Loading...
HomeMy WebLinkAbout2021-05-13-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 13, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 181 Marrett Road The petitioner is requesting a MODIFICATION OF A VARIANCE dated November 23, 1971 section(s) 135-9.2.2.2 and 135-3.4 (Table 2 Schedule of Dimensional Controls) to allow 1.5 ft instead of the required 15 ft side yard setback. The petitioner submitted the following information with the application: Nature and Justification, topographic plan, plot plan, 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 Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Conservation Administrator and the Zoning Administrator. Presenter: David Johnson, Architect Chair, Ralph D. Clifford, announced that Beth Masterman will be sitting as a Board member as she attended the last hearing and Norman P. Cohen would not be a voting member for this proposal. David Johnson presented the petition. He stated after the first hearing with the Board they have redesigned the plan. Everything is within the confines of the existing setback. They are removing both shed and driveway encroachments. The existing garage roof is a flat roof and has been problematic. They propose to, under a Special Permit, to change it to a low pitch roof to match the existing roof pitches. A Board Member, Jeanne K. Krieger, questioned the status of the conservation commission (They met with the Conservation Administrator and went through this current plan. They are reviewing if they want to go through with the additions at all. The Conservation Administrator stated the previous plan is considered a determination of non-applicability. So the roof would fall under that determination). Mrs. Krieger asked if they are keeping the swimming pool (They are assessing that). A Board Member, Martha C. Wood, asked if the roof overhang exists as it is (Yes). Mr. Clifford stated the applicant expressed willingness to remove encumbrances on town land. He asked if they imposed a condition that required that would it be acceptable (Yes). Mr. Clifford asked if a condition to remove the two sheds would be acceptable (Yes) Mr. Clifford stated the swimming pool has not had a certificate of occupancy form the Town. He imposed a condition that if the decision is made to retain the pool is has to be inspected (Yes). There were no questions from the audience. There were no further questions from the Board. Mr. Johnson stated they wish to do something more aesthetic and are fine with the conditions. The Hearing was closed at 7:16 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Mr. Clifford stated the plot plan changed so plot plan waiver is needed. He stated this request is for a variance but questioned if it could be stepped down to be a Special Permit. There is no further encroachment. The house is non-conforming because the original variance was only granted for 7.5 ft and it was built out to 1.5 ft. The Board agreed this should be considered a Special Permit. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to consider this request as a Special Permit (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert —Yes). Mr. Clifford reviewed the three conditions. All fixtures on town land be removed and be restored to its nature conditions. The two sheds are to be removed. If the pool is retained it will be properly permitted and inspected. The Board agreed with the conditions. There were no further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the requirement for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert —Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s)135-93.4 and 135-8.4.2 to allow modification of a non-conforming structure in accordance with the submitted plans (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 13, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Norman P. Cohen Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 5 Constitution Road The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure and 135-5.1.14 and 135-5.1.10.4 to allow a driveway slope of 16% instead of the required 12%. The petitioner submitted the following information with the application: Nature and Justification, plot plan, floor plans, elevations, and gross floor area calculation. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Building Commissioner, Engineering Department and the Zoning Administrator. Presenter: Rick Ames, The Hearing was opened at: 7:23 PM Mr. Ames presented the petition. He stated presented a slide show and explained the plan. The garage is 12 ft below the first floor deck. It is a steep site. They are adding a bedroom above the garage and extending the garage to get a full car inside. They have been to Historic Commission and going back to them next week. A Board member, Nyles N. Barnert, stated there is a discrepancy between survey and plans in regards to steps (The survey is accurate and new plans have been resubmitted to correspond. That is landscaping to get to rear yard). Chair, Ralph D. Clifford, stated they are walking a fine line. It is okay to have landscaping, it is not okay to have a set of steps. The Zoning Administrator stated steps that are not attached to a structure can be considered a landscape feature. If the steps are not part of the principle structure then they can be within the setback. Mr. Clifford confirmed they are not building set of steps and not attached to the house (Correct). Mr. Clifford asked if they could dig deeper dropping the floor of the garage down a foot or so and add extra steps on the interior. Which would create a tall garage but conforming driveway (Everything inside will be conforming. They are addressing the slope issue beyond the right of way. They can't lower the first floor, it is at grade in the rear of the house. The garage is being pushed down). Mr. Clifford asked if there is ledge (They have not found ledge but there is that potential. They are trying to achieve is safe access into the garage and a safe are for vehicles to interchange places). A Board Member, Norman P. Cohen, asked if abutters have stated their support (Neighbors have voiced support during historical meeting). There were no comments or questions from the audience. Mr. Ames stated the proposal is compatible with the neighborhood. They propose to deliver something that makes the property safer. There were no comments or questions from the audience. There were no further questions from the Board. The Hearing was closed at 7:40 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). There were no comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure and 135-5.1.14 and 135-5.1.10.4 to allow a driveway slope of 16% instead of the required 12% (a role call was taken:, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 13, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Norman P. Cohen Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the April 22, 2021 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention of approving the meeting minutes from the April 22, 2021 Hearing (a role call was taken:, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert— Yes).