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HomeMy WebLinkAbout2024-09-12-ZBA-min-copyMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom September 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, Jeanne Krieger Alternate Member: Kathryn Roy Administrative Staff: Olivia Lawler, Zoning Administrator Address: 8 Mason Street (ZBA-24-21) CONTINUED FROM THE JULY 25, 2024 ZBA HEARING The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 15-4.1.1 Table 2 to allow a side yard setback to be less than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Topographic Map, Floor Plan, Elevations, Gross Floor Area Calculations, Historical Commission Submission Packet, Historical Commission Decision Letter (approval), and Abutter Support Letters. 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 Zoning Administrator, Building Commissioner, Conservation Director, and Historical Commission. A Withdrawal Request was submitted. 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 WITHDRAWAL WITHOUT PREJUDICE (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom September 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Jeanne Krieger. Alternate Member: Kathryn Roy Administrative Staff: Olivia Lawler, Zoning Administrator Address: 18 Bacon Street (ZBA-24-30) 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 135-6.7.7 to allow an Accessory Structure Apartment. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Topographic Plan, Floor Plan, Elevations, Gross Floor Area Calculations, and Site Sketch 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 Zoning Administrator, Building Commissioner, Health Department, and Historical Commission. The Hearing was opened at 7:05 PM. Petitioner: Kevin Whelan, Backyard ADUs, 247 Coombs Rd., Brunswick, Maine Kevin Whelan presented the petition on behalf of Charles Hornig. Kevin Whelan shared the proposed plan and gave an overview of the request in regards to the Zoning Bylaw. The proposed ADU will allow a long-time resident to downsize while staying in town and allows for a younger generation to stay in town and not enter the competitive housing market. Mr. Whelan stated the homeowner will reside in the ADU and their daughter and her family will move into the main dwelling, creating a long-term, intergenerational property. Pictures of the existing dwelling were shared and Mr. Whelan emphasized the ADU has been designed to maintain the appearance and character of a single-family dwelling. Elevations and floor plans were shared and described. The bathroom will be ADA accessible as well to make the property suitable for aging in place. The proposed GFA of the ADU is 990 sq. ft. which is under the 1000 sq. ft. max, and still keeps the property well below the maximum GFA of over 69, 000 sq. ft. Mr. Whelan provided an overview of the utilities plan. Water will come from a preexisting well. A Title 5 inspection was completed and passed on September 11th and they are working with a qualified professional to ensure the existing septic system can handle the additional of the ADU. The applicant will continue to work with the Health Department to ensure compliance and obtaining the proposer approvals. The lot was described as rural agricultural and abuts conservation land and has few abutters. The proposal will not involve tree removal and the location of the ADU is outside of the wetland buffer zone. The applicant is working with LEC Environmental to file a Notice of Intent (NOI) with the conservation commission due to the expansion of the driveway within the buffer zone. An Order of Conditions from the NOI is expected and they will be working with a civil engineer to design a stormwater management system. Associate Board Member, Kathryn Roy, questioned if the connection with the Town sewer system is part of this proposal. (No, the state needs to approve the sewer crossing over conservation land. It is the goal of the homeowner to eventually obtain that approval and connect to Town sewer.) Board Member, Nyles N. Barnert questioned if additional GFA was added in the attic space with the second set of revised plans (No, the upper floor is just ceiling joist with insulation and no space for use. The attic will have a pull-down access hatch per building code requirements.) He questioned why the septic plan does not have the ADU connection going directly to the two closest sewer man holes shown on the site plan. (Those two are just for pump chamber access. They considered different configurations but they would require a path the would disrupt the root system of nearby trees.) Board Member, Norman P. Cohen, questioned the number of homes that utilize Bacon Street for access (Three (3) houses.) He mentioned the Planning Department requires at times that a street be brought up to Town standards when new construction is occurring. (The ADU is part of the existing property and will utilize the existing thoroughfare. Traffic will not be increased). Board Chair, Ralph D. Clifford, mentioned the Noise Bylaw and questioned if a noise analysis has been done. (No. The ADU and primary dwelling will house all pre-existing occupants of the property. The sound produced by the heating system will dissipate before it reaches any abutters. The neighborhood is a rural, agricultural area with the nearest property located approximately 390 ft. away) Chris Lee, Backyard ADUs, 247 Coombs Rd., Brunswick, Maine, stated a typical window air- conditioning unit runs at around 50-70 decibels and the proposed mini split system for the ADU is less than 30 decibels of sound output. BY traveling 50 ft. away from the unit, the sound is very unlikely to be heard. Kevin Whelan concluded the proposed ADU provides a net benefit to the community. It will allow younger generations to stay in town and help the community thrive while also allowing the older generations to stay for longer and age in place. No further questions from Board. No further comments or questions from audience. Hearing was closed at 7:24 PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – Yes). Mr. Clifford proposed conditions about meeting Title V and Health Department standard for the septic system, Conservation Commission approval, and a stormwater management system developed to the reasonable standards of the Building Commissioner. A condition relating to the Noise Bylaw is not required for this proposal due to the secluded nature of the property. Mr. Barnert stated that ADU are approved so it is assumed that the noise that comes with ADU are also permitted. 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 135-6.7.7 to allow an Accessory Structure Apartment with conditions. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom September 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Jeanne Krieger Alternate Member: Kathryn Roy Administrative Staff: Olivia Lawler, Zoning Administrator Address: 3 Bow Street (ZBA-24-29) The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 and 135-5.2.7(1a) to allow a wall sign for a second-floor establishment to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Elevations, Proposed Sign Plan, and Certified Plot Plan Waiver Request. 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 Director, Economic Development Department, and Zoning Administrator. The Hearing was opened at 7:28 PM. Petitioner: Jason Parillo, Applied Image, 800 Business Park Dr., Freehold, NJ Jason Parillo presented the petition on behalf of the Great Sky Solar. He described the proposed sign and mentioned the additional projecting sign that will be placed on the front of the building which can be installed by right. An existing light fixture will be altered to point downward and ensure there is no insufficient ambient light. The proposed wall sign is 18 sq. ft. and will provide visibility of the business from the bike path. Mr. Parillo stated the sign will also help customers locate the business which has been an issue in the past Associate Board Member, Jeanne Kreiger, questioned the business’ operating hours and when the sign would be illuminated. (7:00 am – 9:00 pm) Board Chair, Ralph D. Clifford, asked to clarify the days of operation and if a condition to only illuminate the sign during those days would be accepted. (Monday – Friday. Yes.) Ms. Roy asked to clarify what size is allowed by the Bylaw. (9 sq. ft. and the proposed sign 18 sq. ft. and fits nicely in it proposed location.) Mr. Clifford questioned the existing sign on the other side of the building and if Great Sky Solar will be adding a sign there as well. (There is an existing directory on the other side of building they will have their business name there but no logo). No further questions from Board. No comments or questions from audience. Hearing was closed at 7:33 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – Yes). Mr. Clifford stated the addition of the condition that the sign shall only be illuminated Monday- Friday between the hours of 7:00 AM – 9:00 PM. Board Member, Martha C. Wood, questioned if there should be a condition about who is responsible to remove the sign if the time comes. (Not typically a condition that needs to be added) 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, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – 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 135-9.4 and 135-5.2.7(1a) to allow a wall sign for a second-floor establishment to be larger than otherwise allowed with conditions (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom September 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Jeanne Krieger Alternate Member: Kathryn Roy Administrative Staff: Olivia Lawler, Zoning Administrator Other Business: 1. Minutes from the July 25, 2024 Meeting Board Chair, Ralph D. Clifford, stated the Board will be discussing the Noise Bylaw during a future ZBA meeting. The Board of Appeals voted three (3) in favor, zero (0) opposed, and two (2) in abstention to approve the minutes from August 22, 2024 Hearing (a roll call vote was taken: Ralph D. Clifford– abstained, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – abstained, and Jeanne Krieger – Yes). The Board voted to Adjourn at 7:43 PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and Jeanne Krieger – Yes).