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HomeMy WebLinkAbout2017-02-23-ZBA-minMinutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Prior to opening the first hearing, the Board, on a motion duly made and duly seconded, voted 5-0 to accept the Postponement Requests for the hearings originally scheduled for February 9, 2017 for 57 Bedford Street, 218 East Street, and 98 East Street, which were postponed due to the closure of the Town Offices due to a winter storm. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: 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. Also received was a letter in opposition from an abutter, dated February 10, 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 Building Commissioner, and Zoning Administrator. The Applicant submitted a Request for Withdrawal Without Prejudice, dated February 23, 2017. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the Request for Withdrawal Without Prejudice, dated February 23, 2017. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Address: 218 East Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, 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, 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 7:35 pm. Mr. Muhammad Riaz, the homeowner, and Mr. Douglas George, the builder, presented the petition. They are proposing to raze the current ranch and build a 2 - story structure in its place, using the same foundation. There will not be a change in the grade. They will be increasing the non -conformity by raising the home and by extending the overhangs into the front setback. A Board Member, Mr. Hank Manz, asked for clarification on what the applicant is asking for since the letter from staff states there will be an increase in non -conformity and the application states there will be a decrease in non -conformity (that is a mis- understanding. There is a 2 -ft overhang currently that will be removed, causing the non -conformity to be decreased). Mr. Manz asked if that will decrease the encroachment (they will be moving the house 2 ft back from where it currently is). The Chairwoman, Ms. Jeanne K. Krieger, stated that regardless of where the overhang is, the setback may go to the steps. The Zoning Administrator, Mr. David George, stated that the structure is not conforming to begin with and although the applicant is removing the overhang, they are still increasing the height of the structure and therefore increasing the non- conformity. 3 BOA Meeting February 23, 2017 A Board Member, Mr. Edward D. McCarthy, asked if the applicant has a completed plan showing what the house will look like (no). There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:41 pm. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5-0 to grant 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. 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Address: 98 East Street The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, 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, Conservation Administrator, Engineering Department, Health Director, and Zoning Administrator. The petitioner is requesting THREE (3) VARIANCES AND TWO (2) SPECIAL PERMITS in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, 135-6.1.1, 135-9.4 and 135-8.4.2 to allow a shed to have a side yard setback of 8 ft instead of the required 15 ft; for a sports court to have a side yard setback of 5 ft instead of the required 15 ft and a rear yard setback of 5 ft instead of the required 15 ft; the construction of a sports court; and to allow modification to a non -conforming structure. The petitioner submitted an additional application requesting TWO (2) VARIANCES in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-4.3.1 and 135-9.2.2.2 to allow a fence to have a side yard setback of 0 ft instead of the required 8 ft; and to allow a fence to have a rear yard setback of 0 ft instead of the required 8 ft. The petitioner submitted a Request for Withdrawal without Prejudice, dated February 21, 2017, to withdraw the request for TWO (2) VARIANCES and ONE (1) SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-6.1.1 for a sports court to have a side yard setback of 5 ft instead of the required 15 ft and a rear yard setback of 5 ft instead of the required 15 ft; AND sections 135-9.4 and 135-8.4.2 the construction of a sports court; On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the Request for Withdrawal without Prejudice, dated February 21, 2017. The petitioner submitted a Request for Withdrawal without Prejudice, dated February 21, 2017 for TWO (2) VARIANCES in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-4.3.1 and 135-9.2.2.2 to allow a fence to 5 BOA Meeting February 23, 2017 have a side yard setback of 0 ft instead of the required 8 ft; and to allow a fence to have a rear yard setback of 0 ft instead of the required 8 ft. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the Request for Withdrawal without Prejudice, dated February 21, 2017. The petitioner also submitted a Request for Postponement until the hearing date of March 23, 2017 and Request to Extend the Final action deadline for drafting and filing the decision from April 10, 2017 to May 10, 2017. On a motion by Ralph D. Clifford and seconded by Hank Manz, the Board voted 5-0 to grant the Request to Extend the Final action deadline for drafting and filing the decision from April 10, 2017 to May 10, 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 until the hearing date of March 23, 2017. The applicant will only be requesting relief for ONE (1) VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-4.1.1 to allow a shed to have a side yard setback of 8 ft instead of the required 15 ft; and ONE (1) SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non -conforming structure. 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Address: 29 Fairlawn Lane The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, 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, Planning Office, and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 28 ft 4 in instead of the required 30 ft. The Chairwoman opened the hearing at 7:46 pm. Mr. John Farrington and Mr. Roy Antonelli, the Contractor, presented the petition. They represent Naplex Development, which is managed by MaryBeth Busa. The right side of the house protrudes into the front yard setback by 1 ft 2 in. The lot has all of the reasons to support a variance: topography, lot shape and soil conditions. The final as -built plan shows there is a pond in rear of lot and the back 1/3 of the house is within the 50-100 ft wetland buffer zone. The rear section of the lot between the 50ft and 100ft buffer zone changes grade dramatically — approximately 12ft in a 10 ft span. The front lot line is curved, not straight. If you compare the plot plan submitted for the building permit to the final as -built plot plan, you can see that the house was shifted 4 inches to the left of the left-hand lot line and rotated slightly so that it's shifted 1 inch closer to the right side lot line. The reason for the shift was due to the soil conditions found when the rear foundation footing was dug. The shift resulted in the garage overhang to the right of the house violating the 30 ft front yard setback requirement. The front gutter and part of the overhang can't be removed and roof line cut back. Because of wetland conditions, all roof run off must be contained by gutters and roof pirch into drainage structures. Changing the pitch of the roof would require the entire garage to be re -built. The violation is de minimous. The applicant is requesting a variance from the 30 ft front yard setback requirement to 28 ft 2 inches for the garage overhang area only. 7 BOA Meeting February 23, 2017 A Board Member, Mr. Ralph D. Clifford, asked the applicant why the request for the variance is being made after the structure has been built (Mr. Antonelli answered that when he was designing the roof to accomodate the house, he didn't do the correct math on the curve of the front property line). A Board Member, Mr. Hank Manz, asked for clarification on the topography of the lot changes (it changes 12 ft in a 10 ft span). A Board Member, Mr. Edward D. McCarthy, asked if the applicant still has to go back to the Conservation Commission (they are still working with the Commission). There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:58 pm. On a motion by Edward D. McCarthy and seconded by Hank Manz, the Board voted 5- 0 to grant a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 28 ft 4 in instead of the required 30 ft. 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Address: 525 Marrett Road The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, 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, Conservation Administrator, Engineering Department, Health Director, Planning Office, and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a right side yard setback of 10 ft instead of the required 15 ft. The Chairwoman opened the hearing at 7:59 pm. The applicants, Mr. Chaoyong Ma and Mrs. Ying Zhou, presented the petition. It has been a hardship to not have a garage in the winter months because of the snow. They would like to build a garage and the only feasible location is on the right-hand side of the house. Doing so would cause the side setback to be 10 ft instead of the required 15 ft. A Board Member, Mr. Ralph D. Clifford, stated that in order to get a variance, there are legal requirements. Mr. Clifford asked the applicant what the topography of the lot is (as shown on the topographic map and photographs included in the application, there is some slope to the lot). Mr. Clifford asked if there is a radical change to the slope of the lot (there is a slope from the front to the back so if they put the garage in the back there would be additional earth work required). Mr. Clifford asked if there are any unusual soil conditions (not to his knowledge). Mr. Clifford asked if there is an unusual shape to his lot (it's an elongated lot). Mr. Clifford asked why it's not practical to put the garage in the rear of the lot (it's not feasible because they would need to have some earthwork done to elevate the location. It would also require a long driveway to connect to the street, also causing an increase in impermeable surface. Putting the garage in the back would also block the view from the neighbor's house. There are also wetlands in the rear of the property and they don't want to build closer to them. 9 BOA Meeting February 23, 2017 Putting the garage on the side of the house would also make more sense architecturally). A Board Member, Mr. Hank Manz, asked if by granting this variance, it would create a situation where a future new home could be built with the same setback of 10 ft (the Zoning Administrator, Mr. David George, stated that the variance would be granted based on the current plans submitted so any change would have to come back to the Board for approval). A Board Member, Mr. Edward D. McCarthy, asked if the addition in the rear will be two -stories (the garage would only be one-story and the addition would be two -stories. Their home is currently two -stories). There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:11 pm. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 4-1 (with Ralph D. Clifford in opposition) to grant a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a right side yard setback of 10 ft instead of the required 15 ft. 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Other Business: On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to approve the minutes of January 26, 2017. On a motion made and seconded, the meeting was adjourned. 11