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HomeMy WebLinkAbout2022-02-10-ZBA-min RECEIVED 2022 12 May, 1 ASIpii7'i Minutes of the Lexinqton Zoninq Board of Appeals TOWN CLERK Virtual, Via Zoom LEXINGTON MA February 10, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Martha C. Wood and Associate James Osten Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 103 Gleason Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.1.11 (1) and 135-5.1.14 to allow a driveway to be located 1 ft. from the side lot line instead of the required 5 ft. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan and Plans. 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, Conservation Administrator, and the Department of Public Works. Presenter: Vivek Pawar, property owner. The Hearing was opened at 7:05 pm. Mr. Pawar presented the petition. He stated the proposal is to widen the driveway to allow two cars to be parked side by side. Currently the driveway only allows for tandem parking. He showed an overhead view of the house. The entrance to the driveway will be 3 feet from property line and then one foot from the property line as the driveway goes down. A Board Member, Martha C. Wood, questioned the length of the extension and the walkway on the side of the garage (He showed the plan and stated the walkway is wooden and will be removed). A Board Member, Jeanne K. Krieger, questioned if the applicant has explored other places to put the spare parking space (The only opportunity would be the right-hand side but there is a tree there. They could have done a "U" shaped driveway but it would be too tight). A Board Member, James Osten, stated they could add 3 feet of pavement by right. (Currently the driveway is 10 feet wide and if they were to add 3 feet, that would put the driveway at 13 feet which is not large enough for two vehicles). Mr. Osten stated they could also add a few feet just for parking towards the house. There is another alternative. He questioned if there had been many tear downs in your neighborhood (Can think of three teardowns). Chair, Ralph D. Clifford, stated his concern for water run-off(There is a dip in the backyard. The driveway area seems pretty flat and he has never seen water runoff). The property grade was discussed. Mr. Clifford stated water run-off is a concern. He questioned if the applicant had considered a more pervious surface option (They had not considered it). Mr. Clifford questioned if doing this with a pervious paver would be agreeable (They would consider it). Building Commissioner, James Kelly, stated the neighbor's house at 105 Gleason Road had been raised. The water runs more towards 103 Gleason Road. He discussed pervious surface options. An audience member, Kathryn Roy of 382 Marrett Rd, stated the cost of an easy pave grid for the driveway and stated it is not an outrages fee. This is a grid that is laid down and covered in dirt. Mr. Pawar stated the ideal case is the driveway to look like a seamless single driveway. The Hearing was closed at 7:28 pm (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and James Osten—Yes). Mr. Osten stated the concern if they paved one foot from the fence and then a larger home is put in, the new design would reflect the 1-foot setback. He has no problem with pervious surface. Mr. Clifford stated whatever they do on that lot would need a special permit. Ms. Krieger stated her support for the pervious surface. Mr. Clifford stated clearing snow would be more challenging. It sounds like the board is in favor of pervious surface. The fence abutting the driveway was discussed and the Board agreed they had further questions for the applicant. The hearing was re-opened at 7:33 pm (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and James Osten—Yes). Mr. Pawar stated the previous neighbor said it was a shared fence. There is no proof of that. Mr. Cohen questioned who's land the fence was on (It's on the property line). 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 James Osten—Yes). The Board agreed on the conditions that the applicant maintain the fence, the driveway must be pervious surface and the opening at the road can only be 3 feet larger. 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) 135-5.1.11 (1) and 135-5.1.14 to allow a driveway to be located 1 ft. from the side lot line instead of the required 5 ft. (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and James Osten —Yes) with conditions. Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom February 10, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Martha C. Wood and Associate James Osten Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 3 Gerard Terrace 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 135-6.7.7 to allow an accessory structure apartment. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, 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, Conservation Administrator, Plumbing Inspector, Engineering Department and Planning Department. Applicant submitted to withdraw without prejudice on February 4, 2022. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to withdraw without prejudice (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger— Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and James Osten —Yes). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom February 10, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Martha C. Wood and Associate James Osten Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 45 Fottler Ave 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 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, Conservation Administrator, Engineering Department, Building Commissioners and Planning Department. Applicant requested to postpone to the March 24, 2022 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a postponement to March 24, 2022 (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and James Osten —Yes). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom February 10, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Martha C. Wood and Associate James Osten Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the January 13, 2022 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from January 13, 2022 Hearing (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and James Osten —Yes). 2. New Associate Members Mr. Clifford announced two new associate members appointed to the Board, Kathryn Roy and David Williams. The Board voted to adjourn.