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HomeMy WebLinkAbout2016-10-13-ZBA-minMinutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 13, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 12 Blossomcrest Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations and Floor Plans. Also received was an updated proposed plot plan, dated October 3, 2016 and a letter from the applicant, received October 11, 2016; and a letter of support, dated October 12, 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 Building Commissioner and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT 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 reconstruction of a non - conforming structure. This is a continuance from the September 8, 2016 meeting. The Chairwoman read the described information received from the petitioner. Mr. Piotr Galecki and Mrs. Teli Lenng - Galecki presented the application. At the last meeting, the Board was concerned that the garage was on the property line. The applicants amended the plan to move it 5 ft from the property line, which will be sufficient for them to maintain the garage. In response to the Board's question about the easement, the easement is there in case they need to access the property for maintenance of the garage. The Chairwoman, Ms. Jeanne K. Krieger asked what they are going to do with the driveway (they will move it 4 -5 ft towards the center of the property). A Board Member, Mr. David G. Williams, asked if the garage will need to be fireproofed (The Zoning Administrator, Mr. David George, stated that the building code has requirements but it's not relevant for the Board's decision). There were no further questions from the Board. There were no comments from the audience. BOA Meeting October 13, 2016 2 The Chairwoman closed the hearing at 7:35 pm. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5 -0 to grant a SPECIAL PERMIT 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 reconstruction of a non - conforming structure. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 13, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 4 Bond Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, 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, Economic Development, and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 - 4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 27.3 ft instead of the required 30 ft. The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. Mr. Matt Ayers with Aedi Construction and Ms. Stephanie Horowitz with AR Energy and Design, the architect for the project, presented the application. They are seeking approval for minor encroachment on the front yard setback. A Board Member, Mr. Ralph D. Clifford, asked the applicant if the steps were re- constructed with a higher rise, would they would they not encroach the setback (they would have to remove 2 risers to do that and it wouldn't resolve the issue. There is also a financial implication with having to purchase new material). Mr. Clifford asked why the steps weren't built outside of the setback (there is a curving setback which results in a pinch point and there are also mature trees they respected in the design placement; the design was partially an oversight; they are asking for approval to leave the steps as they are). A Board Member, Mr. David G. Williams, asked if they had a landscape architect do the re- design (the original plans did not show encroachment of the setback. They were not aware that the landscape architect revised the plans without respect to the setback. They built off that drawing without knowing it encroached the setback. It was brought to their attention by the surveyor when they did the as -built plot plan). BOA Meeting October 13, 2016 4 A Board Member, Mr. Edward D. McCarthy, asked how much of the steps encroaches the setback (it is a very minimal amount). There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:43 pm. On a motion by Edward D. McCarthy and seconded by Martha C. Wood, the Board voted 4 -1 (with Ralph D. Clifford in opposition) to grant a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 - 4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 27.3 ft instead of the required 30 ft. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 13, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 13 Bedford Street The petitioner submitted the following information with the application: Nature and Justification. 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. The petitioner is requesting a MODIFICATION TO A SPECIAL PERMIT, DATED JULY 24, 2014 in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -9.4 to remove the words "full bath" from condition #7. The Chairwoman opened the meeting at 7:44 pm by reading the legal notices and described information received from the petitioner. Mr. Matthew Thenen presented the application. The applicants have an exercise room above the detached garage and they would like to install a shower in that area. There is not a door to the stairwell. The living space above the garage was previously approved by the Board. They would like to strike one of the conditions on number 7 of the decision to remove the work "bath ". They are not interested in using it as an accessory apartment, they just want a shower for post- exercising. The building is not connected to main house. A Board Member, Mr. Edward D. McCarthy, stated that it's his understanding that the applicant already installed a bathroom (it was removed after speaking with the Zoning Administrator). Mr. McCarthy stated that it was clear in 2014 that they did not allow a full bath as part of the Special Permit. Mr. Thenen stated that there is no kitchen, so it wouldn't be rented out. It says on the deed that the room can't be used as an accessory apartment. At the last meeting, the condition was added at the last minute without a lot of discussion. Board Member, Mr. David G. Williams, and Chairwoman, Ms. Jeanne K. Krieger, stated that there was significant discussion about it. BOA Meeting October 13, 2016 Mr. Thenen stated that the owners have a two (2) bedroom house and with two (2) children, they would like to have an extra bathroom. Mr. Robert Gensure, the owner of the property, spoke. He stated that there was a bathroom in the home when he first looked at the house before purchasing. The room above the garage was originally intended as a home office but they would like to have a gym instead. The garage is not attached to the house and in the winter it would be more convenient to be able to take a shower in that space instead of having to bundle up to walk across the yard to the house. They are not intending to rent the space out. The space wouldn't be able to function as a stand -alone apartment, since there isn't a kitchen. A Board Member, Mr. McCarthy, stated that it's an attractive home but he has an issue with a bathroom in that location. Mr. Thenen stated that there is language on the deed about it not being used as an accessory apartment. There is nothing to stop him from using it as an AirBnB. A Board Member, Ms. Martha C. Wood, stated that the issue is with future homeowners using it as an accessory apartment. She is not in favor of having a bathroom in that room. A Board Member, Mr. McCarthy, asked what is going on with the Historic District Commission (Mr. Thenen stated that his idea is to keep the historic homes small and restore them. There are two (2) bedrooms and an extra exercise facility in the home). A Board Member, Mr. Williams, asked why he put in a full bath when they were told they weren't allowed to have one (the setup works a lot better for people to live in. The bathroom was removed and they are trying to go through the process to allow the owners to have a full bath). The property owner, Mrs. Sawako Gensure, stated that when her parents come to visit, they would like them to have the option of staying above the garage and not having to walk across the property to use the bathroom. There were no further questions from the Board. There were no further comments from the audience. The Chairwoman closed the meeting at 8:00 pm. On a motion by Martha C. Wood and seconded by Ralph C. Clifford, the Board voted 1 -4 (with Jeanne K. Krieger, David G. Williams, Martha C. Wood, and Ralph D. Clifford in opposition) to grant a MODIFICATION TO A SPECIAL PERMIT, DATED JULY 24, 2014 in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -9.4 to remove the words "full bath" from condition #7. A 4 -1 vote was needed to pass, the motion was denied. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room October 13, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert 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 approve the minutes of September 22, 2016. 2. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5 -0 on the following slate of officers for 2016 -2017: a) Chairperson — Jeanne K. Krieger b) Vice - Chairman — Ralph D. Clifford c) Clerk — Edward D. McCarthy 3. On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted staff person Jennifer Gingras as the Administrative Clerk. On a motion made and seconded the meeting was adjourned.