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HomeMy WebLinkAbout2023-01-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom January 12, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 31 Simonds Road The petitioner is requesting 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. Also submitted was a Historical Commission Decision 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, Building Commissioner and the Historical Commission. Presenter: Brigitte Steines on behalf of Ruchi Hamal and Dinesh Thapa The Hearing was opened at 7:05 pm. Ms. Steines presented the petition. She stated the Historical Commission approved this proposal on December 14, 2022. The property is a non-conforming corner lot with many restrictions. The topography is challenging. The setbacks leave little room to stay within the setbacks. Ms. Steines then reviewed the proposal. The proposed addition encroaches on the front and rear setbacks. They will be reducing the nonconforming setback with this proposal. The grandparents visit often and the current house is too small to accommodate these visits. The garage is too small for modern sized cars and the driveway is steep. She showed pictures of houses in the neighborhood. This proposal is not substantially more detrimental to the neighborhood and does not affect traffic. It will increase impervious surface by only 304 square feet. A Board Member, Norman P. Cohen, stated they received abutter letters in support. He questioned if any of those letters came from abutting neighbors on Gleason and Simonds (They did speak with direct abutters and they were in support). Ruchi Hamal, owner of 31 Simonds Road, stated they went to the neighbors but didn’t get letters from the direct neighbors because they should be at this meeting. A Board Member, Martha C. Wood, questioned why there was two separate garage doors instead of one large door (They have not gotten that far in design). Ms. Wood stated her concern for the sides of the driveway being steep with small children and questioned how they would get from the garage into the backyard (They do not have access directly into the yard because it is buried into the ground). Ms. Wood stated it has steep walls, neighbors can’t walk up into the backyard (There would be landscape steps, it is not that steep). Chair, Ralph D. Clifford, stated the design submitted is what is approved, if there are any major changes it will require them to come back. It is worrisome that the design of the garage is not complete. An audience member, Thomas Consdine at 32 Simonds Road, stated they are in favor of the proposal. An audience member, Hardrian Millon at 70 Gleason Road, the current garage and driveway sit on a steep slope. He stated his concern for the retaining walls. He questioned the stairs to access the front door being integrated into the retaining wall. He stated his concern for the fall protection on the retaining wall. Ms. Steines stated they will have retaining walls and there will be fall protection. There are no plans to have any stairs in the concrete wall. The wall has to be setback its distance in height and the fence will be at the same location. There were no further questions or comments from the audience. Mr. Clifford stated this is Zoning but the development will also need a building permit and the structural and safety issues will be addressed in that process. Ms. Steines stated they are seeking relief to encroach in the front setback and encroach in the rear setback. There were no further questions from the Board. The hearing was closed at 7:38 pm (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Nyles N. Barnert and Norman P. Cohen – Yes). Ms. Wood stated the shape of the lot and how it sits in the neighborhood makes for an excellent proposal. 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 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). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom January 12, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 33 Bloomfield Street The petitioner is requesting SPECIAL PERMIT and VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-8.4.2, 135-9.2.2.2 and 4.1.1 Table 2 (schedule of dimensional controls to allow front yard setback of 22.7’ instead of required 30’ and allow a side yard setback of 6.2’ instead of the required 10’. The petitioner submitted the following information with the application: Nature and Justification, Topographical Plan, Plot Plan, Plans, Elevations and Gross Floor Area Calculations. Also submitted was a Certified As-Built Plot Plan, Certified Elevations and Certified As-Built Plot Plan Clarification. 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, Historical Commission Clerk, Select Board and Planning Department. Presenter: Deborah Kupka behalf of Anna Gayman and Michael McDonald The Hearing was opened at 7:40 pm. Ms. Kupka presented the petition. She stated this is a narrow and long lot which presented challenges. The homeowners are in desperate need of more space. The property is non- conforming in terms of lot width and front setback. She showed photos of the home. There is no protection over the front entry which is a problem that needs to be addressed. Ms. Kupka stated around the back there is a large grade change, which poses challenges. There is a rotted two- story porch that they want to take down and re-build an addition. She reviewed the floor plan. The Historical Commission was confused about the process of who should be heard first, their only comment was the gable over the entry was large. They will need to go back to the Historical Commission with a different design. A Board Member, James Osten, stated this is a large addition. 70 or 80 ft. He questioned if any trees would be removed (There might be some tree removal. There would still be a significant buffer). A Board Member, Nyles N. Barnert, stated they are going to the front about 6 or 7 feet, no other neighbors encroach that much. He questioned why they need a full-length porch (There are two entries with the creation of the mudroom. It’s a nice way to offer protection. There is no garage, this provides a protected way to get into the home). Alternate Member, David Williams, stated he would be against having the porch. He questioned why they wouldn’t put the mudroom where they have the dining room (It has to do with the second floor. They are trying to solve the much-needed problem of adding a bedroom). Mr. Williams stated he does not support this. It is one of the sweetest houses in Lexington. Chair, Ralph D. Clifford, questioned why they can’t build towards the back (The topography has made it very difficult, they would have to do a larger three-story structure). Mr. Clifford stated there was a steep slope on the left-hand side of the property too. The legal standards for a Variance are very different than for a Special Permit and there has not been anything that comes close to what would be a legally compelling hardship of why it has to be this way. He asked for an explanation of why the zoning is causing a compelling hardship that is not faced by every other narrow lot in the town of Lexington (Ms. Kupka stated it is the narrowness of the lot and it is non-conforming it lot width. The home itself it modest in its scale). Mr. Clifford stated the Zoning Board of Appeals wants to be last in terms of review because if there are any changes the applicant would have to re-advertise. An audience member, Karen Miel of 39 Bloomfield Road, stated she has no objections. There is a gully in between the two houses and there are trees growing in that space. The porch going all the way across would be in character with the neighborhood. An audience member, Sharon Lad of 40 Bloomfield Street stated her support. If this doesn’t happen the house will disappear. It is the smallest house on the street. There were no further comments or questions from the audience. Ms. Kupka stated the small property is not adequate for a family. The modest addition would solve a lot of problems and is keeping with the neighborhood. The site is a hardship. They have spent two years pursing options on the back of the property and that became a financial hardship as it was more likely to be more of a three-story addition. A Board Member, Norman P. Cohen, stated this house is out of character as the years have gone by. However, a Variance is different from Special Permit. Mr. Osten wondered if the topography of the lot could be a basis for a Variance. Mr. Clifford stated that would be the first requisite but that’s only one of three things. Then they have to find a hardship that is being caused by Zoning. Then they have to make sure there is no substantial detriment to the public good and no substantial derogation of the bylaw. The Board agreed they would not vote for this proposal as presented and recommend a continuance. Ms. Kupka agreed to a continuance to March 9, 2023. The Board stated they need a compelling hardship, something showing why they cannot build on the rear of the property and suggested they re-design the porch and mudroom. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to March 9, 2023 (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). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom January 12, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 171 Massachusetts Avenue The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4.2, 135-5.2.4(2) and 135-5.2.10 to allow a sandwich board sign. The petitioner submitted the following information with the application: Nature and Justification, photograph of the sign, Plot Plan Waiver Request, Sign Placement, Plot Plan and a letter from an abutter. 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, Engineering Department, Select Board and Planning Department. Applicant requested a postponement to the February 9, 2023 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant postponement to February 9, 2023 Hearing (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). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom January 12, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 317 Woburn Street The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development Standards) Line J.1.02 to allow fast food service in CRS zoning district. The petitioner submitted the following information with the application: Nature and Justification, plans, 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 Health Department. Presenter: Ramona Ciucurita on behalf of BIY FOODS LLC The Hearing was opened at 8:26 pm. Ms. Ciucurita presented the petition. She stated BIY Foods is a bakery café with strong European influences. They will have coffee, kombucha, gourmet sandwiches and desserts. The space was previously occupied by Dunkin. The plaza consists of two other food establishments and 7 other retail stores. The parking lot has 60 parking spaces and there will be 12 seats. This will add value to the community and people that develop their work activities in this part of town. A Board Member, James Osten, questioned the sign (They are keeping the same box that is there and got a permit for it). A Board Member, Nyles N. Barnert, questioned the hours of operation (630 am to 6 pm and they will be closed Sundays for now). Alternate Member, David Williams, questioned if the food is prepared on site or brought in (Everything is made from scratch on site). There were no questions or comments from the audience. There were no further questions or comments from the Board. Ms. Ciucurita stated it would benefit the Town and the community if they have their establishment there. The Hearing was closed at 8:38 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). The Board discussed and agreed on the following conditions; the Special Permit will expire in two years, the Special Permit will need to be posted, and hours of operation will be 7 days a week 6:30 am to 6:00 pm. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a waiver for a certified plot plan (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). 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 135-3.4 Table 1 (Permitted Uses and Development Standards) Line J.1.02 to allow fast food service in CRS zoning district (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). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom January 12, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk The Board voted to adjourn.