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HomeMy WebLinkAbout2017-05-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Members Nyles N. Barnert and William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 55 Paul Revere Road 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 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 and 135-8.4.2 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:31 pm. Mr. Christos Monovoukas, the owner of the property and Jim Finlay with Archadeck, presented the petition. They are seeking a Special Permit to modify the deck stairs in the backyard. The deck stairs currently lead to the external chimney, making it very inconvenient and unsafe. They are proposing to make the steps go into the backyard and avoid the chimney. A Board Member, Mr. Ralph D. Clifford, stated that he will be voting against the Special Permit as structures are starting to move closer to property lines because the Board is allowing such expansions in Lexington. A Board Member, Mr. David G. Williams, stated that it’s the abutters that would be impacted by the noise with the increased use of a deck. The Chairwoman, Ms. Jeanne K. Krieger, stated that she went out to look at the site and did not feel as though it would have an impact on the abutters. A Board Member, Nyles N. Barnert, stated that changing the location of the steps isn’t going to change the traffic on the deck. A Board Member, Mr. William P. Kennedy, stated that he agrees with Ms. Krieger. Mr. Monovoukas stated that there is a lot of property between the deck and the neighbor’s house so noise would not be a concern and the neighbors are in favor of the project. He also stated that the deck has been there a long time but is hardly used because of the location of the stairs. The deck size will not be changing, only the location of the steps will be changing. 1 The Chairwoman closed the hearing at 7:41 pm. On a motion by William P. Kennedy and seconded by Nyles N. Barnert, the Board voted 4-1 (with Ralph D. Clifford in opposition) to grant a 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. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Members Nyles N. Barnert and William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 7 Theresa 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 Planning Office, Historical Commission, and Zoning Administrator. The petitioner is requesting TWO (2) SPECIAL PERMITS 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. The Chairwoman opened the hearing at 7:43 pm. The applicants, Tama and Alon Evron, presented the petition. They currently have a 4 thrd bedroom and 1 ½ bathroom house, with the 4 bedroom built as a partial 3 floor. They would like to request a Special Permit to add another bathroom to their house. They want to add 135 sq. ft. without changing the footprint or setback. The other Special Permit they are requesting is to increase the maximum height of the building but little less than 2 ft to accommodate more head space. There is a very low area that is unused and they need to increase the height. The height of the building is non-conforming, 33.7 ft, the maximum height allowed is 29.5 ft. They won’t be blocking shade from any neighborhood. Also by doing the project, they can make the stairs up to code and wider and less steep with a better landing. A Board Member, Mr. Ralph D. Clifford, stated that he objects to it. Houses are getting taller and the Zoning Board has to impose limits on what can be done. The Chairwoman, Ms. Jeanne K. Krieger, stated that it’s an older home and it’s appropriate to do the expansion in order to accommodate an older home and family. A Board Member, Mr. David G. Williams, asked if the applicant has talked to the next door neighbor (The applicants stated they sent letters to their neighbors and explained the project but did not receive any responses). The Chairwoman closed the hearing at 7:51 pm. 3 On a motion by Nyles N. Barnert and seconded by William P. Kennedy, the Board voted 4-1 (with Ralph D. Clifford in opposition) to grant TWO (2) SPECIAL PERMITS 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. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Members Nyles N. Barnert and William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 18 Belfry Terrace 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, Engineering Department, Health Department, Historic Districts Commission, and Zoning Administrator. The petitioner is requesting an EXTENSION OF SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 to extend a Special Permit granted on May 28, 2015. The Chairwoman opened the hearing at 7:51 pm. The applicant, Mr. Henry Liu, presented the petition. They recently renovated their house, but did not renovate the garage as originally planned due to budget issues and are therefore requesting an extension of the Special Permit. The proposed garage will still be within the boundaries of the reduced setback. They also may decide to not go within 3 ft to the property line because of fire wall issues raised at the last Board of Appeals hearing. The final design of the garage will also need to be approved by the Historic Districts Commission. Because of these reasons, Mr. Liu is requesting a 2 year extension on the Special Permit granted on May 28, 2015. A Board Member, Mr. David G. Williams asked for clarification that the applicant is only requesting an extension and not an approval of the plans (yes). A Board Member, Mr. Ralph D. Clifford, asked the Zoning Administrator, Mr. David George, about a recent state zoning change of the length of time to grant extensions for special permits (Mr. George stated that the Town still reserves it’s right to a 2 year special permit and to change it, they would have to change the bylaw). The Chairwoman closed the hearing at 7:57 pm. On a motion by Ralph D. Clifford and seconded by Nyles N. Barnert, the Board voted 5-0 to grant an EXTENSION OF SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 to extend a Special Permit granted on May 28, 2015. 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Members Nyles N. Barnert and William P. Kennedy Also present at the meeting was Alternate James A. Osten 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 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 Conservation Administrator, Engineering Department, Economic Development Department, and Zoning Administrator. The petitioner is requesting a MINOR MODIFICATION DETERMINATION in accordance with 135-7.3.5(8) of the Zoning Bylaw to allow a minor modification to a Special Permit granted on January 26, 2017. The Chairwoman opened the meeting at 7:59 pm. Mr. Mike Diminico of King Street Properties presented the petition. After the Zoning Board of Appeals approval on January 26, 2017, they had to modify their plan due to issues that arose. As they began excavation, they encountered an area of ledge near the loading dock of 65 Hayden. They are proposing to take 4 parking spaces that were originally located in that area and move them to a different area so they can put in a drainage area. This area is not within any Conservation area and is not affecting the driveway, so they feel it’s a minor modification. A Board Member, Mr. Nyles N. Barnert, stated he thought he noticed other changes to the driveway on the plans (Mr. Diminico responded that it had been written into the decision that there be additional plantings, which is reflected on the plans). A Board Member, William P. Kennedy, asked for clarification on the imperious pavement (Mr. Diminico stated that relocated parking spots will be impervious because of the underlying ledge). The Chairwoman closed the hearing at 8:04 pm. On a motion by William P. Kennedy and seconded by Ralph D. Clifford, the Board voted 5-0 to allow a MINOR MODIFICATION in accordance with 135-7.3.5(8) of the Zoning Bylaw to a Special Permit granted on January 26, 2017. 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Members Nyles N. Barnert and William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 213 East 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, Conservation Administrator, Engineering Department, Health Department, 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 and 135.8.4.2 to allow modification to a non-conforming structure. The Chairwoman opened the meeting at 8:04 pm. The applicant, Ms. Mallikarjun Sundaram, presented the petition. They are proposing to add a mudroom addition to the front of their home. Their frontyard setback is currently 28 ft and the addition would cause it to be 2 additional feet into the setback. It has been very challenging to not have a mudroom in the front of the home due to snow in the winter. Allowing the addition wouldn’t cause any harm to traffic and would make the home more beautiful. There were no questions or comments from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:08 pm. On a motion by William P. Kennedy 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 135-9.4 and 135.8.4.2 to allow modification to a non-conforming structure. 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Members Nyles N. Barnert and William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 960 Massachusetts Avenue 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, Engineering Department, Historic Districts Commission, 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 26.1 ft instead of the required 30 ft. The Chairwoman opened the meeting at 8:09 pm. The architect for the project, Ms. Leah Greenwald, presented the petition. They are seeking a variance to extend the front of the house into the 30 ft setback. They had originally applied to the Historic District Commission but found that there is a 24 in height difference between the grade and the entry to the home. The entry platform and the steps will be the only things going within the 30 ft setback. Ms. Greenwald presented photographs of houses in the neighborhood that have similar entry ways. They would like to make the living room and dining room larger by extending the front of the house. A Board Member, Mr. Ralph D. Clifford, asked the applicant what the hardship that requires them to seek a variance (the homeowner has a large family and they want to expand the social area in the front of the house). Mr. Clifford asked why the house can’t be expanded to the rear of the home (the applicant responded that with the way the home is used, it wouldn’t make sense for the social rooms to be in the back of the house near the bedrooms). The Chairwoman, Ms. Jeanne K. Krieger, stated that only the landing and steps will be going into the setback. A Board Member, Mr. Clifford, stated that the zoning rules are there for a reason and the Planning Board has put together a series of rules that regulate this. A Variance should be rarely granted. The house is in the wrong space and the lot would be able to handle more. The Chairwoman, Ms. Krieger, stated that the applicants are attempting to maintain the historic aspect of the neighborhood. 8 A Board Member, Mr. William P. Kennedy, stated that by looking at the shape of the lot, he can understand the difficulty of making any changes in the rear of the house. The applicant handed out an updated plot plan. The Chairwoman closed the hearing at 8:22 pm. On a motion by William P. Kennedy and seconded by Nyles N. Barnert, 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 front yard setback of 26.1 ft instead of the required 30 ft. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, and Associate Members Nyles N. Barnert, William P. Kennedy, and James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: Cambridge/Concord Turnpike The petitioner submitted the following information with the application: Nature and Justification, Site Plan, Elevations, Floor Plans and Photographs. Also received was a Letter of Authorization, FCC Authorization, Report of Radio Frequency Engineer, Radio Frequency Safety Survey Report Prediction, Structural Analysis, Letter from CAC, dated May 18, 2017, Letter from DAC, dated May 19, 2017, Letter from Cambridge Water Department, dated May 22, 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 Conservation Administrator, Health Department, 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 135-6.4 and 135-9.4 to allow a wireless communication facility. The Chairwoman opened the meeting at 8:25 pm. Mr. Edward Pare with Brown Rudnick LLP, presented the petition. AT&T is proposing to relocate from 191 Spring St to a temporary installation on the utility lines along Rt-128 off of Tracer Lane. They will be using smaller antennas. The utility expansion will be at about 29 ft and will be flush mounted and painted brown so they won’t be visible to people in the area. It’s on the Waltham line and the utility run is in Lexington. The location is shown on sheet C01 of the plans. They will be bringing in a trailer with 2 equipment cabinets. This site will help keep the coverage in the area through AT&T. Mr. Pare passed out 2 documents to the Board – the lease agreement and new plans. Mr. Pare stated that the Conservation Administrator asked that they include the buffer zone on the plans which they did and the Cambridge Water Department asked that they include erosion control where they are excavating, which they did. A Board Member, Mr. James A. Osten, asked why they are requesting a 15 year permit if it’s a temporary site (the lease is a year to year situation but that would be challenging. He doesn’t think AT&T will need to be there for 15 years). The Chairwoman, Ms. Jeanne K. Krieger, stated she would be more comfortable with granting 5 years. A Board Member, Mr. Osten, asked how the size of this site compares to 191 Spring Street (the footprint at 191 Spring Street is a more typical site and this is a much smaller installation). The Chairwoman closed the hearing at 8:35 pm. 10 On a motion by James A. Osten and seconded by William P. Kennedy, 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 135-6.4 and 135-9.4 to allow a wireless communication facility for a period of five years. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 25, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, and Associate Members Nyles N. Barnert, William P. Kennedy, and James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1) Minutes of Meetings from April 27, 2017 Hearing On a motion by Nyles N. Barnert and seconded by William P. Kennedy, the Board voted 5- 0 to approve the minutes of April 27, 2017. On a motion made and seconded, the meeting was adjourned. 12