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HomeMy WebLinkAbout2023-04-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom April 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 9 Cliffe Avenue The petitioner is requesting a SPECIAL PERMIT 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, Floor Plans, Plot Plan, Topographic 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, Building Commissioner, the Planning Department, and Conservation Administrator. Presenter: William Erickson on behalf of Elizabeth Higgins The Hearing was opened at 7:04 pm Mr. Erickson presented the petition. He stated the lot is a triangular lot with two streets surrounding it. The by-right building area is just under 300 square feet. He explained the proposal and the floor plan. He stated they are only at about 62% of the allowable gross floor area. A Board Member, Nyles N. Barnert, quested the height difference between the current garage and the proposal (It is about 6 ft). Chair, Ralph D. Clifford, asked for clarification on the proposed driveway (The existing and proposed driveway were explained). Mr. Clifford stated he noticed there is a storm drain at the foot of the driveway, that will need to go before engineering (They will need to apply for a curb cut with engineering. There is also a tree and the intention is to miss the root to that tree). There were no further questions from the Board. An audience member, Michael Burns of 37 Cliffe Ave, stated his concern for site line where the proposed driveway is. There were no further questions or comments from the audience. Mr. Erickson stated this is a small house on a small lot. The Hearing was closed at 7:20 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – 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) 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, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom April 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 960 Massachusetts Avenue The petitioner is requesting VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) 135-9.2.2.2 to allow a setback of 10.1 ft instead of the required 12.0 ft. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Plot Plan, Elevations and Gross Floor Area Calculations. Also submitted was the Historical Commission Decision. 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, the Planning Department, and the Engineering Department. Presenter: Leah Greenwald on behalf of Akram Bhuiya The Hearing was opened at 7:22 pm Ms. Greenwald present the petition. She stated the area of the proposal is in a partial height basement area that has ground water problems. Mr. Bhuiya tried many ways to fix the problem and decided having an addition there was the best way to remediate the problem. The proposal is too close on the front right corner. She reviewed the floor plan. A Board Member, Nyles N. Barnert, questioned how the mistake was made (Mr. Bhuiya discussed the water issue and his attempt at remedying the issue. He stated he was unsure of the steps he needed to take). A Board Member, Martha C. Wood, questioned the water issue (Mr. Bhuiya stated the water is in the basement and he had to clean a lot). Chair, Ralph D. Clifford, asked if there is a French drain installed around the house (Yes, he hired a plumber). Mr. Clifford asked if there was any re-grading of the site (Mr. Bhuiya stated the windows are very close to the ground so he dug a ditch). Ms. Wood questioned if the water being drained away is going on his property and not their neighbor’s property (Mr. Bhuiya stated it drains on his property). An audience member, David Vendetti of 964 Massachusetts Ave, stated Mr. Bhuiya has constant water draining into the basement and made many attempts to stop it. There were no further questions or comments from the audience. A Board Member, Norman P. Cohen, stated the Board received a letter from an abutter stating other projects where there were no permits sought from the Town (Mr. Bhuiya stated this was not correct and reviewed the work that was done). Ms. Greenwald stated in 2016 when the front addition was they did everything they were supposed to. The Hearing was closed at 7:50 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Mr. Clifford stated the justification is problematic. He stated he doesn’t see why the extension of the house is necessary to overcome the water problem. The Board agreed with Mr. Clifford and agreed the Hearing should be re-opened. The Hearing was re-opened at 7:52 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board agreed they would not vote in favor of the proposal. Mr. Clifford suggested the applicant withdraw. Ms. Greenwald confirmed, if they could alter the addition so it was no longer non-conforming, they would no longer need a Variance. Mr. Clifford stated that is correct. Mr. Bhuiya agreed to withdraw. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom April 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 75 Fottler Road 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 135-6.7.6 to allow modification to non-conforming structure and allow an expanded accessory apartment. The petitioner submitted the following information with the application: Nature and Justification and Plans. Also submitted was the previously granted Special Permit and 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 Administrator, Building Commissioner and Economic Development. Presenter: Xinyu Zhan The Hearing was opened at 8:02 pm. Ms. Zhan presented the petition. She described the lot and the proposed plan. The purpose for this request is for more space to work from home and their daughter will be moving back home after graduation. Chair, Ralph D. Clifford, questioned where the cars park (The cars park on Cliffe Ave. They have parked that way for decades). Mr. Clifford questioned if this has been formally approved (They got a ticket and appealed it, the Captain waived the ticket. If there is any other formal process they are willing to do that). Zoning Administrator, Julie Krakauer Moore, stated they would need to apply to the Select Board. It would allow them to be exempt from the overnight parking ban. Mr. Clifford stated the Board would condition, if approved, that the parking issue be resolved. Mr. Clifford asked, in terms of construction, will they use Fottler Rd for access. He stated it wouldn’t be a problem but they would be expected to restore Fottler Rd back to the condition it is in now when they are done. Ms. Zhan stated they have spoken to the Planning Board who has given them requirements and they are close to get everything done. An audience member, Michael Burns of 37 Cliffe Avenue, stated he owns property titled 0 Fottler Avenue. He stated his concern for access during construction. He suggested the applicant access the property through Bow St. An audience member, Kerry and Brian Hughes of 66 Fottler Avenue, stated her concern for access during construction and parking. She stated it looks like they are building a house adjacent to a house and questioned the floor plan. She then stated her concern for the house becoming a rental. Ms. Zhan explained the floor plan. She stated if they were to us Bow St for access then they would have to remove many trees and get agreement from the properties on Bow St. Ms. Moore explained the rental bylaw for the Town of Lexington. She stated the construction access is controlled by the Planning Board. There were no further questions or comments from the audience. There were no further questions from the Board. Ms. Zhan stated they would like to stay at their home and the paper street was closed after they were living there. The non-conformity has minimal impact on anyone else. The Hearing was closed at 8:29 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Mr. Clifford proposed the conditions that before the issuance of a building permit the permit be resolved so there is available parking for two cars and when construction is done the applicant is required to restore Fottler to its current condition. The Board agreed to the conditions. 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 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 135-6.7.6 to allow modification to non- conforming structure and allow an expanded accessory apartment (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom April 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 397 Lowell Street The petitioner is requesting SPECIAL PERMIT RENEWAL 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 renew a special permit to allow fast food use in the CRS Zoning District. The petitioner submitted the following information with the application: Nature and Justification and Plans. Also submitted was the previously granted Special Permit and 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 Administrator, Building Commissioner and Economic Development. Presenter: Pantipa Songtachalert on behalf of Rice Cube The Hearing was opened at 8:32 pm. Ms. Songtachalert presented the petition. She stated they need to renew the permit. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 8:35 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Chair, Ralph D. Clifford, suggested the Board keep all the current conditions that are on the Special Permit now and condition for a five-year renewal. The Board agreed to the conditions. 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 waiver for a certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – 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 RENEWAL 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 renew a special permit to allow fast food use in the CRS Zoning District (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom April 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 1853 Massachusetts Avenue The petitioner is requesting SPECIAL PERMIT RENEWAL 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 item J.1.02 to renewal of a Special Permit to allow fast food use in the CB zoning district and allow continued use of a walk-up window. The petitioner submitted the following information with the application: Nature and Justification and Floor Plans. Also submitted was 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 and Building Commissioner. The Hearing was opened at 8:37 pm. The applicant was not present for the Hearing. The Board agreed they could continue without the applicant present. Chair, Ralph D. Clifford, questioned if there had been any complaints on the facility. The Zoning Administrator, Julie Krakauer Moore, stated she had not heard of any. There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 8:41 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Chair, Ralph D. Clifford, suggested the Board keep all the current conditions that are on the Special Permit now and condition for a five-year renewal. The Board agreed to the conditions. There were no further questions from the Board. 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, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – 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 RENEWAL 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 item J.1.02 to renewal of a Special Permit to allow fast food use in the CB zoning district and allow continued use of a walk-up window (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom April 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk The Board voted to adjourn.