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HomeMy WebLinkAbout2015-04-16-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 16, 2015 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 12 Reed Street, Map 64, Lot 59 and 60 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; elevations and photographs. Also submited was a proposed parking plan; a copy of a ZBA decision dated August 8, 2013, narratives from Attorney Fenn dated April 3, 2015, March 20, 2015, March 6, 2015 and February 26, 2015 and e-mails in support of the project from Jonathan and Brenda Friedman of 6 Reed Street and Kerry Emauel of 9 Reed 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with 135-8.3 of the Zoning Bylaw to allow expansion of an existing non conforming 3-family dwelling. The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. This hearing was postponed from March 26 and April 9, 2015. Attorney Thomas Fenn representing the homeowners, Rasco and Mijana Boven, presented the petition. Attorney Fenn explained the 3 narratives he submitted prior to the hearing, the reasons for the postponements and the history of the 3-family structure. At the hearing an updated plot plan was submitted and Attorney Fenn answered questions and concerns from the memorandum he received from the Zoning Administrator. He also presented to the Board: assessor’s list of 3 family homes in Lexington; assessor’s lists of homes in the neighborhood and a chart with homes sizes in the area and explained the changes to be made from the original plans submitted. The Chairwoman asked who owned the fences on each side of the property. (The fences will be replaced with another fence or shrubs.) BOA Meeting April 16, 2015 2 Another Board member asked if the existing house would be remaining. (Yes) Asked for clarification of the tandem parking.He also asked what the square footage of each apartment would be (Each will be approximately 2300-2400 sq. ft.) and asked how far the trees are from the house and would they be affected by the project. (The trees are from 80 to 230 feet away from the proposed structure.) A Board member asked Attorney Fenn how the storm water management would be handled. The run-off will be addressed and regulated by the Conservation Commission. They are planning on going before them for approval for this project. A Board member voiced his concern with the length of the proposed addition and the frontage issues on the street. He is not convinced this is not 2 homes on one lot. Another Board member shared the same concern and thought the proposed plans was making a 3-family home into a compound in a single family zone. A third Board member also had concerns with the size and with the second driveway. He asked what the site coverage on the lot was. Another Board member felt the driveway presented a danger with the stone wall and the view of the street. A discussion followed regarding the second driveway and grading into the entrance to the garage. Deborah Marty of 4 Candlewick Close asked where the third apartment entrance was. (In the back of the building.) Charles Rollinger of 6 Candlewick Close, Deborah Marty of 4 Candlewick Close, DeDe Pike of 6 Candlewick Close, Jennifer Dailey of 5 Candlewick Close and Zing and Lily Zhu of 16 Reed Street spoke in opposition to the project. When a concern arose regarding the middle school and high school bus stop the Chairwoman asked where the elementary school bus stopped. (A little further down the street.) The Zoning Administrator reminded the Board and the audience that this project was not for rental units but for condominiums. The Chairwoman was asked to take a vote of the audience as to who was in favor and who was in opposition to the project. (Zero in favor and most of the audience in opposition.) The Chairwoman closed the hearing at 8:52 pm. On a motion by James A. Osten and seconded by Leo P. McSweeney, the Board voted 0-5 to grant the special permit in accordance with 135-8.3 of the Zoning Bylaw to allow expansion of an existing non conforming 3-family dwelling with the condition that the site line from the driveway in front be approximately 30 ft. down the street on both The petition was denied directions.. BOA Meeting April 16, 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 16, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 11 Fairland Street, Map 42, Lot 206 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations and floor plans. Prior to the meeting, 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 Planning Director, the Health Director and the Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2, Schedule of Dimensional Controls and section 135-2.2.2 to allow a 3.5-story structure instead of the maximum allowed 2.5 stories. The Chairwoman opened the hearing at 8:56 pm by reading the legal notices and described information received from the petitioner. This hearing was postponed from April 9, 2015. Shanghad Liu, owner of the property, presented the petition. Mr. Liu seeks to modify the existing structure by adding a floor above the existing 2.5 story structure, except over the garage. The Chairwoman asked if Mr. Liu will be living in this home (yes) and what is in the lower level. (No living space, just storage.) A Board member commented houses on the street are well below this structure and asked for clarification of what is considered a story. The Zoning Administrator clarified they will be needing relief for 3.5 stories. A Board member asked if a condition on use of the basement would be possible. (It was determined that would be difficult for the Building Department/ZBA to regulate.) BOA Meeting April 16, 2015 4 Another Board member asked for clarification of the height of this structure. (40 feet above grade.) A discussion followed regarding what constitutes stories in a home. Philip Terry of 11 Fairland Street had no problem with the addition but he was concerned with state of the fragile private road. He asked if there were regulations concerning the repairs to the road. It was explained by the Chairwoman that where this is a private road the repairs would be the responsibility of the homeowners. Decision: On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2, Schedule of Dimensional Controls and section 135-2.2.2 to allow a 3.5-story structure instead of the maximum allowed 2.5 stories. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 16, 2015 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 16, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 22 Rangeway Road, Map 87, Lot 33 The petitioner submitted the following information with the application: Nature and justification; plot plan; elevations; floor plans and a copy of the Conservation Determination. Prior to the meeting, 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 Planning Director and the Zoning Administrator. The Applicant is requesting a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2, Schedule of Dimensional Controls and section 135-2.2.2 to allow a 3-story structure instead of the maximum allowed 2.5 stories. The Chairwoman opened the hearing at 9:25 pm by reading the legal notices and described information received from the petitioner. Attorney John Farrington representing the homeowners, Erik and Nancy Wilker, presented the petition. The applicant seeks to modify the existing structure by adding a story over the existing 2.5 story structure. At the hearing letters of support were received from: Camille and Peter Jones of 25 Rangeway Road and Stephen Shick and JoAnn Mulready-Shick of 27 Rangeway Road. Also received was a copy of the assessor’s record for 22 Rangeway Road. The Chairwoman asked the applicant if they plan on living there (Yes); and what was and will be the total living space. (800 existing, 1,600 proposed.) A Board member asked the applicant to verify the house location on the plot plan. JoAnn Mulready-Shick of 27 Rangeway Road spoke in favor of the application. BOA Meeting April 16, 2015 6 The Chairwoman asked when the last time someone lived in the house. (It has been unoccupied for the last 2 years.) The Chairwoman closed the hearing at 9:48pm. Decision: On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2, Schedule of Dimensional Controls and section 135-2.2.2 to allow a 3-story structure instead of the maximum allowed 2.5 stories with the following conditions: 1. The walls shall be straight up with no additional hangovers on the footprint. 2. Conservation Commission order of conditions shall be met. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 16, 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 16, 2015 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 360 North Emerson Road, Map 82, Lot 95 The petitioner submitted the following information with the application: Nature and justification; foundation as built, existing and proposed floor plans; elevations; Accessory Apartment floor plans; Land Court Decision dated April 27, 2009 and letters of support from Howard and Eleanor Levingston of 358 North Emerson Road, Wan Cheung and Wai Ying Tse of 361 North Emerson Road and Odilo Muelle and Lee Wei Anh of 363 North Emerson Road. Prior to the meeting, 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 Health Director, the Planning Director, the Historical Commission Clerk and the Zoning Administrator. The applicant is requesting a special permit in accordance with the Zoning By-Law section 135-6.7.7 and 135-9.4 to allow an accessory apartment. The Chairwoman opened the hearing at 9:50 pm by reading the legal notices and described information received from the petitioner. Ana Gabby, owner of the property, presented the petition. Ms. Gabby is seeking to create an 878 sq. ft. accessory apartment within the existing structure. The proposed apartment would be located in the area formally used as a garage and later a family room. The Chairwoman asked if everyone can get out of the driveway without moving cars around. The Board discussed placing a condition that this special permit for the accessory apartment shall be issued for the current owner only. It will not transfer to any additional owners. There were not questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting April 16, 2015 8 The Chairwoman closed the hearing at 10:04 pm. Decision: On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law 135-6.7.7 and 135-9.4 to allow an accessory apartment with the condition it is granted for the current owners only and does not transfer if the property is sold. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 16, 2015 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 16, 2015 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member James A. Osten Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: Jeanne Krieger updated the Board on conversation she had with the Chairman of the Planning Board regarding the Planning Board’s thought of giving the Selectmen the authority to rezone town owned properties. It had been voted down at Town Meeting but the Board expects it to come up again.At this time no further action is necessary. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 4-0 (James Osten did not vote.) to approve the minutes of March 26, 2015. Submitted by: Dianne Cornaro, Administrative Clerk