HomeMy WebLinkAbout2016-05-26-ZBA-min
BOA Meeting May 26, 2016
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 26, 2016
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, Ralph D. Clifford and Associate Member William P. Kennedy
Also present at the hearing was Alternate James A. Osten
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 17 Hartwell Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Site Plan, Elevations and Photographs. Also received were an Owner
Authorization, Plot Plan Waiver Request, and a letter from Timothy Lee with the
Lexington Design Advisory Committee dated May 26, 2016.
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.
TWO (2) SPECIAL PERMITS
The petitioner is requesting in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4-1 and 135-
5.2.10 to allow an internally illuminated wall sign which is larger than allowed by right.
The Chairwoman opened the hearing at 7:32 pm by reading the legal notice and
described information received from the petitioner.
Amy Lynch with Sign Design, Inc. presented the application. They are proposing to
install a lighted sign with the company’s logo on the exterior of its office building.
The Chairwoman, Ms. Jeanne K. Krieger asked if Ms. Lynch saw the comments from
the Design Advisory Committee (Yes. She is comfortable with accepting the 15%
reduction of the sign size as a condition).
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 7:36 pm.
On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board
voted 5-0 to APPROVE the TWO (2) SPECIAL PERMITSin accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4-1 and 135-
5.2.10 to allow an internally illuminated wall sign which is larger than allowed by right.
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 26, 2016
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, Ralph D. Clifford and Associate Member William P. Kennedy
Also present at the hearing was Alternate James A. Osten
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 121 Hartwell Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Site Plan, Elevations and Photographs. Also received was an Exterior
Sign Program and a letter from Timothy D. Lee with the Lexington Design Advisory
Committee, dated May 26, 2016.
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 Conservation Administrator and Zoning Administrator.
TWO (2) SPECIAL PERMITS
The petitioner is requesting in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4.1 and 135-
5.2.10 to allow an internally illuminated wall sign which is larger than allowed by right.
The Chairwoman opened the hearing at 7:36 pm by reading the legal notice and
described information received from the petitioner.
Mr. Doug Ruther and Mr. Edmund Lynd, architects for Agilent Technologies presented
the application. The sign they are proposing exceeds the specified height because the
logo measures 4’ 6”. They would also like the sign to be illuminated.
The Chairwoman, Ms. Jeanne K. Krieger asked if they’ve seen the comments from the
Design Advisory Committee (Yes. The sign was approved as presented).
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 7:40 pm.
On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted
TWO (2) SPECIAL PERMITS
5-0 to APPROVE the in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4-1 and 135-5.2.10 to
allow an internally illuminated wall sign which is larger than allowed by right.
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 26, 2016
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, Ralph D. Clifford and Associate Member William P. Kennedy
Also present at the hearing was Alternate James A. Osten
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 8 Bedford Street
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, Floor Plans, 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, Conservation Administrator, Historic Districts
Commission, and Zoning Administrator.
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 135-9.4 to allow
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:40 pm by reading the legal notice and
described information received from the petitioner.
Mr. John Farrington and Mr. Brian Sparrow presented the petition. Mr. Farrington
stated that the property is in the Historic Districts Commission. The Historic Districts
Commission approved the design they are proposing. Their neighbors have no
objection to the petition. They have reviewed the new FAR calculations and are still
under the allowing gross floor area. On the plot plan, it shows a small bump out of 160
sq. ft. The reason for the bump out is to make the kitchen more functional and so they
have better access to their backyard. There is also a proposed deck on the plan.
There are no issues with the left side of the house. The right side lot line on the rear
side, the front corner is 3.2 ft. If you scale off the deck, it will be 5.3 ft at the left corner
of the deck. They will still need a special permit to allow them to put the deck in. The
proportion of the structure to the house is positioned so it doesn’t visually affect the
house from the front.
The Chairwoman, Ms. Jeanne K. Krieger asked for questions from the Board.
A Board Member, Ms. Martha C. Wood asked if they plan to make any changes to the
driveway (No).
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016 4
A Board Member, Mr. Edward D. McCarthy asked if the neighbors were supportive of
the petition (yes).
A Board Member, Mr. William P. Kennedy asked how they will gain access to the
bulkhead (there will be a trap door on the deck and an egress window).
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 7:49 pm.
On a motion by Ralph D. Clifford and seconded by William P. Kennedy, the Board
SPECIAL PERMIT
voted 5-0 to APPROVE the in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow
modification to a non-conforming structure.
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 26, 2016
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, Ralph D. Clifford and Associate Member William P. Kennedy
Also present at the hearing was Alternate James A. Osten
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 7 Forest Street
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations and Floor Plans. At the time of the meeting, the
petitioner submitted a plot plan with the sections of the home to be altered highlighted
in orange and green.
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, Health Director, Historical Commission and Zoning
Administrator.
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 135-9.4 to allow
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:49 pm by reading the legal notice and
described information received from the petitioner.
Mr. Gaurau Chhabra and Mrs. Upasna Chhabra presented the petition. They are
requesting to build a staircase from the existing kitchen to the backyard. The staircase
will be about 24in into the setback, making it 8 ft from the lot line. This change will
allow them to have easier access to the outside of the kitchen.
The applicant presented a highlighted site plan to the Board which showed the
proposed stairs. The stairs will be completely in line with the existing structure.
The applicant, Mrs. Chhabra displayed a photo on her tablet of the back of the house
where they would like to put the stairs. She reiterated that the staircase will remain in
line with the existing nonconformity.
A Board Member, Mr. Edward D. McCarthy asked what the pit with wires running out
of it was for in the backyard (it’s for a groundwater recharge system. The water from
the gutters will irrigate their property. A new sprinkler system will be put in).
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016 6
The applicant, Mr. Chhabra said that they are trying to become more ecofriendly.
They are also putting in a sunroom that is conforming. The color of the house and the
architecture will remain the same.
A Board Member, Mr. Edward D. McCarthy asked what the concrete foundation was
for on the property (it’s the sunroom).
There were no additional questions from the Board.
There were no comments or questions from the audience.
The Chairwoman closed the hearing at 7:58 pm.
On a motion by Ralph D. Clifford and seconded by William P. Kennedy, the Board
SPECIAL PERMIT
voted 5-0 to APPROVE the in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow
modification to a non-conforming structure.
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 26, 2016
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, Ralph D. Clifford and Associate Member William P. Kennedy
Also present at the hearing was Alternate James A. Osten
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 4 Upland Road
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations and Floor Plans. Also submitted at the time of the
meeting was a signed petition in support of the project from the abutting neighbors.
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 Department, Historical Commission and
Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT AND MODIFICATION OF ZBA
DECISION DATED MAY 14, 2015 in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) sections 135-9.4, 135-4.4.2 and Article 41 adopted by
Town Meeting on March 30, 2016 to allow modification to a non-conforming structure
and for a building to exceed the maximum gross floor area requirement.
The Chairwoman opened the hearing at 7:59 pm by reading the legal notice and
described information received from the petitioner.
Mr. Steve Hurley of Janovsky/Hurley Architects, Inc. and the homeowner, Mr. Bill
McKinley presented the petition. They had presented a petition last year to the Zoning
Board of Appeals to demolish the existing garage and replace with a new garage and
pergola. Since that time they have decided to modify the plans and build a kitchen
addition where the pergola was previously going to be. In respect to the gross floor
area bylaw, the maximum they are allowed is 6,523 sq. ft. The modified structure
would give them a gross floor area of 7,229 sq. ft.The proposed garage will be the
same architectural style of the house and remain in line with the neighborhood
architecture. They also plan to put air conditioning in but it will meet the noise bylaws
of the town. They did receive signatures from the abutters of their property, approving
the project. Mr. McKinley presented the signed petition from the abutters showing 7
signatures from the neighbors living at the abutting properties.
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016 8
A Board Member, Mr. Edward D. McCarthy asked if it’s the same neighbors that
approved of the application before (One neighbor had an issue with the garage
location at the time of the first application and wanted it moved forward but the
Historical Commission didn’t approve of that change).
The Chairwoman, Ms. Jeanne K. Krieger stated that this is the first opportunity they
have had to look at the FAR and she is supportive of the application. It’s an historic
house that will be brought to modern standards. The changes proposed will be a
benefit to the house and neighborhood. She will vote in favor of this.
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 8:05 pm.
On a motion by Martha C. Wood and seconded by William P. Kennedy, the Board
SPECIAL PERMIT AND MODIFICATION OF ZBA
voted 5-0 to APPROVE the
DECISION DATED MAY 14, 2015
in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) sections 135-9.4, 135-4.4.2 and Article 41 adopted by
Town Meeting on March 30, 2016 to allow modification to a non-conforming structure
and for a building to exceed the maximum gross floor area requirement.
Submitted by: Jennifer Gingras, Administrative Clerk
BOA Meeting May 26, 2016
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 26, 2016
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, Ralph D. Clifford and Associate Member William P. Kennedy
Also present at the hearing was Alternate James A. Osten
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1. On a motion by Ralph D. Clifford and seconded by Martha C. Wood the Board
voted 5-0, to accept the meeting minutes of May 12, 2016.
Submitted by: Jennifer Gingras, Administrative Clerk