HomeMy WebLinkAbout2017-03-23-ZBA-minMinutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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: 68 Woburn Street
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans.
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 Historical Commission, 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 135-9.4 and Article 40 adopted
by Town Meeting on March 30, 2016, section 135-6.7.7 to allow an accessory
structure apartment.
The petitioner submitted a Request for Postponement to the April 13, 2017 Zoning
Board of Appeals meeting, dated March 23, 2017.
On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted
5-0 to grant the Request for Postponement to the April 13, 2017 Zoning Board of
Appeals Meeting.
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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: 98 East Street
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans.
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, Engineering
Department, Health Director, and Zoning Administrator.
The petitioner is requesting ONE (1) VARIANCE in accordance with the Zoning By -
Law (Chapter 135 of the Code of Lexington) section 135-4.1.1 to allow a shed to have
a side yard setback of 8 ft instead of the required 15 ft; and ONE (1) SPECIAL
PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of
Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non -conforming
structure.
The Chairwoman opened the hearing at 7:33 pm.
Mr. Michael Capachietti and Sean Kennedy of Meridian Associates presented the
petition. Due to a last minute plan change, the applicant would like to request a
continuance to the April 13, 2017 Zoning Board of Appeals meeting.
There was a discussion among the Board about allowing a further continuance rather
than asking the applicant to withdraw completely and reapply.
There were no comments from the audience.
On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board
voted 5-0 to grant a Request for Continuance to the April 13, 2017 Zoning Board of
Appeals meeting and extend the final action deadline for drafting and filing a decision
from May 10, 2017 to June 10, 2017.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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: 15-17 Bedford Street
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans. Also submitted was a
structural evaluation, dated December 14, 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, Conservation Administrator, Historic Districts
Commission, 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 135-9.4 and 135-8.4.2 to allow
modification to a non -conforming structure.
The Chairwoman opened the hearing at 7:41 pm.
Attorney Frederick Gilgun of the Law Firm of Nicholson, Sreter and Gilgun and Mr.
Matthew Thenen presented the petition. The home was built in the early 1700s and
was the Burr/Chitenden clock factory in the 1840s. Mr. Thenen received approval
from the Historic District Commission and also was issued a building permit. After
completing the project, the structure's height was 2.6 inches more than what was
originally proposed. During the demolition, they found they were missing 6 inches of
sill and the foundation was a pile of rocks. There was a foundation and sill repair and
Mr. Thenen applied for an additional permit for that work. They jacked up the house
and leveled the foundation and sill and it was 3 inches more than when they started.
They concluded that because of the deterioration, the house had settled more than 3
inches over the years and they are actually making the structure closer to its original
height. Therefore, the main front peak of the house is 3 inches more than it had been
at the start of the project, leaving a height discrepancy of 3 inches.
The Chairwoman, Ms. Jeanne K. Krieger, asked the applicant what is done with the
beam in the sill (it's not of much use but he has saved beams to re -use in the house).
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BOA Meeting March 23, 2017
A Board Member, Mr. David G. Williams, stated that his understanding was that the
clock factory was behind the house (the Town documents state that clocks were made
there).
An abutter residing at 13 Bedford Street stated he has no concerns about the project.
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 7:48 pm.
On a motion by Edward D. McCarthy 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 135-9.4 and 135-8.4.2 to allow
modification to a non -conforming structure.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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: 80 Reed Street
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans.
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 135-9.4 and 135-4.3.4 to allow a
non -building structure to have a 2 ft rear -yard setback instead of the required 9 ft 4 in
rear -yard setback.
The Chairwoman opened the hearing at 7:50 pm.
The applicant, Mr. Jonathan Silverstein, presented the petition. Mr. Silverstein
presented a scale copy of his plan to the Board. There is currently no shade in the
backyard. There used to be 2 large shade trees in the back yard but they died. The
property behind them is separated from their property by a retaining wall and looks
down on them. The lawn in the back yard kept dying because of a groundwater issue
so they installed a blue stone patio and a deck with a hot tub. They are now proposing
to construct a pergola in the back yard that would be painted the same color of the
house. Mr. Silverstein distributed photographs to the Board of the proposed pergola.
There is currently a 20 ft setback from the deck to the rear property line. In order to
have a decent size couch under the pergola, they need a structure that has columns
separated by 10 ft. The goal is to have an attractive, pleasant place to spend time with
their children. Under the zoning bylaw, structures like a pergola need to have a
setback equal to their height. The neighbor behind him had requested that the pergola
be setback 3 ft from the property line instead of the originally proposed 2 ft. He is
willing to oblige to that request. In regards to the standards requested for a Special
Permit, the structure would not change the character of the neighborhood. There are
many structures within the setbacks that are visible from his home. Mr. Silverstein
provided the Board with photographs of the neighboring properties. For example, 84
Reed Street and 86 Reed Street have sheds that are visible within the setbacks; and
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BOA Meeting March 23, 2017
11 Garfield Street has 7 structures on the property, including a shed, 2 single family
homes, a chicken shed and dog houses. 11 Garfield Street also has benefited by
variances and special permits. Overall, it is consistent in the neighborhood to have
structures in the setback. Another standard for a Special Permit is that the structure
can't block solar access but there is no definition of the term in the bylaws. Mr.
Silverstein found the meaning to be it won't block the sun to his neighbors. Mr.
Silverstein stated that the pergola isn't visible to the neighbors if they stand in their
yards so it will not block solar access. The pergola will not taller than the fence line
along the rear property line abutting 11 Garfield Street. The swingset they have in their
yard is taller than the pergola. The bylaw doesn't state anything about aesthetic
objections by neighbors. In regards to neighborhood impact, Mr. Silverstein has 4
letters of support from neighbors and 2 neighbors that have voiced their concern about
the project. The pergola will not be visible from the neighbor's yards. Mr. Silverstein
stated that it's unfair that the neighbor at 11 Garfield Street received multiple variances
to have a gazebo and structures in her yard and she is objecting to their request for a
Special Permit.
A Board Member, Mr. Ralph D. Clifford, asked the applicant for clarification on the
scaling of his drawing (each square is equal to 2 ft). Mr. Clifford asked what part of the
pergola the 2 ft is being measured from (The Zoning Administrator, David George
responded that the relief being requested is 2 ft from the property line to the
overhang).
A Board Member, Mr. David G. Williams, expressed concern with the many things that
are already in the applicant's backyard and putting a pergola there would only cause
more activity and noise to be closer to the neighbors and placing umbrellas would
serve the same purpose (Mr. Silverstein showed on the sketch where the patio is
located and where the couch would be. He has tried putting umbrellas in the yard but
it gets too windy. Moving the pergola would not decrease the amount of noise for the
neighbors. The fabric on the pergola will actually provide some noise dampening).
A Board Alternate, Mr. Nyles N. Barnert, asked for clarification on the height of the
columns of the pergola (the applicant responded they are 8 ft and will be sunk into the
blue stone which is 2 inches thick).
A Board Member, Mr. Edward D. McCarthy, asked the applicant what the height of the
fence is compared to the pergola (the applicant responded that the height is variable
as the fence on top of the retaining wall is 8.5 to 9 ft. The pergola would be 9 ft 4 in at
its tallest point).
An audience member, Mr. Bob Reasenberg of 16 Garfield Street, stated that his
concern is that the pergola will not provide shade in the afternoon because the sun will
go through the columns. The backyard is also currently cluttered but that is a small
objection. Mr. Reasenberg stated that a better alternative would be to put vegetation
up along the fence to provide shade.
An audience member, Mr. Charles Hornig of 75 Reed Street, stated that his house is
diagonal to the applicant's house. The neighborhood is very mixed and he believes
the project would meet the applicant's needs.
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BOA Meeting March 23, 2017
An audience member residing at 70 Reed Street stated that she strongly supports the
applicant's petition and believes the pergola would enhance the neighborhood.
There was a discussion among the Board to add conditions to the decision for the
pergola to have a 4 ft setback from the rear property line and a maximum height of 9 ft
4 in from grade.
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 8:35 pm.
On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board
voted 3-2 (with David G. Williams and Martha C. Wood in opposition) to grant a
SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of
Lexington) sections 135-9.4 and 135-4.3.4 to allow a non -building structure to have a 4
ft rear -yard setback instead of the required 9 ft 4 in rear -yard setback, and the
structure to have a maximum height of 9 ft 4 in from grade. A 4-1 vote was needed
and therefore the request was denied.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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: 60 Baker Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans. Also provided was 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 Engineering Department 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 135-9.4 and 135-8.4.2 to allow
modification to a non -conforming structure.
The Chairwoman opened the hearing at 8:41 pm.
Ms. Rebecca Harley, the owner, and Mr. Fred Gilgun, Jr., attorney for Ms. Harley,
presented the petition. Mr. Gilgun stated that the home currently encroaches into the
front yard setback. They are proposing to go further into the setback by replacing the
single car garage and putting a family room addition above. The motivation is to
increase the area between the front door and the living space. There are other non-
conforming structures in the area that have similar areas and the addition would
increase curb appeal. The applicants have spoken with neighbors and have not
received any negative comments. They have received 4 letters of support.
A Board Member, Mr. David G. Williams, stated that he is not in opposition to the plans
but the shed is in violation of the setbacks. If the structure is less than 5 ft from the
property line, then it needs to be fireproofed.
The Zoning Administrator, Mr. David George, stated that if the structure has been
there more than 10 years, it would technically not be a zoning violation (the applicant
responded it has been there more than 10 years).
A Board Member, Mr. Ralph D. Clifford, stated that when he looked at the house, the
entrance and the vestibule seemed to be extreme. There are also not a lot of houses
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in the neighborhood that seem to be that close to the street. Mr. Clifford asked the
applicant if it would be possible to have a side entry rather than a front entry (Mr.
Gilgun responded that the breezeway will be moving over to become a separate
recreation room. The architect had designed it so that they would also be able to put a
bench and shoes in that area and also be more balanced on the outside).
The Chairwoman, Ms. Jeanne K. Krieger, stated that there are some houses on that
street that are close to the front property line.
A Board Member, Mr. Williams, stated that the applicant will probably never use the
front door and will start only using the garage entrance (the architect advised them of
the same but one of their cars will be parked in the driveway and their son will not be
going out the garage to go to the bus stop).
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 8:51 pm.
On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board
voted 4-1 (with Ralph D. Clifford in opposition) to grant a SPECIAL PERMIT in
accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections
135-9.4 and 135-8.4.2 to allow modification to a non -conforming structure.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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: 165-201 Massachusetts Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans.
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, and Zoning Administrator.
The petitioner is requesting FIVE (5) SPECIAL PERMITS in accordance with section
135-9.4 of the Zoning By -Law (Chapter 135 of the Code of Lexington) and the
following sections: 1.) 135.3.1.1, Table 1 (Use and Development Standards Table),
Line J.1.02 to allow a fast food use; 2.) Table 1, Line J.1.03 to allow a take-out food
use during hours not otherwise allowed; 3.) 135-5.1.14 to allow 6 parking spaces
instead of the required 15 parking spaces; 4.) 135-5.2.4.1 and 135-5.2.10 to allow one
internally illuminated wall sign; and 5.) 135-5.2.10 to allow one sandwich board sign.
The petitioner submitted a Request for a Withdrawal without Prejudice for Three (3)
Special Permits in accordance with section 135-9.4 of the Zoning By -Law (Chapter
135 of the Code of Lexington) and the following sections: 1.) 135-5.1.14 to allow 6
parking spaces instead of the required 15 parking spaces; 2.) 135-5.2.4.1 and 135-
5.2.10 to allow one internally illuminated wall sign; and 3.) 135-5.2.10 to allow one
sandwich board sign.
On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted
5-0 to grant the Request for Withdrawal without Prejudice for Three (3) Special
Permits in accordance with section 135-9.4 of the Zoning By -Law (Chapter 135 of the
Code of Lexington) and the following sections: 1.) 135-5.1.14 to allow 6 parking
spaces instead of the required 15 parking spaces; 2.) 135-5.2.4.1 and 135-5.2.10 to
allow one internally illuminated wall sign; and 3.) 135-5.2.10 to allow one sandwich
board sign.
The petitioner is now requesting TWO (2) SPECIAL PERMITS in accordance with
section 135-9.4 of the Zoning By -Law (Chapter 135 of the Code of Lexington) and the
following sections: 1.) 135.3.1.1, Table 1 (Use and Development Standards Table),
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Line J.1.02 to allow a fast food use; and 2.) Table 1, Line J.1.03 to allow a take-out
food use during hours not otherwise allowed.
The Chairwoman opened the hearing at 8:55 pm.
The applicant, Mr. Jack Mahoney, presented the petition. He would like to open a new
bagel shop on Massachusetts Avenue. They decided to withdraw 3 of the special
permits and not have an internally illuminated wall sign or a sandwich board and they
did an additional parking evaluation, which showed their current parking to be
sufficient. There will be 20 seats in the restaurant. They will also install new
bathrooms that will be handicap accessible. They are proposing that they will be
opening earlier than allowed. The restaurant is also connected to the bike path and
close to a playground so at some point they will be requesting permission for more
access.
A Board Member, Ms. Martha C. Wood, asked the applicant if the back entrance is
raised (The applicant responded that you have to go down stairs to get into the back).
A Board Member, Mr. David G. Williams, asked the applicant if they would maintain
the parking lot in terms of cleaning up trash (The applicant responded they would be
sending employees out throughout the day to pick up trash and it's an interest of the
owner to reduce excess products in the area). Mr. Williams asked the applicant to
clarify what other food items they will be serving (bagel sandwiches, salads, fruit,
smoothies and wraps).
A Board Member Alternate, Mr. Nyles N. Barnert, asked the applicant what time in the
morning they will start baking (the applicant responded they will get there at 3:OOam
and will start baking at 4:30am). Mr. Barnert asked the Zoning Administrator, David
George, what the town bylaw is for business operations to begin baking (the bylaw
regulates hours of operation which starts at 7:OOam). Mr. Barnert asked the applicant
when deliveries will be made (the applicant responded 9 — 10 am and the deliveries
will be done through the rear door, not through the front entrance. They will be
widening the door in the back and putting it on a hydronic tailgate). Mr. George stated
that there is a bylaw to regulate the allowed hours of delivery under the noise bylaw.
There were no additional questions from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 9:11 pm.
On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted
5-0 to grant TWO (2) SPECIAL PERMITS in accordance with section 135-9.4 of the
Zoning By -Law (Chapter 135 of the Code of Lexington) and the following sections: 1.)
135.3.1.1, Table 1 (Use and Development Standards Table), Line J.1.02 to allow a fast
food use; 2.) Table 1, Line J.1.03 to allow a take-out food use during hours not
otherwise allowed with the following conditions:
The Special Permits will expire 3 years from the date the Decision is filed with
the Town Clerk.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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:
22 Hayes Lane - Minor Modification to a Variance granted September 5, 1972 for a
side yard setback of 10.8 ft. instead of the required 12 ft. in accordance with section
135-9.2.2.2 of the Zoning Bylaw (Chapter 135 of the Code of Lexington).
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, 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, Planning Office, and Zoning Administrator.
The petitioner is requesting a Minor Modification to a Variance granted September 5,
1972 for a side yard setback of 10.8 ft. instead of the required 12 ft. in accordance with
section 135-9.2.2.2 of the Zoning Bylaw (Chapter 135 of the Code of Lexington).
The applicant, Ms. Maryanne Lazarus, presented the petition along with her architect,
Mr. Chris Royer. She is the owner of 22 Hayes Lane and would like to raise the roof on
a portion of the house, which would require creating a pitched roof with an overhang;
however, the part where they want to put the pitched roof is currently non -conforming.
In a Variance decision from 1972, there was a condition for the roof to remain as -is,
with the wall setback 10.8 ft from the property line. She has supplied the Board with a
drawing from the architect showing the proposed overhang. Mr. Royer stated with the
gutter and soffit, it will be projecting into the setback, making it 9 ft 8 in from the
property line.
The Chairwoman, Ms. Jeanne K. Krieger, asked the Board if they can consider this a
minor modification. Mr. Ralph D. Clifford responded that he doesn't consider it a minor
modification because it was a variance that was granted rather than a special permit.
The Zoning Administrator, Mr. David George, stated that notice was given to the
abutters of this minor modification request, but it was not advertised in the newspaper.
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Mr. George asked the board if they could ask the architect to provide clarification on
what could be done on the plans so that the applicant can avoid coming back for a full
variance request (Mr. Royer stated that a diverter would have to be created on the
roof). Ms. Krieger asked the applicant if the wall in question would be retained (Mr.
Royer stated the wall would be retained and its height would be increased. They
would have to create a sort of gutter on top of the roof).
Ms. Krieger stated that the applicants will need to work within the 10.8 ft setback or
they will have to request a full variance to have the structure closer than the 10.8 ft
from the property line. The Board can't retroactively grant more relief).
An audience member, Mr. Tom Mitchell of 25 Fletcher Ave, stated he is a direct
abutter and is in favor of the applicant's proposal.
The applicant stated they have the option of moving the wall back from its original
setback but it would cost an extra $5,000.
A Board Member, Mr. David G. Williams, asked the applicant if the architect could
come up with a different solution (Mr. Royer responded that he can attempt a design
within the 10 ft 8 in setback so they won't have to come back in front of the Board.
The Chairwoman stated that in order to satisfy the requirements of a variance, they
need specific information.
Mr. Barnert stated that the applicant can attempt to do a design that would allow the
structure to be within the 10 ft 8 in and if it doesn't work, they can come back for a
variance. Ms. Lazarus asked the Board what they need to do to get the variance (Mr.
Clifford responded that the law allows us to amend the variance but they cannot move
closer to the property line or they would be making the zoning problem worse, which
would require a variance. Mr. Clifford stated that the roof can be designed so that the
pitch is in a different place.
Mr. Royer asked the Board if the minor modification was granted, would the applicant
still be able to come back for a variance (yes).
Ms. Lazarus asked the Board if she can proceed with the rest of the project (only if she
can work within the 10 ft 8 in setback).
Mr. George stated that the applicant wouldn't have to come back to the Board if the
structure was no more than 12 ft from the property line, which would be the by -right
scenario.
The applicant requested to continue the meeting until the April 13, 2017 Zoning Board
of Appeals meeting.
On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted
5-0 to grant the Request for Continuance to the April 13, 2017 Zoning Board of
Appeals meeting.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
March 23, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, Edward
D. McCarthy, David G. Williams 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) Minutes of Meetings from February 23, 2017 Hearing
On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted
5-0 to approve the minutes of February 23, 2017.
On a motion made and seconded, the meeting was adjourned.
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