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HomeMy WebLinkAbout2024-03-28-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 28, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Administrative Clerk Address: 12 Cedar Street 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 135-8.4.2 to allow modification to a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, Existing and Proposed Elevations, Average Natural Grade Worksheet, Gross Floor Area Calculations, GSF Take Off Delineation, and an Abutter Support Letter. 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 Director, and Zoning Administrator. Revised garage plan and plot plan were submitted for this hearing. The Hearing was opened at previous meeting on February 22, 2024. Petitioner: Katy Finkinzeller Katy Finkinzeller presented the petition. She described her background as registered architect and the home owner of this property. Ms. Finkinzeller outlined how she has changed the design of her garage proposal and has also gone back in front of the Conservation Commission. She described that the Chairs of both Boards, along with the Zoning Administrator and Conservation Director had a joint meeting to discuss this proposal and she hopes she has met all concerns with her revised plans. Ms. Finkinzeller shared the plot plans of the existing and proposed garage, highlighting the preexisting non-conforming nature of the lot and home. She discussed the family’s need for a larger garage for storage while still keeping it a one-car garage. The plan attempts to stay as far away from the 25ft wetland boundary as possible to be in compliance with Conservation Commission requests. The proposed garage’s north eastern corner is the main area of zoning concern as the roof overhang will be 8.7 ft from the property line. She emphasized how separation between property for the purpose of fire safety was raised during the last meeting. She highlighted how with this proposal there will still be 26 ft between her garage and the neighbor’s home. Even if the neighbor built a home as close to their property line as allowed, there would still be 20.4 ft between the dwellings. Her desire is to keep the existing driveway in order to have a straight shot to the garage and not need to turn a car to enter. An additional comment of concern she received was in regards to Estimated Seasonal High Ground Water Table (ESHGWT) in regards to section 135-4.5 of the Zoning Bylaw, which states the vertical distance between a finished basement floor shall not be less than 2 ft above ESHGWT. She shared the cross section of the garage plan and highlighted the distance between ESHGWT and the basement floor will be approximately 3 ft and described the basement as a glorified crawl space. Board Chair, Ralph D. Clifford, stated the main reason for the meeting with the Conservation Commission Chair, Conservation Director, and Zoning Administrator was to ensure they were not continuing to send applicant back and forth between Boards. They wanted to find a clear path to eliminate any unnecessary back and forth for the Applicant. He questioned if it is possible to build the garage fully within the setback regulations and also outside of the 25 Ft wetland boundary line. (It is hard to do so due to turning radius requirements that a car has. The turn radius is too large if the garage was placed there that the driveway would need to be extended closer to the lot line. This design just touches the 25ft wetland boundary line and Conservation Commission told them to not get any closer which they have not with this proposal.) Mr. Clifford questioned if the rainwater/runoff collection plans have been peer reviewed. (Yes, the Conservation Department and Engineering Department were involved. Test pits were dug. The hope was to keep the collection tank outside of the 25ft boundary but ledge was hit during the first digging so it had to be moved elsewhere. This collection tank will capture all rainwater from impervious surfaces from the existing dwelling and the proposed additions. No further questions from Board. No comments or questions from audience Ms. Finkinzeller summarized she is seeking to be granted approval to have a reduced side yard setback from 12 ft to 8.7 ft measured from the roof overhang. The revised proposal has addressed concerns about the Estimated Seasonal High Ground Water. She emphasized the difficulty the lot provides due to lack of frontage and lots of ledge on the property making it challenging to build on much of the property. She has made a good effort to honor the code and paid attention to the details like fire separation because is safety is essential. Abutter support is also evident from letters. Ms. Finkinzeller requested kindly that the Board consider the request and find it within reason to grant this Special Permit. She requested a straw poll. A Straw Poll was taken. No Member indicated an intent to vote No. The Applicant agreed to move forward with an official vote. Hearing was closed at 7:21PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Mr. Clifford recommended adding a condition that if granted, the Special Permit is contingent on Conservation Commission approval. No further discussion from Board. The Board of appeals voted five (5) in favor, zero (0) 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 135-8.4.2 to allow modification to a non-conforming structure with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 28, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Administrative Clerk Address: 48 Forest Street 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 135-8.4.2 to allow modification of a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, Elevations, Photographs, Gross Floor Area Calculations, Cover Letter to ZBA dated January 18, 2024, Previously Approved Building Plans, Deck Plan, and Letters 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, Planning Department, and Zoning Administrator. Revised deck plans and plot were submitted for this hearing. The hearing was opened at a previous meeting on February 22, 2024. Petitioner: Deepak Dalvi and Netrali Dalvi Deepak Dalvi presented the petition. He began by providing an overview of the last hearing on February 22, 2024. He described how after that meeting, he met with the Building Commissioner and the Zoning Administrator along with his contractor and architect to discuss the possibilities for the project, taking into mind the comments and concerns that the Board previously shared. Mr. Dalvi shared an updated plot plan that altered the way the bomb shelter was previously illustrated, emphasizing that the field stone wall is a part of the existing structure of the bomb shelter. He shared revised plans with a smaller deck and plantings on the top edge of the field stone wall and along the ground on the edge of the field stone wall. He mentioned there were concerns about the deck previously being constructed without a building permit, so a building permit has now been submitted for these revised plans to ensure they are following all of the proper approval processes. Mr. Dalvi shared photographs of the property from the front and rear with mockups of the proposed deck included. He and Netrali Dalvi emphasized the Japanese maple tree that they want to preserve. He shared the safety concerns they have with the wall, and how the deck offers safe ingress and egress to his family and aging parents. Board Chair, Ralph D. Clifford, questioned the purpose and intended use of the deck. (Exiting and entering, and easier access for elders.) Mr. Clifford questioned why the deck cannot be made smaller to fit inside the setback while allowing ingress and egress if that is the only intended use. Mr. Clifford requested that the Applicant disclose if there are any other proposed uses of the deck. (It is larger in order to fit and preserve the tree and to also allow ventilation pipes to be circumvented properly and safely) Mr. Clifford questioned if the existing pipes previously mentioned extend further than the 7 ft setback. (Yes) No further questions from Board. Lucia Berger, 50 Forest Street, stated her support of the deck and emphasized that as the property owner directly affected by this proposal, she does not feel like she would be any more cramped or crowded if this deck was built. No further comments or questions from audience Mr. Dalvi summarized that the revisions provided have considered all concerns previously raised. The deck proposal is smaller and reasonable while providing additional safety to their elder parents. He requested a straw poll. A Straw Poll was taken. No Member indicated an intent to vote No. The Applicant agreed to move forward with an official vote. Hearing was closed at 7:36 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) No further discussion from Board. The Board of appeals voted five (5) in favor, zero (0) 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 135-8.4.2 to allow modification of a non-conforming structure. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 28, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Administrative Clerk Address: 35 Moon Hill Road 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 135-6.7.6 to allow an expanded accessory apartment. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Gross Floor Area Calculations, Photographs, Parking Plan, Certified Plot Plan Waiver Request and an Abutter Support Letter. 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 Hearing was opened at 7:38 PM. Petitioner: Barbara Katzenberg Barbara Katzenberg presented on behalf of Susanna Remold. She shared her appreciation for the town staff for their assistance throughout this process. She introduced two additional presenters, Ben Ives, architect for the project, and Susanna Remold, property owner. She outlined the proposed project that is to expand a previously approved accessory apartment, highlighting that the proposed GFA of the expanded accessory apartment meets all regulations. She believes this unit is in keeping with the spirit of the Town’s rules for expanded accessory apartments. She shared photographs of the interior and exterior of the home and highlighted the proposed changes to the floor plan. The mudroom and living room seen in the existing main home would be added to apartment meaning the major change is what door is used to separate the two units. Ben Ives spoke to his calculations of square footage for the property and emphasized his willingness to answer any questions regarding these calculations or the layout of the dwelling. Ms. Katzenberg shared the parking plan for both units and also spoke to a Deed recorded in 1952 which established an easement for 33 and 35 Moon Hill Road to share a driveway. She emphasized that all criteria outlined by the Town regarding expanded accessory apartments have been met. Board Member, Nyles N. Barnert, questioned how one enters the accessory apartment when it is snowing. (We shovel the steps mainly and the tree canopy is heavy which blocks much of the snow from accumulating on the driveway.) Board Member, Martha C. Wood, questioned why this expanded accessory apartment is needed. (Dr. Susanna Remold moved to Lexington in 2019 for a new job but shorty after experienced a traumatic injury making her unable to work. This expanded accessory apartment allows her and her family to stay in the home while allowing them to rent the main house for financial stability.) Board Member, James A. Osten, questioned which unit utilizes the one-car garage. (This is not finalized, it depends on the needs of the renters.) Mr. Osten questioned what could be done if/when electric vehicles are required and electric vehicle chargers would be needed. (The driveway is L-shaped, with one side attached to main house and other side attached to accessory apartment so outlets could be placed on the ends of both sides of the dwelling for cars for either unit to be charged. A past injury has made the home owner unable to drive, parking is mainly for visitors to the property or renters of the main part of the home.) Board Member, Norman P. Cohen, questioned if there will be any change to the shared driveway. (No, it was deeded in 1952 and both houses have their own spots but in order to enter into both you must cross over the lot line of the two properties. This expanded accessory apartment will not affect the driveway.) Board Chair, Ralph D. Clifford, questioned how long this has been an accessory apartment. (Since 2019.) No further questions from Board. No comments or questions from audience. Ms. Katzenberg summarized that they are not proposing changes to the physical attributes of the home. If granted, the changes will not affect the neighborhood or town in any way. She emphasized that she would like to see her neighbor stay in her home in Lexington comfortably. She requested a straw poll. A Straw Poll was taken. No Member indicated an intent to vote No. The Applicant agreed to move forward with an official vote. Hearing was closed at 7:56 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) No further discussion from Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the plot plan requirement. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) The Board of appeals voted five (5) in favor, zero (0) 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 135-6.7.6 to allow an expanded accessory apartment. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 28, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Administrative Clerk Address: 33 Marrett Road The petitioner is requesting a SPECIAL PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-5.2.10 to allow modification to previously granted Special Permit dated January 9, 2023. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Photographs, Sign Plan, Approval Letter from the Executive Director of the Scottish Rite Masonic Museum & Library, and Proposed Location GPS Coordinates. 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 Director, and Zoning Administrator The Hearing was opened at 7:59PM. Petitioner: Carolyn Nutt Carolyn Nutt presented on behalf of the Scottish Rite Masonic Museum and Library (SRMML) and the Daughters of the American Revolution (DAR). Ms. Nutt described her request for a Special Permit Modification in order to add an additional sign that would serve as a historical marker. She shared measurements of the proposed sign along with photographs of the mockup. A plot plan was shared and the location of the preexisting cherry tree and SRMML standing sign were outlined. The proposed sign location is 10 ft away from the tree and 46.6 ft away from the preexisting signage. Ms. Nutt emphasized that the sign was design by a reputable designer and manufacturer who has ample experience. She discussed her previous meeting with the Historic Districts Commission which provided her with a liaison who they met in the field with a mockup of the sign in order to find and mark a proper proposed location. This location was marked with a stake in the ground as seen in photographs shared in the presentation. The GPS coordinates were also shared. Ms. Nutt also clarified that additional signage was removed from the bottom of the SRMML sign after it was requested by HDC at their meeting. No questions from Board. Rich Elliot, Executive Director of the Scottish Rite Masonic Museum and Library, described how their Board of Directors was approached by the DAR last year and unanimously approved this sign proposal in January 2024. They fully support this effort and the Historical Marker Sign and its proposed location. No further comments or questions from audience Ms. Nutt summarized that it was great experience working with the HDC and have enjoyed collaborating with Lexington for this sign and ask for the board’s approval. She requested a straw poll. A Straw Poll was taken. No Member indicated an intent to vote No. The Applicant agreed to move forward with an official vote. Hearing was closed at 8:08PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) No further discussion from 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) 135-9.4 and 135-5.2.10 to allow modification to previously granted Special Permit dated January 9, 2023. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 28, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Administrative Clerk Other Business: 1. Minutes from the February 22, 2024 Meeting. On a Motion made by James A. Osten, the Zoning Board of Appeals for the Town of Lexington voted unanimously to acknowledge David G. Williams' extensive and dedicated service to both the Zoning Board of Appeals and the Town of Lexington and to convey gratitude for his valuable advice on many challenging zoning issues. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James A. Osten – Yes, Martha C. Wood – Yes, Nyles N. Barnert – Yes, and Kathryn Roy – Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the minutes from October 26, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James A. Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board voted to Adjourn at 8:16PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes).