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HomeMy WebLinkAbout2017-07-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 13, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 17 Skyview Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also received was a shadow 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 Planning Office 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 135-4.4.3 to allow a gross floor area of 7,076 sq. ft. instead of the allowable 6,933 sq. ft. The Chairwoman opened the hearing at 7:30 pm. The applicant, Ms. Mary Elizabeth Busa presented the petition. They built a new home for the owners of the property and the gross floor area that resulted from the new structure and existing shed have a combined gross floor area of 7,076 sq ft. They would like to keep the shed, which has been on the property since 1955. Ms. Busa presented the drawing of the shed. It’s currently existing on a cement foundation. In response to the questions outlined in the application, the shed is compatible with scale in the neighborhood; the massing of the project doesn’t affect the other lots; and the solar access is not affected. The shed is in good condition and meets with the integrity of the neighborhood. Ms. Busa presented a photo of the shed. It’s surrounded by grass that was planted after they built the house. The shed also meets the setback requirements and sits 15.2 ft from the side yard. The shed has no affect to traffic flow or safety. It also has no impact on natural environment. A Board Member, Mr. Ralph D. Clifford, asked what the Building Department said about the shed when the permit was applied for (Ms. Busa responded that the shed was not considered at that time). Mr. Clifford asked how big the previous home on the property was (Ms. Busa responded about 1500 sq ft). Mr. Clifford asked Ms. Busa how the house doesn’t affect the scale in the neighborhood since the new structure is approximately 6 times larger than the existing shed as opposed to the original home 1 which was 2 times as large (Ms. Busa responded that it doesn’t affect it since the shed was already existing). Mr. Clifford asked what street the original house faced (Ms. Busa responded Skyview Road). A Board Member, Mr. David G. Williams, asked Ms. Busa how they received the Certificate of Occupancy if this matter hasn’t been cleared up (Ms. Busa responded that they brought it up when they applied for the Certificate of Occupancy and it wasn’t clear when they originally applied for the building permit that they needed to include the shed. They received a Certificate of Occupancy but the Building Commissioner requested they put in a request for a Special Permit). Mr. Williams asked if the shed was originally used as a garage (Ms. Busa responded that it’s an old garage and it used to have a driveway. It is now only used for storage). Mr. Williams stated that if he votes for it, he proposes a condition that they would make it look like a shed instead of a garage. Mr. Clifford asked if the Board would do that as a condition to a special permit since it looks like an additional garage. The Zoning Administrator, Mr. David George, stated that they would be allowed to make a condition if the applicant agrees. Staff would need the applicant to do a sketch of what is proposed, so the decision has something to be based on. The Chairwoman, Ms. Jeanne K. Krieger, read the Planning Director’s comments out loud. An audience member, Ms. Marcia Mitchell, 21 Skyview Road, spoke in opposition to the petition. She thinks they were aware that they would be going over the allowable gross floor area and they are pushing the limits. Ms. Krieger stated that at a minimum they would ask for a condition that the structure be changed to appear more as a shed than a garage. Mr. Clifford and Mr. Williams stated they are in favor of tearing it down due to the structure not fitting the lot with the new home. The streetscape would be improved if the shed was gone. There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:55 pm. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 1-4 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.4.3 to allow a gross floor area of 7,076 sq. ft. instead of the allowable 6,933 sq. ft with the condition that the shed structure be modified so that it looks like a shed, not a garage. A 4-1 vote was needed and therefore the motion was denied. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 13, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 6 Green Lane The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also received was a structural evaluation, dated May 11, 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, Conservation Administrator, Planning Office, 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 135-6.7.6 to allow an Expanded Accessory Apartment. The Chairwoman opened the hearing at 7:56 pm. Mr. Tony Nardelli, Sr. and Mr. Tony Nardelli, Jr. presented the petition. They are looking to build an addition with an accessory apartment for Mr. Nardelli, Jr.’s sister to move into. It would be a 1 bedroom, 1 bathroom with a small deck and also have a small driveway on the side of the house for her 1 car. They have designed the house to meet the conditions of the applicable zoning by-laws. A Board Member, Mr. Edward D. McCarthy, asked if they have been to the Conservation Commission in regards to the driveway (Mr. Nardelli, Jr. responded that the Commission made some suggestions about the driveway, and they will be making it a full paver driveway so that it’s completely permeable. They currently have a continuation of the Conservation Commission meeting). Mr. McCarthy asked if the plot plan in the Zoning Board application is the final version (Mr. Nardelli, Jr. responded yes and it will be the same plan brought for approval with Engineering and Conservation). A Board Member, Mr. David G. Williams, stated that he is in favor of accessory apartments but his concern is that at some point it would be made an Air BnB. Mr. 3 Williams asked if the applicant would be agreeable to adding a condition that it wouldn’t be rented out (Mr. Nardelli, Jr. responded yes). Mr. Williams stated his other concern is that the new driveway will change the streetscape. Mr. Williams asked the applicants if they would consider widening the driveway instead of doing a new curb- cut (Mr. Nardelli, Sr. responded that he had considered widening the driveway instead but it would be easier for his daughter to access the apartment if she has a separate driveway. Mr. Nardelli, Jr. responded that a new driveway would also be more beneficial for his sister is case of inclement weather and also for access reasons. With doing the paver driveway and additional landscaping, it would be favorable to the neighborhood). The Zoning Administrator, Mr. David George, stated that under the accessory apartment bylaw, the only requirement for parking is that the accessory apartment meet the parking requirement and the parking space be a dedicated space for the accessory apartment without having to move vehicles around. In a different part, the bylaw allows for two (2) curb cuts on one (1) frontage by right so he would caution the nd Board to prohibit that 2 curb cut unless it’s a mutually agreeable condition. Otherwise, the Board may consider adding a condition to only have one curb cut if that’s what they decide on. The Chairwoman, Ms. Jeanne K. Krieger, stated that the property is well landscaped nd and believes the 2 driveway will fit in well with the landscape. An audience member, Ms. Lei Zhang of 8 Green Lane, asked the applicants if Mr. Nardelli, Sr. will still be her neighbor (Mr. Nardelli, Sr. responded he will still be living in the main house). Ms. Zhang also asked to be notified if there will be dust during construction since her daughter is extremely allergic (Mr. Nardelli, Jr. stated that they will notify her before any construction is started). The Board discussed having a condition on the decision about the accessory apartment not being rented out to anyone other than a family member or a condition stating that rental of the unit for less than a year will be prohibited. The applicant, Mr. Nardelli, Sr. stated that he is not sure what the future will hold so he is more comfortable with a condition stating that the rental of the unit for less than 1 year is prohibited. There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 8:13 pm. On a motion by Martha C. Wood 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 135-6.7.6 to allow an Expanded Accessory Apartment with a condition that the rental of the unit for less than one (1) year is prohibited. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 13, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 45-55 and 65 Hayden Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was a Letter of Authorization from King Street Properties, dated June 7, 2017, and a letter from the DAC. 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 Administrator, and Zoning Administrator. The petitioner is requesting a THREE (3) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-5.2.8.3, and 135-5.2.10 to allow modifications to three (3) existing free standing signs. The Chairwoman opened the hearing at 8:14 pm. Mr. Rob Albro of King Street Properties and Mr. Bill Galligan of Advanced Signing, LLC, presented the petition.Mr. Galligan stated that they are proposing to replace the three (3) existing monument signs on the property. They are seeking Special Permits for the signs because of the size. With the base, the signs are about 76 sq ft and they are proposing to increase them to 82 sq ft. The new signs will be lower and longer and won’t impede the traffic. The intent is to get the sign lower to the ground and be more of a part of the landscape. He presented photos to the Board of what the signs will look like. They will also include space on the signs for tenant names. A Board Member, Mr. David G. Williams, stated he thinks it’s an improvement to the signs. A Board Member, Mr. Edward D. McCarthy, asked for clarification on the gas company easement (Mr. Galligan stated that there is an easement that runs down the front of the property under the signs. They have spoken with the gas company about it). 5 There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 8:21 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, 135-5.2.8.3, and 135- 5.2.10 to allow modifications to three (3) existing free standing signs. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 13, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1) Minutes of Meetings from June 22, 2017 Hearing On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to approve the minutes of June 22, 2017. On a motion made and seconded, the meeting was adjourned. 7