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HomeMy WebLinkAbout2016-01-28-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also present at the hearing was Associate Nyles N. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 37 Justin Street, Map 83, Lot 123 Continued from November 12, 2015. Special Permit The petitioner is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-5.9.4 to allow reconstruction and expansion of a nonconforming structure. Muhammed A. Rahman, owner of the property, presented the petition. The applicant seeks to demolish the existing nonconforming structure and reconstruct a larger, 4,000 sq. ft., single family dwelling. The applicant explained they had met with the Conservation Commission on January 25, 2016 and had received approval for the proposed project as presented to the Zoning Board of Appeals. Mr. Rahman presented the Board with a copy of the revised site plan dated December 17, 2015. A Board member asked if this was the same plan as they had seen before. (Yes it was, they had kept the same boundary. The revised site plan was for landscaping the Conservation Commission had asked to be done.) The Chairwoman closed the hearing at 7:35 pm. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney, the Board Special Permit voted 5-0 to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-5.9.4 to allow reconstruction and expansion of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 28, 2016 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also present at the hearing was Associate Nyles N. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 89 Bow Street, Map 20, Lot 87 The petitioner submitted the following information with the application: Nature and justification; plot plan; escrow agreement, letters of support from James Luker, Jr. of 6 Rindge Avenue, Leah Baigell of 91 Bow Street, Jennifer Jean Zacharis of 26 Rindge Avenue and Henry B. Kon of 91 Bow Street and a ZBA decision dated October 9, 2014. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Zoning Administrator. The petitioner is requesting a Modification of a Special Permitin accordance with section 135-9.4 to allow modification to condition 4 of the special permit decision dated October 9, 2014. The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. Developer Janice Brown presented the petition for the owners of the property, Qiao Liu and Liu Qing Wang. The applicant seeks to modify condition 4 of the October 9, 2014 decision by moving the HVAC equipment from the rear of the structure as conditioned, to the left side of the house adjacent to the left side of the yard lot line. A Board member asked for clarification as to where the air conditioner would be located and asked if it was one or two units. (There are 2 units) The Chairwoman if all other conditions would be the same. (Yes) There were no questions from the audience. BOA Meeting January 28, 2016 3 Leah Baigell of 91 Bow Street and on behalf of the abutters on the other side spoke in support of the petition. The Chairwoman closed the hearing at 9:28 pm. On a motion by Ralph D. Clifford and seconded by Leo P. McSweeney the Board voted 5-0 to approve a Modification of a Special Permitin accordance with section 135-9.4 to allow modification to condition 4 of the special permit decision dated October 9, 2014. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals BOA Meeting January 28, 2016 4 Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also present at the hearing was Associate Nyles N. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1 Opi Circle (Map 75, Lot 22D), 2 Opi Circle Map 75, Lot 22E), The petitioner submitted the following information with the application: Nature and justification; plot plan and elevations. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Conservation Administrator, Engineering, Health Director and the Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-9.4 and section 5.1.14 to allow the use of a common driveway to serve the following three lots: 1 Opi Circle, 2 Opi Circle and Portion of 2 Sorelle Place located in the Town of Lexington. The Chairwoman opened the hearing at 7:40 pm by reading the legal notices and described information received from the petitioner. Attorney Philip Lombardo Jr. presented the petition for Bruno Gallinelli, President and owner of Pino, LLC. The applicant seeks to allow a common driveway serving three lots. At the hearing the applicant presented to the Board a Drainage Analysis and a copy of the Conservation Commission Order of Conditions. A Board member asked for clarification as to what part of the driveway was to be eliminated. Another Board member asked about a brick house on the street. It was not part of his property. A Board member asked why Planning was not involved with this. (David George answered an ANR approval was not needed for this. BOA Meeting January 28, 2016 5 The Board and the applicant discussed would 2 Sorelle Place call Lexington or Burlington for emergencies. (They would probably call both towns.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:07 pm. On a motion by Leo P. McSweeney and seconded by Ralph D. Clifford, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 and section 5.1.14 to allow the use of a common driveway to serve the following three lots: 1 Opi Circle, 2 Opi Circle, and Portion of 2 Sorelle Place located in the Town of Lexington. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 28, 2016 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also present at the hearing was Associate Nyles N. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 24 Hancock Street, Map 56, Lot 22 The petitioner submitted the following information with the application: Nature and justification; plot plan; site plan; elevations; floor plans; photographs and applicants response to Zoning Administrator’s questions. Also received before the hearing were letters of support from Brendan and Julie Callahan of 22 Hancock Street and a letter of concern from Bernard and Marsha Lannquist of 27 Hancock Street. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator; Historic Districts Commission’s Clerk and the Zoning Administrator. The Chairwoman opened the hearing at 8:08 pm by reading the legal notices and described information received from the petitioner. 2 SPECIAL PERMITS The petitioner is requesting in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-9.4 and section 135-8.4.2 to allow an increase in nonconformity of a non conforming structure (porch) and section 135-6.7.8 to allow construction of an accessory apartment in an existing accessory structure. Kevin Sargis, owner of the property presented the petition with his architect, Steve Hurley. The applicant seeks to construct a front porch onto the existing nonconforming structure and to convert the accessory structure into an accessory apartment. They have met with the Historic District Commission informally and they were in favor of the proposed project.They will be meeting formally with them in February for approval and do not anticipate any problems. A Board member asked for clarification as to the special permits he was requesting. BOA Meeting January 28, 2016 7 David George, the Zoning Administrator, explained the relief requested. The Board member also asked if there was any living space in the basement. (No) A Board member asked if the topography was going to change for the second garage area on the barn. (No.) It was also asked what the square footage would be of the accessory apartment. (968 sq. ft.) A Board member commented that he would have been more comfortable if they had the HDC approval already. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:27 pm. On a motion by Ralph D. Clifford and seconded by Leo P. McSweeney, the Board 2 SPECIAL PERMITS voted 5-0 to grant in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 and section 135-8.4.2 to allow an increase in nonconformity of a non conforming structure (porch) and section 135- 6.7.8 to allow construction of an accessory apartment in an existing accessory structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 28, 2016 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Associate Nyles N. Barnert sat for Board member Edward D. McCarthy who excused himself from this hearing. Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1332 Massachusetts Avenue, Map 39, Lot 5 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations; floor plans; photographs and applicant’s and architect’s response to Zoning Administrator’s questions. Also received was a letter of opposition from Michelina Abele of 7 Tavern Lane. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator; Historic Districts Commission’s Clerk and the Zoning Administrator. The Chairwoman opened the hearing at 8:28 pm by reading the legal notices and described information received from the petitioner. Susan Bennett of the Historical Society and Architect Colin Smith presented the petition. VARIANCE The petitioner is requesting in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Schedule of Dimensional Controls and section 135-9.2.2.2 to allow a 7.3 ft. side yard setback instead of the required 30 ft. corner side yard setback. The petitioner is seeking to expand the existing structure with a 24 ft. by 32 ft. addition. The proposed addition will be located closest to the Tavern Lane. The addition will be used as an historic document storage area. They have met with the HDC informally and they are in going before them February 4, 2016 to get formal approval A Board Member asked why the addition isn’t the same look at the rest of the Tavern. Mr. Smith explained the addition was set up to look like a barn form. They were looking for contrast and didn’t want it to make it look like it is part of the original tavern. BOA Meeting January 28, 2016 9 In the past there has been a series of barn like structures attached to the Tavern and they were looking to make it blend in to the landscape. The Board member also asked about security of the building. Another Board member asked if they would be using the same chair lift in the new building. (Yes) A Board member was concerned with the color of the structure.They are working with the HDC on the color that will be picked. The Chairwoman asked if the hours of operation would be the same. (Yes, 12:00 – 4:00 pm) The Zoning Administrator asked the applicant giving the age and size of the structure is this the least disturbance of the existing floor plan. (Yes, important to have the old and new structure be connected because of the transferring and movement of the historic items.) He also asked if there was any other feasible place to put the addition on the site (No.) and if there are any budget constraints. (Yes) They are trying to make this structure as historically appropriate and financially feasible as possible. All funds for this building have been privately raised. There was a discussion on the design and the use of the large window on the side of the building. David Harris of 5A Elliot Road asked if there was any chance they could find another site for this building. Susan Bennett answered they have done extensive research for many years to no avail. Molly Bergmann of 10 Tavern Lane asked if you will be able to get into new building in a wheelchair. (There will be a small ramp within the structure.) She also asked how historic is the gambrel part of the structure that was added a few years ago. (It was designed to mimic historic additions.) Susan Thompson speaking on behalf of her mother, Abelle Michelina of 7 Tavern Lane, spoke of the impact the structure will be to Tavern Lane if the Lane were to be widen or a sidewalk put in. (Should not have any impact the setback is to the property line, not to the street.) Molly Bergmann of 10 Tavern Lane, David Harris of 5A Elliot Road spoke in opposition to the height of the structure. Sue Thompson said her mother is in support of the project but objects to where the structure is. A couple of the Board members also had a concern with the window on the side of the structure. BOA Meeting January 28, 2016 10 Susan Bennett spoke to the audience to say she would be very happy to work with the neighbors to ease their concerns. They want to be a good neighbor and have tried their very best to come up with a design that would not be offensive to any of the neighbors. They have already decreased the size of the structure quite considerable. The Chairwoman closed the hearing at 9:16 pm. On a motion by Leo P. McSweeney and seconded by Ralph D. Clifford, the Board VARIANCE voted 5-0 to approve a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Schedule of Dimensional Controls and section 135-9.2.2.2 to allow a 7.3 ft. side yard setback instead of the required 30 ft. corner side yard setback with the condition the applicant will be encouraged to work with a professional landscaper to soften the structure within the landscape. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 28, 2016 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also present at the hearing was Associate Nyles N. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 103 Bow Street, Map 20, Lot 84 The petitioner submitted the following information with the application: Nature and justification; plot plan and an email from Attorney Fenn answering the Zoning Administrator’s questions. . Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairwoman opened the hearing at 9:24 pm by reading the legal notices and described information received from the petitioner. Attorney Tom Fenn presented the petition for 95 Hayden LLC. Also present at the hearing was Kevin Hobbs and Kevin Casey of Columbia Construction. SPECIAL PERMIT The petitioner is requesting a in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4 to allow modifications to a nonconforming structure. The petitioner seeks to construct an addition onto the right side of the non-conforming house adjacent to the existing enclosed entry and construct a 7.1 ft. by 4.4 ft. roof overhang over the existing front steps. A Board member asked what the additional square footage of the addition will be. (313 square feet.) There were not questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:28 pm. BOA Meeting January 28, 2016 12 On a motion by Leo P. McSweeney and seconded by Ralph D. Clifford, the Board SPECIAL PERMIT voted of 5-0 to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4 to allow modifications to a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 28, 2016 13 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also present at the meeting was Associate Nyles N. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1. 34 Woburn Street – Request for determination for minor modifications for a special permit dated June 26, 2014 and July 10, 2014. Attorney John Farrington representing the owners of the property, Thomas and Ursula Berendsen, presented the request for determination. The structure was allowed to be constructed by a special permit granted July 10, 2014. That permit allowed reconstruction of a nonconforming structure. The application sought to demolish the 1,020 sq. ft. nonconforming structure and rebuild a new 3,116 sq. ft. single family home partially reconstructed within the area of the prior nonconformity. The setback dimensions for the proposed new structure were 16 feet from the front-yard lot line. However, upon review of the building permit plans the staff found the structure was constructed less than 16 ft. from the front yard lot line. The petitioner then petitioned the Board with this requested change. There were no questions from the Board or the audience. No one spoke in favor or in opposition. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0 to allow a minor modification to the special permit granted July 10, 2014 to allow a front yard setback of 12.4 ft. rather than the previously approved 16.4 ft. front yard setback. 2. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney the Board voted 4-0, Ralph Clifford abstained, to accept the meeting minutes of December 10, 2015. BOA Meeting January 28, 2016 14 3. A discussion followed on the proposed Planning Board Articles for the Annual Town Meeting. Some of these articles may be of interest to this Board since they will have an impact to the ZBA. On February 3, 2016 there is a Planning Board meeting which shall have a discussion on changing the maximum height of buildings on narrow lots; accessory apartments, taking away many of the restrictions; introduce gross floor area in order to reduce massing – 2 levels, more permissive and less restrictive and 2-family housing being allowed by right across the town. The Chairwoman, Jeanne Krieger, encouraged the Board to follow this and she will keep everyone up to date of the discussions taking place. A motion was made and seconded to adjourn the hearing. Submitted by: Dianne Cornaro, Administrative Clerk