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HomeMy WebLinkAbout2014-09-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 25, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Ralph D. Clifford Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 15 Rawson Avenue, Map 20, Lot 108C The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan; floor plans; letter of support signed by 12 abutters and acopy of a deed recorded January 9, 2004. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4.2 of the Zoning Bylaw to allow modification (addition) of a non conforming structure. by reading the legal notices and The Chairwoman opened the hearing at 7:36 pm described information received from the petitioner. Francoise Weiss, owner of the property, presented the petition explaining the proposed addition. A Board member asked what were the plans for the shed (not changing); how close to the l;ot line is the new house next door (don’t know); why is the design of the addition so wide (because of staircase in livingroom); have they tried different combinations for the bathtub (yes, wouldn’t work); how many rooms currently (3 bedrooms upstairs, bedroom in basement – new plans call for 6 bedrooms) One of the Board members noticed on the plot plan it read Arlington instead of Lexington, petitioner will have the polt plan fixed. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Zoning Administrator, David George, commented that there were 2 different floor plans; he asked the petition to initial which was the correct floor plan. (Exhibit A) The Chairwoman closed the hearing at 7:50 pm. During the discussion a Board member was not convinced workable plans could not be re- designed. He feels it is in appropriate to vote in favor of the petition. BOA Meeting September 25, 2014 2 On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 4 to SPECIAL PERMIT in accordance 1, with Ralph D. Clifford voting in opposition, to grant a with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification (addtion) of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 25, 2014 3 . Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 25, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Ralph D. Clifford Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 15 Cliffe Avenue, Map 13, Lot 400 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans; quick claim deed; petition of support from 13 abutters and a letter of amendment/correction and supplement to the memorandum of support filed with the application. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Building Commissioner, Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:53 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4.2 of the Zoning Bylaw to allow modification (addition) of a non conforming structure. Kyles York and Shanna Maddicks, owners of the property, presented the petition by explaining the proposed addition. Board members asked what the total lot area is and what is the total living space currently compared to what it will be. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:00 pm. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0, to grant a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification (addition) of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 25, 2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 25, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Ralph D. Clifford Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 17 Colony Road, Map 63, Lot 19A & 19B The petitioner submitted the following information with the applications: nature and justification of request, topographic plan; plot plan; subdivision plan; 1931 Plan; list of Colony Road lots with frontage and area; owners letter dated February 21, 2012 and a copy of the ZBA decision dated February 14, 2013. A letter of opposition was received from Regina and David Levine of 27 York Street. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator, the Planning Director and the Zoning Administrator. 2 Variances The petitioner requested in accordance with 135-9.2.2.2 in accordance with Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to allow frontage of 75 instead of the required 125 ft for lot Lot 1A and allow frontage of 104.03 ft instead of the required 125 ft for lot 1B The Chairman opened the hearing at 8:02 pm by reading the legal notices and described information received from the petitioner. Attorney Patricia Nelson, representing the owners of the property, James and Shrine Anderson, presented the petition. Attorney Nelson explained the history of the two lots and how the applicant proposes to re-configure the lot lines to create a second buildable lot. A Board member asked the Zoning Administrator to clarify the required setbacks for the lot 1B and what would be required for the private road upgrade. (They would need to go before the Planning Board for the road improvements.) Attorney Nelson told the Board they will be going before the Planning Board on st October 1. A Board member wanted to know who had determined it was a buildable lot for the owners. (They were told by Realtor.) BOA Meeting September 25, 2014 5 One of the Board members wanted to know why it had not been when it was approved last year. (Attorney Nelson responded because of personal and professional reasons they were not able to proceed with the plans for the road improvements. There were no questions from the Board or from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:18 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, , 2 Variances the Board voted 4-1, with Ralph D. Clifford voting in opposition, to grant in accordance with 135-9.2.2.2 in accordance with Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to allow frontage of 75 instead of the required 125 ft for lot Lot 1A and allow frontage of 104.03 ft instead of the required 125 ft for lot 1B Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 25, 2014 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 25, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Ralph D. Clifford Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 3 Lexington Avenue, Map 22, Lot 250 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans and 5 letters of support from abutters. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 8:21 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4.2 of the Zoning Bylaw to allow modification (addition) of a non conforming structure. Architect Colin Smith, presented the petition for the home owners, Jonathan Kutrubes and Lynne Martel by explaining the proposed project. The applicant seeks to demolish a portion of the existing structure and then construct a two story 30 ft. x 30 ft. by 30 ft. two-car garage and living space addition into the right side of the lot. A Board member asked if the driveway would remain the same. (The curb-cut will remain the same but the driveway will expand some.) Another Board member asked why the additional space was needed. (The current garage is very narrow.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Zoning Administrator, David George, asked for confirmation of the total additional living area. The owner of the home, Jonathan Kutrubes, spoke to the Board regarding his motivation for the addition. The Chairwoman closed the hearing at 8:30 pm. BOA Meeting September 25, 2014 7 On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification (addition) of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 25, 2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 25, 2014 Board Members Present: Acting Chairman – Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Members Ralph D. Clifford and Carolyn C. Wilson Martha C. Wood excused herself from this hearing and left the building. Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 11 Fairview Avenue, Map 59, Lot 24C The petitioner submitted the following information with the applications: nature and justification of request; plot plan; site and utilities plan; project cost; floor plans; elevations; photographs; list of requested waivers; neighborhood meetings and abutter list; DHCD Approval letter and Lexhab’s application to DHCD A letter of opposition was received signed by 31 abutters and a letter support was received from Bob Pressman of 22 Locust Avenue. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Conservation Administrator, The Selectmen’s Office, the Planning Board, the Historical Commission and the Zoning Administrator. The Chairman opened the hearing at 8:35 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a COMPREHENSIVE PERMIT-CHAPTER40B,GL (SUBSIDIZED HOUSING) in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section to allow 4 rental housing units approved by the Commonwealth, Department of Housing and Community Development. William Kennedy, Co-Chairman of the Lexington Housing Assistance Board (LexHAB) presented the petition with Builder, Carter Scott. Also present was LexHAB member Dave Eagle. Mr. Kennedy explained to the Board the proposed project which consists of: 1) Rehabilitating the existing structure and retain it as a single-family affordable dwelling unit and 2) Construct a 2.5 story, approximately 30 ft. tall, multi-family structure containing three affordable dwelling units. The three proposed dwellings will range in size from 754 sq. ft. to 924 sq. ft. with one or two bedrooms. The total living area of the three unit building is 2,602 sq. ft. Board members asked the applicant to clarify the setbacks for the new dwelling; were the waivers for the existing or new structure (Both); are the units all rentals (yes). BOA Meeting September 25, 2014 9 Roger Miller of 29 Hayward questioned how many additional cars would be traveling on the street; Aziz Lbahy of 17 Fairview Avenue asked how wide the house is, how large lot is and was concerned with the density and the change in the look of the neighborhood. Mark Byington of 12 Hayward Avenue is concerned with the traffic which he said is a concern without the additional traffic.He was also concerned with the density. Harvey Botman of 4 Hayward Avenue thought it would benefit LexHAB to build 1 new structure rather than to have 2 structures; he feels it would save them money. Mr. Kennedy told the audience LexHAB is a non-profit that is in the business of providing housing, they spend money for housing. Tim Kreytak of 25 Hayward Avenue questioned the zoning and asked when the last neighborhood meeting was (June 13, 2013) and have the plans changed any since then. Mr. Kreytak also asked if the application is different with a non-profit. He was concerned with the street and the traffic that would be added. Tracy Byington of 12 Hayward spoke in opposition. Betsy Weis of the Housing Partnership spoke in support of the project commenting that the density that everyone is talking of is an approximate 2,600 sq. ft. home; the size of a split level home. Wu-Yan Zhang spoke in support but has a concern with 2 dwellings on the lot; would like to see only 1 structure. Mr. Kennedy doesn’t believe that there should be a density issue with the building, it is well below the average Lexington house size for a 25,000 sq. ft. size lot. The Chairwoman closed the hearing at 9:26 pm. During Board discussion one of the members said she thinks affordable housing is great but for this area a 2 family home would have been more appropriate. Another Board member felt this lot was bigger than most in the neighborhood and thinks this will look like a typical size Lexington home. On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 4-1, to grant the WAIVERS listed in Finding 14 above for the project in accordance with Mass. Gen. Law. ch. 40B §§ 20-23 and § 135-9.2.2.4 of the Bylaw and to grant a COMPREHENSIVE PERMIT in accordance with Mass. Gen. Law. ch. 40B §§ 20- 23 and § 135-9.2.2.4 of the Bylaw, with the condition that the boundary between the lot and adjacent Conservation land shall be marked by permanent boundary markers to prevent any potential encroachment from residential activities. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 25, 2014 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator No Other Business Submitted by: Dianne Cornaro, Administrative Clerk