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HomeMy WebLinkAbout2012-05-10-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 10, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams 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 This petition was continued from the April 12, 2012 hearing to receive additional information requested by the Board and continued from the April 26, 2012 hearing to give the owner, Ashok Patel, time to review his options after purchasing additional property on Hazel Road. th Prior to the May 10 hearing the Board had received a letter from George Johannesen of Allied Engineering requesting the petition to allow a Special Permit for removal or placement of soil be withdrawn without prejudice. At the May 10, 2012 hearing the petitioner, Ashok Patel, was represented by Attorney John Farrington and George Johannesen of Allied Engineering. Attorney Farrington spoke of a meeting they had with the Building Commissioner, Garry Rhodes, the Zoning Administrator David George and members of the Lexington Engineering Department along with the petitioner and his Engineers. The petitioner would like to withdraw the application without prejudice and be under the jurisdiction of the Building Commissioner to comply with the enforcement letter issued by Mr. Rhodes. There was a discussion between the petitioner and the Board with many questions as to what would be done to the site, how would conditions be enforced and by who and what was being done for the erosion on the site. The Chairwoman explained to the Board they had 3 options; they could vote to accept the withdrawal without prejudice; vote not to grant the special permit or they could approve the special permit so that they could enforce conditions. There were no questions from the audience. No one spoke in favor of the petition. The following spoke with concerns for the petition: Gertrude Sadeghpour of 5 Pine Knoll Road, Denise Dube of 11 Pine Knoll Road and Diane Learned of 32 Winter Street. The hearing was closed at 8:30 pm. BOA Meeting May 10, 2012 2 There was a discussion by the Board on the petition before them and the options available to them. The members of the Board had a concern that the neighbors’ complaints be addressed. On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board voted 5-0 to allow the withdrawal without prejudice of the petition for a special permit to allow removal or placement of soil at Hazel Road, Map 88, Lot 36/37. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 10, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 10, 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: 46 Bedford Street, Map Map 57, Lot 14A The Chairman read a request from the petitioner, Back Kay Signs, dated May 7, 2012 requesting to withdraw the application without prejudice due to the Historic District Commission’s decision not to allow the business owner, Verizon Wireless, to include the language “premium retailer” on the sign which is a requirement of the dealer. The petitioner is abandoning this location. On a motion by Leo P. McSweeney and seconded by David G. Williams, the Board voted 5-0 to allow the withdrawal without prejudice of the petition to allow for more signs than are allowed by right. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 10, 2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 10, 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 Address: 14 Lisbeth Street, Map 13, Lot 326 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 8:14 pm by reading the legal notice and described information received from the petitioner. The applicant is requestingVARIANCE in accordance with the Zoning By-Law a (Chapter 135 of the Code of Lexington) section 135-19 D (1) to allow minimum lot area of 4800 sq. ft. instead of the required 15,500 sq. ft. and AND A SPECIAL PERMIT from section 135-19 G to allow expansion or change of a pre-existing nonconforming two-family dwelling. , Contractor Doug Touart and the owners of the property, Karen Myers and Mark Brus presented the petition. Board members wanted clarification of what part of the project was already permitted by the Building Department; what are the parking requirements and asked the Zoning Administrator what are the regulations for a basement apartment. Patty Gunicke, representing Nancy Yost of 18 Lisbeth Street, asked if the petitioner could please be mindful of the health conditions of Ms. Yost and asked if there could be a condition that the street not be blocked at any time to keep the Street open for emergency vehicles. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:34 pm. BOA Meeting May 10, 2012 5 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-19 D (1) to allow minimum lot area of 4800 sq. ft. instead of the required 15,500 sq. ft. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to grant the SPECIAL PERMIT from section 135-19 G to allow expansion or change of a pre-existing nonconforming two-family dwelling with the condition that the street will not be blocked at any time during construction. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 10, 2012 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 10, 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 Garry Rhodes, Building Commissioner Other Business: 1) 45, 55, 65 Hayden Avenue – Ethan Solomon, representing Cubist Pharmaceuticals, requesting the Board determine that certain changes to a Special Permit with Site plan decision recorded on July 9, 20120 are minor in nature. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 that the proposed modifications to the Special Permit with Site Plan review are minor revisions. Submitted by: Dianne Cornaro, Administrative Clerk