Loading...
HomeMy WebLinkAbout2023-07-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 27, 2023 Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, James Osten and Associate Member David Williams Administrative Staff: Julie Krakauer Moore Address: 75 Fottler Ave The petitioner is requesting a SPECIAL PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.1.11(1) and 135-5.1.14 to allow a driveway to be closer to the lot line than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Elevations, Floor Plans, Gross Floor Area Calculations and a Letter from an Abutter. 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, the Building Commissioner, the Engineering Department and the Planning Department. The Hearing was opened at 7:03 pm Presenter: Xinyu Zhan Ms. Zhan presented the petition. She stated at the previous Hearing she was requested to resolve the parking issue permanently. They have looked at many ways to do this. They will tear down the old retaining wall, fill with soil and connect the parking with the lot line. The Board questioned the shed (The shed has to be removed). Chair, Ralph D. Clifford, asked if they are working with an engineer to make sure there are no water issues (According to the engineer that designed this the level will be the same as the street). Mr. Clifford questioned if there is a guard rail between the properties (Not necessary). A Board Member, James Osten, questioned how many cubic yards of fill will be brought in to make the driveway level (Not sure, the area is about 19 feet long, 18 feet wide and 5.8 feet high). The Zoning Administrator, Julie Krakauer Moore, stated the fill bylaw does not apply when it is in conjunction with a construction project. The homeowner will not need a Special Permit for the fill. There were no further questions from the Board. There were no questions or comments from the audience. Ms. Zhan stated the neighbor is very happy with this project and it is beneficial to the neighborhood. The Hearing was closed at 7:14 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and James Osten– 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 grant a SPECIAL PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.1.11(1) and 135-5.1.14 to allow a driveway to be closer to the lot line than otherwise allowed (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and James Osten– Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 27, 2023 Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, James Osten and Associate Member David Williams Administrative Staff: Julie Krakauer Moore Address: 13 Donald St The petitioner is requesting a SPECIAL PERMIT and a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 and 135-9.2.2.2 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow modification of a nonconforming structure and to allow a side yard setback to be less than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Topographical Map, Elevations, Floor Plans, 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. On July 26, 2023 the applicant submitted a request to withdraw without prejudice. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and James Osten– Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 27, 2023 Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, James Osten and Associate Member David Williams Administrative Staff: Julie Krakauer Moore Address: 12 Ledgelawn Ave The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-4.3.1(5) to allow a structure other than a building to be closer to the lot line than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Topographical Map, Plans, Photographs and a Plot Plan Waiver Request. 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, Conservation Director, the Building Commissioner, and the Engineering Department. The Hearing was opened at 7:17 pm Presenter: Garrick Young Mr. Young presented the petition. He stated they built a fence to allow for a safe outdoor space for their child and dog. They had a retaining wall built along with an addition. The fence was put up at the end of April and that was when they were informed by Zoning of the bylaws. They are asking for forgiveness and to allow the fence to remain. A Board Member, James Osten, questioned if there were any plans to maintain the land in the setback (Yes, planning on mulching those areas and there is a planting plan). A Board Member, David Williams, questioned how this happened without proper approval (The fence company thought it was okay and argued with the Zoning Department). Mr. Williams asked why the fence company doesn’t just move the fence (It is already installed and if they move it back they will lose space and cause more disruption). A Board Member, Norman P. Cohen, stated his concern for the landscaping blocking the site of the road (The tree on the corner will be about 9 feet from the edge of the curb). There were no further questions from the Board. There were no questions or comments from the audience. Mr. Young stated they hope the Board allows the fence to remain in place because it has a nice aesthetic and provides privacy. The Hearing was closed at 7:35 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). Chair, Ralph D. Clifford, stated the Board needs to be aware of 135-4.3.4 which specifically addresses Special Permits for fences. There is a provision that states the Board has to make a determination that the structure is compatible with the scale of the neighborhood and does not intrude on the solar access of any adjoining lot. Mr. Clifford stated when he went out for an inspection there was a fairly significant shadow being thrown by the fence onto the lot next door. There were no other privacy fences like this in the neighborhood. A Board Member, Norman P. Cohen, stated he is leaning towards voting yes. A Board Member, Martha C. Wood, stated the fence was fine. There were no further comments from the Board. The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to waive the requirement for a Certified Plot Pan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – No, Martha C. Wood – Yes and James Osten– Yes). The Board of appeals voted two (2) in favor, three (3) 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) 135-9.4 and 135-4.3.1(5) to allow a structure other than a building to be closer to the lot line than otherwise allowed. (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– Yes, David Williams – No, Martha C. Wood – Yes and James Osten– No). Therefore, the Special Permit was denied. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 27, 2023 Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, James Osten and Associate Member David Williams Administrative Staff: Julie Krakauer Moore The Board voted to adjourn.