HomeMy WebLinkAbout2012-03-08-ZBA-Min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 8, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, Martha C. Wood and Associate Member Jeanne K. Krieger
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 321 Marrett Road, Map 32, Lot 56
Petitioner submitted the following information with the application: nature and
justification of request, site plan and a copy of the previous decision dated August 26,
2010.
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
Selectmen’s Office 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 Special Permit in accordance with the Lexington Zoning
By-Law section 135-16A, Table 1: Permitted Uses and Development Standards, Line
9.12 to allow a fast food service, Prime Roast Beef and Seafood.
Attorney John Farrington presented the petition for the applicants and owners of the
business, Diane and Jim Garabedian. Diane Garabedian was present at the hearing.
The applicant is requesting the permit be issued for 5 years and the hours of operation
be 11 am until 10 pm, seven days a week.
A member of the Board confirmed that the Sunday hours have expanded since the first
Special Permit was issued.
There were no questions from the audience.
Melanie Blower of 18 Grapevine Avenue spoke of her concern with traffic and cars
parking along Grapevine Avenue.
Kelly Reilly of 365 Wellington Condo Association spoke of her concern with traffic in
the area.
Joel Adler of 22 Village Circle spoke in favor of the petition.
The hearing was closed at 7:39.
BOA Meeting March 8, 2012 2
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 5-0 to grant the special permit in accordance with the Lexington Zoning By-Law
section 135-16A, Table 1: Permitted Uses and Development Standards, Line 9.12 to
allow a fast food service, Prime Roast Beef and Seafood, for a period of 5 years. This
special permit will expire on March 8, 2017 and it will be the responsibility of the
applicant to start the process to renew the special permit 8 weeks before it expires.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting March 8, 2012 3
DRAFT Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 8, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, Martha C. Wood and Associate Member Jeanne K. Krieger
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 31 Parker Street, Map 49, Lot 52
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 Zoning Administrator.
The Chairman opened the hearings at 7:39 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting 2 VARIANCES in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington): Variance from section 135-35A, Table 2,
Schedule of Dimensional Controls to 1) allow a front yard setback of 24.6' instead of
the required 30 ft. front yard setback and 2) Variance from section 135-38A to allow a
side yard setback of 8.1' instead of the required 10' side yard setback.
Kristina Santonelli, owner of the property, presented the petition with her Architect, Bill
Hubner.
A Board member asked if a tree in the backyard was going to stay. That is the intent
of the homeowner.
There were no audience questions.
No one spoke in opposition of the petition.
Ben Santonelli, of 31 Parker Street spoke in favor and said this project will cause no
disruption to neighbors
The hearing was closed at 7:45 pm.
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board
voted 5-0 to approve a Variance from section 135-35A, Table 2, Schedule of
Dimensional Controls to allow a front yard setback of 24.6' instead of the required 30
ft. front yard setback; and
BOA Meeting March 8, 2012 4
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board
voted 5-0 to approve a Variance from section 135-38A to allow a side yard setback of
8.1' instead of the required 10' side yard setback.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting March 8, 2012 5
DRAFT Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 8, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, Martha C. Wood and Associate Member Jeanne K. Krieger
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 82 Cliffe Avenue, Map 20, Lot 165
Petitioner submitted the following information with the application: nature and
justification of request; topographic plan; plot plan; copies of deeds from 1915, 1917
and 1923 and additional comments from Attorney Thomas Fenn dated March 7, 2012.
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 Planning Director and the
Zoning Administrator.
Letters of opposition and concern were received from: Richard Brown & Kim Sichel of
50 Hillcrest Avenue; Bradley and Susanne Dillman of 41 Hillcrest Avenue; Donna Gatti
and Ed Filton of 37 Hillcrest Avenue; Roman and Elana Klovski of 78 Cliffe Avenue
and Paul Przyjemski of 84 Cliffe Avenue.
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.
4 Variances
The applicant is requesting in accordance with 135-35A, Table 2,
Schedule of Dimensional Controls of the Zoning Bylaw to: 1) allow lot area of 7,131sq
ft instead of the required 15,500 sq ft; 2) allow a frontage of 60 ft instead of the
minimum of 125 ft; 3) allow a front yard setback of 1.4 ft instead of the required 30 ft;
and 4) allow a side yard setback of 4.2 ft instead of the required 15 ft.
Attorney Thomas O. Fenn, representing the homeowner Andrea Bell, presented the
petition. Ms. Bell has relocated to North Carolina due to a job transfer and was unable
to attend the hearing.
Attorney Fenn explained to the Board Ms. Bell’s financial hardship upon attempting to
sell her home she learned that actions by the previous owner, prior to her ownership,
in separating off 2 parcels from his parent’s deed had rendered Ms. Bell’s property
non-conforming and thus not meeting local zoning which made this not a saleable
property.
A Board member asked if the Board was to make this lot legal then would 0 Hillcrest
be come legal as well. 0 Hillcrest is already a buildable lot. He also asked if the
previous seller would be willing to buy it back from Ms. Bell.
BOA Meeting March 8, 2012 6
Another Board member asked if the 2 back lots were owned by 2 separate parties.
The Chairman reminded the audience that the Board would only address the petition
for 82 Cliffe Avenue and would not address any issues with the 2 lots that were split
from it.
Brandon Dillman of 41 Hillcrest Avenue asked if the lot is not saleable, how was she
able to buy it. Attorney Fenn explained it was an error by the title lawyer involved in
her purchase.
Richard Brown of 50 Hillcrest Avenue asked for clarification of the by-laws as to how
the lots, once owned in common ownership, can be split.
Roman Klovski of 78 Cliffe Avenue wanted to help Ms. Bell but had concerns with the
Hillcrest Avenue lots.
Robert Sanders of 70 Cliffe Avenue and Ben Fein-Cole of 68 Cliffe Avenue spoke in
favor of the petition.
Richard Brown of 50 Hillcrest Avenue spoke in opposition to the petition.
The hearing was closed at 8:19 pm.
Decision:
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 5-0 to approve 4 Variances in accordance with 135-35A, Table 2, Schedule of
Dimensional Controls of the Zoning Bylaw for the following relief:
1) allow lot area of 7,131sq ft instead of the required 15,500 sq ft;
2) allow a frontage of 60 ft instead of the minimum of 125 ft;
3) allow a front yard setback of 1.4 ft instead of the required 30 ft; and
4) allow a side yard setback of 4.2 ft instead of the required 15 ft.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting March 8, 2012 7
DRAFT Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 8, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, Martha C. Wood and Associate Member Jeanne K. Krieger
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 68 Shade Street, Map 26, Lot 446
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 Zoning Administrator.
The Chairman opened the hearing at 8:19 pm by reading the legal notice and
described information from the petitioner relative to the petition submitted.
The applicant is requesting a Variance from section 135-35A, Table 2, Schedule of
Dimensional Controls to allow a front yard setback of 23 ft. 8 in. instead of the required
30 ft. front yard setback to add a landing and steps for a secondary entrance and a
small roof over the 2 car garage.
Alisa Cohen, owner of the property presented the petition. Attending with Mr.
Anderson was her architect Bill Hubner.
Ms. Cohen explained the project and spoke of the topographic issues of the lot.
A Board member asked if they had considered moving the wall back and if there was a
way of getting into the house from the garage. They could not move the wall back due
to the topographic issues and there are stairs in the garage into the house.
There were no questions from the audience.
No one spoke in favor or in opposition to the petitions.
The hearing was closed at 8:24 pm
BOA Meeting March 8, 2012 8
On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted
5-0 to approve a Variance from section 135-35A, Table 2, Schedule of Dimensional
Controls to allow a front yard setback of 23 ft. 8 in. instead of the required 30 ft. front
yard setback at 68 Shade Street.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting March 8, 2012 9
DRAFT Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 8, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, Martha C. Wood and Associate Member Jeanne K. Krieger
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1) On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the
Board voted to approve the minutes of January 26, 2012.
2) On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the
Board voted to approve the minutes of February 9, 2012.
Submitted by: Dianne Cornaro, Administrative Clerk