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HomeMy WebLinkAbout2018-04-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 12, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 17 Banks 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 Conservation Administrator, Engineering 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 135-9.4 and 135-8.4.2, to allow modification to a non-conforming structure. The applicant had previously submitted a Request for Postponement to the March 8, 2018 hearing, dated January 31, 2018; and another Request for Postponement to the April 12, 2018 hearing, dated March 7, 2018. The Chairwoman opened the hearing at 7:05 pm. Presenter: Mr. Zhou, property owner and Mr. Kiagtay Huang, architect Mr. Huang stated that they are proposing a front foyer and entry to their home. He showed the Board an existing and proposed drawing. The proposed setback will be 20.8 ft from the structure to the property. The landing and stairs will be outside of that setback. The Chairwoman, Ms. Wood, asked how far the existing step is from the property line (approximately 26 ft. They are proposing to be 20.8 ft from the front property line). A Board Member, Mr. McCarthy, asked if the applicant is still planning on going in front of the Conservation Commission (yes). Mr. McCarthy asked if the plans he will be presenting are different from what was submitted in this application (no). The Board made a motion and seconded to close the hearing at 7:13 pm. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law Page 1 (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 April 12, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 65 Webb Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Other information submitted was a Request for 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 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 7:14 pm. Presenter: Ms. Eve Eisenberg, architect Ms. Eisenberg stated that the owners are proposing to add a front door to their home. There is not currently a front door and they would like to put a step and a covered portico. A Board Member, Mr. Clifford, asked what the proposed setback is (the portico is currently about 29 ft from the front property line and they are proposing 25 ft). Mr. Clifford stated that he is concerned that there isn't a certified plot plan and an exact measurement of the setback (the owners don't want to spend money on a surveyor). The Zoning Administrator, Mr. George, stated that they need to mark up the plot plan to show an estimate of the setback and although the Board may grant a waiver to the requirement of a certified plot plan, one may still be required with the Building Permit. Ms. Eisenberg marked up a plot plan to show the proposed setback to be 24 ft, which was entered into the file. Page 3 The Board made a motion and seconded to close the hearing at 7:21 pm. On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a waiver to the requirement of a certified plot plan. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the 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 April 12, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, and Ralph D. Clifford Alternate Present: Nyles N. Barnert Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Other Business: Address: 22 Hayes Lane The petitioner submitted the following information with the application: Nature and Justification, and Plot Plan. Other information submitted The petitioner is requesting an Extension of Time of a Variance, granted April 13, 2017 in accordance with MGL, Chapter 40A, Section 10, to allow an extension of time of six (6) months to exercise the rights granted by the Variance, to expire on October 12, 2018. Presenter: Marianne Lazarus Ms. Lazarus stated that she is requesting a 6 month extension to the time to start construction at 22 Hayes Lane. A minor modification to a variance was granted on April 13, 2017. The Board reiterated that the original decision cannot be modified and they can only extend the time of the decision. On a motion by Edward D. McCarthy, and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant an Extension of Time of a Variance, granted April 13, 2017 in accordance with MGL, Chapter 40A, Section 10, to allow an extension of time of six (6) months to exercise the rights granted by the Variance, to expire on October 12, 2018. Page 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 12, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, and Ralph D. Clifford Alternate Present: Nyles N. Barnert Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Other Business: 1) Minutes of Meetings from March 22, 2018 Hearing On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 4-0 (Martha C. Wood abstained), to approve the minutes of March 22, 2017. On a motion made and seconded, the meeting was adjourned. Page 6