HomeMy WebLinkAbout2012-04-12-ZBA-Min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – 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: 333 Woburn Street, Map 46, Lot 35
This hearing was continued from March 22, 2012.
Petitioner submitted the following information with the application: nature and
justification of request, plot plan, floor plans, assessor’s information sheet, parking lot
map and an additional letter of explanation from Attorney Thomas Fenn.
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.
Letters of concern and/or opposition were received from: Peter and Beverly Kelley of
24 Forest Street; John O. Hayward of 358 Woburn Street; Bart and Lydia Earle of 231
Woburn Street and Joyce Balich of 20 Webb Street; Town Meeting Member J. R.
Lowey of Precinct 5 and Ephraim Weiss of 462 Lowell Street.
The Chairman re-started the hearing at 7:30 pm by describing additional information
received from the applicant; a letter of opposition from Rona Cohen of 20 Peachtree
Road; a letter of opposition from Carol A. Kerrigan of 352 Woburn Street and
additional comments from the Zoning Administrator.
The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) section 135-16, Table 1, Schedule of
Permitted User and Development Standard, Line 8.14 to allow a package liquor store
in a CRS zone.
Attorney Thomas Fenn on behalf of the petitioner, Navin Patel, explained the petition
to the Board. Also attending the hearing was the petitioner, Navin Patel; the property
owner, Raymond Mici and the Licensing Attorney for the petitioner, Arthur Pearlman.
At the hearing Attorney Fenn presented the Board with pictures and a parking plan of
the area. He spoke of other areas in town where there is a CRC zone with a liquor
store; parking calculations; containers in the back lot; traffic accident reports and
addressed concerns of the neighbors.
BOA Meeting April 12, 2012 2
Board members asked whose land the containers were on; if the dumpsters would be
moved and which tenant owns the containers.
A Board member asked what the times the liquor store would be open were and the
applicant agreed that they would abide by any time conditions put on by the Board.
The following spoke from the audience with questions, concerns and in opposition to
the petition:
Suzanne Looney of 6 Pheasant Lane
Michael Doran of 306 Woburn Street
Linda LaConte of 4 Rolf Road
William Hurley of 338 Woburn Street
Marianne Slight of 7 Rolf Road
Maria LaConte of 4 Rolf Road
Nancy McInerney of 13 Appletree
Ruth Walsh of 343 Woburn Street
Concerns of the audience were regarding trash, the back entrance to the parking lot,
lighting in the back parking lot, the past history of building owner not being a good
neighbor, traffic in an already congested area and cars exiting from the parking lot.
No one spoke in favor of the petition.
Attorney Fenn addressed concerns of the neighbors.
The hearing was closed at 8:30.
The Board discussed the concerns of the Board and the neighbors regarding adding
the liquor store to this area.
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 0-5 to approve the request for a SPECIAL PERMIT in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16, Table 1,
Schedule of Permitted User and Development Standard, Line 8.14 to allow a package
liquor store in a CRS zone. The motion was denied.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting April 12, 2012 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – 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: 43 Albermarle Avenue, Map 20, Lot 107B
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 8:32 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting
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 of 15 ft 4 inches instead of the
required 30 ft front yard setback.
Brian Hughes, owner of the property, presented the petition.
A Board member asked what would happen to the existing driveway. The applicant
explained he will be putting in landscape.
There were no audience questions.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:35 pm.
On a motion by John J. McWeeney 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 15 ft. 4 inches instead of the
required 30 ft. front yard setback
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting April 12, 2012 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – 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: 17 Winthrop Road, Map 40, Lot 24
Petitioner submitted the following information with the application: 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 Health Director and the Zoning
Administrator.
The Chairman opened the hearing at 8:35 pm by reading the legal notice and
described information from the petitioner relative to the petition submitted.
The applicant is requesting a VARIANCE 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 a side yard setback of 9 ft 1 inches instead of the
required 15 ft side yard set back.
Lauren Aguirre, owner of the property, presented the petition and explained the
proposed project to the Board.
Board members asked how much land would be between the house and the garage, if
the driveway would be staying as it currently is and it why the garage cannot be moved
closer to the tree so that a variance would not be needed.
A Board member asked the petition what was the hardship to grant this variance.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:48 pm.
BOA Meeting April 12, 2012 5
Decision:
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 0-5 to approve a VARIANCE 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 a side yard setback of 9 ft 1 inches instead of the required 15 ft side
yard set back. THIS PETITION WAS DENIED.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting April 12, 2012 6
DRAFT Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – 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: 52 Taft Avenue, Map 13, Lot 244
Petitioner submitted the following information with the application: nature and
justification of request; topographic plan; plot plan, floor plans and a copy of a decision
dated August 24, 2006.
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 8:49 pm by reading the legal notice and
described information from the petitioner relative to the petition submitted.
The applicant is requesting a modification of a Variance in accordance with the Zoning
By-Law (Chapter 135 of the Code of Lexington) to allow modification of a variance
issued August 24, 2006.
Brendon Jones, owner of the property presented the petition to the Board by
explaining the proposed project.
The Board had no questions.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:51.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 5-0 to approve the modification of the variance issued August 24, 2006.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting April 12, 2012 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – 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 Braemore Terrace, Map71, Lot 233
Petitioner submitted the following information with the application: nature and
justification and a plot plan.
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,
the Planning Director and the Zoning Administrator.
The Chairman opened the hearing at 8:53 pm by reading the legal notice and
described information from the petitioner relative to the petition submitted.
The applicant is requesting a special permit in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-69C and 135-37B to allow means
of access for vehicles from another street.
Principal partner, Dave Sukoff representing the applicant Jason Brickman, presented
the petition.
There were no questions from the Board; a Board member did raise an issue that the
Town of Lexington should look at this by-law to allow this access without needing a
special permit.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:55 pm.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 5-0 to grant a special permit in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) section 135-69C and 135-37B to allow means of access
for vehicles from another street.
BOA Meeting April 12, 2012 8
Submitted by: Dianne Cornaro, Administrative Clerk
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – 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: 130 Waltham Street, Map 49, Lot 16A
Petitioner submitted the following information with the application: nature and
justification, topographic plan, site plan 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 8:55 pm by reading the legal notice and
described information from the petitioner relative to the petition submitted.
The applicants are requesting a Special Permit Renewal in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-78D to renew a
special permit granted May 2002 for signage for a period of 10 years.
The applicants are also requesting a waiver to the plot plan requirement.
Sandra Blanchette, Office Administrator and Susan McCleary, President of the
Lexington Arts and Crafts presented the petition.
A Board member asked if these signs had been reviewed by the DAC. David George
answered that the Chairman of DRC had reviewed the signs and on behalf of the
committee found no issues.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:58
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 5-0 to grant the waiver of the plot plan requirement.
BOA Meeting April 12, 2012 9
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 5-0 to grant the special permit renewal for the signage for a period of ten years
with the following conditions:
1. Banner signage shall be hung no more than 6 times a year.
2. The two sandwich board signs and the banner sign shall be removed at the
close of the activity.
3. This permit shall be for 10 years and will expire on April 22, 2022.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting April 12, 2012 10
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Leo P. McSweeney, David
G. Williams, Martha C. Wood and Associate Member William Kennedy.
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: Hazel Road, Map 88, Lot 36/37
Petitioner submitted the following information with the application: nature and
justification, topographic plan, site plan 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 Building Commissioner, the
Conservation Administrator, the Engineering Department and the Zoning
Administrator.
The Chairman opened the hearing at 9:03 pm by reading the legal notice and
described information from the petitioner relative to the petition submitted.
The applicant is requesting a permit for removal or placement of soil in accordance
with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-11 and
Chapter 43, section 1 to allow placement of fill on a house lot across a private road.
George Johannesen of Allied Engineering presented the petition for the property
owner, Ashok Patel.
At the hearing Mr. Johannesen presented the Board with updated plans of the site and
described the proposed project.
Board Members asked for a clarification of what the Board was being asked to
approve; if the fill was from the building of the house and questioned the contours of
where the fill was going.
Other Board members asked why not truck the fill off the site; why so many trees were
cut down and asked if there was a planting landscape plan to see.
There was a discussion to clarify where the driveways would be and the damage done
to Hazel Street by construction vehicles.
BOA Meeting April 12, 2012 11
The following members of the audience had questions and spoke of their concerns:
1. Lawrence Ladd of 15 Pine Knoll Road
2. Nadi Choduury of 9 Hazel Road
3. Aykut Bilge of 7 Hazel Road
4. Ruth Ladd of 15 Pine Knoll Road
5. Dave Hunter of 22 Fifer Lane
6. Denise Dubay of 11 Pine Knoll Road
7. Wendy Rudner o 18 Pine Knoll Road
8. Gladys Sadeghpour of 5 Pine Knoll Road
Zoning Administrator, David George explained the law for private road improvements
and takings for private use.
After a lengthy discussion members of the Board wanted to see a Landscape-planting
plan and wanted comments from Engineering and Conservation regarding the new
plans received.
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board
voted 5-0 to continue the hearing until 7:30 pm on Thursday, April 26, 2012 to give the
applicant time to address the Boards request for additional information and comments.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting April 12, 2012 12
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
April 12, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Leo P. McSweeney, David
G. Williams, Martha C. Wood and Associate Member William Kennedy.
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Other Business:
On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board
voted to approve the minutes of February 23, 2012 and March 22, 2012.