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HomeMy WebLinkAbout2012-01-12-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Board Members Present. Chairwoman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Martha C Wood Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address 27-31 Massachusetts Avenue, Map 13, Lots 415A, 415B Petitioner submitted the following information with the application nature and justification of request, site plot plan and a copy of a Decision dated January 13 2011 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 Conservation Administrator and the Zoning Administrator The Chairman opened the hearings at 7 30 pm by reading the legal notice and described information received from the petitioner The applicant is requesting A RENEWAL of the previously granted SPECIAL PERMIT in accordance with Ch 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-11 to allow continued operation of the car wash at 27-31 Massachusetts Avenue subject to conditions Attorney Edmund Grant presented the petition for the applicant, Ronald G Thompson, Mass Ave Realty LLC Also present at the hearing was Greg Thompson, Manager of the car wash Attorney Grant explained the history of the car wash and explained the requested modifications of the hours of operation There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petitions The hearing was closed at 7 34 pm Decision On a motion by Leo P McSweeney and seconded by Martha C Wood the Board voted 5 to 0 to grant a RENEWAL of the previously granted SPECIAL PERMIT in accordance with Ch 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135- BOA Meeting JanuarN 12,2012 2 11 to allow continued operation of the car wash at 27-31 Massachusetts Avenue subject to the following conditions as duly modified January 12, 2012 1 This special permit is for a term of 5 years and will expire on January 13, 2017 2 The hours of operation for the tunnel bay (preexisting, older carwash) shall be 7 00 am until 5 30 pm on Saturday and Sunday and 7 00 am until 7 30 pm Monday through Friday The hours of operation for the newer 5 bay self service, touch less, automated car wash shall be 7 00 am until 9 00 pm seven days a week. 3 Applicant shall continue to maintain the evergreen tree plantings behind the guardrail extending from the fence at the rear of the property for screening 4 Lighting of signage shall be only during hours of operation Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae eget BOA Meeting Januar 12,2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Board Members Present. Chairwoman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Martha C Wood Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address 22 Forest Street, Map 49, Lot 59 Petitioner submitted the following information with the application nature and justification of request; topographic plans, plot plan, floor plans and elevations 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, the Planning Director and the Zoning Administrator The Chairman read a letter from the petitioner, David Barone, requesting to postpone the hearing until Thursday, February 9, 2012 at 7 30 pm On a motion by Martha C Wood and seconded by John J McWeeney, the Board voted 5-0 to postpone the hearing until Thursday, February 9, 2012 at 7 30 pm Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting Januar 12,2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Board Members Present. Chairwoman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Martha C Wood Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address 2 Opi Circle, Map 75, Lot 22E The Chairman read a request from Attorney Brian Devellis, representing Bruno Gallinelli of Pino LP, to withdraw this application without prejudice On a motion by John J McWeeney and seconded by Martha C Wood, the Board voted 5-0 to allow the petition to be withdrawn without prejudice Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting Januar 12,2012 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Board Members Present. Chairwoman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Martha C Wood Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 42 Cliffe Avenue, Map 20, Lot 155 Petitioner submitted the following information with the application 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 and the Historic Districts Commission Clerk. Comments were received from the Health Director and the Zoning Administrator The Chairman opened the hearing at 7 45 pm by reading the legal notice and described information from the petitioner relative to the petition submitted The applicant is requesting Two VARIANCES, from Ch 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-35A, Table 2 Schedule of Dimensional Controls and § 135-10B to allow. 1) A variance to allow a rear-yard setback of 5 91 ft. instead of the required 15 ft. rear-yard setback, and 2) A variance to allow a front-yard setback of 18 ft. instead of the required 30 ft. front-yard setback for a proposed addition Jan L Brenner, owner of the property, presented the petition giving an outline of the addition project. One of the Board Members asked for clarification as to what was the reason for the front variance There were no questions from the audience No one spoke in favor or in opposition to the petitions The hearing was closed at 7 48 pm Decision On a motion by John J McWeeney and seconded by Leo P McSweeney, the Board voted 5-0 to grant the following two VARIANCES, from Ch 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-35A, Table 2 Schedule of Dimensional Controls and § 135-10B BOA Meeting JanuarN 12,2012 1) A variance to allow a rear-yard setback of 5 91 ft. instead of the required 15 ft. rear-yard setback; and 2) A variance to allow a front-yard setback of 18 ft. instead of the required 30 ft. front-yard setback. On a motion by Martha C Wood and seconded by John J McWeeney, the Board voted 5-0 to grant from the Board's Rules and Regulations, § 138-9, a waiver from the plot plan requirements On a motion by Leo P McSweeney and seconded by John J McWeeney, the Board voted 5-0 to grant a fee waiver The above listed zoning relief and waiver is for property located at 42 Cliffe Avenue in Woburn Street. Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting Januar 12,2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Board Members Present. Chairwoman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Martha C Wood Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 23 North Hancock Street, Map 71, Lot 107 Petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, elevations, 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 hearings at 7 50 pm by reading the legal notice and described information from the petitioner relative to the petition submitted A petition, signed by 5 abutters, in opposition to the request was received The applicant is requesting relief for 2 VARIANCES in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow 1 ) A VARIANCE from the side yard setback of 10 ft instead of the required 12 ft side yard setback and 2 ) A VARIANCE to allow an 18 4 ft. front yard setback instead of the required 30 ft front yard setback to construct a 22 ft by 22 ft garage to the front of the existing structure Homeowner Elazabeth Tse-Au presented the petition to the Board A Board member asked what they were planning on doing with the existing garage and driveway Ms Tse-Au explained they would use the garage for a workshop and storage and they would keep the driveway Matt Saradjian of 259 Bedford Street had many questions for the applicant: can the neighbors look at the plans submitted, will there be additional public meetings, height restrictions, has a contractor been selected yet, would the petitioners share the insurance certificates with the neighbors, how will the vehicle traffic from contractors be handled and how do they feel this project will impact their neighbors? Dean Curtin of 578 Marrett Road who has a financial interest in 20 North Hancock Street asked about the existing garage and driveway and also asked about the increase in area of the lot. BOA Meeting JanuarN 12,2012 8 David George, the Zoning Administrator, explained that since the petitioners were asking for a variance there is not lot size requirement. That only applies to special permits No audience member spoke in favor of the petition Dale and Roberta Dillavou of 25 North Hancock Street spoke strongly in opposition to the petition Andy Mahoney of 21 North Hancock Street also spoke in opposition to the petition The hearing was closed at 8 25 pm and after a Board discussion was reopened at 8 46 to give the applicant the opportunity to talk with the Board regarding options open to them regarding withdrawing this application without prejudice Decisions On a motion by Martha C Wood and seconded by Leo P McSweeney, the Board voted 5-0 to allow the petition for both variances to be withdrawn without prejudice Seafnu ted - lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting Januar 12,2012 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Board Members Present. Chairwoman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Martha C Wood Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 1556 Massachusetts Avenue, Map 48, Lots 47, 48, 49 Petitioner submitted the following information with the application nature and justification of request; plot plan, elevations, 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 Health Director, the Historic Districts Clerk and the Zoning Administrator The Chairman opened the hearings at 8 25 pm by reading the legal notice and described information from the petitioner relative to the petition submitted The applicant is requesting 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow 1 ) A VARIANCE from the side yard setback of 1 0 ft. instead of the required 10 ft. and to 2 ) A VARIANCE from the rear yard setback of 11 ft. 5 in instead of the required 15 ft rear yard setback to replace the existing garage at the rear of the property with a historic structure from 5 Harrington Road Architect Colin Smith presented the petition for the owners of the property, Jill and Luis Melendez. Letters of support were received from Jerry and Sue Wacks of 1 Winthrop Road and John and Jeanne Wardwell of 1536 Massachusetts Avenue The Board asked the applicant what would the structure be used for; will they be increasing the current setback relief; how many stories would the new structure be, what would the '/ story be used for and would the tree in front be taken down They Board and the applicant had a discussion on moving the structure to be away from the house and to reduce the amount of relief needed It was found not to be feasible to move it any other way No one from the audience had any questions Tom Fortman of 5 Harrington Road spoke in support of this petition BOA Meeting Januarti 12,2012 10 No one spoke in opposition Decision On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board voted 5-0 to grant a VARIANCE, from Ch 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-35A, Table 2 Schedule of Dimensional Controls to allow a side-yard setback of 1 ft. instead of the required 12 ft. side-yard setback, and On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board voted 5-0 to grant a VARIANCE, from Ch 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-35A, Table 2 Schedule of Dimensional Controls to allow A rear-yard setback of 11 ft. 5 in instead of the required 15 ft. rear-yard setback BOA Meeting Januar 12,2012 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall January 12 2012 Other Business On a motion by John J McWeeney and seconded by Martha C Wood, the Board voted to approve the minutes of November 10, 2011 and December 8, 2011 Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et