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HomeMy WebLinkAbout2019-05-19-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 9, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Nyles N. Barnert Alternate Sitting: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 428 Marrett Road As two petitions had been filed concerning the same commercial address seeking the same type of relief, the Board Chair announced that they would be heard together. The Hearing regarding the First Lash petition was continued from the March 28, 2019 Hearing and the Chair opened the Hearing for the LeDerm Laser petition at 7:00 PM. The petitioner First Lash is requesting a SPECIAL PERMIT, in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.1 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and justification, dimensions and photographs. Also received was a waiver request for 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 Zoning Administrator. The petitioner LeDerm Laser is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.1 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and justification, dimensions and photographs. Also received was a waiver request for 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 Zoning Administrator and Economic Development. Presenter: Charlie Minasian, property owner and Tram Doung, Art Studio Sign and Neon Mr. Minasian stated that a sign was existing when he purchased the property two years ago. LeDerm Laser has put their sign in front of the previous sign. The previous sign was permitted. The building has always been a single tenant building so it only needed one sign. They are renting out the second floor and the first floor is LeDerm Laser. He clarified the DAC asked what would stop him from putting up a third or fourth sign and he stated that is not possible to have more than two tenants because of square footage. He stated the DAC came up with a different way to match the other sign and they are happy to comply with DAC comments. A Board Member, Jeanne K. Krieger, asked if it was agreeable to change the lighting to LED lighting (Mr. Minasian responded yes). Ms. Krieger raised concern over the signs currently in the windows. A Board Member, David G. Williams, stated the signs are in front of the windows and in violation of the law (Mr. Minasian stated they will address that). Ms. Krieger asked if that could be a condition upon approval (Mr. Minasian agreed to the condition). There was discussion about the sign on the side of the building. Chair, Ralph D. Clifford, stated they do not have a building permit for the new signs. He suggested a condition that a building inspection must be done (Mr. Minasian agreed to the condition). Mr. Minasian stated the need to advertise. The sign will be balanced and look like it belongs in the neighborhood. There were no further questions or comments from the Board. There were no further questions of comments from the audience. On a motion made and seconded, the Board voted to close the hearing at 7:13 PM. On a motion by Mr. Nyles N. Barnert and seconded by Ms. Jeanne K. Krieger, the Board voted 5-0, to waive the requirement for a certified plot plan. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Nyles N. Barnert, the Board voted 5-0, to APPROVE a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.1 to allow a sign to be larger than otherwise allowed subject to the conditions from the Board for the First Lash sign. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Nyles N. Barnert, the Board voted 5-0, to APPROVE a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.1 to allow a sign to be larger than otherwise allowed subject to the conditions from the Board for the LeDerm Laser sign. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 9, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Nyles Barnert Alternate Sitting: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 46 Winter Street The petitioner is requesting a SPECIAL PERMIT, in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington, to allow a maximum of 50 cubic yards of fill to be brought to the property. The petitioner submitted the following information with the application: Nature and justification. Also received was a request to waive the requirement for 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, Zoning Administrator, and Conservation Administrator. Presenter: Surit Prakash The hearing opened at 7:17 PM Mr. Prakash stated there is a 6-8 foot drop and they want to smooth it out like the neighbor's yard. The Building Inspector made him aware of the fill requirements. He explained the fill is from another house. A Board Member, Martha C. Wood, asked how they are ensuring there would be no water runoff (Mr. Prakash responded they are putting a drain to the edge of the property with crushed stone. The drain is to capture the water so they don't impact the neighbors and will drain into the street). A Board Member, David G. Williams, stated they cannot have water flowing into the street and suggested he use sod instead of grass seed. Ms. Wood asked if it was clean fill (Mr. Prakash stated it has not been tested. It's from the backyard of a residential property). Chair, Ralph D. Clifford, stated upon his inspection he noticed broken up bricks in the fill and that caused concern (Mr. Prakash explained that pile was there from construction they did 3 or 4 years ago). A Board Member, Nyles N. Barnert, stated his concern for erosion. (Mr. Prakash stated they will be planting vinca to help prevent erosion). Mr. Clifford asked if the plan has been reviewed by a water engineer (Mr. Prakash responded no). An audience member, Nicholas Hadjiconstantinou of 2 Magnolia Lane, asked how much fill has been brought to the yard so far and will Mr. Prakash take on the cost of repairs if the fill slides into their kitchen (Mr. Prakash responded about 25 cubic yards and of course he would). An audience member, Steven Altman of 4 Heritage Drive, submitted pictures to the Board. He explained only half of the proposed cubic yards have been brought in and showed concern for the large amount fill. He also showed concern for the weight of the fill. He asked if an engineer has taken a look at this (Mr. Prakash stated an engineer has not come out). An audience member, Olga Simek of 2 Magnolia Lane, asked if they have considered a retaining wall (Mr. Prakash stated no, but they could). Mr. Altman stated his opposition for the proposed project. Mr. Hadjiconstantinou stated the objective was to make a gentle slope but it does not look to be that way. Ms. Wood asked if they have spoken and shown plans to the neighbors (Mr. Prakash stated no). Ms. Wood then stated the Town of Lexington does not allow you to have water go into the street or neighbor's yards (Mr. Prakash stated he will not change it in any significant way). A Board Member, Jeanne K. Krieger, stated the drainage requirements have changed. You cannot allow water to leave your property. She stated he needs to do a hydrology study. She then suggested a continuation. Mr. Prakash agreed to a continuation. There were no further questions or comments from the audience. There were no further questions or comments from the Board. On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, the Board voted 5-0, for a continuance to the June 27, 2019 Hearing. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 9, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Nyles N. Barnert Alternate Sitting: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 49 Robbins Road 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 petitioner submitted the following information with the application: Nature and justification, plans and 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 Zoning Administrator and Building Commissioner. Presenter: Rong Huang The hearing opened at 7:44 PM Mr. Huang stated they are proposing an addition on the back and sides of the house. He stated his family has outgrown the house and explained the layout out the house. He explained they hope to create a first floor bedroom and extend the kitchen. He worked with a surveyor and an architect to design the plan to fit Zoning regulations but the garage needs to be moved forward and by doing that it becomes non-conforming. The front of the house is already non-conforming. A Board Member, Jeanne K. Krieger, noted the Building Commissioners comment on the application stating if the addition is greater than 1000 feet a street determination will need to be made by the Planning Board (Mr. Huang responded it will be less than 650 feet). There were no further comments or questions from the audience. There were no further comments or questions from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:49 PM. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Nyles N. Barnert, the Board voted 5-0, to APPROVE 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 Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 9, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Nyles N. Barnert Alternate Sitting: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 10 Belfry Terrace 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 petitioner submitted the following information with the application: Nature and justification, plot plan and 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 Zoning Administrator. Presenter: William Erickson, architect, on behalf of D. Lisle and Amy McDermott Swanson The hearing opened at 7:50 PM Mr. Erickson started with a slide show projection. He stated the owners have raised their family in Lexington and the children have left the house but it has become a place for family gatherings. The proposed family room on the back is conforming but there is an existing den on the side which is currently non-conforming at 14.9 feet. They are proposing to take it down and to build a room to serve as a den but have a bathroom on the first floor. Mr. Erickson explained the plan and discussed the wide overhang. The room on the side cannot fit a bed as it is only an 8 foot space. He then went over the floor plan and stated the homeowners are trying to create a situation where they can stay in the home for as long as possible. Chair, Ralph D. Clifford, questioned the request to extend farther than the design. Rather than the 13.3 setback, it stated a 13 foot setback. (Mr. Erickson explained drawing it on paper, 13.3 is perfect. The builders need some level of tolerance, and don't want to be back in front of the Board begging for forgiveness. They are asking for 13 but design drawings will be 13.3). Mr. Clifford stated the normal special permit indicates the design to be consistent with the plans submitted. Audience member, Dean Rutila of 6 Belfry Terrace, stated his support for the proposal. Audience member, Anne Khudari of 16 Belfry Terrace, stated her support for the proposal. There were no further questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 8:01 PM. On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, the Board voted 5-0, to approve 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 Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 9, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, and Nyles N. Barnert Associate Board Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 6 Berwick Road The petitioner is requesting for TWO (2) VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2, Table 2 (Schedule of Dimensional Controls), and 135-4.3.5 to allow a 5.1 ft sideyard setback instead of the required 12 ft and to allow a height of 27.98 ft instead of the required maximum of 26.86 ft. The petitioner submitted the following information with the application: Nature and justification, topographic plan, plans and plot plan. Also received was an abutter letter in support. 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 Zoning Administrator and Historical Commission. Presenter: William Erickson, architect and Lester Savage, homeowner The hearing opened at 8:02 PM Mr. Erickson started with a slide show projection. He stated the lot has a big front yard. They are proposing to build, in terms of the 5.1 feet, a garage. To the wall it is 12.5 feet. The neighbors were concerned about safety because of the drop. The proposal is a two story addition and a garage. Mr. Erickson then explained the plans. A Board Member, Martha C. Wood, stated the Historical Commission notes the house is on cultural resources survey and may require filling for approval (Mr. Erickson stated they will have to file with the Historical Commission but this was the threshold). A Board Member, Jeanne K. Krieger, stated she noticed a number of houses that had structures that were non-conforming on the same street and asked if they had that data (Mr. Savage responded they didn't check). A Board Member, Nyles N. Barnert, asked what the opposition was to not make the unfinished storage into the garage (Mr. Erickson stated the turning radius would create some problems. Doing that would create a very big hole in the ground and that was concerning to the neighbors). Chair, Ralph D. Clifford, stated this is a variance request and there is a special finding the Board has to make. When looking at the plot plan the lot shape seems to be rectangular, he asked if that was a fair assessment (Mr. Erickson responded yes). Mr. Clifford asked if there are any special soil conditions (Mr. Erickson responded no). Mr. Clifford asked if it was correct that there was only a slight slope in the land (Mr. Erickson responded that was right). Mr. Clifford asked Mr. Erickson to articulate where the hardship is (Mr. Erickson responded the hardship is if its built in conformance with the bylaws it will cause work inside house to make it organic, which will be a substantial expense to the owner). Mr. Clifford stated there are setbacks for a reason and stated they are looking for something unique about your property. Audience member, Daniel McCarthy of 4 Berwick Road, stated his support of the proposed project. Audience member, Livingston Parsons of 7 Berwick Road, stated his support of the proposed project. Mr. Erickson stated he does recognize that the Bylaws have a purpose but there is a part of that Bylaw that allows a variance for special circumstances. There were no further questions or comments from the audience. On a motion made and seconded, the Board voted to close the hearing at 8:21 PM. Ms. Krieger stated she thinks of the hardship as the impact it would have on the neighborhood. There are a number of structures close to the setbacks. Having shorter side yards still makes that neighborhood work. She stated her support it in the way it makes the neighborhood fit together. A Board Member, James Osten, stated he sees a design that would preserve the nature of the house. It would be a hardship if it were removed. A Board Member, Nyles N. Barnert, stated the by right proposal doesn't seem to be as useful as what is proposed. Ms. Wood stated it is a historic neighborhood and the house was built before zoning. We need to adapt the houses to what is there now or it could become choppy. Mr. Clifford stated he would be voting against this because the SJC has given us several tests. None of the hardship has been met. Mr. Clifford addressed the purpose of a variance. He also suggested a condition that the variance only applies to this current set of plans and not future projects. There were no further questions or comments from the Board. On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, the Board voted 4-1, to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2, Table 2 (Schedule of Dimensional Controls), and 135-4.3.5 to allow a 5.1 ft sideyard setback instead of the required 12ft and to allow a height of 27.98 ft instead of the required maximum of 26.86 ft with the condition from the Board. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room April 11, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Nyles N. Barnert Alternate Sitting: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1) Minutes of Meeting from April 11, 2019 Hearing On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, the Board voted 5-0 in favor of approving the meeting minutes from the April 11, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.