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HomeMy WebLinkAbout2023-03-23-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 23, 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 Address: 2 Cutler Farm Road The petitioner is requesting SPECIAL PERMIT and TWO (2) VARIANCES section(s) 135-9.4, 135-8.4.2, 135-9.2.2.2, 135-4.3.1 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow modification to non-conforming structure, allow a height of 37.1' instead of the allowed 26.8' and allow 3 stories instead of the allowed 2.5. 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: Fredrick Gilgun representing Krishna Allura and Shobitha Nellutla The Hearing was opened at 7:05 pm. Mr. Gilgun presented the petition. He stated the application has been reduced by one variance for the height in stories. Mr. Gilgun showed and reviewed the floor plan. He reviewed the lot and the history of the house. In 1993 the Board of Appeals granted a variance for a carport. The property is non-conforming in lot frontage, lot area and lot coverage. The proposal does not increase front yard encroachment and reduces the encroachment on the side yard by 2 feet. This proposal will create a non-conformity in height as it will be at 36 feet and it is only permitted 27 feet. As for the Variance the property is unique in that it has the three conditions outline in the bylaw; topography, soil condition and lot shape. As noted in the 1993 Variance the Board found those conditions affected this property. At the rear of the property there are wetlands with a no build zone that extends substantially on the rear portion of the lot. The lot is rather level but there is a significant change in grade running form the front to the rear of the property. The lot is trapezoidal in shape. These conditions mitigate in favor of the addition being pushed to the front right-hand corner of the property and being constructed vertically, as well as laterally. He discussed the right of way and stated it eliminates the primary issue of 135-4.3.5. The variance can be granted without derogating from the intent and purpose of the bylaw. The adverse effects of the project will not be more substantially detrimental to the neighborhood. The new home will conform to the character and style of the other homes in the neighborhood. The Special Permit will address the Towns need for diversified housing options by allowing the owners parents to age in place. Chair, Ralph D. Clifford, questioned the compelling hardship for the Variance (The owners would not be able to afford the opportunity to provide living space for their parents). Alternate Member, David Williams, reminded the applicant the path on the right of way is conservation land. There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:22 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Mr. Clifford stated he has qualms about the variance. It is a substantial house that is economically viable in its current shape. This Variance is not minor, it will add 8ft to the height of house. A Board Member, Nyles N. Barnert, stated due to the abandoned road next to the property he feels the proposal is not a big deal. Mr. Clifford again questioned the compelling hardship. Mr. Barnert stated there is no way to have this family live there. 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 withdrawal of a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow 3 stories instead of the allowed 2.5 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.3.1 to allow a height of 37.1' instead of the allowed 26.8' (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– Yes, James Osten – 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 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, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 23, 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 Address: 71 Woburn Street The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) 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, 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: Atul Jain The Hearing was opened at 7:28 pm. Mr. Jain presented the petition. He stated the house is a one-bedroom 1830’s home. He reviewed the proposed plan. This proposal was approved by the Historical Commission. Alternate Member, David Williams, stated his concern for the foundation and how it will support the proposed house. Building Commissioner, Jim Kelly, stated the proposed foundation plan shows there is very little foundation that will remain of the old house. The garage and the entire back are all new foundation and the porch will have new footings. Mr. Jain showed which portion of the structure will be staying. Chair, Ralph D. Clifford, stated its clear the owner will need to work with the building department to build a sound house. Mr. Williams asked the applicant to address the comments about the garage and driveway (This is a small lot so they need two driveways. He showed the location of the driveways). Mr. Clifford questioned if the existing driveway going to remain (yes). Mr. Clifford stated the existing driveway is wider than it needs to be, it goes up to the property line. He questioned if the driveway could be narrowed so there is a gap off the property line with grass or landscaping (yes). An audience member, David Gingold and Deborah Osber of 8 cottage St, stated their concerns. The proposal is to turn a very small historical house into the largest house that could be built on the lot. The neighborhood is full of houses that are small and historically affordable. The proposal loses the character and economic diversity. They stated their concern with the affect this has on neighboring houses. He read a letter from Aithan Shapira of 9 Cottage St. This letter stated concerns regarding the scale of the proposal, maintaining diversity by keeping smaller home sixes and light being block to their home due to the elevation. An audience member, Barclay Rockwood of 4 Cottage St, stated there are small one- and two- family houses on this street. He stated there was a house built recently at 19 cottage street and he discussed house prices. He stated the proposal diverges from the neighborhood. A Board Member, James Osten, questioned when the addition was added on to 9 Cottage Street. He stated in terms of a large bulky building blocking someone’s view, 9 Cottage St does that. Zoning Administrator, Julie Krakauer Moore, stated the addition was done in 2018. Mr. Williams questioned if Mr. Jain plans to live there. Mr. Jain stated he may move there, but he’s not sure. Mr. Jain stated he is trying to preserve a historical property. Mr. Osten questioned if the house is occupied at present and is occupancy permitted (yes). Mr. Jain stated they are trying to fix up the old property. Its one bedroom and not livable. The other option is to demolish the existing house. The Board discussed and agreed they would not vote for this proposal. Mr. Clifford suggested a continuance to redesign. The Board stated this is a small lot and the plan is overwhelming, it is too big. The Board also stated their concern for parking and the driveways. Mr. Jain stated it’s a small lot but fears that he will have to go for demolition. He stated he will try his best. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to April 27, 2023 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 23, 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 Address: 33 Hayden Avenue The petitioner is requesting SPECIAL PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.4.1, 135-5.2.8 and 135- 5.2.10 to allow modification of three (3) previously granted Special Permits dated September 26, 2019. 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: Brendan Donovan The Hearing was opened at 8:15 pm. Mr. Donovan presented the petition. He stated they were granted a Special Permit for signage in 2019. Since then Dicerna has been acquired by another company and they are trying to update signage and make it look sleeker. They are not modifying the size drastically. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 8:17 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – 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 waive the requirement for the certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – 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 MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.4.1, 135-5.2.8 and 135-5.2.10 to allow modification of three (3) previously granted Special Permits dated September 26, 2019 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 23, 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 Other Business: 1. Minutes from the from the February 9, 2023 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from December 12, 2023 Hearing and January 12, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 2. The Chair stated at this moment the authorization to continue Zoom meetings has not yet been adopted. The Board discussed the procedure for meeting hybrid. 3. The Chair stated they have requested the Planning Board and Town Meeting to give the Board Minor Modification powers and that was approved at Town Meeting. It will need to run through the Attorney General’s Office but going forward the Board will be able to have minor modifications without advertising. The Board voted to adjourn.