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HomeMy WebLinkAbout2012-06-14-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 24 Oakland Street, Map 56, Lot 157A Petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan 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. A letter of concern was received from Roger and Carolann Brockett of 29 Oakland Street. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner. Gina Szymanski, owner of the property, presented the petition. The petitioner is requesting a Variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 5.2 ft. instead of the required 15 ft. side yard setback. A Board member asked why the foundation was in already and had they notified neighbors of their project. They had a permit for another part of the project and it was cost efficient to have the foundations pored at the same time knowing if they did not receive the variance they could have it removed. They had talked with some neighbors but not all. There were no questions from the audience. No spoke in support of the petition. Barbara Tarrah of 24 Oakland Street explained on the surface they had no objection to the addition but was concerned with the work that was done prior to receiving the permit to do so. They are questioning the process. Bebe Fallick of 4 Diehl Street also spoke of her concern with the process of permitting. BOA Meeting June 14, 2012 2 James Lee of 26 Oakland Street felt that the neighbors did not know of anything happening until trucks came to do work. He would have liked to see earlier notification. The hearing was closed at 7:38 pm. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 5.2 ft. instead of the required 15 ft. side yard setback at 24 Oakland Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 6 Aerial Street, Map 13, Lot 58 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, existing and proposed plot plans, floor plans and elevations. Letters of support were received from: Ellen Lehn of 8 Aerial Street, Gregory and Linda Johnson of 4 Aerial Street, Judge Anthony Sullivan of 1 Aerial Street, Radhika Dutt and Danielle DeFrancesco of 7 Aerial Street. 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 7:38 pm by reading the legal notice and described information received from the petitioner. Ryan Barr of Boston Building Green and Architect Doug Sacra presented the petition. The petitioner 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 front yard setback of 13.9 ft instead of the required 30 ft front yard setback AND A SPECIAL PERMIT from section 135-29A to allow vertical modification of a nonconforming structure. There were no questions from members of the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:47pm. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board VARIANCE voted 5-0 to approve a 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 front yard setback of 13.9 ft instead of the required 30 ft front yard setback BOA Meeting June 14, 2012 4 On a motion by John J. McWeeney and seconded by Nancy M Adler, the Board voted SPECIAL PERMIT 5-0 to grant a from section 135-29A to allow vertical modification of a nonconforming structure at 6 Aerial Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 6 Moon Hill Road, Map 14, Lot 81 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, floor plans, elevations, copy of ZBA decision date September 27, 2007 and a Conservation order of conditions extension dated May 26. 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 Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:47 pm by reading the legal notice and described information received from the petitioner. VARIANCE The applicant is requestinga 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 front yard setback of 19 ft instead of the required 30 ft front yard setback. Linda and Allessandro Pagani, owners of the property, presented the petition. At the hearing the applicants presented additional comments for the request for the variance, a request to waiver the certified plot plan requirement, photographs of the front yard and Planning Committee notes dated September 18, 2007. They showed the Board a 3D model of the proposed addition. One of the Board members asked the petitioner to show which corner of the model was the 19 feet. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:55 pm. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to grant the waiver for the certified plot plan requirement. BOA Meeting June 14, 2012 6 On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board VARIANCE voted 5-0 approve a 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 front yard setback of 13.9 ft instead of the required 30 ft front yard setback at 6 Moon Hill Road. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 232 Lowell Street, Map 37, Lot 17 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 Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:56 pm by reading the legal notice and described information received from the petitioner. Tilan and Samanthi Perera, owners of the property, presented the petition. VARIANCE The applicant is requesting a 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 front yard setback of 24.4 ft. instead of the required 30 ft. front yard setback. At the hearing the applicants presented the Board with an updated plot plan. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:56 pm. On a motion by John J. McWeeney and seconded by Nancy M. Adler, the Board voted VARIANCE 5-0 to approve a 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 front yard setback of 26.4 ft. instead of the required 30 ft. front yard setback at 232 Lowell Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1776 Massachusetts Avenue, Map 49, Lot 36 The Chairman read a letter dated May 29, 2012 from the petitioner, Yolanda Taylor, requesting to withdraw the petition without prejudice. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to allow the petition to be withdrawn without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 12 Fairfield Drive, Map 98, Lot 14 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan with hand drawn location of shed, photographs and a request for a waiver of the certified plot plan requirement. 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. Letters of opposition were received from Dr. and Mrs. Bert Beander of 14 Fairfield Drive and Joseph and Judith Leader of 17 Fairfield Drive and a letter from the lawyer of 14 Fairfield Drive dated September 19, 2011. The Chairman opened the hearing at 8:00 pm by reading the legal notice and described information received from the petitioner. Klaus Fuchs and Ellen Lokos, owners of the property, presented the petition. VARIANCE The applicant is requesting a 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 4 inches instead of the required 15 foot side yard setback. The applicant is also requesting a waiver of the certified plot plan requirement. At the hearing the applicants presented 10 letters in support of their petition, a copy of the accessors property card and photographs of the shed and yard. The applicants bought the house in 2002 with the tennis court and shed existing. The shed was located on their neighbors property and when asked last year they did move the shed over to be totally in their own property. The shed was in that location since 1974 with the previous owners agreeing that it was okay where it was. A Board member clarified that they have moved the shed once already. They had moved it over 8 ½ inches so that it was on their own property. Mr. Fuchs showed a picture with a ruler to show it was within their property line. BOA Meeting June 14, 2012 10 The Board member asked the Zoning Administrator, David George, if this should have been on the mortgage plot plan when they bought the house. Mr. George explained the bank’s mortgage plan aren’t alwways accurate to lot lines. There were no questions from the audience. No one spoke in favor of the petition. Dr. Bert Beander of 14 Fairfield Drive spoke in opposition to the petition and his concern with encroachment issues when selling their property. In discussion one of the Board members had asked if the Board had an adequate plot plan. The applicant had accepted the surveyed plot plan of Dr. and Mrs. Beander. The hearing was closed at 8:28 pm. On a motion by Leo P. McSweeney and seconded by Nancy M. Adler, the Board voted 0-5 to grant the waiver for the certified plot plan requirement. This request was denied. On a motion by Nancy M. Adler and seconded by Leo P. McSweeney, the Board voted VARIANCE 0-5 to approve the variance to allow a 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 4 inches instead of the required 15 foot side yard setback to include any portion of the building, including overhang. THIS APPLICATION WAS DENIED. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 49 East Street, Map 63, Lot 112 and 152 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 Conservation Administrator and the Zoning Administrator. Letters of support were received from: Marc Nezer of 50 East Street, Daniel Grana of 1 Burnham Road, Andrea Furbush and Mitchell Feldman of 61 East Street, Marion Hager of 2 Seaborn Place and Sandra Gasbarro of 4 Seaborn Place. The Chairman opened the hearing at 8:32 pm by reading the legal notice and described information received from the petitioner. Joan Weinmayr, owner of the property, presented the petition. VARIANCE The applicant is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-19E (3) to allow gross floor area of SPECIAL PERMIT 1,487 sq. ft. instead of the maximum 1,000 sq. ft. allowed and a from section 135-37B to allow vehicular access from a non-frontage street. There were no questions from members of the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:36 pm. On a motion by John J. McWeeney and seconded by Nancy M. Adler, the Board voted VARIANCE 5-0 to approve a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-19E (3) to allow gross floor area of 1,487 sq. ft. instead of the maximum 1,000 sq. ft. allowed. BOA Meeting June 14, 2012 12 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board SPECIAL PERMIT voted 5-0 to grant a from section 135-37B to allow vehicular access from a non-frontage street. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 79 North Hancock Street, Map 71, Lot 266 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 Zoning Administrator. The Chairman opened the hearing at 8:36 pm by reading the legal notice and described information received from the petitioner. Attorney Edmund Grant presented the petition for the applicants Barry and Jessica Ballinger. Also present at the hearing was Ron Margolis, the applicants Architect. VARIANCE The applicant is requesting a 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 18.2 ft. instead of the required 20 SPECIAL PERMIT ft. front yard setback for a non-frontage street and a from section 135-37B to allow vehicular access fron a non-frontage street. Board members asked if the shed and the existing driveway would remain. They would like to keep the shed if possible and they would be removing part of the existing driveway. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:45 BOA Meeting June 14, 2012 13 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant the SPECIAL PERMIT from section 135-37B to allow vehicular access fron a non-frontage street; and On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board VARIANCE voted 5-0 to approve a 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 18.2 ft. instead of the required 20 ft. front yard setback for a non-frontage street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 14, 2012 14 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 14, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted to approve the minutes of May 24, 2012. Submitted by: Dianne Cornaro, Administrative Clerk Submitted by: Dianne Cornaro, Administrative Clerk