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HomeMy WebLinkAbout2022-08-11-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 11, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Associate Member Beth Masterman Alternate Member: Kathryn Roy and James Osten Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 18 Outlook Drive 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, and Gross Floor Area Calculation. 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 Department, Historical Commission and Building Commissioner. Presenter: Brigitte Steines of Ink Stone Architects LLC on behalf of Deborah Sabin The Hearing was opened at 7:06 pm. Ms. Steines, at 18 Main St in Concord, MA, presented the petition. She stated the exterior of the house needs repair. They want to extend the porch over the width of the house. The front and side setbacks are currently non-conforming. She discussed the design of the proposal. This proposal will add quality and value to the existing house and blend nicely into the neighborhood. There were no questions from the Board. There were no questions or comments from the audience. Ms. Steines stated this proposal would be a great benefit for the owner and the neighborhood. They did receive four letters of support. The Hearing was closed at 7:13 pm (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– 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 to non-conforming structure (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 11, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Associate Member Beth Masterman Alternate Member: Kathryn Roy and James Osten Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 393 Lincoln St The petitioner is requesting a SPECIAL PERMIT section(s) 135-9.4 and 135-4.3.4 to allow an 8' 8" combined retaining wall and fence to be located 0 (zero) feet from the property line instead of the required 8' 8” and SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington to allow 70 yards of fill to be placed on premises rather than the maximum permitted (25 cubic yards). The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, and Photographs. Also submitted was an email confirmation form applicant regarding wall height. 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, Planning Department and Select Board Office. Presenter: John Denis, attorney, on behalf of Shireen Ahmed The Hearing was opened at 7:14 pm. Mr. Denis at stated the Ahmed’s had work done in their yard that was out of conformance. They have a new grandson and were looking to make the yard a safe place for him to play. They did this work without a permit. They brought in loam to level the back yard, put in a retaining wall and installed a fence. It is non-conforming, they found out and were trying to figure out how to make this situation right. There are four main issue. First, is the retaining wall installed. The Town is asking that the wall be checked for stability. They are trying to have a civil engineer examine the wall, they are hoping to do this in a month. The second issue deals with the fact that the fence on the retaining wall exceeds the height requirement on two sides. They plan to cut the fence height down to four feet which at its highest point would make it eight inches over the height limit. This would require a Special Permit. The third issue is the fill. They learned the actual amount of fill brought in was 54 yards. They have sent out soil samples to UMASS laboratory to test for contaminants and they will request the civil engineer to asses the drainage issues that might be attendant to the fill. The last issue is the builder installed the fence over the property line, this has been removed but the neighbors had installed their own fence. There is some work that needs to be done to level and fix a trench, they have already contracted someone to fix this. The Board discussed if this would be a continuance or approved with conditions (Mr. Denis stated if the proposal comes out and its acceptable they plan to go forward with the work and hope if there are issues that arise they will address those). Chair, Ralph D. Clifford, stated it is possible they could grant the Special Permits subject to conditions. That would put the homeowner in a better place. It would put the Board in a position where they can insist certain work can be done. He stated the concern for water and drainage issues that may come. It is possible that there is no way the current project, as it is now, can be brought up to a level that is satisfactory. There is risk that the conditions cannot be met. Mr. Denis stated there is a letter in support to leave the fence the way it is. An abutter, Mr. Cataldo, complained about the height, they are trying to address that complaint. Mr. Cataldo’s intention is to sub-divide the property next door and to add a new development and he is concerned this improvement is going to detract from the value of his sub-division. The Board agreed they wanted to hear from the audience. An audience member, Robert Cataldo of 30 Solomon Pierce Road, stated he is representing himself and his mother-in-law who owns the property at 397 Lincoln St. He is not looking to sub- divide the property. He would like to keep it a farm. The Ahmed’s did this work and did significate damage to the property at 397 Lincoln St with no regard for what they were doing. They left the property a mess. He spoke to the Building Commissioner who went out the property and they assumed it had been cleaned up and it was not. He looked at the wall, it is not appropriately built. It has no cap and no filling in the cores. They do not have permission to go on 397 Lincoln Street, there are no trespassing signs that will be enforced. They need to follow what the bylaws of the Town, not looking for a Special Permit because they have a grandchild. He stated they can cut the fence down but if its six inches too tall then it’s still too tall. He suggested they move the fence back and plant between the fence and the wall. He stated his concern for drainage. He stated his opposition. Alternate Member, Kathryn Roy, stated the retaining wall is not attractive. Board Member, Nyles N. Barnert, questioned how they will maintain the wall if they cannot get onto the neighbor’s property. Mr. Denis stated the part of the wall that is the issue is at the back corner and that can be accessed from the neighbors who sent a letter of support. Most of the fence along Mr. Cataldo’s side is within 6 feet in height. There is only a small part that needs the 8-inch relief, they could make a jag in the fence so that it is within the limits. They want to do the best they can to have a usable yard with privacy while being good neighbors. Associate member, Beth Masterman, questioned what Mr. Cataldo meant by the property being left a mess (Mr. Denis stated the workers that were hired did not do a great job and they did have them come back and clean it up. They did attempt to have a conversation with Mr. Cataldo to plant shrubbery on Mr. Cataldo’s property, but that is not a workable solution). Chair, Ralph D. Clifford, stated on the original as-built-plot it showed an encroachment of the neighbor’s property which is indicative of the kind of problems that are there. The Board discussed their concerns. Mr. Barnert, stated his concern for the zero-foot setback of the retaining wall. A Board Member, Jeanne K. Krieger, stated her concern for the new fence/wall bylaw that was recently passed. The Board discussed the fence/wall bylaw. The Board discussed concerns for trespassing on repairs to the wall. Mr. Clifford stated his concern for the drainage. He stated it might make more sense to allow the applicant to have time to come up with a more compressive solution for all of the issues discussed. The Board agreed. Mr. Clifford suggested a continuance to the October 13, 2022 Hearing and to extend the final action deadline date. Mr. Denis agreed. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to October 13, 2022 (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 11, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Associate Member Beth Masterman Alternate Member: Kathryn Roy and James Osten Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 10 Maguire Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.2.10 and 135-5.2.8.3 to allow a standing sign to exceed 50 square feet in area. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, and Sign Package. Also submitted was a letter from the Design Advisory Committee. 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 Department, Conservation Administration and Engineering Department. Presenter: Jason Parillo on behalf of Greatlands Realty The Hearing was opened at 7:55 pm. Mr. Parillo presented the petition. He stated the proposal is to replace the existing free-standing monument sign with a new sign that would read “Lexington Labs”. This went before the Design advisory Committee and they recommended approval. There were no questions from the Board. There were no questions or comments from the audience. There were no comments from the Board. The Hearing was closed at 7:57 pm (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– 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, 135-5.2.10 and 135-5.2.8.3 to allow a standing sign to exceed 50 square feet in area (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 11, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Associate Member Beth Masterman Alternate Member: Kathryn Roy and James Osten Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1060 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, 135-5.4.6 to Waive Condition #2 of a previously granted Special Permit dated April 22, 2021 and 135-5.4.7. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Photographs. Also submitted was a photometrics plan. 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 Department, Conservation Administrator, Planning Department and Select Board Office. Presenter: John Farrington, attorney at 45 Blair Lane West Falmouth Ma, on behalf of Chase Bank The Hearing was opened at 7:58 pm. Mr. Farrington presented the petition. He stated on April 22, 2022 they were before the Board of Appeals with the lighting plan for the ATM facility. At that meeting they agreed to shut off the lighting 5 minutes after the use of the ATM concluded. Chase Bank has informed them to meet their safety requirements the lighting on the facility needs to be on continuously. As part of the application there are pictures of the almost completed research building to the left of the site and the enormously attractive six story parking garage located directly behind the site. Alan Roscoe, of Core States Group architects, stated the Chase security raised the concern that if the lights are off it is an attractive nuisance for the less savory folks that are around. The idea is that they would try to modify the condition. He showed and discussed the photometrics plan. There were no questions or comments from the audience. Mr. Farrington stated they are looking for the elimination of condition number 2 in the Special Permit Decision from April 22, 2022. The light spillage is contained and Chase Bank has educated them in terms of the importance of the area being continuously lit. Associate Member, Beth Masterman, questioned if there are live security cameras 24 hours a day in that area (Mr. Roscoe stated yes but they won’t see much if there is no illumination). There were no further questions from the Board. The Hearing was closed at 8:07 pm (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– 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, 135-5.4.6 to Waive Condition #2 of a previously granted Special Permit dated April 22, 2021 and 135-5.4.7 (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 11, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Associate Member Beth Masterman Alternate Member: Kathryn Roy and James Osten Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the July 14, 2022 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from May 12, 2022 Hearing (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). The Board voted to adjourn (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Beth Masterman– Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes).