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HomeMy WebLinkAbout2017-07-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 27, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Member Nyles N. Barnert and William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 160 Lincoln Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also received was a revised proposal, received July 18, 2017, a document entitled, “Lincoln St Neighborhood SF Comparison,” received July 20, 2017, a document entitled, “160 Lincoln St Existing House,” received July 24, 2017, and gross floor area calculations. 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 Department, 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 135-8.4.2 to allow modification to a non-conforming structure. This is a continuation of the hearing opened on June 8, 2017. Attorney Fred Gilgun, the owner, Yi Yu, and the architect, Mr. Ivan Hernandez, presented the application. Mr. Gilgun stated they revised their plans to reduce the encroachment into the front setback and left side setback. They are also proposing to reduce the width of the house by 9.5 ft. In response to the concern raised by the neighbor about the impairment of his line of sight, they addressed that concern by reducing the roof line on that side. They also gave the Board a list of properties on the street to compare the homes in the neighborhood which are similar in size. They feel that the proposed structure will fit in with the character of the neighborhood and doesn’t create any new non-conformities. A Board Member, Mr. William P. Kennedy, asked for clarification on how the roof line changed. (Mr. Hernandez stated that the previous design showed the roof going straight across the ridge but now the roof will go down on the left side by approximately 1.5 ft). Mr. Williams asked Mr. Hernandez if there is still a 50ft setback from the wetlands (Mr. Hernandez responded that those issues are being addressed through the wetlands scientist. Mr. Yu responded that the setback to the wetlands will still the same. They 1 had spoken with Karen Mullins, the Conservation Administrator, who told them she has seen similar proposals approved). The Chairman, Ms. Jeanne K. Krieger, stated that the structure that is in the setback is grandfathered in because it was there before the conservation regulations. If they approve the Special Permit tonight, the applicants will be taking a risk with it not being approved by the Conservation Commission. A Board Member, Mr. Nyles N. Barnert, stated that it looks as though all they did for the new plan was remove the platform, so the house will still look as if it’s further front than it is now. (Mr. Hernandez stated that on the new plan, the house will have the same front setback as the previous plan.Mr. Yu stated that on the revised proposal has the setback reduced by a foot). Mr. Barnert stated that on the list of comparative homes provided, it looks like all the houses listed are on the other side to Lincoln Street (Mr. Gilgun responded that the list was made to show how the home will fit in with the character of the neighborhood). Mr. Williams stated that the houses on the other side of the street back up to a hill but the homes on their side of Lincoln Street back up to wetlands. An audience member, Mr. Antonio Bonanno of 158 Lincoln Street, spoke in opposition of the petition. He is still concerned with his view being obstructed when he pulls out of the driveway. He is also concerned about the water flow and drainage going onto his property. He also thinks that that if the Board approves this, it will make other people think they can do the same thing. Mr. Gilgun stated that there is no proposal to change the existing grades. Mr. Hernandez stated that there are plans to build a dry well to collect the driveway and roof water. A civil engineer has been hired for this purpose. There was a discussion among the Board about how much further the house will be going into the setback. Mr. Yu stated that the setback is currently 27.1 ft. from the front corner of the structure. The porch extends 4 ft into the front setback, making the setback 23.1 ft to the front porch. A Board Member, Mr. David G. Williams, asked the applicants what will be done with the original cellar (Mr. Gilgun responded that they are going to increase the size of the existing foundation). Mr. Williams responded that if the applicants demolished the structure, they wouldn’t be able to do what they are trying to). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:51 pm. On a motion by Ralph D. Clifford and seconded by William P. Kennedy, the Board voted 3-2 (with David G. Williams and Nyles N. Barnert in opposition) 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. A vote of 4-1 was needed and the petition was therefore denied. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 27, 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: 10 Ewell Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also submitted were gross floor area calculations. 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 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 7:52 pm. The applicant, Mr. Paul Marcantonio presented the petition. He is proposing to extend the back of the house and to put a bay window in the front of the house. For the back of the house, they will be removing a shed and altering the roof line by extending 32 inches into the setback. Mr. Williams asked if they are going to put in central air conditioning (yes, they will). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:57 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 July 27, 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: 38 Maple Street 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, 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 7:58 pm. The applicant, Mr. Ivan Hernandez, presented the petition as the architect for the nd project. He stated they are proposing to build a 2 story addition to the existing house. They will be making repairs to the existing porch, but keeping it the same size. nd For the 2 floor, they are proposing to remove the existing floor and roof and add bedrooms. There would also be a small overhang on the rear of the house. The current first floor would be renovated. The basement would not be touched. There would be no foundation work done. rd A Board Member, Mr. David G. Williams, asked if there will be living space on the 3 floor (it’s going to be left unfinished as currently planned and maybe in the future they will have a recreation room up there). The Chairwoman, Ms. Jeanne K. Krieger, asked what the height of the structure will be (Mr. Hernandez responded it will be 31 ft to the ridge). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 8:01 pm. 5 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. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 27, 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: 63 Hillcrest 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, 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 8:03 pm. The applicants, Mr. and Mrs. Howard and Christine Hobbs, presented the petition. nd They are proposing to add a 2 floor addition to the existing home. They are planning to keep the existing roof and do an infill, as shown on the plans. Mr. McCarthy asked if they gave the board the total square footage (yes, it was sent today). An audience member, Ms. Kathleen Niu of 71 Hillcrest Ave., spoke. She stated that there is a paper road between their houses. She also wants to know if she will lose any of her privacy because of the addition (Mr. Hobbs responded that they still will not be able to see her in her backyard). Ms. Niu also stated she is concerned about Zoar Ave. being used for construction debris (Mr. Hobbs stated that the debris will be removed and not placed on Zoar Avenue). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 8:07 pm. 7 On a motion by Martha C. Wood and seconded by Ralph D. Clifford, 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. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 27, 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: 34 Arcola Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. 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, Engineering Department, Planning Office, and Zoning Administrator. The petitioner is requesting a TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.3.5 to allow a height of a structure to be 33 ft instead of the required 25 ft; and 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 8:10 pm. The applicants, Mr. and Mrs. Aravind and Karuyna Srinivasan, and the architect, Mr. Paul Zbruz, presented the petition. They are proposing an addition due to an expanding family with their parents moving in with them.They are also proposing to add a 2-car garage. The existing structure is non-conforming from the sides, front and height. The proposed addition will conform on the front yard and side setbacks. The nd 2 Special Permit they are requesting is for the height of the structure. The neighbors are agreeable to the petition. The owners presented a petition signed by the neighbors. A Board Member, Mr. Ralph D. Clifford, asked why the attic can’t be made smaller (Mr. Zbruz replied that if they made it shorter, if they came up the stairs to the attic, a person would bump their head). Mr. Clifford asked where the stairs are located (on the side. The new attic will be taller by a foot. The existing attic is mostly crawl space). Mr. Clifford asked what the height of the attic is (Mr. Zbruz responded that it’s 5’3” at the edge and 9’6” in the middle). Mr. Clifford asked if there was any other way to run the stairs (Mr. Zbruz responded that the stairs cannot be placed anywhere else due to the placement of the addition). 9 Mr. Clifford stated that the other houses on the street have a large front setback and this house is close to the street.The proposed structure is very large. The Chairwoman, Ms. Jeanne K. Krieger, stated she is concerned about the height of the addition, which is on a narrow lot (the applicants responded that they meet the allowable massing on the lot). Mr. Clifford said that while it is true they meet the allowable massing, they don’t meet the zoning setback requirements (The applicants responded that there were 3 new constructions on the street in the past few years that look similar). Mr. Clifford responded that those houses aren’t as close to the street. Ms. Srinivasan asked the Board what would be admissible for a height (Ms. Krieger responded that they would like to see them meet the height meet regulation of 25 ft.). The Zoning Administrator, Mr. David George, confirmed that the allowable height would be 25 ft. Ms. Srinivasan stated that 25 ft is lower than the current structure. The existing structure is at 31 ft. Mr. Clifford stated that he would be more comfortable if they moved closer to the allowable height. Mr. Srinivasan stated that they are also getting rid of the existing garage which was also non-conforming so they are trying to decrease the current non-conformities. The applicants asked if they could maintain the current height (Ms. Krieger responded that they would need to see the plans). Ms. Krieger advised the applicants of their options. They can continue the hearing or the Board can vote on the Special Permits separately. Mr. Zbruz asked the Board if they are asking them to come back with plans for the addition to be 31.6 ft, which is the height of the existing structure. The Board responded that they are asking that they come back with plans that show the addition as close to the 25 ft as possible. rd Mr. Williams asked the applicant if the 3 floor will be used as living space (Mr. Zbruz responded that it will eventually be used as more than storage). Mr. Clifford asked if 3 floors would be allowed. Mr. Zbruz responded that the existing structure is a 3.5 story structure because the basement is more than 50% above the existing average natural grade. They will make the basement below the 50% so that they will have a 2.5 story building Mr. George stated that he doesn’t understand that to be the case. In an ordinary case, 3 stories is not allowed by right. The applicant has proposed 3 stories to match the existing condition and it violates the height requirement in feet and is only allowed by a Special Permit to match the existing condition of 3.5 stories. The project could be potentially done by right if they didn’t have to modify the existing structure. An audience member, Ms. Chen of 38 Arcola Street, spoke in opposition to the petition. She stated that the new addition is too big and doesn’t think that that such a large building should be built on the lot. Ms. Srinivasan asked the Board if the addition was designed to have a 25 ft height, would they have to go back to the Zoning Board (Mr. George responded that the structure would have to comply in stories and by measurement in feet. Also, no modifications to the structure would be allowed). Ms. Srinivasan stated that they also looked at the shadowing impact and they don’t believe that the sun’s shadow will affect their neighbors. They also have many trees in the back yard. Ms. Krieger recommended a continuance for the applicants. Mr. Williams stated that a continuance will give the applicants an opportunity to go back and revise plans to be more compatible with the neighborhood. The audience member, Ms. Chen, stated that she is angry about the height. Ms. Krieger advised her that the meeting will be continued to August 24, 2017 and she is welcome to come back then. There were no further questions or comments from the Board. There were no questions from the audience. On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to continue the hearing to the August 24, 2017 meeting. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 27, 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 July 27, 2017 Hearing 2) Discussion of moving meeting time to 7:00pm instead of 7:30pm. Mr. Clifford stated that he was unable to meet any earlier due to a work conflict. The time will remain at 7:30pm. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to approve the minutes of July 27, 2017. On a motion made and seconded, the meeting was adjourned. 12