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Date:
June 1, 2021
Time:
7:30 PM - 8:30 PM
Location:
Virtual via Cisco Webex
Address:
Burlington, MA 01803
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Board of Appeals

Tuesday, June 1, 2021


Click the following link to join the meeting;
https://townofburlington.webex.com/townofburlington/j.php?MTID=me338bfe38428c2c40d16d8e17909a63b

Meeting number (access code) 173 963 1871
Meeting password: YJpU9RGp4W3

Join by phone 1-408-418-9388 United States Toll
Join from a video system or application Dial 1739631871@townofburlington.webex.com
Join using Microsoft Lync or Microsoft Skype for Business Dial 1790044690.townofburlington@lnc.webex.com

Public Input will be able to make comments during the hearing during the time for public comment. The hearing will also be broadcast by BCAT and streamed on Facebook Live via the BCAT Facebook.

Agenda:
20-21
Continued Hearing
35 Mountain Rd

The petition of Winn View Heights II, LLC for property located at 35 Mountain Road, Burlington, MA 01803, shown on the Burlington Assessor’s records as the following Book-Page# 12319-229 Map and Parcel reference: 49-82-0. The applicant is seeking a Comprehensive Permit through the Massachusetts Local Initiative Program (LIP) pursuant to MGL ch. 40B, Section 21. The proposal is to construct a single building containing 24 condominium units and all units will be age (55+) restricted. All the units will have 2 bedrooms and 2 bathrooms. Six of the 24 units will be reserved for households earnings up to 80% of the median income.

Documentation in support of this proposal is available for public inspection as shown on plans filed with the Zoning Board of Appeals a copy of which is on file with the Town Clerk’s office and on the Board of Appeals website (application #2020-21).

21-6
Continued Hearing
Richardson Rd

The petition of John Hussey Jr. and Denise Hussey for property located at Richardson Road, Burlington, MA 01803, as shown on Book-Page # 35890-128, Map 43C- 20-35 of the Assessor’s Maps of Burlington, to obtain an amendmend from the Board of Appeals to amend the site plan and any applicable conditions or restrictions granted or set forth in the 2002 Comprehensive Permit regarding Winnview Heights Condominium.
Documentation in support of this proposal is available for public inspection as shown on plans filed with the Zoning Board of Appeals a copy of which is on file with the Town Clerk’s office and on the Board of Appeals website (application #21-6).

New Hearing
21-11
3 Forbes St

The petition of Sunil Prajapati for property located at 3 Forbes Ave, Burlington, MA 01803, as shown on the Burlington Assessor’s records as shown on Map# 5, Parcel # 23-235-0. The applicant is seeking a variance to convert the existing property of a single-family dwelling with an In-Law area to a two-family structure.  Reason for denial is per the Town of Burlington Zoning by Law (4.2.1.1.A) said proposed use is permitted. A condition to permit said use is the need for a 20% buffer with a minimum of 25’-0” (article 8, section 8.5.5.5) between two residential zoned properties (3 Forbes Ave., and 5 Forbes Ave.).

Existing conditions show the existing structured being 13.1 feet, the rear corner of the addition being 22.5 feet and two sheds setting within the required buffer.

Documentation in support of this proposal is available for public inspection as shown on plans filed with the Zoning Board of Appeals a copy of which is on file with the Town Clerk’s office and on the Board of Appeals website (application #21-11).

New Hearing
21-13
209 Middlesex Turnpike

The petition of Andrew Ross located at 209 Middlesex Turnpike, Burlington, MA 01803, as shown on the Burlington Assessor’s records as the following Book-Page# 69294-431, Map and Parcel reference: 33-88-0. The applicant is seeking a Special Sign Permit to install a Wall Sign to be 4’-1 ½” x 16’-11” to be located on the Front (west) elevation over main entry which is at the second-floor level above roof line to read ‘Arthur Murray Dance Center (two lines) with a dancing couple silhouette in the center’.
The Wall Sign is denied due to Burlington General by-laws:
13.1.4.2.1 Walls signs shall be the same as for business zones except that signs shall, be six (6) feet or less in height.
13.1.3.2.4 Wall Signs, other than the first floor, a sign shall be six (6) feet or less in length.
13.1.5 A Wall Sign means any sign erected against the wall of a building or structure, or a sign that is a part of the building or structure with the exposed face of the sign in a plane parallel to the plane of said wall, building or structure and shall not project more than one (1) foot from the side of the structure or above the highest line of the roof or extend beyond a corner of the structure.

Documentation in support of this proposal is available for public inspection as shown on plans filed with the Zoning Board of Appeals a copy of which is on file with the Town Clerk’s office and on the Board of Appeals website (application #21-13).

New Hearing
21-14
94 Locust

The petition of Nguyet Nguyen for property located at 94 Locust Road Burlington, MA 01803, as shown on the Burlington Assessor’s records as Book-Page# 69021-205 Map and Parcel reference: 24-58-1. The applicant is seeking a variance to construct a 24’-0” x 27’-0” 2 story addition (2 car garage with bedroom(s) above) to the right side of the existing dwelling with a proposed set back of 18’-0” off the far right corner of addition to the front property line.

Denial due to Burlington Zoning By-Law, Article 5, section 5.2.0 - Density Regulation Schedule:
No building or structure shall be constructed nor shall any existing building or structure be enlarged or altered except in conformance with the D.R.S., as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear setbacks, and maximum height of structure except as may otherwise be provided elsewhere. Setback of the addition will be less than 25’-0” minimum required setback.

Documentation in support of this proposal is available for public inspection as shown on plans filed with the Zoning Board of Appeals a copy of which is on file with the Town Clerk’s office and on the Board of Appeals website (application #21-14).
Minutes from May 18, 2021
Adjourn