes from October 17, 1955; Town Lot Map; Zoning By Law amendment dated March 23, 1953; ZBA Special Permit dated February 17, 1970 Letters of Support received from Janet & Richard Rycroft, 9 Rockville Avenue and Joseph McKinney of 15 Bird Hill Road. 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, the Historic Districts Commission Clerk and the Fire Department. Comments were received from the Conservation Administrator, Engineering, Planning Department, Fire Department and the Zoning Administrator. The Chairman opened the hearing at 8:35 pm by reading the legal notice and described information received from the petitioner relative to the petitions for 15 Rockville Avenue and 18 Rockville Avenue. Attorney Edmund Grant presented the petition for the applicants, Robert D. and Gertrude K. Bradley of 15 Rockville Avenue and Jeffrey Callahan of Rockville Trust for 18 Rockville Avenue who were also present at the hearing. Also present at the hearing was the Engineer for the project, Frederick Russell. Attorney Grant explained the history of the property and the proposed changes. As shown on the plans submitted with the application, the applicant proposes to divide the lot, maintain the existing house, and develop a new buildable lot. BOA Meeting April 28, 2011 10 The applicant applied for zoning relief under the applicable sections of the Zoning Bylaw to allow the proposed construction. Because two newly created lots would be developed through the lot split, the newly created lots need to meet the current minimum requirements. The applicant at 15 Rockville Avenue is requesting the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington): 1) VARIANCE to allow constructed frontage of 81 ft instead of the required 125 ft; 2) VARIANCE to allow a 975 ft length of dead end street instead of the required 650 ft; 3) VARIANCE for structure height of 44.58 ft and 3 stories instead of the required 40 ft height maximum and 2 ½ story requirements; 4) VARIANCE for lot area of 9,600 sq ft instead of the required 15,500; 5) VARIANCE for frontage of 60 ft instead of the required 125 ft and 6) VARIANCE to allow a side yard setback of 2 ft instead of the required 15 ft side yard setback. The applicant at 18 Rockville Avenue is requesting the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington): 1) Variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow constructed frontage of 92 ft instead of the required 125 ft and 2) Variance from section 135-93 C (1) (a) to allow a 975 ft dead end street instead of the required 650 ft. The Chairman asked Attorney Grant about changes in the Bylaw in the late 1990’s; how the run-off would be addressed and confirmed that the front driveway at 15 Rockville will meet building requirements. The driveway will have a 2 foot drop. Project Engineer Fred Russell spoke to the Board as to how the runoff would be handled. There was a discussion as to why the Planning Department had directed the applicants to the Zoning Board before they went before the Planning Board and they discussed the road improvements that needed to get approval from the Planning Department. Cathal McGlovin of 19 Birdhill asked if other variances would need to be approved and spoke of the impact the Board’s decision would have on his property. There will be another level of approvals before this project could be done. Paul Romangna of 17 Birdhill Road asked if there was going to be any blasting. The applicant was not sure at the time of the hearing. Attorney William Dailey of 114 Marrett Road and Philip Murphy of 25 Swan Lane spoke in favor of the petition. At the hearing a letters of concern were received from: John J. Hayden and Pamela Ford of 4 Davis Road; Bonnie Newman of 44 Moreland Avenue; Betsy Wilkinson of 46 Moreland Avenue and Francis Hau of 42 Moreland Avenue. Bonnie Newman of 44 Moreland Road spoke in opposition to the petition with a concern with the runoff. The Chairman closed the hearing at 8:29 pm. BOA Meeting April 28, 2011 11 Decisions: 1.On a motion by Carolyn C. Wilson and seconded by Martha C Wood, the Board voted 5-0 to approve a VARIANCE to allow constructed frontage of 81 ft instead of the required 125 ft for both 15 Rockville Avenue and 18 Rockville Avenue. 2.On a motion by Carolyn C. Wilson and seconded by Martha C Wood, the Board voted 4-1 to approve a VARIANCE to allow a 975 ft dead end street instead of the required 650 ft; David Williams opposed this request. The motion passed for both 15 Rockville Avenue and 18 Rockville Avenue. 3.On a motion by Carolyn C. Wilson and seconded by Martha C Wood, the Board voted 5-0 to approve a VARIANCE for structure height of 44.58 ft and 3 stories instead of the required 40 ft height maximum and 2 ½ story requirements with the condition that the final grading is in compliance with the Zoning By-laws before an Occupancy Permit is issued for both 15 Rockville Avenue and 18 Rockville Avenue. 4.On a motion by Carolyn C. Wilson and seconded by Martha C Wood, the Board voted 5-0 to approve a VARIANCE for lot area of 9,600 sq ft instead of the required 15,500; 5) VARIANCE for frontage of 60 ft instead of the required 125 ft for both 15 Rockville Avenue and 18 Rockville Avenue. 5.On a motion by Carolyn C. Wilson and seconded by Martha C Wood, the Board voted 5-0 to approve a VARIANCE to allow a side yard setback of 2 ft instead of the required 15 ft side yard setback for both 15 Rockville Avenue and 18 Rockville Avenue. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting April 28, 2011 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Other Business: 1.On a motion by John J. McWeeney and seconded by David G, Williams the Board voted to approve the minutes of March 24, 2011. Martha C. Wood abstained from voting on the minutes. 2.1690 Massachusetts Avenue, Panera Bread. Jessica Helbling, Designer with NORR Illinois, Inc and Greg Godfrey of Panera Bread came before the Board to request a determination that revisions to the special permit approved by the Board on February 10, 2011 would be considered minor. The revisions are as follows: a.Reduction in size of the sign located on the eastern façade. The Board approved a 62.2 sq. ft. non-internally illuminated wall sign. The revised sign would be 37.5 sq. ft.; b.Modification of the primary entrance at the corner of the building. The primary entrance is proposed to be moved farther away from the corner of the building than originally proposed. A secondary entrance is proposed adjacent to the outdoor seating area; c.Associated interior changes based on relocating entrance, including 3 seat increase in indoor total seating and 3 season dining changed to 4 season room seating; d.Reduced area used in basement for operations; e.Exterior change to facades showing reduction in windows, awnings, and entrances. On a motion by Carolyn C. Wilson and seconded by Martha C Wood, the Board voted 5-0 to determined the changes requested to the previously approved special permit are minor. 3.330 Woburn Street, Td Bank Heather Dudko from the Philadelphia Sign Company spoke on behalf of TD Bank. The applicant is asking the Board for a minor modification to the special permit issued on BOA Meeting April 28, 2011 13 May 27, 2010. They are asking to use the area approved for the standing sign in front of the Bank for temporary signage while the site is being developed. Plans for the temporary sign were submitted to the Board. The dimensions of the standing sign are: 42 sq. ft., setback 11 ft. from the front lot line, and 6 ft. maximum height. The temporary sign will adhere to all previous conditions in the original special permit. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve the minor modification for a temporary non-illuminated sign for a period of one year from the time the demolition starts. Submitted by: Dianne Cornaro, Administrative Clerk