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HomeMy WebLinkAbout2021-06-24-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Virtual, via Zoom June 24, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 363 Massachusetts Avenue 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 135-3.4 (Table 1 Permitted Uses and Development Standards) to allow motor vehicle sales in the CRS zoning district. The petitioner submitted the following information with the application: Nature and Justification, photographs and a parking analysis. 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, Engineering Department, Planning Department and the Building Commissioner. Presenter: Djimy Polynice on behalf of Deluxe Auto The Hearing was opened at: 7:00 PM. Mr. Polynice presented the petition. He stated the proposal is to allow the use of an auto dealership. A Board Member, Nyles N. Barnert, questioned how transactions will occur (They will first be contacted online and then meet at 363 Massachusetts Avenue to test drive the car). Mr. Barnert stated the application states the office will not be open to the public (Only open to customers). Mr. Barnert questioned hours of operation (9am to 5pm). Chair, Ralph D. Clifford, questioned what the three designated parking spots will be used for (They will be used for customers who come to test drive a car and his personal vehicle will be used for one of those spots). Mr. Clifford clarified that the inventory would not be held at 363 Massachusetts Avenue (Inventory will not be in Lexington. They are trying to get a parking area in Boston). There were no questions or comments from the audience. Mr. Polynice explained the online platform. The Hearing was closed at 7:10 (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 agreed on the standard two year renewal. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a waiver for the requirement for a Certified Plot Plan (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 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 135-3.4 (Table 1 Permitted Uses and Development Standards) to allow motor vehicle sales in the CRS zoning district (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 Virtual, via Zoom June 24, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 71 Asbury 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 of a non-confirming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans 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 Zoning Administrator and the Building Commissioner. Presenter: Sree Tadimarri The Hearing was opened at: 7:13 PM. Mr. Tadimarri presented the petition. He stated there is a porch around the house but no front porch. They wish to remove the blockade to enter the front side of the porch. They currently enter through the back door. The front is a 30 feet setback. Chair, Ralph D. Clifford, clarified that the property is 29.2 feet, not 30 feet. A Board Member, Martha C. Wood, questioned the overhang over the steps (It will cover the first few steps. It will not go over all the steps). There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:17pm (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 of a non-confirming 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 Virtual, via Zoom June 24, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 36 Moon Hill Road The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1 (Table 2: Schedule of Dimensional Controls) to allow a front yard setback of 20.6 feet instead of the required 30 feet. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, topographic map, Gross floor area calculations and abutter letters. 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, the Planning Department and the Historical Commission. Presenter: Tim Techler on behalf of Victoria Moule and Ignacio Martinez The Hearing was opened at: 7:00 PM. Mr. Techler presented the petition. He stated the request is for an attached two car garage and mudroom with suite above. The proposed garage would be fully complaint with all other regulations. It is a trapezoidal lot. The house is built across the body of the lot and this is the only available space. The front yard setback curves with the cul de sac. He showed a plan for a fully complaint garage. The compliant garage would cover 18 feet of the Historic residence. There are three rock outcropping's on the property and it would be more difficult to build on. It is thought that chiseling away near the existing structure would create damage. With the topography there is no way to get to the backyard around the current building. In 2013 the Zoning Board of Appeals approved another garage variance which was allowed to be 5 feet from side yard setback and deemed to be too small by the homeowner and they did not build it. The front yard setback would be 20.6 feet. The adjacent garage at 30 Moon Hill Road is 28 feet from the front yard setback. The Historical Commission has approved this proposal and the Moon Hill Planning Board has approved the proposal. A Board Member, Norman P. Cohen, questioned the Moon Hill Planning Board (It is a historic neighborhood of 29 mid-century modern homes. The Board was created by the members of the community to review new proposals). The Zoning Administrator clarified Moon Hill Road has their own association but it is not a planning board. Mr. Barnert stated the proposed garage is 16 feet away from the house. He questioned why that can't that be reduced (If they move it closer to the house the kitchen has no view out and more of the historic structure would be covered). Chair, Ralph D. Clifford, stated the Board is under specific limitations. He stated there are no wetlands or massive hills or slopes on the property. The shape of the lot is the main problem (Yes. The curving setback is the primary problem). Mr. Clifford stated every other lot in the cul de sac has that problem (The garage next door and across the street were granted a variance). Mr. Clifford stated this is a variance and focuses on the specific lot (The topography makes it so they cannot get into the back. There is ledge in the area. That is the biggest concern in excavating). The location of the rock outcropping was specified. Mr. Clifford pointed out the edge of the garage disrupts the rock as proposed (Yes but they are trying to stay away from the house). Mr. Clifford stated the 8 foot gap could be eliminated and then the garage could be built as a matter of right. He suggested attaching the garage to the house. Having the kitchen window is a preference. They have to convince them there is no other way to build this (At the Moon Hill Board meeting there was discussion of whether the garage would cover the original fagade of the building, this is a response to that. Prefer to stay away from original fagade). Mr. Clifford stated historic reasons are not on the list of what to look at when it comes to a variance. Lot shape, topology and ground conditions. If it can be done then they have not reached the level of the Variance. Mr. Clifford asked if this proposal is bigger than the previous variance (Yes it is). So it could be made smaller (It could. The garage approved before was given approval for 5 feet from the side lot line. For every foot they have to pull the back it pushes it in front of the existing structure) Mr. Clifford stated there has to be something about the use of zoning that makes it a real hardship for the owner to continue to use the property. A lack of garage is not a hardship. What is the injury (This is the third owner who has desired a garage. This problem continues to come up. A conforming garage is too small). Mr. Clifford stated the proposal is reaching the absolute maximum. This is a limited lot (A completely conforming garage will just close of kitchen and make it dark. That may not be a hardship it may have an effect on value). Mr. Clifford suggested they try a proposal that is more modest. Mr. Techler presented a presentation showing the current house. Mr. Techler requested a continuance to July 22, 2021 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to July 22, 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). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, via Zoom June 24, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the June 10, 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 June 10, 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.