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HomeMy WebLinkAbout2014-01-09-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 9, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 46 Golden Avenue, Map 3, Lot 4 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; elevations; floor plans; supplemental documents including information regarding the proposed renovations and information regarding the neighborhood; and an e-mail from the Attorney with additional information requested by the Zoning Administrator. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic District Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Architect Peter Daus-Haberle presented the petition for the owners of the property, Ajay and Sarah Joseph explaining Mr. and Mrs. Joseph proposes to convert the existing one-car garage into a two-car garage with living space above the garage. At the hearing Mr. Daus-Haberle presented the following to the Board: 3 letters of support from Roberta Best of 48 Golden Way, Daniel Driscoll of 49 Golden Avenue and Sarah Nichol of 37 Golden Avenue; 2) A photograph of the home; and updated plans of the project. A Board member questioned if the driveway would be closer to the lot line (yes) and asked the Zoning Administrator if they would have the distance the needed. (yes). Another Board member asked for clarification on the plot plan where the amount of relief they were looking for would be needed. There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting January 9, 2014 2 The hearing was closed at 7:38 pm. On a motion by Leo P. McSweeney and seconded by Carolyn C. Wilson, the Board voted, 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 9, 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 9, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 29 Dexter Road, Map 78, Lot 67 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; elevations; floor plans; photographs and letters of support from William, Diane and Deborah Reid of 23 Dexter Road, Christopher and Kristina Cunningham of 15 Dexter Road and David Needham of 33 Dexter Road. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator, the Historic Districts Commission Clerk, the Tree Committee and the Design Advisory Committee. Comments were received from Engineering, Zoning Administrator. The Chairman opened the hearing at 7:39 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Attorney John Farrington and Contractor Ed Cain presented the petition. With Attorney Farrington were the applicants, Neil and Karen Griffins, who are currently under an agreement to purchase the property from William Donovan. Attorney Farrington described the proposed renovations to add a full second story over the existing structure and to add an addition to the rear of the building. To accomplish the modification to the nonconforming structre, the height of the structure would be increased. A Board member asked for clarification on the garage; is it right up to the lot line? Where will the additional cars be parked? Ed Cain answered the question by referencing the plans and explaining where they would park. There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting January 9, 2014 4 The hearing was closed at 7:58 pm. On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0, to grant the special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 9, 2014 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 9, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 44-46 Parker Street, Map 49, Lot 125 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans; response to staff questions from the applicant and addition information from the Zoning Administrator. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. Also received before the hearing was a memorandum from 11 neighbors in opposition. The Chairwoman opened the hearing at 7:59 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow a modification of a nonconforming structure. Sean Glynn representing the property owner, Galway Realty, presented the petition with the Architect for the project, John Stewart. The applicant seeks to convert the two-family dwelling to a one-family dwelling by making certain interior and exterior modifications to the structure. The Chairman clarified with the applicant, the home is being redone to upgrade and resell. A Board member had said he had walked the property and thought it would have been easier to have the property staked off as to where the addition would be. He also noticed 2 vents that were very noisy. The applicant explained the vents are coming from the present heating system which will be upgraded with the proposed renovations. BOA Meeting January 9, 2014 6 The Board member also clarified with the applicant that they had gone before the Historical Commission as an informal preliminary hearing in November; they have not received a formal approval from the HC as of yet. They have a formal hearing scheduled in the next month. The Chairman questioned why they wouldn’t want to have the HC approval before the ZBA makes their decision. (They are asking the ZBA for approval for the relief they feel will be necessary. They are willing to stay within the dimensional boundaries that they are asking for at this time.) The Chairman asked what will happen if the demolition of the garage is denied. They will need to go through a difficult and expensive campaign to retain the existing garage which does not have conforming dimensions for cars and the zoning standards for setbacks. Vincent Petronella of 7 Jackson Court questioned the use of the 2-story structure. (It will be used as a garage, the height of building will not allow for any other use above the garage.) Also asked about the privacy of the abutters neighbors. (Applicants would be willing to take windows out if that is a problem to the neighbors.) Gresh Lattimore of 5 Jackson Court questioned the wrap around porch; is it conforming and why that wide. (The porch will be 7’8” and will not be approaching the side yard setback. The plan is to take out the asphalt driveway away from this area which is within 3 feet of the side yard setback.) Kathy VonStetten of 40 Parker Street asked why the Town is allowing buildings to be so large on lots in residential areas. (They saw her covered porch, loved it and wanted to have a covered porch on this house. They did not have room to put it on the front and that is why it is on the side.) Why not put porch on the back? (Would have to encroach into the setback and/or would need to maybe move the garage.) Gresh Lattimore of 5 Jackson Court had a concern with the turrets. (The Architect said it was a bow and explained the design.) The Chairwoman had concern with the Architect telling the neighbors they are looking for input from the neighbors and would be willing to work with the neighbors to make necessary changes. The Board needs to see approved plans and may want to ask for a continuance. The applicant responded they are looking to the ZBA for dimensional controls approval and to the HC for design approval. Mary Petronella of 7 Jackson Court asked about the balconies over looking neighbors; are they necessary? (The Architect gave the reasons they had put them on and the applicant, Sean Glynn, told Ms. Petronella that he would be happy to eliminate the balcony on the right side of the house if they are a concern to her.) Gresh Lattimore of 5 Jackson Court had a concern for the green space for the abutters at 48 Parker Street. Mr. Stewart said they had talked with the abutter. Matthew Lucas of 48 Parker Street in general is very much in favor of the proposed improvements. Only concern is to the applicant to take more steps to inform the neighbors of the plans. Mr. Stewart said they have been in neighborhood many times and have passed their numbers to give outreach to the neighbors. Available anytime to meet for questions. BOA Meeting January 9, 2014 7 Vincent Petronella of 7 Jackson Court questioned the landscape plans. (Trying to keep as much of the mature landscape as possible. No landscaping plans as of yet.) No one spoke in favor of the petition. Gresh Lattimore of 5 Jackson Court not speaking in opposition but would like to see everything in place on a plan. The Chairwoman asked if there were any additional questions or comments pertaining to this petition. A Board member asked the Zoning Administrator the requirements of a landscape plan. Mr. George said that sometimes the Board can condition certain plantings for landscape screening. One of the Board members said she thought the landscape plan was beyond our purview but did think that we need to see the finalized plans that we are voting on. Two other Board members also felt that the Board would like to see solid plans with the changes discussed tonight. The petitioner asked for a continuance until February 13, 2014 at 7:30 pm to have time to meet with neighbors, update the plans and would stake the area so that members of the Board can review. The Chairwoman requested the Board receive the information 8 days prior to the meeting. The Zoning Administrator clarified that the applicant did not need to submit a landscape plan with the Chairwoman. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted to continue the hearing until Thursday, February 13, 2014 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 9, 2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 9, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 927 Massachusetts Avenue, Map 22, Lot 13 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans and photographs. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from the Historic Districts Commission and the Zoning Administrator. The Chairwoman opened the hearing at 8:40 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Special Permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 in conjunction with 135-9.4.2 to allow demolition and reconstruction of a non-conforming structure. Attorney Thomas Fenn presented the petition for the new owner of the property, Brian Lavelle who recently bought the property from Maryelene Dailey. Architect Carl Oldenburg and Realtor Miyana Bovan were also in attendance. Attorney Fenn handed out larger plans for the Board to review than was submitted with the application and explained the proposed project to renovate a 1-family home into a 2-family home. The petitioner has gone before the Historic Districts Commission and has received their approval for the general design and demolition. Will be going back to the HDC for additional approval on minor details of the design. Attorney Fenn spoke of his supplemental information that was submitted to the Board since the application was received and addressed the Zoning Administrator’s questions. One of the Board members asked if these units were being sold as 2 condos. (Yes) Another asked if the 4 large trees shown on the plans will remain. (Yes) There were no questions from the audience. BOA Meeting January 9, 2014 9 No one spoke in favor or in opposition to the petition. The chairwoman closed the hearing at 8:58 pm. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0 to grant The petitioner is requesting a Special Permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 in conjunction with 135-9.4.2 to allow demolition and reconstruction of a non-conforming structure with the condition that the applicant receive the necessary HDC approval before construction begins. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 9, 2014 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 9, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1) On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy the Board voted to approve the minutes of December 12, 2013. 2) On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk