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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