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HomeMy WebLinkAbout2021-07-22-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom July 22, 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, architect on behalf of Victoria Moule and Ignacio Martinez Mr. Techler presented the petition. He stated they modified the proposal to push the garage back to conform to the front setback and are asking for relief of 5 feet for the side yard setback. The side yard setback would be 10 feet. They reduced the size by making a smaller mudroom area and discussed landscape screening. They are asking for this variance on account of the lot shape, topography and adding on to the front of the historic fagade would be far more expensive. A Board Member, Nyles N. Barnert, questioned if the neighborhood association and abutters were okay with this new plan (Yes, no problems). Mr. Barnert then questioned the second story now being labeled a bedroom (That's more of a drafting difference). Chair, Ralph D, Clifford, stated his concern for the compelling need for the Variance. He asked why the homeowners would not be able to use this property without the variance (The neighborhood association and the Historical Commission stated to cover the original fagade would be unfortunate). Mr. Clifford stated there is nothing that allows them to look at history. He asked if it was possible to build a one story garage without the greater setback. The steps going up is what makes it over in the variance (The client has expressed the desire to have this additional space for family. If the second floor were to be moved to the right the stairs would occupy what would be the mudroom and closet). Mr. Clifford stated the need has to be driven by zoning. Mr. Techler stated the house has no entry closet or mudroom. He asked that the Board take into account the garage that was approved years ago. There were no questions or comments from the audience. The Hearing was closed at 7:18 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 agreed on a condition of landscape screening. Board Members Nyles N. Barnert and Jeanne K. Krieger stated this proposal is better than the one granted before. The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to grant a waiver 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 four (4) in favor, one (1) opposed, and zero (0) in abstention to grant 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 side yard setback of 10 feet instead of the required 15 feet (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 July 22, 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: 29 Mason 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 135-4.3.4 to allow an 8 foot fence to be located 0 feet from the property line instead of the required 8 feet. The petitioner submitted the following information with the application: Nature and Justification and Plot Plan. Also submitted was an abutter letter. 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, Building Commissioner and the Engineering department. Presenter: James Frankel The Hearing was opened at 7:21 PM. Mr. Fankel presented the petition. He stated the property behind him is a multi-family dwelling that is pre-existing. There have been issues with the tenants. The parking is parking lot of up to 5 or more vehicles on a regular basis. The headlights face into the back of the house into the bedrooms. There is also an issue with yard waste and trash because of the hill. He has letters of support from abutters and the owner of the property. He feels this will enhance appearance of the neighborhood. There were no questions from the Board. An audience member, Virginia Durruty of 9 White Pine Lane, stated she understands the need for the eight foot fence but shared her concerns for safety regarding the 6 foot fence along Pleasant Street. Chair, Ralph D. Clifford, stated it is each property owner's right to build a six foot fence on the property line. This is not a matter before the board. An Audience member, Wayne Warren of 64 Pleasant Street, stated his support for the eight foot fence but shared the same concerns with the fence on Pleasant Street. An audience member, Jodi Scarbrough of 23 Mason Street, supported the eight foot fence but shared the same concerns with the fence on Pleasant Street. There were no further questions or comments from the audience. The Hearing was closed at 7:41 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 135-4.3.4 to allow an 8 foot fence to be located 0 feet from the property line instead of the required 8 feet (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 July 22, 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: 88 Winter 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, Topographic Map, Plot Plan, Plans and elevations. Also submitted was a letter to the Board from the applicant. 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: James Courtemanche The Hearing was opened at 7:43 PM. Mr. Courtemanche presented the petition. He stated the houses history and previous improvements. The garage in the back is non-conforming and has no driveway. It does not have sufficient clearing for cars. They want to age in place. The proposed garage conforms to similar properties on the street. A Board Member, Nyles N. Barnert, questioned if the existing garage would be removed (No, they do not have the financial stability to do that. That structure is not a garage). The Hearing was closed at 7:52 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 the existing garage would not need to be torn down but if it is to be used for anything else it would need to come before the Board for review. 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 Lexington Zoning Board of Appeals Virtual, Via Zoom July 22, 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: 29 Locust 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 135-8.4.2 to allow the reconstruction of a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Gross Floor Area Calculations and Plans. Also submitted was 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, Planning Department, Building Commissioner and Health Department. Presenter: Laura Swain The Hearing was opened at: 7:53 PM. Ms. Swain presented the petition. She made a presentation. She showed the existing garage compared to the proposed garage. The proposed garage will be the same distance from the rear and side property lines. They want to be able to get at least one car into the garage along with equipment. They have abutter letters in support. There were no questions or comments from the audience. There were no questions from the Board. Ms. Swain stated there are no interior walls in the existing garage so there is no asbestos. The hearing was closed at 8:02 PM. Mr. Clifford stated in reconstruction keep in mind the farthest overhang is what the Building department will need. 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 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 reconstruction 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 Virtual, Via Zoom July 22, 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. A minor modification determination to modify condition number 5 of Special Permit with Site Plan Review, dated September 28, 1988 at 201 Spring Street (Record # ZBA-21-22). Fredrick DeAngelis, attorney, was present to represent the proposal. Chair, Ralph D. Clifford, stated the first step is to determine whether this is a minor matter or not. He stated he could not find in the bylaw the language that allows the Board to do minor modifications. There was a major revision of the bylaws and the authority that they have to do a minor modification was moved to another jurisdiction. Mr. DeAngelis stated they are not asking for any major changes. Condition number 5 requires an annual report. They are requesting relief from the annual filing of the report. They don't want to be in technical default. He then explained the previous plan and the traffic route. If and when requested with the proper authorities they can sit down and discuss transportation patterns instead of the annual report. A Board Member, Nyles N. Barnert, stated it sounds like this got transferred to the Planning Board and they are the ones who should issue the minor modification. Mr. Clifford stated if the site plan review had been done by the Board of Appeals originally then the Board maintains jurisdiction. The Board does have overall jurisdiction on the file but not to do minor modifications. He is not convinced this is a minor modification and is not comfortable with this. Mr. Clifford quoted the Planning Board regulation. The traffic report could have impact on buses, etc. He is hesitant to say it's a minor modification. A Board Member, Norman P. Cohen, stated if they could get it into the bylaw it seems an argument could be made that this is a minor modification. Instead of written report but meeting periodically with the proper officials would be something to consider. The board agreed they would not feel comfortable going forward with this. The applicant requested a continuance to September 23, 2021 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to September 23, 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). 1. Minutes from the June 24, 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 24, 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.