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HomeMy WebLinkAbout2021-05-27-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 27, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 9 Bridge Street The petitioner is requesting a SPECIAL PERMIT 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 non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, elevations, gross floor area calculation and photographs. 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 Zoning Administrator and the Building Commissioner. Presenter: Larry Cohen, architect and Sivananda Reddy, homeowner The Hearing was opened at: 7:00 PM. Mr. Reddy presented the petition. He made a presentation showing the existing home. He showed the existing landing that is proposed to be closed in. The existing setback is 6.4 feet and the proposed setback is 6.2 feet. He then explained the proposed plans and showed pictures of homes in the neighborhood that have similar structures. This proposal will have a positive impact on the home and the neighborhood. The direct neighbor has submitted a letter of support. A Board Member, Nyles N. Barnert, questioned why one of the photos he showed in his presentation was relevant and he questioned the landing on the proposed plan (That is just to show there is an extension and to show it would not be out of character. The landing is optional. It would be made of natural materials and not count as part of the setback). Mr. Cohen stated the landing would be a granite step and be 7 inches off of the grade. Chair, Ralph D. Clifford, stated the landing would be moving into the setback even further (Mr. Reddy stated the step is optional. They do not need it). The Zoning Administrator stated the setback is measured to the furthest projecting point of the structure. Typically it would be a step. She was under the impression it was stepping out on to the natural grade level. She asked if the step would be required under building code (Mr. Cohen stated if the step is not allowed it is something that can easily not happen). The Zoning Administrator stated if the step is attached to the structure and part of the structure it would count as part of the structure. If it is just a patio type feature or landscape feature then it would not count as part of the structure within the setback. Mr. Clifford stated the step cannot be there (Mr. Reddy stated they will forego the step). A Board Member, Jeanne K. Krieger, asked why the window is facing to the back rather than the front (Mr. Reddy stated they would rather the view of the back yard and need that wall space to hang coats). Mr. Clifford stated if they make changes to what is approved they may need to get a second approval. They are expected to build what is presented. Mr. Clifford asked how long the brick step and shed have been there (Mr. Reddy stated it was there when they bought the property in 2013). An audience member, Adrienne Stang of 2 Payson Street, stated her support. There were no questions from the audience. Mr. Reddy stated this is a small home and they ask for this modest addition to refresh this entry level home. There were no further questions from the Board. The Hearing was closed at 7:26 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 a SPECIAL PERMIT 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 non-conforming structure (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). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 27, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. 53 Grant Street: Request for extension of two (2) previously granted special permits Thara Pillai, homeowner of 53 Grant Street, stated they were excited to move forward with the project but then COVID-19 happened. They put the project on hold and are now moving forward. They have full support of the neighbors. Chair, Ralph D. Clifford, asked how long of an extension they are requesting (Mrs. Pillai requested a month). Mr. Clifford asked if through the end of September would be acceptable (Yes). An audience member, Pamela Lyons of 51 Grant Street, stated her support for the extension. An audience member, Marcy Lidman of 63 Grant Street, stated her support for the extension. The hearing was closed at 7:35 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). The Board discussed and agreed to extend the request through to the end of the year. Mr. Clifford stated they have establish good cause. One is COVID-19 and the other is construction cost. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a request for extension of two (2) previously granted special permits to last through the end of the year (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). 2. Discussion of remote meetings mandate Mr. Clifford stated the authorization to go remote is going to disappear as of June 15th. There is activity in the legislature that may extend it either through the summer or permanently. Mr. Clifford asked the Board if they would want to take a position on this. The Board discussed and agreed to take the position of allowing remote meetings at a minimum through the summer and preferably permanently. The Lexington Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to encourage the legislature to authorize remote meetings using computer applications through at least the end of the summer but preferably permanently (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). 3. Minutes from the May 13, 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 May 13, 2021 Hearing (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). On a motion made and seconded, the Board voted to adjourn.