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HomeMy WebLinkAbout2017-01-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 57 Bedford Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. 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 Conservation Administrator and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-5.2.8.3 and 135- 5.2.10 to allow a free standing non-illuminated sign. Request for Postponement Applicant submitted a to the February 9, 2017 Meeting, dated January 12, 2017. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to grant the Request for Postponement to the February 9, 2017 meeting. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 60 Forest Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also submitted was a request for a waiver of the requirement of a certified plot plan. 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 Building Commissioner, Health Director, Historic Districts Commission Clerk, and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:32 pm by reading the legal notices and described information received from the petitioner. The applicant, Ms. Ramani Varanasi, presented the petition. They would like to build a portico to be built in the front of her house. Ms. Varanasi presented a plot plan showing the setback from the front property line to the stairs and the dimensions of the portico. According to her measurement from the sidewalk to the front step, the setback is 29ft, 8 in. A Board Member, Mr. Ralph D. Clifford, asked if there will be an addition to the porch (no). There were no questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:38 pm. On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to grant the waiver of the requirement of a certified plot plan. 2 On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to grant aSPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 36 Sanderson Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also received in support of the application was gross floor area calculations, and three (3) letters of support from abutters. 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 Conservation Administrator, Planning Office, and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:39 pm by reading the legal notices and described information received from the petitioner. The applicant, Mr. William Caira, presented the petition. He is the builder for the project. He is proposing to build a portico on the front of the house. The setback is 23ft from the front property line to the proposed stairs. The steps there will be removed and they will replace it with a 5ft x 10ft portico. Mr. Caira presented a full size set of drawings and plot plan. A Board Member, Mr. Ralph D. Clifford, asked what the current setback is to the front property line from the steps (The setback is approximately 27ft to the landing itself. From the existing house to the wall it’s 29.7ft so he would assume the setback is 27.7ft. They will be coming out approximately 2 ft more with the front steps). A Board Member, Mr. David G. Williams, stated that it’s a large area (it’s 5ft x 10ft. There will be benches on either side). Mr. Williams asked what will the new setback will be (23.5 ft from the property line). Mr. Williams also asked about the Conservation comments on the application as they reference a back deck which has nothing to do with Zoning. (They have to go before the Conservation Commission on January 23, 2017 for the back deck). 4 There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:46 pm. On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board voted 5-0 to grant aSPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 9 Aerial Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. 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 Building Commissioner, Planning Office, and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:47 pm by reading the legal notices and described information received from the petitioner. The applicants/owners, Mr. Areej Pirzada and Mr. Uzair Beg, presented the petition. nd To accommodate an increasing family, they would like to build an expanded 2 story addition. Mr. Beg passed out a new exhibit showing the front setbacks and proposed height. Mr. Beg also provided an exhibit showing the total proposed gross floor area of the home. They also clarified whether there is a cellar, basement or crawl space. The front yard setback is 28ft. A Board Member, Mr. Ralph D. Clifford, stated that he is concerned about the petition because they are moving from a 30’ setback to a 19’ setback for the front porch (the applicant responded that most of the houses in the neighborhood have the same type of portico. From an aesthetic point of view, it will still blend in with the neighborhood). There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:53 pm. On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board voted 4-1 (with Ralph D. Clifford in opposition) to grant aSPECIAL PERMIT in 6 BOA Meeting January 12, 2017 accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Nyles N. Barnert Also present at the hearing was Alternate Hank Manz Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 996 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. 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 Building Commissioner, Engineering Department, Historic Districts Commission Clerk, and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:54 pm by reading the legal notices and described information received from the petitioner. The applicant, Mr. Colin Smith, presented the petition on behalf of the homeowners. The home and barn were built in the 1830s. There is a zoning district line that severs the rear of the property. The first 100ft of the property is a two-family zone (RT) and beyond that it’s a single-family zone (RO). He is proposing to remove the link between the house and the barn and build a new structure. The house is adjacent to the East Lexington Fire Station. Over the years the ground has been filled between the structures and in some places it’s as high as the first story, causing the barn to be in very poor shape. The proposal was reviewed by the Historic Districts Commission (HDC) about 2 months ago and it was well received. They will be going back before the HDC for a formal hearing. Mr. Smith described the drawing he submitted on January 10, 2017. They are not increasing the height so they are not increasing that non-conformity. He also included the gross floor area calculations in the proposal and they are within the limitations. They also included a site plan showing how they will fulfill the off-street parking.Because the zoning line bisects the lot, they are subject to the 15ft setback from that line. The proposal makes the existing structure more conforming to the bylaw because they are removing the existing structure. A Board Member, Ms. Martha C. Wood, asked if it will be condominium-ized or if it will be a rental (Mr. Smith said the current plan is to keep it for the homeowners as a rental 8 BOA Meeting January 12, 2017 or to sell it as a condominium. The barn could be used as an accessory structure and they can create the 2 units in the zone). A Board Member, Mr. Nyles N. Barnert, asked Mr. Smith if the only place where they are closer to the property line is where the bulkhead is located and if there is another location it could go (the bulkhead is there because that’s where the utilities from the street come in. They also felt that because it was adjacent to the firehouse it was least impactful to the yard. That whole section between the house and fire station is mostly unused). The Chairwoman, Ms. Jeanne K. Krieger, asked if the barn will be used as a garage and left as is or re-built (they are undecided at the moment. If they re-build the barn, they would need to do a new foundation. The neighbor in the rear has expressed concern about the barn). Ms. Krieger asked about where he proposes to have snow storage (the driveway shown conforms to the 5ft setback so there is space there. There is also space between the driveway and the house). Ms. Wood asked the applicant if the barn is currently two-stories (yes, 2 stories with a cellar about 4ft in height). Ms. Wood asked if the barn holds 2 cars (no, the barn was formally a horse barn and by code they can’t use it as a garage in its current state). Ms. Krieger asked Mr. Smith if he anticipates any changes since he hasn’t finalized plans with the HDC (The informal hearing was well-received. The HDC’s only comment was a request to keep the chimney). There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:10 pm. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to grant aSPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 27-31 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Special Permit Decision, dated January 12, 2012, Letter from Ed Grant, dated December 8, 2016, and a letter from Ed Grant, dated January 5, 2017. 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 Economic Development and Zoning Administrator. The petitioner is requesting a RENEWAL OF SPECIAL PERMIT, DATED JANUARY 12, 2012, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 to allow continued operation of the car wash. The Chairwoman opened the hearing at 8:12 pm by reading the legal notices and described information received from the petitioner. Mr. Ed Grant presented the petition, on behalf of the owners of the property, Ron Thompson and Mass Ave Realty LLC. The Special Permit for the car wash was granted in December 2009, renewed in January 2011 and further renewed in January 2012 for 5 years. It expires January 13, 2017. He proposes to remove condition 3 of the existing Special Permit and replace it with language about the State approved retaining wall/chain-link fence on the property instead of the evergreen trees. The owner, Mr. Thompson, had planted new evergreen trees at the time the Special Permit was granted. When the town was maintaining the bikeway, they took down the trees due to invasive bamboo. Mr. Thompson installed a guard rail and chain link fence and has now received approval from the State to put a stone wall in its place. They would like to remove the guard rail at the right corner of the lot and put a wall with a chain link fence on it. This would be a safety improvement for cars accessing the car wash station and also provide more access room on the property. Mr. Grant submitted proposed language for condition 3 of the Special Permit. They would also like to request that the modification to the Special Permit be approved without a time limitation. 10 BOA Meeting January 12, 2017 The Chairwoman, Ms. Jeanne K. Krieger, asked Mr. Grant to clarify that he is asking that they approve the Special Permit without a renewal period (yes, it’s been operating very well and they would like the Board to consider their request). Ms. Krieger stated she would be comfortable with a 5 year renewal as before. A Board Member, Ms. Martha C. Wood, stated she would be comfortable with a 10 year renewal period. Ms. Krieger stated there have been some informal concerns voiced from the Bike Committee due to the loss of the trees (many people from the bikeway have commented on how much they like the retaining wall better. The trees that were there were overcome with bamboo and the retaining wall looks much better). Ms. Wood asked about the Cape Cod Berm (it’s to the right of the new retaining wall). A Board Member, Mr. David G. Williams, did not approve of the wall. A lot of time has been spent in that neighborhood making improvements and he does not agree with this solution (This was state-owned land and the wall was approved by the State. The town maintains it and the MBTA owns it). A Board Member, Mr. Ralph D. Clifford, asked what the chain link fence is screening (the chain link fence is filled in so you can’t see through it). Mr. Grant presented photographs to the Board showing what was there before and what the wall with chain link fence looks like now. Mr. Williams stated that the intentions are honorable but they could do better. Mr. Clifford stated he is concerned with the chain link fence wording in the decision. Mr. Thompson stated that the chain link fence is also a safety feature and is very high quality. It’s very attractive compared to the wooden ones. When the cars back into it they just bounce off and with the wooden fence it would fall down. Mr. Williams stated that the Town has spent a lot of money on improvements to the bikeway and this doesn’t improve it (if any additional improvements were made, they would have to get approval from the State). Mr. Thompson stated that he doesn’t object to adding some plantings there to screen the fence. They currently keep it well maintained. The Board discussed adding a condition about adding additional plantings to screen the fence. Mr. Grant stated that the State would have to approve it. Ms. Wood stated that adding the wording “additional plantings” is too vague. Mr. Clifford suggested approving the Special Permit for 90 days and having the applicants come back with a landscaping plan. 11 BOA Meeting January 12, 2017 Mr. Williams suggested approving the Special Permit for 6 months and having the applicants come back with a landscaping plan and language to replace condition 3. Mr. McCarthy stated that the wall and fence shown in the photograph looks good but they need something more descriptive than “chain link fence” in the wording. Ms. Wood stated that they need to add a condition that the applicants return in 6 months. Mr. Grant asked the Board if they would have to apply to the Board of Appeals again in 6 months (yes). There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:38 pm. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to grant aRENEWAL OF SPECIAL PERMIT, DATED JANUARY 12, 2012, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 to allow continued operation of the car wash with the following conditions: The applicant will return to the Board of Appeals on or before August 1, 2017 with a landscaping screening plan for the fence. Condition 3 of the decision be replaced with wording regarding landscaping screening for the fence. The hours of operation for the car wash will stay the same as on the Special Permit dated January 12, 2012. 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 45-55 and 65 Hayden Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Floor Plans. Also received was a Zoning Compliance Table with attached ALTA Survey, Transportation Due Diligence Study, Existing Parking Garage Feasibility Study, Letter to Carl Valente, Town Manager, dated October 3, 2009, and a Compliance Tracking Document. 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 Building Commissioner, Conservation Administrator, Engineering Department, Planning Office, Economic Development and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-7.3.5(8) and 135-9.4.2 for a Modification of Special Permit with Site Plan Review granted June 3, 2010. The Chairwoman opened the hearing at 8:40 pm by reading the legal notices and described information received from the petitioner. Mike Dominoco, Rob Averal, Peter Tamm, Co-Counsel, Doug Hartnett of High Point Engineering. Attorney Ed Grant presented the petition on behalf of CRP/King Hawden Owner, LLC, an affiliate of King Street Properties. They are proposing to modify the Special Permit granted in 2010 to add more parking to the site. They have met with the development review team and have met with Town Staff members. There is a Memorandum of Understanding that is in the process of being amended. Mr. Grant also asked the Board for a continuance to the January 26, 2017 Board of Appeals meeting because the Memorandum of Understanding needs to be completed and they will be going in front of the Conservation Commission on January 23, 2017. Mr. Michael DiMinico of King Street Properties spoke. King Street Properties are the local operators of life science buildings. They are well known for their offices on Hartwell Ave. Since their ownership, the tax revenue has increased and they have created over 400 jobs. They would like to make similar improvements on the Hayden 13 BOA Meeting January 12, 2017 Avenue property. They are proposing to increase the existing parking ratio on site. There would be an addition of 144 parking spaces among the 922 existing spaces on the property. When they first submitted the plan, they had parking in front of the building but have since removed it. They are offering more fiscal benefits to Town. Mr. Doug Hartnett, with High Point Engineering, the Civil Engineer on the project, presented a board showing an aerial photo of the property at 45-55 and 65 Hayden Avenue. There are 3 areas of access to the property. The site abuts the Hayden Woods Conservation area in the back and there are conservation restrictions. The improvements on the site are highlighted on the Board.There is a proposal for 42 parking spaces along the loading area of the drive. The parking spaces would be compact in order to reduce the impervious footprint.There would be some minor impacts to wetland buffer zones in the back of the property. To maintain the impervious cover, they are proposing to replace the asphalt with pervious paving. There would be improvements to the drainage and stormwater management on the property. They also planning on re-designing the building at the southwest corner of the 65 Hayden Avenue building to allow for better natural light within the building. They will also be adding a walk way cover to provide covered access from the garage to the building. There will be additional landscape screening for emergency generators and more landscape improvements throughout the parking lot. They are also putting in sidewalk improvements to provide an area for pedestrians to access the site. They will also be cleaning the debris out of the clogged stream maintenance channel. A Board Member, Mr. David G. Williams, asked if it was possible to have a site visit of the property (yes, they would be happy to. They have a site visit scheduled for st January 21 at 10am with the Conservation Commission if the Board would like to attend). A Board Member, Mr. Ralph D. Clifford, stated there is miscellaneous information in the file about an expanded parking garage and he would like more details (Mr. DiMinico stated that Town Staff had originally assumed that the additional parking would be on the roof level of the parking garage but the foundation footings can’t accommodate any additional levels of parking. They did not do an in-depth analysis on this but based on their experience, they would have to re-build the parking garage to allow for additional levels). Mr. Clifford asked what the range would be for cost (about $5 million). A Board Member, Mr. Nyles N. Barnert, asked if they had seen the letter from the Building Commissioner, which states there was a limit put on the parking (Mr. Grant stated that Mr. Lonardo was incorrectly referencing the parking. He was referencing an appendix which was amended in 2011. The zoning is contained within the DSDUP which the zoning bylaw dictates). Mr. Barnert asked if it describes a minimum number of parking spaces (Mr. Grant stated that there is a minimum of 922 spaces but no maximum). 14 BOA Meeting January 12, 2017 Mr. Williams asked if there will be parking along the driveways (yes, most of the parking on the plan currently exists). Mr. Hartnett quantified the amount of parking spaces that will be added to each area. The Chairwoman, Ms. Jeanne K. Krieger, stated there are concerns from Engineering about the drainage and asked if that had been addressed (the plans submitted didn’t include the full drainage calculations and they have since put together a plan with the DRT meetings so it should clear those concerns). Ms. Krieger asked if they have addressed the traffic management plans in the comments from the Planning Department (they will formally respond to those comments but in regards to the question about who will be responsible for the traffic management plan, the owner will be responsible, not individual tenants). The Board will schedule a site view on January 21, 2017 at 10:00 am with the Conservation Board and King Street Properties. There were no additional questions from the Board. There were no comments from the audience. The meeting was continued until the February 9, 2017 Board of Appeals meeting. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to grant the Request for Continuance until the February 9, 2017 meeting. 15 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5-0 to approve the minutes of December 8, 2016. On a motion made and seconded the meeting was adjourned. 16