TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS 5 Atlas Lane

Transcription

1 TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS 5 Atlas Lane There having been presented to the Board a petition by Erik Brooks, 9 Atlas Lane, Weston, MA the Board decided to hold a hearing on said petition on Wednesday, September 28, 2016 at 7:30 P.M and caused the following notice to be published in The Town Crier, a newspaper of general circulation in Weston: TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS Hearing Notice Notice is hereby given that the Board of Appeals of the Town of Weston will hold a public hearing on Wednesday, September 28, 2016 at 7:30 P.M in a conference room at the Weston Town Hall, on an application by Eric Brooks, 201 Newton St (AKA 9 Atlas Lane) (Map 39, Parcel 40) appealing a decision of the Building Inspector. Applications with said Board of Appeals are available for public inspection in the office of the Board of Appeals on Monday through Friday, from 9:00A.M. to 4:30 P.M. Board of Appeals of the Town of Weston By: Winifred I. Li, Chair The Board mailed the foregoing notice postage prepaid to the persons deemed by the Assessors to be the parties of interest as they appear on the most recent tax list.

2 Notice sent to: Board of Selectmen, Board of Assessors, Board of Health, Building Inspector, Conservation, Fire Chief, Planning Board Chairman, and Town Clerk, plus the Planning Boards of Lincoln, Natick, Newton, Waltham, Wayland, and Wellesley Board of Appeals Members: Carlson, Garfinkel and Rose, Jr. Noreen H. Stockman, Administrator Weston Board of Appeals Pursuant to the foregoing notice the Board held a public hearing on Wednesday, September 28, 2016, at the Weston Town Hall. The following members were present: Jane Fisher Carlson, Acting Chair Steven Garfinkel Alan Rose, Jr., Acting Secretary The subject site, 5 Atlas Lane, formerly identified as 201 Newton Street, Weston, Massachusetts (the Premises ) is located in the Single Family Residential District A. There were no previous Zoning Board of Appeals cases for the Premises. John F. Field, Building Inspector, issued a letter dated May 3, 2016 to Mr. John Leith, of Taylor, Ganson and Perrin, LLP, 160 Federal Street, Boston, MA requiring removal of signage for Atlas Road. (Mr. Leith reported that there was an error in this Memorandum, incorrectly listing 1 Atlas Lane as opposed to 9 Atlas Lane.) An appeal to this order was filed with the Zoning Board of Appeals on June 1, Included within the appeal was an Addendum to Application, a copy of the May 3, 2016 letter from the Building Inspector, a copy of the Certificate of Action for a 3- Lot Definitive Flexible Subdivision, with conditions, dated September 15, 2010, and filed on September 21, 2010, a copy of the Flexible Subdivision Plan of Land, prepared by MetroWest Engineering, Inc., 75 Franklin Street, Framingham, MA, signed by the Planning Board members on , and the engineer on , a copy of an from Betsy Ware (Town Planner), dated May 28, 2015, a copy of an from Erik Brooks dated May 29, 2015,an from Betsy Ware, dated June 2, 2015, a copy of the private road to be named Atlas Lane, issued by Ann Swaine, dated September 10, 2015 to all in-town departments, and a copy of the Issuance of a Certificate of Action, Site Plan Approval/Special Permit, with conditions for a 3-Lot Flexible Subdivision at 102 Ash Street, dated February 21, Appearing before the Board were Eric Brooks, 9 Atlas Lane, formerly known as 183 Newton, Street, Weston, Massachusetts (the Petitioner), with John Leith, his attorney. Both the Petitioner and the Zoning Board of Appeals Chair signed the Agreement for Extension of Statutory Hearing 2

3 Deadline, which was dated 9/28/2016, and subsequently filed with the Town Clerk. extension was requested in order to accommodate the Petitioner s schedule. The Mr. Leith stated that he received an from Ms. Stockman this afternoon, with an attached Memorandum from Imaikalani Aiu, Town Planner, dated September 28, Mr. Leith stated that during the meeting with the Planning Board on the flexible subdivision, Mr. Brooks stated that he did not have a plan to name the road. Mr. Leith stated that Mr. Field had looked through the Planning Board Minutes, but had not seen any details related to this specific issue of naming the road. Mr. Leith stated that he spoke to Mr. Field in May 2016, and that Mr. Field stated there was a video tape of the meeting. Mr. Leith stated that he asked Mr. Field for the tape, but it was never sent. He stated he sent a follow up dated June 6, 2016, but did not receive the requested tape. Mr. Leith stated that the original Certificate of Action; Site Plan Approval was dated 9/21/10. He stated that there was a supplemental modification due to the approximate 20-foot shift of the road location, due to the slight curve in Newton Street. The altered location creates an improved line of sight and access for vehicles. Mr. Leith stated that the Planning Board is very meticulous, and would typically have addressed the matter of naming the way, if there was intent to do so. He stated that the Planning Board has known that the meeting with the Zoning Board of Appeals was going to take place since the petition was filed on June 1, Mr. Leith stated that the Planning Board should have sent a memorandum about the case well in advance of the hearing, as opposed to the day of the hearing. Mr. Aiu stated he prepared the memorandum as requested by the Planning Board. He stated that he obtained a tape of the July15, 2015 Planning Board meeting, but that he actually needed the July 1, 2015 meeting, in order to review the details of the meeting. He addressed for the Board the difference between a driveway and a street, stating that a driveway may serve no more than three homes. Streets may serve an unlimited number of homes. Mr. Leith then referred to the September 10, 2015 notification on Town letterhead, that stated that 201 Newton Street would become 5 Atlas Lane, 183 Newton Street would become 9 Atlas Lane, and 203 Newton Street would become 15 Atlas Lane, and that this designation was official immediately. Mr. Brooks stated that he had the approval for a street sign, which was created by the DPW. Mr. Leith stated that he submitted the Declaration of Restrictions in March He stated that Betsy Ware forwarded this to Joel Bard of Kopelman and Paige (Town Counsel), and that the document was finalized in July Mr. Leith also stated that the naming of the way was discussed with Ms. Ware, as the agent for the Planning Board. Mr. Leith stated that the Petitioner is now faced with removal of the signage, or no further action by the Planning Board on the Certificate of Action, which document specified actions to be completed within 5 months, such as the contract and covenant, provision of a bond, and restrictions that need to be signed, as a condition of the special permit. 3

4 Mr. Brooks stated that there was a common driveway serving two house lots. Mr. Brooks stated that his dwelling was previously accessed from a driveway shared by four properties, so he altered access to his dwelling to the driveway shared by only two lots. Mr. Brooks now needs to be added to that homeowner trust, because he was not originally included. He stated that this requires approval by Town Counsel, in addition to the Planning Board. Notification was sent to Susan Haber, as interim Town Planner, due to the short timeline. Mr. Leith stated that Mr. Brooks also had landscaping requirements, which was to be completed within the 5 month timeline. Mr. Leith stated that that time period has now expired. Mr. Leith contacted the Planning Board for an extension of that time; however, the Planning Board won t sign the extension, due to the presence of the Atlas Lane sign. According to Mr. Field s violation letter, nothing further can be approved until the violation is cured. The Board inquired about the effect of overturning the Building Inspector s decision on curing the violation. Mr. Leith stated that they still need the Planning Board sign off. He stated that there are good reasons for the street sign, noting that this is preferable to both the Fire and Police departments. A letter of support from David B. Soar, Fire Chief, dated September 28, 2016 was entered into the record. Mr. Leith stated that without the sign, you would easily go past the turn for the three houses. Letters of support were also submitted from Taylor and Peter McIntire, 180 Newton Street, dated , Alix Keating, 200 Newton Street, dated , George Whitelaw, 181 Newton Street, dated 6/17/2016, Dave and Cassie Bordeau, 159 Newton Street, dated 6/19/2016, Ron Brinker, 205 Newton Street, dated 8/22/2016, and Bill and Harley Creelman, 215 Newton Street, dated 6/16/2016, which were entered into the record. There was a single dissent from Dottie Corbierre, 198 Newton Street, dated 9/26/2016. Mr. Leith stated that the signage for Atlas Lane was similar to both Idlewile Lane and Sunday Woods Road. He stated that there was no language in the Planning Board documents stating that the private driveway could not be named. Mr. Leith stated that Atlas Lane is not being turned into a street, and there is no obligation for maintenance by the Town. Mr. Leith stated that the Planning Board objection was that the street sign gave a cluttered look, and detracted from the rural character of the Town. Mr. Leith stated that the sign does not clutter the street, but blends in. He stated that there are six other signs for private lanes on Newton Street. Mr. Leith pointed out that Mr. Brooks went to the DPW to apply for the street sign, and followed the DPW s instructions about the design of the sign. Mr. Brooks stated that he has changed his address officially on all personal documents, and that it would create a substantial hardship to change those again. Roshan and Reshma Ramlukan, 15 Atlas Lane, formerly 203 Newton Street, stated that there is a problem for vehicles without the sign. Drivers frequently miss Atlas and have to go further up Newton Street to turn around. They stated that it is safer for their family to receive their mail at home, and not out on Newton Street. Elise Keating, 200 Newton Street, stated that she agrees with the signage, as before the sign, the fire department kept passing by the drive, and had to turn around, to find addresses. She stated that the result is that the Atlas addresses are easier for all to find, and results in a safer situation. 4

5 Mr. Aiu stated he was not on staff at the time the sign was installed. He stated that there is a different standard for streets, and that streets are designed to connect to other streets, as opposed to a driveway, which doesn t go through. Mr. Leith stated that while this driveway could circulate, it won t, due to the deed restriction. Mr. Leith stated that this driveway does not connect, similar to Idlewile Lane and Sunday Woods Road, and that there is no Town burden for plowing or sanding. No one further appeared on the Petition. The hearing closed, and the Board proceeded to deliberate. DECISION: Following due and open deliberation, the Board, by unanimous decision, overturned and vacated the May 3, 2016 letter of the Building Inspector, requiring removal of the signage for Atlas Lane. The Board found that there was no documentation or memorialization in the Planning Board Certificate of Action, Site Plan Approval prohibiting the naming of the driveway for the flexible subdivision, and that there was no documentation provided of a promise made to not name the driveway, or ask for a street sign. The Board reviewed the electronic mail to and from the former Town Planner regarding the naming of the drive, as well as the September 10, 2015 letter issued from Inspectional Services, specifying that the Atlas Lane addresses became official immediately. The September 28, 2016 letter of the Fire Chief also supported the sign for public safety, as well as a number of abutters. The Board found that the condition for Atlas Lane was similar to both Idlewile Lane and Sunday Woods Road, as neither of these ways connect to another street, and there is no Town burden to plow, sand or maintain these ways. The Board further determined that it would be an unfair burden to the residents of Atlas Lane to have to change all references to their addresses, following documentation of address approval they relied upon by the Town. The Board specified that approval for the sign to remain cannot be used to withhold processes or permits from the Petitioner, particularly as it applies to the amendment to the Homeowner Trust, and the Planning Board action on the Certificate of Action, which document specified actions to be completed within 5 months (such as the contract and covenant, provision of a bond, and restrictions that need to be signed, as a condition of the special permit). The Board found that the Petitioner filed the petition requesting a hearing with the Zoning Board of Appeals 29 days after the issuance of the letter of the Building Inspector, which constitutes a timely filing, and that the Petitioner should not suffer any penalties for good faith efforts in resolving outstanding matters. Petition: Appeal upheld A True Record Attest: Alan Rose, Jr., Acting Secretary Weston Board of Appeals 5

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