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HomeMy WebLinkAbout2021-09-09-ZBA-min RECEIVED 2021 21 IPDec,5°20 N u "I'OWN N O. 'IR Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom L E I N S 't"' ;'I N N I September 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Sharon Coffey, Administrative Clerk Address: 130 Worthen 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 3 stories instead of the required 2.5. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, elevations and gross floor area calculation. Also submitted was abutter letters in support. 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, Conservation Department, and Planning Department. A withdrawal request was submitted on August 8, 2021. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (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 September 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Sharon Coffey, Administrative Clerk Address: 201 Spring Street The petitioner is requesting a minor modification determination to modify condition number 5 of Special Permit with Site Plan Review, dated September 28, 1988 at 201 Spring Street in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s)135-9.4. The petitioner submitted the following information with the application: Nature and Justification, previous decision, TAC statement, and Applicant 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, Engineering Department and Planning Department. A withdrawal request was submitted on August 4, 2021. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (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 September 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Sharon Coffey, Administrative Clerk Address: 27 Volunteer Way 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 135-6.7.6 to allow an expanded accessory apartment. The petitioner submitted the following information with the application: Nature and Justification, Plans and gross floor area calculations. Also submitted was a plot plan waiver request. 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. Presenter: Irina and Vincent Case The Hearing was opened at 7:06 pm Ms. Case presented the petition. She stated they are seeking approval to convert an existing area on the ground floor to an accessory apartment. She reviewed the floor plans and stated the apartment would be 31 percent of the gross floor area. Chair, Ralph D. Clifford, questioned if the renovations had been done in the past and not more recently (They have updated cabinets but the kitchen was there when they purchased the house). There were no questions or comments from the audience. Ms. Case stated this would be good for the Town. The Hearing was closed at 7:12 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 reviewed the findings and facts. 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, 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 135-6.7.6 to allow an expanded accessory apartment (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 September 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Sharon Coffey, Administrative Clerk Address: 32 Middle Street 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 the height of a dwelling to be 30.76' instead of the required 30.0'. The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Plans, elevations, photographs 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, Building Commissioner, Conservation Department, and Planning Department. Presenter: Kt Huang, architect on behalf of Sheng Cui and Liu Xiaohong, homeowners The Hearing was opened at 7:20 pm Mr. Cui presented the petition. He made a presentation which showed images of the house. Mr. Cui stated the height is 9 inches more than what is allowed, the lot shape and soil conditions limit the design options and buildable space. They realized they should have filed a Variance prior to starting given all the hardships because any deviation would have made them non- compliant. The attic space is not living space. The highest ridge is at the back of the house and it cannot not be seen from the front so it would not impact the neighborhood. They have strong support from the neighborhood. To be complaint they would have to cut the roof costing them upwards of 67 thousand dollars. He discussed why the lot was unique due to lot size, wetlands and poor soil conditions. He discuss the installation of the drainage system which limited the setback space. If they agree to cut the roof it would not look right which would impact the neighborhood. It would be a significant hardship as the construction cost is already over budget. After the proposal was voted on Mr. Cui further discussed the hardships. A Board member, Nyles N. Barnert, questioned why the height changed (The original design was 30.5' with an 8 foot setback. They did not know the ground water level and found out they could go deeper for the basement). There were no questions or comments from the audience. There were no further questions from the Board. Mr. Cui stated they made a mistake and should have filed for the Variance after they found the water issue. They were too focused on the timeline. The Hearing was closed at 7:44 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). A Board member, Jeanne K. Krieger, stated it seems the applicant is this petition because of decisions they made rather than the nature of the property. She stated she sees no basis for granting a variance. A Board member, Norma P. Cohen, stated he originally wondered if there was anything to support the variance but the soil condition is something that he didn't know. He stated he would vote in support of this proposal. Mr. Barnert stated the whole roof would not need to be modified. Chair, Ralph D. Clifford, stated the hardship is there but in general this was self-caused. It is a difficult lot and a narrow lot but so if every other lot in this neighborhood. They can't just look at this lot because it is what every neighbor has. The lot is rectangular so it is not an odd shaped lot. There is clearly wetlands nearby but it does not come up to the level to grant the variance. There is not a direct connection between the water system and the house. He is not convinced a compliant house could not have been built there. The design and building process was not careful enough considering how close to the lines it was. Mr. Cohen stated the builder and architect are the ones who know. They came up with a plan which did meet zoning and they didn't build it. It's a difficult case. Mr. Barnert stated it sounds like they did not consider the gutters. Which is the fault of the architect. Mr. Clifford stated there are probably some creative ways to solve the problem without the house being re-roofed. Ms. Wood stated they have these regulations and if they start saying it's already built then they have lost control. There were no further comments from the Board. The Board of appeals voted one (1) in favor, four (4) 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 the height of a dwelling to be 30.76' instead of the required 30.0'. (a role call was taken:— Ralph D. Clifford— No, Jeanne K. Krieger— No, Martha C. Wood — No, Norman P. Cohen —Yes and Nyles N. Barnert— No). As a result the proposal was denied. Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom September 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and associate member Edward McCarthy Administrative Staff: Sharon Coffey, Administrative Clerk Address: 25 Forest 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 allow replacement of existing non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, elevations and gross floor area calculation. Also submitted was a letter form 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, Building Commissioner, Planning Department, and Planning Department. Norman P. Cohen recused himself as he is an abutter and Edward McCarthy sat as a voting member in Mr. Cohen's place. Presenter: William Erickson, architect, on behalf of Kevin and Satinder McDonnell The Hearing was opened at 7:57 pm. Mr. Erickson presented the petition. Mr. Erickson stated the proposal is to seek a special permit to replace an existing shed structure with a larger accessory structure, a garage which would be five feet from the property line. There is an adjacent garage from an abutting neighbor that is right near the property line. He then showed other accessory structures in the neighborhood. The homeowners do not want to attach the garage to the house because it would not match the character of the neighborhood. They want it closer to the property line because they would not be able to fully access the garage or backyard. He showed the plans. There are a number of letters from abutters in support. Kevin McDonnell, homeowner of 25 Forest Street, stated through renovations they have kept the house modest and traditional. The proposal is in the spirit of having a garage but keeping it small and modest. A Board member, Martha C. Wood, questioned the space above the garage and its access (Mr. Erickson stated the intent would be a ladder type access. It will not be conditioned space). A Board member, Jeanne K. Krieger, asked if it was possible to move the garage away from the setback (Mr. Erickson stated it is going to be tight as it is. The further the garage is to move back into the yard the more difficult it would be to access. The garage next door is three feet off the property line and this would block that out as well). Ms. Krieger asked what the intended function of the existing structure is for (Mr. McDonnell stated it was there when they bought the house. Maybe it was a play house or storage for a lawn mower). Ms. Krieger asked if the garage would be wired for an electric vehicle (Mr. McDonnell stated that is something they are interested in). Ms. Wood questioned if they are taking down any trees (Mr. McDonnell stated they do not want to take any trees). Chair, Ralph D. Clifford, stated it would be a good idea to get in touch with the tree warden due to the root system and the survival rate. A Board Member, Edward McCarthy, questioned the height (19' 8"). Mr. Clifford questioned if the direct neighbors wrote letters in support (Yes). Mr. Clifford asked if the second floor would have pull down steps (Mr. McDonnell stated yes. It would be used for storage space). Mr. Clifford stated the garage is far enough away from the property line not to need fire rating but it is not far enough away from the neighbors garage to not be a fire risk. He asked if it would be a problem if the Board made it a condition that the wall on the outside property line to be fire rated (Mr. Erickson stated that would not be a problem). Mr. Clifford asked if it would be a problem to condition them to speak with the Tree Warden (Mr. Erickson stated that would be fine). There were no further questions from the Board. An audience member, David Webster of 22 Forest Street, stated his support. There were no further questions or comments from the audience. Mr. McDonnell stated they are excited to improve the property and make is useful. The Hearing was closed at 8:22 pm (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Edward McCarthy—Yes and Nyles N. Barnert—Yes). The Board agreed on the two proposed conditions. The applicant needs to contact the tree warden regarding the three trees that are at risk and the wall near the neighbors has to be fire rated. The Board discussed the findings and facts. 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 allow replacement of existing non-conforming structure (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Edward McCarthy—Yes and Nyles N. Barnert—Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom September 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Sharon Coffey, Administrative Clerk 1. Minutes from the August 12, 2021 Hearing The Board of appeals voted three (3) in favor, zero (0) opposed, and two (2) in abstention to approving the meeting minutes from the August 12, 2021 Hearing (a role call was taken: Ralph D. Clifford—abstained, Jeanne K. Krieger—Yes, Martha C. Wood —abstained, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). The Board voted to adjourn.