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HomeMy WebLinkAbout2016-04-28-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Associate Members F. David Wells and James Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 31/55 Allen Street The petitioner is requesting an APPEAL OF A BUILDING COMMISSIONER'S DECISION, DATED JANUARY 30, 2016 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3. The proponent requested in writing for more time to prepare responses to the Zoning Administrator’s comments. On a motion by Martha C. Wood and seconded by F. David Wells the Board voted 5-0 to postpone the hearing until May 12, 2016 with the condition that no other postponements be made. Submitted by: Jennifer Gingras, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Associate Members F. David Wells and James Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 11 Rockville Avenue The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, and Floor Plans. 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 Building Commissioner and Zoning Administrator. VARIANCE The petitioner is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.1 and 135-9.2.2.2 to allow a sideyard setback of 7ft. instead of the required 10ft. The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. The applicant, Ms. Kavita Ravi, presented the application. She and her husband, Mr. Deepak Das, are applying for a variance due to the winter of 2014 causing damage to their property due to snow and cold conditions. She explained that the mud room of their home is inadequate for family of four (4). She could not find a space to put winter gear such as salt, boots, etc. There is no other space to put the items. The back of their property slopes (they are located near the top of the hill and it slopes down). They have a small house on large piece of land. The gross square footage is 2900sqft. It is on a 10,000sqft piece of land. They have signatures from neighbors stating they do not have objections. They do not have a garage. A Board Member, Mr. F. David Wells, asked if it is correct that one of the neighbors has a 5ft setback from the side yard. (It’s on the opposite side of where the mud room extends). A Board Member, Mr. James Osten, stated that it mentions there’s a 7ft decline on the slope of the property. (On the drawing of the front of the house it shows the slope behind the house). Mr. Osten asked if the mudroom would be extended to the front of the house. (The mudroom would extend further to the right of the house). Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 3 A Board Member, Mr. David Williams, asked why they didn’t connect the side addition with the new addition in the back. (Because of the slope they were unable to do that. They would have to navigate the slope to have it in the back. If they go around the back they would block the light of the kitchen.) Mr. Williams asked how long the shed has been there (it was there when they bought the property). The Zoning Administrator, Mr. David George, stated that there is a topographic map in the packet and it shows the slope in the decline at the back of the property. A Board Member, Ms. Martha Wood, asked what the current square footage of the house is (2900sqft including the basement and they would add 290sqft). A Board Member, Mr. Osten, asked if it conforms to the new gross floor area dimension bylaw. (Mr. George answered that it will not be any taller than it is now.) The Chairwoman, Ms. Jeanne Krieger, stated that they will be well under the new gross floor area allowance. (The applicant agreed that the height is well under. It will be 16ft at the deepest point). An audience member, Mr. Robert Bradley of 15 Rockville Ave spoke. He is an adjacent neighbor. He has reviewed the plans and approves and recommends approval from the Board. There were no additional questions from the Board. There were no additional questions from the audience. On a motion by James Osten and seconded by Martha C. Wood, the Board voted 5-0 VARIANCE to grant the in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.1 and 135-9.2.2.2 to allow a sideyard setback of 7ft. instead of the required 10ft. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Associate Members F. David Wells and James Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 48 Bellflower Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Photographs. 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 Building Commissioner, Planning Director, and Zoning Administrator. The petitioner is requesting a VARIANCE AND SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.1, 135- 9.2.2.2, 135-8.4.2 and 135-9.4 to allow a side yard setback of 2.3ft instead of the required 7.5ft and modification to a non-conforming structure. The Chairwoman opened the hearing at 7:54 pm by reading the legal notices and described information received from the petitioner. Ms. Emily Donovan, daughter of the owner of the property, Margaret Bradley, presented the application. The applicant is 82 years old and has medical issues. There is a design challenge with the lot as it is only 5000sqft. They are applying for a variance and special permit to add a bathroom on the second floor and an upstairs suite in the case a caretaker had to ever live upstairs. The first floor bathroom would also be remodeled and made handicapped accessible so that if Ms. Bradley had to live on the first floor, she would be able to use the bathroom easily. They also want to put a garage to protect her while going outside to the car. They are faced with limited space on the property. There is no space on one side to put a garage and on the other side there is limited space. Several neighbors have expressed support and some have expressed concern that being too close to the neighboring property will affect the property value. Going up to 11ft at the eave will mitigate the concern significantly. It’s a large addition compared to the rest of the house but they made it as modest as possible so that Ms. Bradley could stay in the house and age in place. A Board Member, Mr. David Williams stated that he has a problem with the garage. The setback from the property line is too close to the neighboring lot and what they are Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 5 trying to accomplish could be done from the inside of the house. This will be there forever, long after her mother leaves the house. The driveway also seems close to the property line. (The driveway has been there since her mother bought the home in 1995). A Board Member, Mr. F. David Wells, stated that it is a much improved home visually but he would like to hear from the neighbor about how close his property would be with the addition. A Board Member, Ms. Martha Wood asked if they have support from the neighbors. (They only have a petition that they started on today.) The Chairwoman, Ms. Jeanne Krieger stated that she has concerns about the 2.3 setback. She agrees that this a very nice structure but she can’t support a 2.3 setback on the side-yard and would have to see a different design. A Board Member, Ms. Wood, stated that she has never voted for something that has a setback of less than 5 feet. A Board Member, Mr. James Osten, asked what the minimum width for the garage could be (they have already gone to the minimum possible considering the age of the person getting in and out of the car). Mr. Osten asked if there was any possibility of changing any other part of the house. (As a design team they have taken into consideration all the factors, the needs of the client and neighborhood). A Board Member, Mr. Wells asked if they would be able to get rid of the closet so that they could move the garage more to the left. He understands the concern that a setback of 2.3ft is too small. (It changes the dynamic of what they are trying to do on nd the 2 floor based on the needs of the client). A Board Member, Mr. Williams, stated that he has no issues with what they are doing in the front yard but he thinks that a setback of 2.3ft on the side yard is too small. The Chairwoman, Ms. Krieger suggested a continuance of the hearing with a new design. An audience member, Mr. Ernest Carabello of 52 Bellflower Street, spoke. He stated that he really wants a house to accommodate Ms. Bradley but he has concerns with what will happen with his property if it’s approved. He will not have any view from his window on the side facing the addition. Their home is an investment for them and after speaking with a realtor they were told they may end up with a material difference and they may have difficulty receiving offers based on the view. He does have some recommendations on where to put a garage and will work with the applicant in whatever way he can. A Board Member, Ms. Wood, asked how Mr. Carabello would feel with a 5ft. setback (he hasn’t thought about it). Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 6 The applicant stated that putting a garage in the backyard would cause additional hardscape since they would have to make a turnaround in the backyard and there would be a significant increase in paving. They also have concerns of the vehicular aspect for an elderly person to get out of the driveway. The Chairwoman, Ms. Krieger, stated that she is less concerned about the hardscape compared to the setback. A Board Member, Mr. Williams, stated there was a similar situation from a few years ago which was denied. The solution was a temporary carport being installed with a condition that when the house was sold the carport be taken down. He can agree to the interior work being done but not on the garage. The Board Members had a conversation about a continuance being down with new plans proposed. A Board Member, Ms. Wood, stated that she would like to see what other neighboring properties have to say in writing. The Chairwoman closed the hearing at 8:25 PM. On a motion by Martha C. Wood and seconded by F. David Wells, the Board voted 5-0 to grant to continue the hearing until June 9, 2016 with the condition that new plans would be proposed. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Associate Members F. David Wells and James Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 311 Marrett Road The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, and Floor Plans. 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 Building Commissioner and Zoning Administrator. The petitioner is requesting ONE (1) VARIANCE AND TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2: Schedule of Dimensional Standards, 135-9.2.2.2, 135-8.2.1, 135-8.3 to allow a rear yard setback of 2.5ft. instead of the required 30ft., modification of a non-conforming structure, and change or expansion of a non-conforming use. The Chairwoman opened the hearing at 8:25 pm by reading the legal notices and described information received from the petitioner. Mr. Alan Rigley, an attorney at 114 Waltham Street in Lexington, presented the application on behalf of the applicant, Mr. Richard Michelson. The applicant had previously appeared before the Board in 2011 to request the allowance of a storage area. The applicant, Mr. Michelson, needs a variance to allow a 2 ft. rear setback. There is a retaining wall in the back of the property. The proposed building would be 10ft high in the rear of the building and would be used for the storage of merchandise. By granting the request, they will allow the applicant to be able to store additional merchandise. It will not be any more substantially detrimental than its current use. The variance requires particular attention to the topography of the plan. The land has been there since 1919 and there is not much space to put the addition. The Chairwoman, Ms. Jeanne Krieger, asked if they have any comments from the owner of the property located behind them. (Mr. Michelson has agreed to replace the stockade fence behind the property. Once it’s replaced one would not be able to see the addition.) Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 8 A Board Member, Mr. David Williams, stated that there would be a problem if there wasn’t a grade difference. The Chairwoman, Ms. Krieger, asked if they would be able to make it a condition to replace the stockade fence. (Yes, they can make that a condition). A Board Member, Mr. James Osten, stated that he notices that the structure is presently two (2) stories tall. (The addition will only be one (1) story. The roof height will only be 11ft.) Mr. Osten asked if the existing garage door will continued to be used. (Yes) An audience member, Ms. Ada Wong of 309 Marrett Rd, spoke. She has no issues with the project. There were no further questions from the audience. There were no further comments from the Board. The Chairwoman closed the hearing at 8:35 pm. On a motion by F. David Wells and seconded by James Osten, the Board voted 5-0 to grant ONE (1) VARIANCE AND TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2: Schedule of Dimensional Standards, 135-9.2.2.2, 135-8.2.1, 135-8.3 to allow a rear yard setback of 2.5ft. instead of the required 30ft., modification of a non-conforming structure, and change or expansion of a non-conforming use with the following condition: Mr. Michelson will replace the stockade fence behind the property. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting April 28, 2016 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Associate Members F. David Wells and James Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1. On a motion by F. David Wells and seconded by James Osten the Board voted 5-0, to accept the meeting minutes of April 14, 2016. Submitted by: Jennifer Gingras, Administrative Clerk