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HomeMy WebLinkAbout2022-10-13-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 13, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James Osten and Associate Beth Masterman Alternate Member: William Kennedy Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, 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 f rom applicant regarding wall height. Updated documents submitted prior to the October 13, 2022 Hearing were the remediation plan, drawing showing fence and wall scale, and a percolation test. 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: Timothy Lee, Land Surveyor, on behalf of Shireen Ahmed Timothy Lee, landscape architect at 1 Bow St Lexington MA, stated the first issue was with the retaining wall and fence along the property line. There were concerns about stability, height and massing. They have put together a solution. He showed the plan. The six-foot-high fence will be removed and reinstalled six inches from the property line. The new wall will be constructed inside the fence. On the east side the wall will be six inches from property line, because the wall height will vary from 6 inches to 36 inches high they are requesting that relief. The wall will be three inches higher than the new lawn in order to contain water runoff. The second item is the issue of the fill. They collected soil samples and submitted the samples to UMASS Soil and Plan Tissue Testing Lab in Amherst. They hired a civil engineer to perform a percolation test. The soil is a loam and suitable for gardening. The soil was tested for lead and was in acceptable range. The soil was found to be permeable for the area. Everything falls within the acceptable range on the soil test report. The last concern the Board had was the fence being installed across property boundaries. That fencing has been removed. The retaining wall will be wrapping around that side of the property, that area will be excavated and gravel will be installed to reduce runoff. The proposed plan has mitigated the massing and run off concern. Testing and analysis have shown the soil is loam and suitably permeable. A Board Member, Martha C. Wood, questioned if the soil has been tested for pfas (No, it has only been tested for the basics). Board Member, Norman P. Cohen, stated this is an opportunity to move the fence even further back and leave space for maintenance (Property is a premium. Giving up land can cause confusion in the future. It is typical practice to install fences six inches from the property line). Chair, Ralph D. Clifford, questioned how tall the fence will be (Six feet). He stated that would be compliant with zoning (That is the understanding). Zoning Administrator, Julie Krakauer Moore, clarified the Special Permit request would be for the retaining wall height because it is not setback its height. Mr. Clifford questioned the max height of the retaining wall (36 inches). An audience member, Robert Cataldo of 30 Solomon Pierce Road Lexington Ma, stated he has little problem with what is being proposed. Due to the condition his mother-in-law’s property was left in all work will be need to be done from the applicant’s side of the property. This is a better proposal. A Board Member, James Osten, questioned the site line and visibility for Mr. Cataldo (Mr. Cataldo stated the site line is not affected by the fence because that is what it would be anyways. What is left there is residual fill against the wall). There were no further questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:27 pm (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Beth Masterman – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Mr. Barnert stated when writing the new fence and wall bylaw they probably envisioned a step up, not a step down. Associate Member, Beth Masterman, questioned if is was possible to erect the fence without going onto the neighbor’s property. Mr. Clifford stated it is possible but it won’t be easy. 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 a three-foot tall retaining wall to be located six inches from the property line instead of the required three feet (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – 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 Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington to allow fifty-four yards of fill to remain on the premises rather than the maximum permitted twenty-five cubic yards (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Beth Masterman – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 13, 2022 Board Members: Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and James Osten Alternate Sitting: William P. Kennedy Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 39 and 43 Blossomcrest Road The petitioner is requesting a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-6.2 [Historic Preservation Incentives], 135-4.0 Table 2 [Schedule of Dimensional Controls], and 135-9.4 [Special Permits] to relocate the historic Hammond A. Hosmer House presently at 1557 Massachusetts Avenue to 39 and 43 Blossomcrest Road Assessor’s Map 16 Lots 18 & 19A. Proposal will subdivide the two lots to create a third lot to front on Waltham Street in the RO Zoning District. Petitioner seeks relief from minimum required lot area, frontage, and front setback for the new lot and to reduce the lot areas for 39 & 43 Blossomcrest Rd. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans and Gross Floor Area Calculations. Also submitted was Hosmer Exhibit Material Color, ZBA Special Permit Supplemental Findings, Historical Commission Recommendation, Hosmer House-Fletcher Field master Plan, Hosmer House Bid, Certificate of Appropriateness from the Historic Districts Commission, Photographs, and 2010 Historic Structure Report. Also a revised driveway plan was submitted. 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 Historic District Commission, Historical Commission, Select Board, the Building Commissioner, the Planning Department and the Zoning Administrator. Applicant: Rosalina Carroll on behalf of John P. Carroll Presenter: Rosalina Carroll Ms. Carroll, at 29 Allen Street Lexington MA, stated their plan is to relocate the Hosmer House to Waltham Street, adjacent to 43 Blossomcrest Road. The proposed location is great. Traveling on Waltham Street into Lexington the Hosmer House would be visible and traveling from Hayden Avenue you would be able to see the house turning right into Waltham or left further into Lexington. The plan is to restore the Hosmer House to its original appearance. They would be adding a kitchen and bathroom which it does not have at the moment. They would also be adding a wrap-around porch. A plaque will be placed to establish that it is the Hosmer House. They want to keep the Hosmer House existing, preserved and admired. They don’t want to see it get demolished. A Board Member, Nyles N. Barnert, questioned the zero-foot frontage. Abigail McCabe, Planning Director, stated the proposal is to make Blossomcrest Road the legal frontage, but have the house accessible from Waltham Street and face Waltham Street. This is because Mass Dot owns the right of way on Waltham Street so that cannot legally be made the frontage. The applicant currently owns the two properties that front Blossomcrest Road. There is existing curb cut on Waltham Street with pavement to the front of the lot and the proposal is to use that as the physical access but have the legal frontage on Blossomcrest Road. A Board Member, Martha C. Wood, questioned if someone has spoken to Mass Dot to see if they would allow this (Ms. Carroll stated there is an existing driveway there and they will not be using Mass Dot’s pavements, they will not need their approval). Ms. McCabe showed the driveway plan. She stated the Town reached out the Mass Dot earlier in the summer. The local approval occurs first then filling with Mass Dot comes after. The applicant should check with Mass Dot. Town Manager, James Malloy at 142 Old Westboro Road North Grafton MA, stated the project of trying to find a new location of the Hosmer House, where they could preserve it started almost two and half years ago. The Town started a committee and hired a facilitator who did a study and found that the best and highest use for the house was a single residential family home on another location. At the same time that resulted in the Zoning change that the Planning Department put forward that was focused on the Hosmer House. They went through three different RFP’s. The first one came up with two proposals, one was not in compliance with the RFP and the other was not acceptable to the Select Board. The second RFP had no bids and the third is this one. After reviewing 300 parcels of Town land to see if there was a place to put the house, this is consistent with the committee and the study that was done in the report on the highest and best use for both the Hosmer House and the fletcher field property. It is also consistent with the zoning that passed and is really necessary for the Town to be able to move forward with the police station project. On behalf of the Select Board and himself they are supportive of this project. There were no further questions or comments from the audience. A Board Member, James Osten, questioned if there was a problem getting Mass Dot approval could an alternative driveway be put in (Ms. Carroll stated plot plan shows they do have alternative options. Mr. Osten questioned if those alternative options would require a Special Permit. Chair, Ralph D. Clifford, stated he believes they would but that is for the administrators to make that call. The driveway that is an easement across Blossomcrest Road would require a Special Permit modification. There were no further questions from the Board. Ms. Carroll stated they are prepared to keep this project moving. The Hearing was closed at 7:46 pm (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Mr. Clifford stated the Board needs to discuss conditions. The Special Permit needs to be conditioned on the sub-division approval. He stated they received a letter from the Historical Commission dated August 31, 2022 containing recommendations. He suggested the Board condition all of the recommendation from the Historical Commission be complied with except to change recommendation number 6 from “prior to obtaining building permits” to “prior to the issuance of the Certificate of Occupancy”. Driveway allowing ingress and egress to Waltham Street will require Mass Dot approval, or a determination from Mass Dot that approval is not required A Board Member, Norman P. Cohen, stated this is to preserve a historic treasure of the Town. He is pleased the Carroll’s came forward because as the Town Manager pointed out they have gone though many iterations prior to this. The Board reviewed the findings for the vote. 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) 135-6.2, 135-9.4 and 135-4.0 Table 2 [Schedule of Dimensional Controls] to relocate the historic Hammond A. Hosmer House presently at 1557 Massachusetts Avenue to 39 and 43 Blossomcrest Road Assessor’s Map 16 Lots 18 & 19A (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes) subject to conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 13, 2022 Board Members: Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and James Osten Alternate Sitting: William P. Kennedy Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk 1. Board reorganization, elect Chair, Vice Chair, and Board Clerk-- to be effective October 13, 2022. Chair, Ralph D. Clifford, nominated Ralph D. Clifford as the Chair, Nyles N. Barnert as Vice Chair, and Martha C. Wood as Clerk The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to inducted Ralph D. Clifford as the Chair of the Zoning Board of Appeals with Nyles N. Barnert as Vice Chair, and Martha C. Wood as Clerk (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 2. Review of 2023 ZBA Calendar The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to adopt the 2023 calendar (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 3. Minutes from the August 8, 2022 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approving the meeting minutes from the September 9, 2021 Hearing (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 4. Minutes from the September 8, 2022 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approving the meeting minutes from the September 9, 2021 Hearing (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 5. Minutes from the September 13, 2022 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approving the meeting minutes from the September 9, 2021 Hearing (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 6. Discuss Zoning Board of Appeals Bylaw Mr. Clifford stated we received no applications for our November 10, 2022 Hearing so we will be using that meeting to visit the bylaw by which we operate. This has not been changed in a long time. This will be an open meeting with public comment. 7. Farwell to Board Member Jeanne K. Krieger Whereas, Jeanne Krieger has served the Zoning Board of Appeals and the Town of Lexington with distinction for the last ten years, and Whereas, the ZBA wishes to recognize the value of the information and experience Ms. Krieger provided based on her knowledge of Lexington and the zoning issues within the Town, and Whereas, Ms. Krieger has provided invaluable service to the applicants before the ZBA by applying her knowledge of the Town and its history to help them achieve their plans, Now, therefore, the ZBA acknowledges and thanks Ms. Krieger for her service to the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to thank Jeanne K. Krieger for her time served on the Board of Appeals (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board voted to adjourn (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes).