Loading...
HomeMy WebLinkAbout2022-01-13-ZBA-min RECE D 2022 24III III , 31 pirn~n Minutes of the Lexinqton Zoninq Board of Appeals 'TOWN I E F F Virtual, Via Zoom LEXI N G 1 ON MA January 13, 2022 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: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 675 Waltham 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 to allow continued use of a golf recreational facility. The petitioner submitted the following information with the application: Nature and Justification, Previously Granted Special Permits and 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, Building Commissioner and Conservation Administrator. Presenter: William Dailey, attorney representing Carroll Family The Hearing was opened at 7:05 pm. Mr. Dailey presented the petition. He stated the course has been in place for about 30 years. Traffic flow has not been a problem. An abutter submitted a matter related to lighting, the problem was addressed several years ago and also more recently. There was a finding that three or four of the poles that hold the netting have encroached on town conservation land. They met with the Conservation Commission and are going to explore a land swap, they are working actively on that. If the land swap does not occur they expect a condition to move the poles back. This is a good use of the property. They asked the Board to consider a 10-year approval term. Chair, Ralph D. Clifford, stated the encroachment on Conservation land is an issue. He questioned the time frame of the land swap agreement (They are actively working with a surveyor to come up with a survey. He explained the land. They would rather not move those poles. It's going to take a little while). There were no further questions from the Board. An audience member, Armando Mancini of 673 Waltham Street, stated the land swap has to be of equal value. This parcel is very important to the conservation commission. It does not make sense for the Town to make that swap, it would allow the golf course to have an additional 20 hitting station. He stated that Mr. Dailey said this encroachment has been going on for 10 years. The Town should be compensated for that encroachment. That area has been regraded which is a violation. He urged the Board to deny the special permit and not renew it for 10 years. There were no further questions or comments from the audience. Mr. Dailey stated they had offered to compensate the Town for the use of the parcel under a license agreement. That was something that would be very difficult to accomplish. The Carroll family are more than willing to pay their fair share. The Hearing was closed at 7:20 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 the renewal period. Mr. Clifford stated it should not be approved for 10 years, 5 years is an appropriate length of time. It makes sense to do a shorter-term renewal so they can fix the issues rather than try to craft a special condition. The golf course is wonderful to have in town but they are encroaching on conservation land. Next time, the Board cannot waive the plot plan requirement so that they can make sure everything is where it's supposed to be. The Board needs to defend conservation land. The Board discussed and agreed on a three-year renewal. A plot plan will be required on the next application. All conditions will continue. The Board will need an update on the encroachment at the time of renewal. 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 to allow continued use of a golf recreational facility (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) with conditions. Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom January 13, 2022 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: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 19 Grant Place 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, 135-8.4.2 and 135-4.4.3 to allow modification to non-conforming structure and to allow more gross floor area than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, plans, plot plan, elevations and gross floor area calculations. 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, Historical Commission and Building Commissioner. Presenter: Ivan Hernandez on behalf of Dilip Mathur The Hearing was opened at 7:40 pm. Mr. Hernandez presented the petition. This proposal is to install an elevator in the four-story home. The other options for access to get to different levels have been considered but the best scenario is the elevator. The elevator would not fit in the exiting dwelling and this is the ideal location. Mr. Hernandez showed a letter from the homeowner's doctor explaining his medical condition. He explained the proposed location and elevations. There will be no noise generated on the outside. There were no questions from the Board. An Audience member, Jean Ricci of 2 Grant Place, questioned the construction process and how it would affect Grant PI. She also questioned the access area for trucks and where the trucks will be parked (The access will be through Grant PI. The equipment will be located in the front of the house. There will be no large equipment used because it is a tight space. Most work will need to be done by hand). There were no further questions or comments from the Board. Mr. Hernandez stated they do have letters of support from abutters for the project. This is a small-scale project to improve the homeowner's life and is highly recommended from the homeowner's doctor. The Hearing was closed at 8:00 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, 135-8.4.2 and 135-4.4.3 to allow modification to non- conforming structure and to allow more gross floor area than otherwise allowed (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 January 13, 2022 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: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 12 Melrose Ave The petitioner is requesting THREE (3) SPECIAL PERMITS and a VARIANCE section(s) 135- 9.4 and 135-8.4.2 to allow a front yard setback of 5 ft 2 inches instead of the required 30 ft, allow a rear yard setback of 2 inches instead of the required 20 ft, allow a side yard setback of 7 ft 1 inch instead of the required 15 ft, 135-5.1.11 and 135-5.1.14 to allow a driveway to be 0 feet front the rear property line instead of the required 5ft and 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 25 ft 6 inches instead of the required 20 ft. The petitioner submitted the following information with the application: Nature and Justification, topographic plan, plot plan, elevations, gross floor area calculations and plans. Also submitted was a memo regarding the construction near the lot line. 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 Building Commissioner. Presenter: Colin Smith, architect, on behalf of Maya and Jeffry Disko The Hearing was opened at 8:03 pm. Mr. Smith presented the petition. He stated the area was developed before zoning was in place. This is a triangular shaped lot. There is a 10 ft wide easement behind the property. The shape imposes rather substantial hardships. He indicated the buildable area allowed by zoning is 2 ft by 4ft. He explained the proposed plan. The height is well below the allowed zoning height if they were at a 15 ft. setback. The existing house is extremely small and causes challenges for the family with two children. The proposal is modest. The nature of the paper street was discussed. A Board member, Jeanne K. Krieger, stated although the property line is within 2 inches of construction there is some relief to the neighbor due to the paper street. A Board member, Martha C. Wood, questioned if they would fire proof the exterior because they are within the five-foot setback (Yes). Ms. Krieger questioned if the proposed height would be in character of the neighborhood (It is one of the smallest houses in the area, foot print and height. There are many examples in the neighborhood that are 2 or 2.5 stories). Chair, Ralph D. Clifford, questioned the lot size of the other lots in the neighborhood (The lots are bigger than this one). Alternate member, James Osten, questioned if the addition would interfere with the view on the corner of Melrose Ave (They don't believe so. The requested relief on that side is for roof overhang. Along the front is just for a stoop addition). Mr. Clifford stated the third requisite that needs to be established is a substantial hardship and it is not clear what that is (This is their neighborhood. They have been looking for other properties but could not find any. It is challenging on an economic level. This is all they can do on this property. The significant hardship is that they would not be able to stay in Lexington). Mr. Clifford stated that is not a hardship associated with the property. The height of the building is based of the size of the lot because of density concerns. Mr. Smith stated the shape of the lot is the hardship, they are being penalized because of the new height bylaw that tied height to setback. That 10-foot-wide path will create that buffer. If they were to calculate from the center of that path they may not require that variance. There were no further questions from the Board. An audience member, Henry Sigourney of 7 Cummings Avenue, stated the area they live in was formerly farm land. It is disheartening to see older homes being torn down and mansions going up, pushing lot lines. He stated his concern about the increasing footprint of the home. They are on a hill and that water has to go somewhere. Making the house bigger is not going to make the neighborhood better. He stated his opposition. An audience member, Shefali Rajpal of 71 Bow Street, stated she is in favor of the proposal, it would be a benefit to the neighborhood. They don't want them to pushed out. Many of the houses in the surrounding area are larger. The amount of increase is not going to negatively impact the site lines around those streets. She spoke about the paper street. An audience member, Karen Thompson of 7 Albemarle Avenue, stated her concern with them going to the property line, more comfortable with a smaller addition. She questioned if in the future they could enlarge the building to the roof overhang setback, does that become buildable area. Building Commissioner, James Kelly, stated the setbacks are measured to the furthest projection and it could probably be made a condition that they can't do that. Ms. Thompson spoken on the paper street. An audience member, Christina Burwell of 6 Albemarle Avenue, stated she has no objection. She spoke on the paper street. An Audience member, Jennifer Zacharis of 26 Rindge Avenue, stated there are very close houses on small awkward lots. This part of town needs to be considered differently than other parts of Town. Adjusting the old house is preferable to knocking it down. An audience member, Nate Monzack of 2 Melrose Ave, stated his support. Mr. Smith stated the question of storm water came up. They are looking to install an infiltrator around the property to contain any added storm water run-off. The Hearing was closed at 8:49 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 proposal is not inconsistent with the adjacent homes. A Board Member, Jeanne K. Krieger, stated any additional work being done on this house will have to a continuation of a non-conforming structure. There is always going to be potential for review. Mr. Clifford stated he agreed but he stated this is a triangular lot with a very small building zone and this does not affect any of the other parcels. He questioned the substantial hardship for the Variance. The Board discussed and agreed they have a financial hardship and the property would be useless. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant THREE (3) SPECIAL PERMITS section(s) 135-9.4 and 135-8.4.2 to allow a front yard setback of 5 ft 2 inches instead of the required 30 ft, allow a rear yard setback of 2 inches instead of the required 20 ft, allow a side yard setback of 7 ft 1 inch instead of the required 15 ft, 135-5.1.11 and 135-5.1.14 to allow a driveway to be 0 feet front the rear property line instead of the required 5ft (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 and a VARIANCE 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 25 ft 6 inches instead of the required 20 ft. (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 January 13, 2022 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: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 56 Grant Street The petitioner is requesting THREE (3) SPECIAL PERMITS 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 and 135-9.4, 135-5.1.11 (1), 135-5.1.14 and 135-5.1.10.4 to allow a driveway slope of 13.2% instead of the required 12% and allow a driveway to be located 3 feet from the side lot line instead of the required 5 feet. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, elevations, gross floor area calculations and 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 Zoning Administrator, Planning Department, Conservation Department and Fire Department. Presenter: Zoltan Juhasz on behalf of Barlex One LLC The Hearing was opened at 8:53 pm. Mr. Juhasz presented the petition. He reviewed the proposal. The property is accessible from Grant Street and Oakland Street. The accessory dwelling unit is part of the existing house. They are designating a portion of the house as the accessory apartment. The house is over 10, 000 square feet, it complies and is a single-family home. There was an address change. There is a driveway easement where the driveway crosses over the neighbor's property. The new driveway was constructed because the old driveway was non-conforming. He explained the floor plan for the proposed apartment. The parking space in the garage and in front of the garage will be designated as part of the apartment. No additional square footage or construction is being proposed. The apartment will provide affordable living. The gross floor area for the apartment is less than 40 percent, it is 10 percent. The apartment is located in the principle building. He will be decreasing the non-conformity of the driveway by increasing the setback to 3 feet. He reviewed the special permit findings of facts. The Board stated concerns about water run off when the driveway is paved (There will be a series of catch basins underground leading to a recharge area. The middle of the driveway will be lower to help collect the water. Nothing will change with water run-off). A Board Member, Martha C. Wood, stated concerns for safety issues due to the steep drop off in the winter. Trees were cut on the left-hand side (The neighbor cut down those trees). Ms. Wood questioned if there is going to be steps outside to get down to Grant Street (Yes, showed where on the plan. There will be a door inside so the two units will be connected). A Board Member, Norman P. Cohen, questioned if the accessory apartment was part of the building permit (They originally asked for a permit for a single-family house but realized it could easily accommodate an accessory apartment. It will not be cheap housing but will be more affordable). A Board Member, Jeanne K. Krieger, questioned what the monthly rent would be (Does not know, probably $3,000 a month). Ms. Krieger stated her concerns for safety issues on the driveway (This property is up on a hill, if you drive around Chandler Street those streets have steeper slopes than this driveway). Ms. Wood asked if the applicant would considered putting in something on the other side in case a car does slide off(They can provide a railing on that side. There is also a vegetation barrier there). Ms. Wood stated concerns for site line on the driveway (That can happen on many driveways). Chair, Ralph D. Clifford, confirmed they got a by-right building permit (Correct). So, then there is no driveway, this driveway is not complaint. It is just a patch of land they own. That driveway would not be allowed on a by-right permit. The driveway can't legally be used. He then indicated an email from February 14, 2021 that the applicant stated the driveway will be kept as is and will not be paved (In conjunction with the accessory apartment request they are asking for that). Ms. Wood questioned at what stage of the process did they decide to make it an accessory apartment (Recently because of several inquiries about the property from perspective buyers). There were no further questions from the Board. An Audience member, Pamela Lyons of 51 Grant Street, stated the previous house could hardly be seen. The prior owners used a driveway coming up from Grant Street. She stated she heard they already have a buyer, it would be helpful to know the intent of that buyer. Given the size of the house and its interesting footprint, this is subverting of the accessory apartment bylaw. It is almost a separate house. An audience member, Lester Savage of 6 Berwick Road, stated he was the listing broker of the existing property. He confirmed there was a driveway there that was actively used. The property was listed at 21 Oakland Street. The apartment does serve the community as affordable housing. An audience member, Richard Hawkins of 19 Oakland Street, stated concerns about the driveway. Drainage has not been thoroughly analyzed. Snow and ice issues are valid concerns. They observed numerous times service vehicles have come down and had trouble getting back up that driveway. As a result, people have backed up the driveway which is dangerous due to visibility. He shared his concern for the way the applicant went about this process of requesting an accessory apartment after the house was constructed. An audience member, Jan Connery of 21 Glenn Road South, stated concerns for driveway snow storage being close to their property. She stated concerns for driveway safety (There was a snow storm not too long ago and there was essentially no pile from that snow storm and didn't need to be stored in that area. There is no issue there and it is not that close to that property. He stated they would be adding vegetation in that area). An audience member, Nancy Fuller of 19A Oakland Street, stated it was never called a driveway, it was a carriage road. There have been many times where people got stuck on that driveway. The previous owners did not use the driveway in the winter, they blocked it off. There was a driveway to Grant Street. She stated her concerns about drainage. The driveway safety is a concern. Mr. Juhasz stated there is a need for the apartment. They are in compliance with all requirements for the house. It is in one ownership. There are many examples in the area of much steeper road ways. If the driveway is maintained properly it would be a functioning driveway. Drainage has been planned and should take away any water. The Hearing was closed at 10:02 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). Mr. Clifford stated the Board cannot allow this driveway. It cannot be granted as a special permit as the use of the driveway was abandoned. It couldn't be there as part of the new construction plan. The driveway is too steep, too dangerous and fire equipment cannot get through. The board discussed and agreed. Mr. Clifford stated the driveway be made inoperable when receiving the issuance of the Certificate of Occupancy. The Board questioned if the accessory apartment is usable without the driveway. Mr. Clifford stated the applicant indicated it would be possible to create a walkway to the front and parking on the driveway on Grant Street would need to be allowed. The Board discussed to reopen the hearing to allow withdrawal of the application. The hearing was reopened at 10:07 (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). Mr. Juhasz requested a withdrawal without prejudice. 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 January 13, 2022 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: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 3 Maguire 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 135-3.3.1 (Table 1 Permitted Uses and Development Standards) D.10.4 to allow a temporary drive-in movie theater. The petitioner submitted the following information with the application: Nature and Justification, details and 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 Zoning Administrator, Planning Department, Select Board, Police Department, Conservation Department and Fire Department. 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 Lexington Zoning Board of Appeals Virtual, Via Zoom January 13, 2022 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: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the December 9, 2021 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from October 14, 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). 2. Board Member Resign Mr. Boudett has resigned from the Zoning Board of Appeals as an associate member. The Board voted to adjourn.