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HomeMy WebLinkAbout2017-06-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 22, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 5 Pleasant Street The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, and Floor Plans. Also received were three (3) letters of support from abutters. 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, Historical Commission, and Zoning Administrator. The petitioner is requesting a VARIANCE AND AN EXTENSION OF A SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, Table 2 (Schedule of Dimensional Controls) and 135- 9.2.2.2 to allow a side yard setback of 12.4 ft. instead of the required 20 ft; and 135- 9.4.6 to allow an extension of a Special Permit granted March 25, 2016. The Chairwoman opened the hearing at 7:32 pm. The applicant, Mr. Jeffrey Millett, presented the petition. They are not changing the design that they had previously applied and received a Variance and Special Permit for on February 25, 2016. By the time they were able to start construction, the variance had expired. The shed is the same shed previously proposed. The property is large but narrow and putting the shed in another location would put it in a drainage swale. Due to the nature and topography, the floor of the shed will be 5 ft below the adjacent Pleasant Street and the peak is 5.9 ft above Bridle Path. The 3 abutters on Bridle Path are supportive of his project. A Board Member, Mr. Ralph D. Clifford, asked what the dotted line is around the property shown on the plot plan (the applicant said that is the lawn and it’s a heavily landscaped property). Mr. Clifford asked why the shed can’t be moved towards the center of the property (because of the shape of the property the center is a drainage swale. With the way the contour lines are curved, the middle of the yard is where the drainage runs thru the property). The applicant showed on the map where the water runs down the property and stated that the middle of the yard is the wettest part. Also, 1 the eaves of the structure on 7 Pleasant Street go over the property line, and the other properties are close to the property line. A Board Member, Mr. Edward D. McCarthy, asked the applicant about the comment from the building Commissioner about adding the height of the structure to the plot plan (The existing gable and ridge is to remain at a height of 21 ft 4 in. The addition is 19.7 ft above the Bridle Path lot line. There is a 30 ft grade change from the front of property to back). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:44 pm. On a motion by Edward D. McCarthy and seconded by Martha C. Wood, the Board voted 4-0 (Ralph D. Clifford abstained) to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, Table 2 (Schedule of Dimensional Controls) and 135-9.2.2.2 to allow a side yard setback of 12.4 ft. instead of the required 20 ft. On a motion by Martha C. Wood and seconded by David G. Williams, the Board voted 5-0 to grant AN EXTENSION OF A SPECIAL PERMIT granted on March 25, 2016, to expire on June 30, 2018. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 22, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 98 Reed Street The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was a letter of support 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 Building Commissioner and Zoning Administrator. The petitioner is requesting TWO (2) 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 modifications to a non-conforming principal structure and accessory structure. The Chairwoman opened the hearing at 7:46 pm. The applicants, Ms. Elizabeth Adams and Mr. Patrick Swann presented the petition. They are proposing to update the existing structure and replace the deteriorating garage. They are on a corner lot with Ash Street. They are moving the garage further back from the property line than originally so they are improving the non-conformity. The proposed location of the garage makes the garage door most directly accessible. If they would move the garage back 2 ft, it would be diagonal to the principal structure and they would have to completely change the location of the addition. Also, the impermeable driveway will be cement and they would like to keep it the same so they don’t lose more green space. In addition, adding more slope to the driveway would result in more water pulling from Ash Street. A Board Member, Mr. Edward D. McCarthy, asked if they could take a couple of feet from the covered walk (the applicants responded that the setback is 18 ft to the overhang and 20 ft to the wall of the garage). There were no further questions or comments from the Board. There were no questions from the audience. 3 The Chairwoman closed the hearing at 7:54 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 the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modifications to a non-conforming principal structure and accessory structure. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 22, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 3 Flintlock Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans and Photographs. Also received was a letter from an abutter in opposition. 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, and Zoning Administrator. The petitioner is requesting TWO (2) VARIANCES in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, Table 2 (Schedule of Dimensional Controls) and 135-9.2.2.2 to allow a 8.7 ft side yard setback instead of the required 15 ft and a rear yard setback of 6 ft instead of the required 15 ft. The petitioner submitted a Request for Withdrawal without Prejudice, dated June 20, 2017. On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to grant the Request for Withdrawal without Prejudice, dated June 20, 2017. 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 22, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1) Minutes of Meetings from June 8, 2017 Hearing On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 4-0 (Martha C. Wood abstained) to approve the minutes of June 8, 2017. On a motion made and seconded, the meeting was adjourned. 6