HomeMy WebLinkAbout2011-05-26-ZBA-Min
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 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 May 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.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Meeting May 26, 2011 3
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: 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
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Meeting May 26, 2011 4
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: 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.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Meeting May 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.
VARIANCE
The applicant is requesting a 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'
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Meeting May 26, 2011 6
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: 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 § 135-10B to allow a side-yard setback of 12 ft. 7 in. instead of the
required 15 ft.
BOA Meeting May 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 § 135-10B 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.
Dianne Cornaro, Administrative Clerk
Submitted by:
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 26, 2011
BOA Meeting May 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 Stefanis. 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 ½ 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 May 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.
Dianne Cornaro, Administrative Clerk
Submitted by:
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
May 26, 2011
BOA Meeting May 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 Cornaro, Administrative Clerk