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HomeMy WebLinkAbout2015-02-26-ZBA-min S Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 26, 2015 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 32 Percy Road, Map 40, Lot 79 This petition was postponed from January 22, 2015 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; elevations and photographs. 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, Historical Commission and the Zoning Administrator. Comments were received from Historical Commission and the Zoning Administrator. The petitioner is requesting SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow modification (addition) of a nonconforming structure. The Chairman opened the hearing at 7:35 pm by reading the legal notices and described information received from the petitioner. Architect Colin Smith presented the petition for the owners of the property, John and Gail Langevin. Mr. Smith explained the proposed addition. Although the structure is not on the HC list of home of historical value, they had gone before the Historical Commission to get their imput on the plans and had been encouraged by the HC to consult with a preservation consultant, which they did. The consultant found that most of the original home has been altered so many times that not much of the original house was left. The applicants also met with the neighbors to discussed their concerns. Modifications were made and new plans dated February 20, 2015 were presented to the Board before this meeting. A Board member asked what was the existing square footage and what is the proposed. (The current is 3,072 and the proposed will be 3,476. Bill Irving of 31 Percy Road asked how is the footprint on the garage on the new plans different from the original. (They pulled the second floor back.) BOA Meeting February 26, 2015 2 No one spoke in opposition to the petition. Charla Coleman of 40 Percy Road spoke in favor of the petition. The Chairman closed the hearing at 7:45 pm. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board coted 5-0 to grant the special permit from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow modification (addition) of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 26, 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 26, 2015 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 108 Bow Street, Map 20, Lot 106A This hearing had been postponed from the February 12, 2015 meeting. The petitioner submitted the following information with the applications: nature and justification of request; floor plans; elevations; site plan; architectural site plan; letter th from Attorney Farrington dated February 26 in response to neighbors concerns and petition of opposition. Also received before the hearing was a petition of opposition signed by 76 neighbors and 8 e-mail in opposition. 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator, the Historical Commission and the Zoning Administrator. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.3 of the Zoning Bylaw to allow expansion of an existing non conforming structure 3-family dwelling. Attorney John Farrington presented the petition for the owner of the property Frank Ponte along with the Architect, Jaisingh Khalsa, from Khalsa Design. Attorney Farrington explained the proposed plan to demolish the existing structure and reconstruct a larger multifamily dwelling. The 3 proposed units will be connected and will contain living areas of 2,455 square feet, 2,482 square feet and 2,455 square feet respectfully. Each unit will contain the required parking spaces with a garage under each unit and on driveways located in front of the garages. The Architect, Mr. Khalsa, presented to the Board a rendering of what the proposed dwelling would look like. (Exhibit 1) Board members had questions regarding the 3 garages and the proposed parking areas for the owners. (Confirmed number of spaces available.) BOA Meeting February 26, 2015 4 The Board also asked how many cars and parking spaces were available to the 3 family existing there now. (Owner Frank Ponte answered there is 1-car per unit presently.) A Board member asked if the character of the proposed structure was revelent to the neighborhood. Attorney Farrington answered yes, they feel it is revelent. They revised the plans more than once when they were driving around looking at the roof lines and the character of the neighborhood. The Board also asked the following: 1) What is the height of the existing structure and what will the proposed height be (Not sure what it is now but it will be 40 feet to the peak.); 2) Is there a place for other cars to park (on the pad in front of the structure.); 3) What is the square footage on the existing 3 units (each unit is approximate 1216 square feet; 4) The new square footage with the garage is approximate 2,500 each.); 5) What is the distance the proposed structure will sit on the lot (It extend further into the lot on the left side.); 6) Have there been any flooding issues on the property (Never had water in the basement.); 7) A follow-up question was regarding the Conservation Administrator’s comment regarding mitigation on the impervious water conditions. (Standard building requirement since 2012 is that all run-off must be contained on the property and a drainage plan must be part of the review.) and 8) Why is the structure on the HC registry list? (Attorney Farrington answered he does not know why but said to note that many properties built before 1952 are on the list to be reviewed, they will need to go before the HC.) The rear abutter, Doreen Mitchell, of 41 Albemarle Avenue asked the following: 1) What will the placement difference be between the existing structure and the proposed structure to the rear property line. (The existing 25.7 feet from the rear lot line and the proposed dwelling will be 15 feet from rear lot line. 2) Has there been any consideration to the maple trees to the rear of the property to protect their roots with the structure closer to them. (The are hiring a arborist to look at the trees,generally the roots only go out under the canapy of the tree branches, he said doesn’t usally anticipate any problems.) 3) Asked for clairification of the height of the existing building. (Attorney Farrington was not sure what the height of the existing building was.) 4) Is the driveway slanted to go underground (yes) 5) How much of the driveway is level by the street before it slants down to the garage. (The slope for the driveway is usually slanted 5 to 7.5% for about 15-17 feet.) Xuaochun Liu of 3 Winn Avenue asked to compare the size of this structure and lot to the size and lot size of 4 and 6 Robinson Road. (The 12 Condo units on Robinson Street are between 1,620 to 2,600 square feet on 4 acres.) Town Meeting Member Maryann Stewart of 24 Rawson Avenue asked for clairfication on the how the Tree ByLaw would impact this property. (Trees only in the setback are impacted by the ByLaw.) Will the pines near the house be replaced (No they do not need to be replaced.) BOA Meeting February 26, 2015 5 Mariana Zgripcea of 107 Bow Street, directly across from the proposed new structure, commented that there has not been any talk of the large under ground stone that goes from 108 Bow Street under the street into her yard and touches her foundation. How will they blow it up and protect her property and the property next to her. (It will be removed by drilling, not by blasting. There will be a survey done by a videos of existing homes in the neighborhood before any drilling will be done to see the conditions of homes. Any damage to the property would be fixed by the Contractor. This is dictated by the Massachusetts Building regulations.) Edwina Spillane of 1 Winn Street referenced a underground garage on the street that had to be filled in due to water issues, she wanted to know what they are doing about water issues. (Garages are not full story grade below the street and helps in the water table. They will also be engineering a drainage gally system.) Jessica Malafeew of 34 Rawson Avenue asked what the livable square footage was. (Each unit has 2,000 square feet per unit. 1200-1300 additional for the garage and mechanicals.) Ms. Malafeew commented they are tripling the square footage. Leah Baigell of 91 Bow Street asked what the units will be selling for. (Attorney Farrington does not know what they will be priced at. They are working on keeping them affordable.) Joe Ho of 37 Albemarle Avenue asked where would visitors park? (Street) (Mr. Ho commented he was not happy with the answer.) Elaine Ashton of 32 Cliffe Avenue asked how many bedrooms in each unit? Was concerned with added school population. (Designed as 3 bedroom homes.) Jian Chen of 3 Winn Avenue was concerned with snow removal and with people walking on the sidewalks with cars pulling out of the driveways. (There is adequate front yards for snow removal.) (They are double development standards for visibility for driveways.) Ivan Bash of 3 South Rindge Avenue asked about landscaping in the front of the building. (There is approximately 90 feet of landscaping area in the front.) Malcolm Burwell of 6 Albemarle Road asked how much parking is there on the existing property now. (Mr. Ponte said they have 2 spaces on the driveway and spaces for 2 cars on the left of the structure.) David Santosuosso of 79 Bow Street had concerns for cut through traffic. Richard Spillane of 1 Winn Street questioned the property being listed under one owner and having a grandfather clause. (The two lots have been in the same ownership since 1938.) BOA Meeting February 26, 2015 6 A Board member asked if Attorney Farrington had done a title search on the property and were 2 separate tax bills received on the property. (Yes to both questions.) The following spoke in opposition to the petition: 1. Christina Burwell of 6 Albemarle 2. Joe Ho of 37 Albemarle Avenue (Presented a letter rejecting the expansion, Exhibit 2) 3. Doreen Mitchell of 41 Albemarle Avenue 4. Xuaochun Liu of 3 Winn Avenue 5. Maryann Stewart of 24 Rawson Avenue 6. Elaine Ashton of 32 Cliffe Avenue 7. Barbara Bushman of 9 Hillside Terrace 8. Richard and Edwina Spalline of 1 Winn Street 9. Andrea Caplin of 22 Albemarle Avenue 10. Peter Jardine of 22 Albemarle Avenue 11. Karen Thompson of Albemarle Avenue 12. Leah Baigell of 91 Bow Street A Board member asked the architect to show her on the plans what trees would be taken down. Attorney Farrington presented closing comments to the Board. The Chairwoman closed the hearing at 9:34 pm. The Board discussed their concerns with the project. The Board members felt the structure was to massive and out of character for the neighborhood. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 0/5, to grant a SPECIAL PERMIT in accordance with 135-8.3 of the Zoning Bylaw to allow expansion of an existing non conforming structure 3-family dwelling. DENIED This petition was . Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 26, 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 26, 2015 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 130 Pleasant Street, Map 8, Lot 5 The petitioner submitted the following information with the applications: nature and justification of request; site plan; sign plans and elevations. 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, Historical Commission, the Zoning Administrator and the Design Advisory Committee. Comments were received from the Conservation Administrator, The Design Advisory Committee and the Zoning Administrator. Special Permit The petitioner requested a from section 135-5.2.10 and 135-9.4 to allow new signage. The Chairman opened the hearing at 9:22 pm by reading the legal notices and described information received from the petitioner. Patricia Wojtaszek, representing the Montessori School, presented the petition explaining the proposed sign they would like to have on the building facing Route 2. A Board member asked if the sign could be seen if you were coming from the West. (You can see it if you look back.) Another Board member commented that she does not see the purpose of being identified from Route 2. She does not find it appropriate. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 9:47 pm. On a motion by Ralph D. Clifford and seconded by Leo P. McSweeney, the Board voted 3-2, (with Jeanne K. Krieger and Martha C. Wood in opposition) to approve the Special Permitfrom section 135-5.2.10 and 135-9.4 to allow new signage. The DENIED petition was . Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 26, 2015 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 26, 2015 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 3 Fiske Road, Map 37, Lot 159 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; elevations and an e-mail dated February 26, 2015 from the applicant in response to the Zoning Administrator’s comments to the Board. 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator and the Zoning Administrator. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4 of the Zoning Bylaw to allow modification (addition) of a non conforming structure. The Chairman opened the hearing at 9:48 pm by reading the legal notices and described information received from the petitioner. Fred Hancox of presented the petition for the owners of the proprty, Dan Kelly and Kelly Foley. A Board member asked if the basement was considered a story (No); will the existing foundation stay (Yes); and what is the existing and proposed living space (existing is approximately 2400, the proposed is 2,800 first floor and 1,200 on the second floor.). Another Board member commented that the second floor is over the main house, what is over the garage. (Continuation of the first floor.) Val Dina of 4 Fiske Road asked if the house will be coming down? (No); Will the driveway and curbcut stay as it is? (Yes) No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 10:00 pm. BOA Meeting February 26, 2015 9 On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow modification (addition) of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 26, 2015 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 11, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 21 Washington Street, Map 40, Lot 87 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans and elevations. 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The petitioner is requesting the following relief: 1) A VARIANCE from sections 135- 9.2.2.2 & 135-4.4, Table 2: Schedule of Dimensional Controls to allow a side-yard setback of 10.2 ft. instead of the required 15 ft. and 2) A SPECIAL PERMIT from sections 135-8.4.2 and 135-9.4 to allow modification (extension) of a non conforming structure. The Chairman opened the hearing at 10:01 pm by reading the legal notices and described information received from the petitioner. The homeowner Jeffrey Hrkach presented the petition with his Architect, Peter Daus- haberle explaining the proposed modifications to the non-conforming dwelling. At the hearing they presented the Board with pictures of the existing conditions. The Chairman commented they must abide to the By-Law to retain all the water run-off on the property and asked where the property line is in regards to the trees? (Slightly to the right of the trees in front.) She also asked if the trees were on the neighbor’s property (yes) and will they be keeping the shed? (No.) Another Board member asked if there was any way to make the garage a little narrower. (They may be able to make it a little smaller but 22 feet is the standard.) Ann Matteson of 40 Highland Avenue spoke with concerns regarding water run-off issues so close to wetlands, the size of the second floor over the garage and the impact of the roots of the hemlock trees. (Mr. Hrkach spoke to her concerns.) BOA Meeting February 26, 2015 11 The Chairwoman asked if they had considered a one car garage or a tandem garage. (Would project to far back into the play area of the yard.) Hrkachs. She made Barbara Buckmann of 9 Hillside Terrace sold the house to the comments regarding the water issues with the lot. She felt that homeowners and attorneys should be better prepared and have more questions answered before they submit their applications. The Chairwoman closed the hearing at 10:23 pm. During discussions a Board member spoke of his reasons for not voting in favor of the variance and voting in favor of the special permit. On a motion by Leo P. McSweeney and seconded by Jeanne Krieger, the Board voted 2-3 (with Martha C. Wood, Laura Hussong and Ralph D. Clifford in opposition) to approve a VARIANCE from sections 135-9.2.2.2 & 135-4.4, Table 2: Schedule of Dimensional Controls Variance isDENIED to allow a side-yard setback of 10.2 ft. instead of the required 15 ft. The . On a motion by Ralph D. Clifford and seconded by Laura Hussong the Board voted 5-0 to grant a SPECIAL PERMIT from sections 135-8.4.2 and 135-9.4 to allow modification (extension) of a non conforming structure. Ralph Clifford modified the motion to not have a condition that the shed be removed. The Architect requested a clarification of what the denial of the variance and the approval of the special permit meant. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 26, 2015 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 11, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 0 Lowell Street, Map 20, Lot 38 The applicant was requesting from the earth fill and removal by-law, Chapter 43 of the Code of Lexington to allow a maximum of 2,500 cubic yards of fill to be brought to the property. The Chairman read a letter from the applicant, Brian Kelly, requesting the petition to be withdrawn without prejudice. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 4-0, (With Ralph D. Clifford obstaining) to allow the applicant to withdraw their petition for a special permit without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 26, 2015 13 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 11, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne Krieger, Leo P. McSweeney and Associate Members Laura Hussong and Ralph D. Clifford Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Jeanne K. Krieger and seconded by James Osten, the Board voted 3-0 to approve the minutes of January 22, 2015. On a motion by Jeanne K. Krieger and seconded by James Osten, the Board voted 4-0 to accept the minutes of February 12, 2015. The voting on the minutes were done by members of the Board who were present at the respective meetings.