Loading...
HomeMy WebLinkAbout2011-05-26-ZBA-Min Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall May 26, 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 excused herself from this hearing. Staff Present Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner 1475 Massachusetts Avenue, Map 48, Lot 276A 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) (a) of the Zoning Bylaw to allow modification of a Wireless Communication Facility This hearing was continued from the April 28, 2011 hearing to give the applicant the opportunity to attend the Association's Annual Meeting to meet with the homeowners of Muzzey Condominiums Attorney Pare confirmed they had met with the Association as agreed to and had addressed concerns The Chairman asked since the lease is for another 5 years if a special permit condition of 5 years instead of the 15 years requested would be an issue There were no questions from the audience No one spoke in favor of the petition. The following abutters spoke in opposition to the petition. 1 Fred Donovan of Unit 222 spoke in opposition. 2 David Walko of Unit 460 requested the special permit not be granted. Mr Walko spoke of the language in the deed, read from reports on the dangers of cell phones and towers and presented the Board with the Book; Cell Phones, Invisible Hazards in the Wireless Age 3 Sophia Kamveris also of Unit 460 wanted to be on record that she objects to this special permit 4 Clare Sellig of Unit 114 spoke of her concern with the impact of the increased exposure to radiation. 5 Jeff Semon of Unit 115, a candidate for Congress, spoke in opposition. 6 Jim Gaffney of Unit 228 spoke of 2 family members with cancer concerns Attorney Pare spoke of the legality of the lease In respect to the Health Concerns they are well below the standard required by law BOA Meeting MaN 26 2011 2 One of the Board Members asked the Building Commissioner to speak on the legality of the towers in residential areas Mr Rhodes stated the Zoning By-law allows antennas to be constructed in all public buildings The hearing was closed at 8 01 pm. On a motion by Carolyn C Wilson and seconded by John J McWeeney the Board voted 5-0 to approve the Special Permit in accordance with 135-88 C (2) (a) of the Zoning Bylaw to allow modification of a Wireless Communication Facility at 1475 Massachusetts Avenue for a period of 5 years or until the end of the lease with the Association. This Special Permit will expire on May 26, 2016 It is the responsibility of the applicant to renew this special permit 8 weeks before expiration. Submitted by 17h wne 'Ca/aurae, nidorafrae etern BOA Meeting MaN 26 2011 3 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall May 26, 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 Garry Rhodes, Building Commissioner Petition Address 18 Muzzey Street, Map 49, Lot 42 Petitioner submitted the following with the application for hearing nature and justification of request, plot plan, a copy of the HDC Certificate of Appropriateness 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 and the Historic Districts Commission Clerk. Comments were received from the Historic Districts Commission Clerk and the Zoning Administrator The Chairman opened the hearing at 8 04 pm by reading the legal notice and described information received from the petitioner relative to the petition. Sam Levine, owner of the property presented the petition. The applicant is requesting a special permit in accordance with section 135-77 A3 to allow a free standing non-illuminated sign. One of the Board members asked if the sign was up already The sign that is up is a temporary sign. There were no questions from the audience No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 8 06 pm. On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to grant a special permit in accordance with section 135-77 A3 to allow a free standing non- illuminated sign at 18 Muzzey Street with the following condition. 1 This sign must be taken down by the applicant at the termination of the lease Submitted by 17h wne 'Ca/aurae, ildrnirruorafrae etern BOA Meeting MaN 26 2011 4 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall May 26, 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 Garry Rhodes, Building Commissioner Petition Address One Cranberry Hill, Map 52, Lot 3A 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 8 07 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 (3) (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 the National Park Service They had received notice Keith Lehman of 4 Hudson Road asked the applicant how they get measures under the antennas No one spoke in favor or in opposition to this petition. The Chairman closed the hearing at 8 12 pm. On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to grant the Special Permit in accordance with 135-88 C (3) (a) of the Zoning Bylaw to allow modification of a Wireless Communication Facility at One Cranberry Hill for a period of 15 years This permit will expire on May 26, 2026 Submitted by 17h wne 'Ca/aurae, itekniaorafrae etern BOA Meeting MaN 26 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 26, 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 Garry Rhodes, Building Commissioner Petition Address 48 Blake Road, Map 71, Lot 272 Petitioner submitted the following with the application for hearing nature and justification of request, topographic plan, plot plan, floor plans, elevations, photographs and a petition in support signed by 5 abutters 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 8 13 pm by reading the legal notice and described information received from the petitioner relative to the petition. Robert Brown and Nancy Cherry, owners of the property, presented the petition. The applicant is requesting a VARIANCE from section 135-35A, Table 2, Schedule Dimensional Controls to allow a side yard setback of 10' 7" instead of the required 15' and a SPECIAL PERMIT from 135-29 to modify an existing nonconforming structure to remove a portion of the existing house and construct an approximate 700 sq ft multi-story addition to the house A Board member asked if there will be an increase in square footage to the living space with this renovation. There were no audience questions No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8 18 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 from 135-29 to modify an existing nonconforming structure to remove a portion of the existing house and construct an approximate 700 sq ft multi-story addition to the house and 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 135-35A, Table 2, Schedule Dimensional Controls to allow a side yard setback of 10' 7" instead of the required 15' Submitted by 17h wne 'Ca/aurae, ildrnrrruorafrae etern BOA Meeting MaN 26 2011 6 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall May 26, 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 Garry Rhodes, Building Commissioner Petition Address 4 Hudson Road, Map 25, Lot 222 Petitioner submitted the following with the application for hearing nature and justification of request, topographic plan, plot plan, elevations, floor plans and a petition signed by 8 abutters 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, Comments were received from the Zoning Administrator The Chairman opened the hearing at 8 20 pm by reading the legal notice and described information received from the petitioner relative to the petition. The applicant is requesting the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) Two Variances from Section 135-35A, Table 2 Schedule of Dimensional Controls to allow 1) a side yard setback of 12 ft 7 inches instead of the required 15 ft, and 2) A side yard setback of 6 1 ft instead of the required 1 5ft, and 3) a Special Permit from section 135-29A to allow vertical expansion of an existing nonconforming structure Board members asked the applicant to explain what was being done with the garage, asked to clarify the size of the shed to be built and discussed with the applicant other areas on the property the shed could possibly go There were no questions from the audience Ruth Cherneff of 1 Munroe Road spoke in favor of the petition. No one spoke in opposition. The Chairman closed the hearing at 8.27 pm. On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to GRANT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) a VARIANCE from § 135-35A and § 135-1OB to allow a side-yard setback of 12 ft 7 in. instead of the required 15 ft BOA Meeting MaN 26 2011 7 On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 4-1 to GRANT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) a VARIANCE from § 135-35A and § 135-1OB to allow a side-yard setback of 6 1 ft instead of the required 15 ft David Williams opposed this request On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to GRANT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) a SPECIAL PERMIT from § 135-29A and § 135-11 to allow modification of a nonconforming structure Submitted by a wne 'Cawarat, t n4u frafrae eterti Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall May 26, 2011 BOA Meeting MaN 26 2011 8 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 Garry Rhodes, Building Commissioner Petition Address 100 Massachusetts Avenue, Map 13, Lot 40 Petitioner submitted the following with the application for hearing nature and justification of request, plot plan, elevations and floor plans 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, Comments were received from the Zoning Administrator The Chairman opened the hearing at 8 33 pm by reading the legal notice and described information received from the petitioner relative to the petition. The applicant is requesting Four Variances from Section 135-35A and C in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington)to allow. 1 A front yard setback in the RT Distruict of 16 ft instead of 30 ft, 2 A side yard setback in the CN District of 15 ft instead of 30 ft, 3 A rear yard setback adjacent to RS District of 24 ft instead of 30 ft, and 4 Building height of 36 ft instead of 15 ft and 2 5 stories instead of a 1 story in the CN District at 100 Massachusetts Avenue Attorney Edmund Grant presented the petition for the applicant, Aristidis Stefams Also present at the hearing was the home owner and the Engineer for the project, Jay Durand. Since there is no formal landscape plan, a Board member asked to be shown what area will be landscaped. The project Engineer explained the landscape plans Another Board member asked about the grade of the garage and spoke of his concern to see an improvement in the building and with green space Roger Dennison of 4 Taft Avenue asked what the 2 1/2 stories were measured from and asked to have clarification as to how high the structure would be No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8 48 pm. During the discussion Board members voiced their concern with the addition being too much house for a small site BOA Meeting MaN 26 2011 9 On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 2-3 to approve a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) from Section 135-35A, Table 2 Schedule of Dimensional Controls to allow a front yard setback in the RT District of 16 ft instead of the 30 ft required. This motion is denied. Carolyn C Wilson, David G Williams and Martha C Wood opposed the request. On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 3-2 to approve a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) from Section 135-35A, Table 2 Schedule of Dimensional Controls to allow a side yard setback in the CN District of 15 ft instead of the required 30 ft This motion is denied. Carolyn C Wilson and Martha C Wood opposed the request On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to approve a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) from Section 135-35A, Table 2 Schedule of Dimensional Controls to allow a rear yard setback adjacent to the RS District of 24 ft instead of the 30 ft required. This motion passed. On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 2-3 to approve a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) from Section 135-35A, Table 2 Schedule of Dimensional Controls to allow a height of 36 ft instead of the 15 ft required and to allow 2 5 stories instead of the 1 story requirement in the CN District This motion is denied. Carolyn C Wilson, David G Williams and Martha C Wood opposed the request. Submitted by 17h wne 'Ca/aurae, dein rruorafrae etern Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall May 26, 2011 BOA Meeting MaN 26 2011 10 Board Members Present Chairman -Nyles N Barnert, David G Williams, Carolyn C Wilson and Martha C Wood Associate Member Nancy C Adler sat for John J McWeeney on 3 Forbes Road. Staff Present Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Other Business 1 On a motion by Carolyn C Wilson and seconded by John J McWeeney the Board voted to approve the minutes of April 14, 2011 2 Forbes Road- A letter was received from Attorney John M. Farrington representing the Bullfinch Companies and MIT Lincoln Labs requesting a waiver request from the SPS requirement under § 135-71B and § 135-13A(1)(c)(5) from the traffic study requirement for a traffic study in connection with the owners contemplated filing for a special permit with site plan review to allow the construction of a single deck parking garage structure on the basis that there will be no additional traffic demand as a result of this improvement Associate Member Nancy C Adler sat on this issue for Board Member John J McWeeney On a motion from Carolyn C Wilson and seconded by David G Williams, the Board voted 5-0 to waive the requirement for a traffic study for 3 Forbes Road as requested. 3 The Chairman informed the Board of a meeting on 40B's for June 15, 2011 No one on the Board was going to make this meeting. 4 The Chairman informed the Board training being offered by the Lexington Managers office No one could attend. Submitted by Dianne Camaro, Administrative Clerk