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HomeMy WebLinkAbout2017-04-13-ZBA-minMinutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 13, 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 petitioner submitted a Request for Withdrawal without Prejudice, dated April 4, 2017. 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. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 13, 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 Withdrawal without Prejudice, dated April 6, 2017. On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board voted 5-0 to grant the Request for Withdrawal without Prejudice. 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 13, 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: 139 Wood Street The petitioner submitted the following information with the application: Nature and Justification, 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 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 7:33 pm. The applicant, Mr. Rajesh Janu, presented the petition. They had a conservation commission hearing and received approval. They are proposing to build a porch going around the side and front of the house. They are requesting they be allowed to have a wrap-around porch to connect the new and old structures. They have done everything to comply with the Conservation Commission already. A Board Member, Ms. Martha C. Wood, asked if the side of the house that is within the allowable setback is part of the original house (they have removed that part of the house right now because it's under construction but the door is there right now. If they are not allowed to do the wrap-around porch, they would have 2 separate porches). A Board Member, Mr. Edward D. McCarthy, asked how much of the 1880 house was preserved (About 40-50% of the skeleton was preserved). Mr. McCarthy asked how close the proposed porch will be to the property line (7 ft to the property line at the closest point). An audience member, Ms. Janice Kennedy of 135 Wood Street, spoke in favor of the petition. 3 BOA Meeting April 13, 2017 There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:41 pm. On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, 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. 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 13, 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: 22 Hayes Lane This is a continuation from the March 23, 2017 meeting. The petitioner submitted the following additional information: Plans dated April 6, 2017 and Plans dated April 12, 2017. 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). Ms. Marianne Lazarus and Mr. Chris Royer, her architect, presented the petition. Ms. Lazarus presented a study model of the existing house which shows the minor overhang. Ms. Lazarus bought the house approximately a year ago and has been working on making modifications to it. Ms. Lazarus presented additional plans drawn by Mr. Royer. The Chairman, Ms. Jeanne K. Krieger, asked for clarification as to whether there will be a change in height on the side of the house in question (Ms. Lazarus stated yes, there will be a change in height. In order to avoid having the overhang, they propose to do a sloped roof toward the backyard. Part of the project will be to raise the ceiling height in the rooms). A Board Member, Mr. Ralph D. Clifford, asked if the roof will be going straight up (yes, it will be 10 ft 8 in from the property line). The Zoning Administrator, Mr. David George, asked if the plans Ms. Lazarus is submitting at the hearing are the same plans that were submitted on April 6, 2017 (No, but the concept is the same, that whatever is added to the roof will not go over the setback line). Mr. George asked if Ms. Lazarus for clarification on which plans the Board will be making their decision on and that the final plans that the Building Commissioner would review are in substantial compliance with the plans she is submitting at this time (Ms. Lazarus stated that the plans aren't complete). Ms. Krieger stated that the plans don't show the 10.8 ft setback (Ms. Lazarus responded that the structure would not go back any further than the setback line and she understands that she is bound by the setback distance of 10.8 ft). Mr. George asked 5 BOA Meeting April 13, 2017 Ms. Lazarus to confirm that she is aware that she is also bound by her plans submitted in terms of the floor plans and elevations (yes). The Board agreed that the decision will be based on the marked up sketch plans conform substantially to the plot plan received with respect to the 10.8 ft setback. There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:59 pm. On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board voted 5-0 to grant the 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). 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 13, 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: 88 Reed Street The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans and Photographs, 5 letters of support from abutters and a petition with signatures from 19 abutters. Also received was a plan entitled "Attachment 'A', dated April 13, 2017. 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 ONE (1) VARIANCE in accordance with the Zoning By - Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2 and 135-4.3.5 to allow the height of a structure to be 34 ft 6 in instead of the allowable 30 ft 3 in; 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 8:00 pm. Mr. and Mrs. Daniel and Marissa Murray presented the petition. They are proposing to add a second story addition to their single story home. They are also proposing a small overhang over the front steps and a small 2ft bump out in front of house and also increase roof pitch because of a poor roof design resulting in mold and damage from ice. Same amount of open land, space between neighbors, no impact on conservation land, working with architect. Because the lot just has 53ft of frontage, they don't have the option to add onto the sides of their home. They can't do a rear addition because it would impact their neighbors. There was a discussion among the Board about the front entrance being wider. The applicants marked up a drawing as "Attachment `A"' showing a wider from stoop. A Board Member, Mr. Ralph D. Clifford stated that he has no issues with the front steps but he has an issue with the higher roof. He does not believe their reasoning justifies the granting of a variance. Mr. Murray stated that their lot is very flat and there 7 is a water table under their lot so they are reluctant to do any foundation work. Mr. Clifford stated that he also doesn't agree that a different type of roof will solve their problem as it could be a problem with the venting. Mrs. Murray stated that the architect told them that an increased pitch would solve the issues and they would need new vents anyway. Mr. Clifford asked if there is any substantial hardship because of the roof (they are trying to avoid significant cost by doing the steeper roof rather than do a rear addition on the home). The Chairwoman, Ms. Jeanne K. Krieger, stated that she is persuaded by their petition and has no issues granting the A Board Member, Mr. Ralph D. Clifford, stated that if this ever went to court, it would be overturned as there is no evidence of a water table and there isn't an evaluation by an architect or engineer. The reason that Town Meeting created the roof height regulation was to minimize the overall height impact on the Town. A Board Member, Mr. Edward D. McCarthy, asked what the applicant would do if they were held to the height requirement (they would look to expand the addition to the back of the house and it wouldn't be possible to have a usable attic space). Mr. McCarthy asked if he has had a water table study done (no, but he is constantly having sump pumps run. The lots next to him are higher so the water comes down into his lot). There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:23 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 VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2 and 135-4.3.5 to allow the height of a structure to be 34 ft 6 in instead of the allowable 30ft3in. 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 135-9.4 and 135-8.4.2 to allow modification to a non -conforming structure. 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 13, 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: 6 Hancock Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, 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, Historic Districts Commission, and Zoning Administrator. The petitioner is requesting THREE (3) SPECIAL PERMITS 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 the non -conforming principal structure, to allow modification to the non -conforming garage structure; and section 135-5.1.14 to allow modification to a non -conforming driveway. The Chairwoman opened the hearing at 8:25 pm. Mr. and Mrs. Mark and Deborah Fortin presented the petition. The house is 1200 sqft, not including the basement, which is an extra 200 sqft. The front porch is small and deteriorating so it needs to be replaced. They have a small driveway and 1 car garage that they are unable to drive to because they don't have a driveway that goes to it. They only have 1 bathroom upstairs so they would like to add a downstairs bathroom and increase the bedroom size upstairs, also enlarge downstairs kitchen. In order to do that, they want to add on the back of the house but keep the same width of their current house. Most of their neighbors are agreeable with a larger front porch. Lastly, they currently have a 1 car garage they can't access so they are proposing a 2 car garage. A Board Member, Mr. David G. Williams, asked for clarification on what they are doing with the garage (they will be tearing down the cinderblock garage and building a new garage). 9 The Zoning Administrator, Mr. David George, stated that the applicants are keeping the same foundation for the garage so it is a modification to a non -conforming structure. A Board Member, Mr. Ralph D. Clifford, asked if the garage was moved over a foot to the right if it would be made conforming (Mr. George stated that if it met the required 7.5ft setback and 15ft rear yard setback, it would be conforming). The applicant stated that the neighbors prefer more greenery so if they moved the garage, they would not have usable to space to have a yard. An audience member, Ms. Margaret Counts-Klebe of 8 Hancock Ave, stated that the roofline would be close to their lot and structure. They are also concerned with the increased density in the lot. A Board Member, Ms. Martha C. Wood, asked if the neighbors to the left of them had concerns (Ms. Fortin stated that she was only concerned with the driveway but was okay with in being pebbles instead of a paved driveway). A Board Member, Mr. Edward D. McCarthy, asked if the applicants have been before the Historic District Commission (Yes, they were there). The Chairman, Ms. Jeanne K. Krieger, asked if the applicants have been before the Conservation Commission (no, they are going forward on May 1, 2017). Ms. Krieger asked if the applicants were confident that their plans would be approved by the Conservation Commission (yes, they were under the impression that they would need to a sort of remediation such as hay bales). 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 5-0 to grant THREE (3) SPECIAL PERMITS 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 the non -conforming principal structure, to allow modification to the non- conforming garage structure; and section 135-5.1.14 to allow modification to a non- conforming driveway. 10 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 April 13, 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. 11