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HomeMy WebLinkAbout2018-07-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 26, 2018 Board Members Present: Chairwoman — Martha C. Wood, Jeanne K. Krieger, David G. Williams, Edward D. McCarthy and Associate Member, Nyles N. Barnert Alternate Present: William P. Kennedy Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 983 Waltham Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also received 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, Engineering 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; and a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-6.7.6 to to allow an Expanded Accessory Apartment. The Chairwoman opened the hearing at 7:06 pm. Presenters: Venkatesh Mohanraj and Roshni Jagadeesan The applicants purchased the house in 2009. They would like both sets of their parents to move in with them as they are aging. Because of this, they need more space and are proposing an addition in the back of their house. They also would like to give build a second kitchen to give them more privacy. A Board Member, Ms. Krieger, asked what the height of the attic is (12 ft). Ms. Krieger stated she thinks the addition is too tall. The applicants responded that they are lower than their neighbors, and are also surrounded by Avalon and Brookhaven, which are taller structures. They designed the roof a little pitched because they want to avoid a lot of snow accumulation. A Board Member, Mr. Williams, asked if the attic is a livable space (No, it will be a pull down attic). Page 1 Ms. Krieger stated that if the attic is just a storage area, it doesn't need to be that high. The applicants responded that they are worried about the snow load and have had to hire companies in the past to clear the snow off the roof. A Board Member Associate, Mr. Barnert, asked what the total height of the building is (the requirement is 26 ft. The height they are asking for is 37 ft). The Zoning Administrator, Mr. George, stated that this requires a Special Permit because the house is already non-conforming in regards to height. Mr. Barnert asked the applicants how the height and size of the proposed structure compares to surrounding dwellings. The applicants responded that the house next to them is about 5,000 sq ft and another house is 8000 sq ft. Most other structures around them are commercial. The Chairwoman, Ms. Wood, asked how many people will be living there (8 total people. Both sets of parents will be living there). Mr. Williams asked how many square feet the accessory apartment will be (With the addition, the total size will be 4,056 sq ft. The existing house is 2,611 sq ft. The addition will be approximately 2000 sq ft). The Board asked the applicants if the apartment be in the existing house (yes). Mr. Williams stated that it's not really an accessory apartment, it's just an addition with living space (the applicants want their parents to have their own kitchen). Mr. Barnert stated that if not for the breezeway, it would be 2 separate structures. Ms. Krieger stated it's a novel interpretation of an accessory apartment. It's a multi- generational family living. The size of the building and layout is okay but she has an issue with the height of the building. Mr. McCarthy stated he has a concern about the overall height. An audience member, Mr. Malcom Kasparian of 956 Waltham St, spoke in opposition of the petition. He lives across the street and is concerned that this application is a way to get around having a 2-family dwelling. Ms. Wood explained the requirements of an accessory apartment to Mr. Kasparian. There were no further comments or questions from the audience. Ms. Krieger stated that she would like to see that the height of the building be reduced. 32 ft is much higher than what is allowed with the new height restrictions. The height of the attic could easily come down more and still be usable as an attic. The Board asked the applicants if they would be agreeable to a condition that the height of the addition be reduced by 3 ft. The applicants agreed. On a motion made and seconded, the Board voted to close the hearing at 7:33 pm. On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board voted 4-0 (Nyles N. Barnert abstained) 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; and a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-6.7.6 to to allow an Expanded Accessory Apartment with the following condition- - The height of the addition be reduced by 3 ft relative to the plans submitted. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 26, 2018 Board Members Present: Chairwoman — Martha C. Wood, Jeanne K. Krieger, David G. Williams, Edward D. McCarthy and Associate Member, Nyles N. Barnert Alternate Present: William P. Kennedy Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 445 Marrett Rd The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also received 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, Engineering 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 135-6.7.7 for an accessory structure apartment; and a VARIANCE in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-6.7.7.1 for an accessory structure apartment to have a gross floor area of 1,842 sq. ft. instead of the required 1,000 sq. ft. The Chairwoman opened the hearing at 7:36 pm. Presenter: Ms. Renee Briggs and Bill Hugner, Insight Architecture Ms. Briggs stated that she had initially requested that the plans stay within the 1000 sq ft but didn't realize the garage needed to be included in the calculation. She is proposing to build a single story accessory structure apartment for her to live in along with her daughter. She is proposing a private bath for each bedroom and an additional powder room for guests. She is also proposing a garage for the accessory apartment. The house is on the Historical Commission list, so it wouldn't aesthetically be a good idea. There aren't any bathrooms on the first floor of the historical house, which is an issue for her physically. The house is on a big lot and the development of the accessory structure doesn't exceed 15% of the total land on that lot. The proposed structure doesn't exceed 40% of the gross area. The proposed kitchen, dining, and living area will all be in one room. Page 4 A Board Member Associate, Mr. Barnert, asked why a 2 car garage is needed (Ms. Briggs responded that she won't be the only person living there. Her daughter will be living with her). A Board Member, Ms. Krieger asked if she has had any conversations with her neighbor on Downing Road (yes, she received a text message from her neighbor in support of the petition. She also received an e-mail in support from Mr. Dean, which the Board has a copy of). A Board Member, Mr. Williams, stated the structure would make it like having 2 houses on the lot. Mr. Barnert asked the applicant what it is about the lot that would cause them to need a variance (Ms. Briggs stated that the size of the lot and the placement of the original house allows for room to have a separate structure). Mr. Barnert stated that for a variance there has to be an issue with the shape of the lot, the soil conditions, or the topography. Mr. Briggs stated that the bylaw allows for a second structure and she wouldn't be able to live in a house that was only 1,000 sq ft. The Zoning Administrator, Mr. George, clarified that a Special Permit is needed for an accessory structure apartment and a Variance is needed because the size of the proposed accessory apartment is over 1,000 sq ft. Ms. Krieger stated that she is concerned about the size but there is residential and commercial in the area. This is probably an appropriate type of accessory apartment and appreciates having a house of this size due to the applicant's circumstances. Mr. Hubner presented the Board with an illustration of the proposed accessory apartment to show how it would coordinate with the house in front. Ms. Briggs stated it has to be a single story because of medical reasons. Mr. Hubner stated that in the context for justification of the structure, they are keeping with Lexington goal of allowing people to age in place. The accessory apartment by itself without the garage is approximately 1,300 sq ft. It would be detrimental to the structure to put an addition of an accessory apartment to the existing house. They are improving the condition of the property by improving the surface on the lot by removing the tennis court. The adjacent property is a pre-school. The houses behind them are well screened and the structures in the front are commercial. There seem to be conditions of the property that make this a reasonable proposition. They tried the best to make it modest in appearance. Ms. Briggs wants to keep the hedge row in the back of the property. The structure will sit on the old tennis court and all taken into consideration makes a case. Mr. Williams stated that he wrote the original bylaw for accessory apartment. This proposal is too large for an accessory apartment, but he may support something more modest. The Board discussed past variances for 2-car garages. Ms. Krieger stated the intent of the bylaw would apply for diversity of housing and accessibility issues. This proposal would provide housing for someone living with a handicap. It's a neighborhood surrounded by commercial housing, so it wouldn't have a large impact. Mr. McCarthy stated that it's a good plan and he agrees with Jeanne about the concept. He would vote in favor of it. Mr. Barnert stated he would support the proposal if it had a 1 car garage. Ms. Wood agreed with Mr. Williams but also stated that she could support the proposal if the structure was 1000 sq ft with a 1 car garage. Ms. Briggs stated it isn't worth building with a living space of 1000 sq ft and a 1 car garage. Ms. Wood stated that if they close the hearing, the petition will unlikely be approved. Ms. Wood asked the applicant if she would like to withdraw her application in lieu of being denied. Ms. Briggs stated that 1,000 sq ft would be too small and cramped for her to live in, so she would like to withdraw her application. On a motion by Nyles N. Barnert, and seconded by Edward D. McCarthy, the Board voted 5-0 to grant a Request for Withdrawal without Prejudice of the petition for a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, and 135-6.7.7 for an accessory structure apartment; and for a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-6.7.7.1 for an accessory structure apartment to have a gross floor area of 1,842 sq. ft. instead of the required 1,000 sq. ft. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 12, 2018 Board Members Present: Chairwoman — Martha C. Wood, Jeanne K. Krieger, David G. Williams, Edward D. McCarthy and Associate Member, Nyles N. Barnert Alternate Present: William P. Kennedy Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Other Business: 1) Minutes of Meetings from the July 12, 2018 Hearing On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board voted 5-0, to approve the minutes of July 12, 2018. On a motion made and seconded, the meeting was adjourned. Page 7