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HomeMy WebLinkAbout2011-07-14-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George 43 Forest Street, Map 49, Lot 163 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; floor plans 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 Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:31 pm by reading the legal notice and described information received from the petitioner relative to the petition. The owner of the property, Jeffrey Rago and his Contractor, Brian Kelley presented the petition. They spoke of the topography and the long and narrow lot size as the hardship for this variance. The applicant is requesting a variance in accordance with section 135-38 (A) to allow a 4.24 foot side yard setback instead of the required 7.5 foot side yard setback. One of the Board members asked if they had contacted the Hancock School regarding this project. They had met with the Association and found them to be supportive. There were no questions from the audience. Attorney John Farrington, representing the Hancock School, spoke in favor of the petition. No one spoke in opposition to the petition. The Chairman closed the hearing at 7:37 pm. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5-0 to approve the variance to allow in accordance with section 135-38 (A) to allow a 4.24 foot side yard setback instead of the required 7.5 foot side yard setback. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 14, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Petition Address: 11 Flintlock Road, Map 77, Lot 70 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic map; plot plan; elevations; floor plans and a letter of support from Mr. & Mrs. Bell of 15 Flintlock 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 Director 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. Brian Lozier, owner of the property presented the petition with his Architect, Wayne Pellitier The applicant is requesting Variance in accordance with section 135-35, Table 2 Schedule of Dimensional Controls to allow a side yard setback of 11 ft instead of the required 15 ft side yard setback to construct an addition. The applicant explained they had received a variance in 1955 to construct the garage which they will be taking down to add this addition in the same area. They spoke of the topography of the lot as the hardship for this variance. The applicant presented the Board with a petition in support signed by 5 abutters and pictures of homes in the area with the same design. A member of the Board asked the owner to explain to the Board the planting and the transplanting they will be doing to the property. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 7:46 pm. BOA Meeting July 14, 2011 3 On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0 to approve a variance in accordance with section 135-35 A, Table 2 Schedule of Dimensional Controls to allow a side yard setback of 11 ft instead of the required 15 ft side yard setback to construct an addition. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 14, 2011 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Petition Address: 50 Cliffe Avenue, Map 20, Lot 156 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; 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 Director, the Historic Districts Commission Clerk, Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:47 pm by reading the legal notice and described information received from the petitioner relative to the petition. Zach Burnett, owner and contractor for the property, presented the petition. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35A, Table 2, Schedule of Dimensional Controls to allow a 3-story structure instead of the 2 ½ story maximum allowed at 50 Cliffe Avenue. Mr. Burnett explained to the Board he had come before them last year for variances for a front and side yard set back. When submitting the building permit he became aware of the need for a variance to allow 3 stories due to raised elevation of the home to keep the floors in the addition in line with the existing house. There are no changes to the plans submitted for the previous relief granted. A Board member asked about the fence in the yard which belongs to their neighbor. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:51 pm. On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0, to grant the variance to allow a 3 story structure instead of the 2 ½ story maximum as shown on plans submitted. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting July 14, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Petition Address: 231 Bedford Street, Map 71, Lot 33 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; sign plans 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 Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:52 pm by reading the legal notice and described information received from the petitioner relative to the petition. Carmen Lombardo, owner of the property, presented the petition. The applicant is requesting a special permit in accordance with the Zoning By-Law section 135-78 D to allow sign of type not provided for in the By-Law and not specifically prohibited. The Chairman asked the petitioner if he had gone before the Design Advisory Committee. David George the Zoning Administrator answered that petitioner had gone before the DAC but they did not have a quorum to take a formal vote but informally said they did not see any issue with the sign. One of the Board members clarified that the sign being reviewed was the one with the lettering on the front of the awning. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:55 pm. On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law section 135-78 D to allow sign of type not provided for in the By-Law and not specifically prohibited as proposed on the plans. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 14, 2011 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Petition Address: 311 Marrett Road, Map 32, Lot 57 Petitioner submitted the following with the application for hearing: nature and justification of request, site plan 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 Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:55 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 owner of the property, Dick Michelson. The applicant is requesting TWO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) SECTION 135-16, Line 7.15a to allow an automatic teller machine as a principal or accessory use and section 135-28 (C) to allow substitution of a nonconforming use at 311 Marrett Road. Attorney Farrington explained that the applicant would be using the front 10 feet of the building for an automated bank teller machine and the rear of the building as warehouse storage for his shoe stores. The Chairman asked him to clarify what the business hours would be for Sunday. The applicant told the Board the deliveries would be made in either a car or mini-van and that they would be between the hours of 9:00 am until 5:00 pm, seven days a week. A Board member asked the applicant about lighting for the ATM machine. There were no questions from the audience. No one spoke in favor or in opposition to this petition. The Chairman closed the hearing at 8:08 pm. On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law section 135-16, Line 7.15a to allow an automatic teller machine as an accessory use; and BOA Meeting July 14, 2011 7 On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0 to grant TWO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) SECTION 135-16, Line 7.15a to allow an automatic teller machine as a principal or accessory use and section 135-28 (C) to allow substitution of a nonconforming use at 311 Marrett Road. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 14, 2011 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Petition Address: 1454 Massachusetts Avenue, Map 40, Lot 40A Petitioner submitted the following with the application for hearing: nature and justification of request, plot plan; floor plans; photographs; copy of 1875 Lexington Map; Massachusetts Historical Commission Building Information on 1454 Massachusetts Avenue. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner; Historic District Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:10 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect Colin Smith presented the petition for the owners of the property, Lisa and Sean O’Brien. The applicant is requesting the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2: Schedule of Dimensional Controls from section 135-38A: 1) VARIANCE to allow a side yard setback of 8.6 ft instead of the required 12 ft; 2) VARIANCE to allow a 9.7 ft. rear yard setback instead of the 15 ft required rear yard setback; 3) VARIANCE to allow an 8.9 ft side yard setback instead if the required 20 ft side yard setback for corner lots at 1454 Massachusetts Avenue. Mr. Smith explained the project and stated the hardship was the shape of the lot and the location of the structure on the lot. The project was reviewed informally by the HDC and they had supported the project. The applicant had 6 signatures on a petition in support and 4 e-mails that they submitted to the Board at the hearing. A Board member asked if the Variance for the side of the driveway was necessary. There were no questions from the audience. BOA Meeting July 14, 2011 9 No one spoke in favor or in opposition to this petition. The Chairman closed the hearing at 8:19 pm. On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0 to approve the following Variances from section 135-35, Table 2, Schedule of Dimensional Controls for 1454 Massachusetts Avenue: 1) VARIANCE to allow a side yard setback of 8.6 ft instead of the required 12 ft; 2) VARIANCE to allow a 9.7 ft. rear yard setback instead of the 15 ft required rear yard setback; 3) VARIANCE to allow an 8.9 ft side yard setback instead if the required 20 ft side yard setback for corner lots Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 14, 2011 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 14, 2011 Board Members Present: Chairman - Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Martha C. Wood and Associate Members Leo P. McSweeney and William Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Other Business: On a motion from Martha C. Wood and seconded by David G. Williams, the Board voted 5-0 to accept the minutes of April 28, 2011, May 26, 2011 and June 9, 2011. There was no other business. Dianne Cornaro, Administrative Clerk Submitted by: