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 January 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 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
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 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 January 12, 2012 6
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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 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 January 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 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 ½ 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 January 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 January 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.
Submitted by: Dianne Cornaro, Administrative Clerk