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HomeMy WebLinkAbout2023-08-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 10, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Kathryn Roy Alternate Member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 33 Freemont Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-6.7.6 to allow an Expanded Accessory Apartment. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Plot Pan, Gross Floor Area Calculations, Elevations and abutter letters. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator, Conservation Director and the Building Commissioner. The Hearing was opened at 7:04 pm Presenter: John Lafreniere, Architect at 172 Larch Rd Cambridge John Lafreniere presented the petition. Mr. Lafreniere stated they are proposing to build an accessory unit. They had to clip the corner for the wetland’s setback. The proposal is so the homeowners can reside in place while their daughter and son-in-law are in the house, it will truly be an in-law apartment. Leah Rochbert, homeowner of 33 Freemont Street, stated they started this proposal three years ago trying to meet all the town requirements. Their son, his wife and child have moved back in. Permitting an accessory apartment will allow a comfortable independent living space with little to no impact on the neighborhood. A Board member, Norman P. Cohen, asked if conservation has approved (Yes, the OOC has been received from conservation). Alternate Member, Kathryn Roy, stated her concern for parking (There is space in the garage and space in driveway for four cars). Zoning Administrator, Julie Moore, stated the bylaw states one unit needs to be owner occupied and the other unit can be rented to anyone. The bylaw, in terms of parking, states that the house only requires one parking space and the apartment only requires one. There were no questions or comments from the audience. There were no further questions form the Board. Ms. Rochbert stated they like being in Town and are working hard to abide by regulations. The Hearing was closed at 7:19 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). There were no comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-6.7.6 to allow an Expanded Accessory Apartment (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 10, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Kathryn Roy Alternate Member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 78 Hancock St The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-4.3.1(2c) and 135-4.3.4 to allow a 6 ft fence to be located 0 ft from the front property line. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Abutter Letter. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator, Conservation Director and the Building Commissioner. The Hearing was opened at 7:20 pm Presenter: Emir Roach Emir Roach presented the petition. Mr. Roach stated the objective of the fence is to keep the kids in because it is at a down slope to the street. It does not block light, air or visibility. They were not aware of the four-foot rule. They were thinking of growing grapes along the fence. A Board Member, James A. Osten, questioned if they grant a 6-foot fence at that location it would be in perpetuity and the style could be change affecting visibility (They don’t plan to change the fence). Chair, Ralph D. Clifford, suggested they could put a condition. Mr. Clifford stated a two-year-old can get through the fence as it is now (They are thinking of putting one-inch squares around so they can’t crawl out, like chain-link). Mr. Clifford questioned how high the middle rail is (Three feet). There were no questions or comments from the audience. There were no further questions from the Board. Mr. Roach stated they would appreciate keeping the fence and are okay with a condition of not blocking of 4 feet or less. The Hearing was closed at 7:31 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). The Board disused and agree on the conditions that there can’t be changes to style of fence, can’t block vision above 4 ft and the lower part of the fence can be protected with a chain link or some other device. There were no further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-4.3.1(2c) and 135-4.3.4 to allow a 6 ft fence to be located 0 ft from the front property line (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 10, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Kathryn Roy Alternate Member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 4 Davis Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135- 8.4.2 to allow replacement of existing non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plans, Plot Plan, Elevations, Gross Floor Area Calculations, Photographs, and abutter letter. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator and the Planning Department. The Hearing was opened at 7:35 pm Presenter: Brigitte Steines, Ink Stone Architects Ms. Steines presented the petition. She stated there is an older detached structure that is 120 square feet that is located in the 30-foot front setback. The shed has been there more than 10 years, they propose to replace it with a garage. One tree may need to be removed. Associate Member, Kathryn Roy, questioned the design (The homeowners preferred an attached garage. The garage would have connected to a bedroom and make it hard to define a roof line. It wouldn’t have been appropriate to extend the long appearance). The design was further discussed. There were no questions or comments from the audience. Ms. Steines stated the homeowners need a garage to protect their vehicles. The Hearing was closed at 7:56 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Ms. Roy suggested a condition that the shed not be left on the side and the height of the garage not be increased. The Board agreed not to adopt the conditions. Mr. Clifford stated the idea was to move the shed to a legally conforming location. It is in the property owners’ rights. There were no further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135- 8.4.2 to allow replacement of existing non-conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 10, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Kathryn Roy Alternate Member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk The Board voted to adjourn at 8:00 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes).