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HomeMy WebLinkAbout2015-08-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room August 13 2015 Board Members Present. Chairwoman Martha C Wood, Jeanne K Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Administrative Staff Dianne Cornaro, Administrative Clerk, Fred J Lonardo, Building Commissioner Also sitting as an alternate was James Osten Address 116 School Street, Map 42, Lot 218 This hearing was continued from June 11, 2015 The petitioner submitted the following information with the applications nature and justification of request, site plan, elevations, floor plans, a quick claim deed filed May 22, 2013, a response from staff's comments from Bernard Hammill, H-Star Engineering and a letter of support from Dean Curtin of 578B Marrett Road Prior to the June 11, 2015 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, Conservation Administrator, Planning Director, Historical Commission Clerk and the Zoning Administrator The petitioner is requesting 2 Variances in accordance with section 135-4, section 4 4, Table 2, Schedule of Dimensional Controls to a allow right side yard setback of 13 ft instead of the required 15 ft and a left side yard setback of 13 ft instead of the required 15 ft. and a Special Permit from sections 135-8 4 2 and 135-9 4 to allow reconstruction of a nonconforming two-family dwelling Before the continued hearing, the applicant, Bernard Hamill, sent a letter to the Board requesting the 2 variances be withdrawn without prejudice and also submitted an updated plot plan Additional comments were received from the Conservation Administrator and the Zoning Administrator On a motion by Leo P McSweeney and seconded by Jeanne K Krieger, the Board voted 5-0 to grant the withdrawal of the 2 variances without prejudice Mr Hamill explained they are requesting the variances to be withdrawn since they had changed the façade of the front of the building based on comments they received from the Board at the last hearing on the facade being too bulky BOA Meeting August 13, 2015 2 Because of the concerns of the ground waters the applicant went back to the Conservation Commission to request a sump pump This was reviewed by the Town Engineer and then approved by the Conservation Commission The applicant still needs a special permit to allow the duplex A Board member asked what was the existing and the proposed square footage of the units be The existing square footage is between 1,800 and 1,900 square feet and the proposed square footage will be slightly over 2,000 each unit. The Board member asked if there was a sump pump for each basement. (Yes, was approved by Town Engineer and will go into a drywell ) A Board member had a concern with the size of the structure and asked to re-clarify what the exact total square footage will be Did not have exact number The Board member asked how far the dwelling from the street is From the lot line to the front stairs will be 21 ft., it is currently 16 feet from the front. It is less non- conforming and will be covered under the special permit When you brought the building in to confirm to be within code did you reduce the square footage to each unit? Yes, went from 65 ft. to 64 ft. width, square footage of each unit is reduced somewhat A Board member asked if the proposed building was condos Yes, it is 1 building with 2 units and a common wall between The Chairwoman confirmed the garages are still under, with additional parking space in the 6% sloped driveway Yes There were no questions from the audience Jerry Paul of 43 Highland Avenue and a member of the Tree Committee had a concern with a very large healthy shade tree on the left side of the property being taken down or damaged If possible the applicant would like to save the tree, they had talked with the tree warden regarding the tree Unfortunately it is almost impossible to save since the tree roots will affect the drainage system They will be required to plant new trees on the property No one spoke in favor or in opposition to the petition The Chairwoman closed the hearing On a motion by Leo P McSweeney and seconded by Edward D McCarthy, the Board voted 3-2 (with Jeanne K. Krieger and David D Williams in opposition) to grant the Special Permit from sections 135-8 4 2 and 135-9 4 to allow reconstruction of a nonconforming two-family dwelling The petition was denied BOA Meeting August 13, 2015 3 Submitted by: (Dianne Cornaro,Adininistratrvc Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room August 13 2015 Board Members Present. Chairwoman Martha C Wood, Jeanne K Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Administrative Staff Dianne Cornaro, Administrative Clerk, Fred J Lonardo, Building Commissioner Also sitting as an alternate was James Osten Address 19 Maple Street, Map 30, Lot 103 The petitioner submitted the following information with the applications nature and justification of request, topographic plan, plot plan and floor plans Before 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, Historical Commission Clerk and the Zoning Administrator The petitioner is requesting a Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Controls to allow a left side yard setback of 14 6 ft. instead of the required 15 ft. side yard setback. The Chairwoman opened the hearing at 7 57 pm by reading the legal notices and described information received from the petitioner Caley Chastell, owner of the property, presented the petition along with her contractor, Andrew Laughlin The applicant seeks a variance for a deck from the left-side lot line The deck was built in its location due to an error between the architectural plans and the survey location This error was found when the final "as built" survey was completed There were no questions from the Board or from the audience A Board member commented that they are next to the Conservation Area "Great Meadows" and asked they remember to respect the meadows and not use the meadows for yard refuge No one spoke in favor or in opposition to the petition BOA Meeting August 13, 2015 4 The Chairwoman closed the hearing at 8 04 pm On a motion by Edward D McCarthy and seconded by Leo P McSweeney, the Board voted 5-0 to approve the variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Controls to allow a left side yard setback of 14 6 ft. instead of the required 15 ft. side yard setback. Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting August 13, 2015 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room August 13 2015 Board Members Present. Chairwoman Martha C Wood, Jeanne K Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Administrative Staff Dianne Cornaro, Administrative Clerk, Fred J Lonardo, Building Commissioner Also sitting as an alternate was James Osten Address 54 Oak Street, Map 14, Lot 9B The petitioner submitted the following information with the applications nature and justification of request, plot plan, floor plans and photographs Before 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 Planning Director and the Zoning Administrator 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 135-9 4 to allow modification (reconstruction) of a non-conforming structure The Chairwoman opened the hearing at 8 05 pm by reading the legal notices and described information received from the petitioner Roy Gould, owner of the property, presented the petition with his Architect, Lewis Muhnifelder The applicant seeks to demolish the existing structure and reconstruct a larger single- family dwelling A Board member asked what the square footage of the existing structure is and what will the square footage of the proposed structure be The existing house is approximately 1,400 sq ft. and the proposed new dwelling is 3,750 sq ft. He also asked if it was a one or two car garage It is a 2 car garage Another Board member asked why they are not setting the house back further so the variance would not be needed The rational is because of the geometry of the lot and was trying to set it back from the neighbors to the left. He also asked if he would be leaving the existing drive way? Yes, part of it. The Board member asked for clarification as to why he can't make the dwelling smaller and not move the driveway The Board member felt the house was too big BOA Meeting August 13, 2015 The Architect, Lewis Muhnifelder, spoke on behalf of the owner explaining the design the house with the 2 car garage The dwelling is 3 times larger than the original house but the house is very small They have tried to lower the profile of the house by setting back the 2nd story and they brought the house forward to be able to have gardens in the back. There were no questions from the audience Jerry Paul of 43 Highland Avenue and a member of the Tree Committee There are a number of trees on the lot, some significant spruce which provide screening If this special permit is approved he would request a condition be included that would limit the amount of trees that are allowed to be removed The Chairwoman asked Mr Paul if he had any suggestions as to what condition they could put on the decision He responded that he would like to see only trees that are dead or could be a hazard be taken down Leora Gould spoke of the neighbors that have taken down trees and would like to take no trees down The one tree they are taking down by the driveway is dead, they are taking none down along Ellis St. A Board member asked why they were keeping the second driveway He thought they needed it because of emergency vehicles, was told by the Building Commissioner he did not need to The Board member also asked about the shed No one spoke in favor or in opposition to the petition The Chairwoman closed the hearing at 8 30 pm On a motion by Leo P McSweeney any seconded by Jeanne K. Krieger, the Board voted 4-0 to allow modification (reconstruction) of a non-conforming structure with the following conditions 1 The current driveway in the front of the house must be removed 2 The shed in the rear of the yard must be removed 3 Only dead trees are allowed to be removed on Ellis Street. 4 The house be constructed as per plot plan dated June 26, 2015 Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting August 13, 2015 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room August 13 2015 Board Members Present. Chairwoman Martha C Wood, Jeanne K Krieger, Edward D McCarthy, Leo P McSweeney and David G Williams Administrative Staff Dianne Cornaro, Administrative Clerk, Fred J Lonardo, Building Commissioner Also sitting as an alternate was James Osten Other Business 1 21 Washington Street- Request for determination for a minor modification to a special permit granted February 26, 2015 a Jennifer Fujii explained to the Board they had previously come before the Board and had received approval to remove an existing covered front landing and steps and replace with a larger covered landing and steps b After the landing and steps were built the applicant provided an as-built plot plan that showed the front yard setback to be 26 3 ft. instead of the approved 27 6 front yard setback. Ms Fujii explained this discrepancy was due to a surveying error The landing with 3 steps was built to the approved dimensions of 11 2 ft. by 3 5 ft. c On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 the modification to the special permit granted February 26, 2015 is minor in nature and no new hearing is required 2 On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve the minutes of May 28, 2015 3 On a motion by Jeanne K Krieger and seconded by Edward D McCarthy, the Board voted 5-0 to approve the minutes of June 11, 2015 4 On a motion by Jeanne K Krieger and seconded by Edward D McCarthy, the Board voted 5-0 to approve the minutes of June 25, 2015 5 On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to approve the minutes of July 23, 2015 Submitted by: (Dianne Cornaro,Ad,ninistrativc Clerk BOA Meeting August 13, 2015 8