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HomeMy WebLinkAbout2017-09-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 14, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Norman P. Cohen Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 10 Cottage Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also received was a revised plot plan showing the proposed expansion of the front step, labeled as “Exhibit A” and received September 14, 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, 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 7:30 pm. The applicant, Mr. Peter Fejer, presented the petition. He is asking for relief to add an overhang over his front step and go 6 inches closer to the front property line so that the front yard setback is 5.5 ft instead of 5 ft. In the winter, ice forms over the door way, which causes the front step to be slippery and dangerous. Mr. Fejer presented a plot plan showing where the front step on the structure will be located. The plot plan was taken in and entered as “Exhibit A”. A Board Member, Ms. Martha C. Wood, asked if Cottage St. is an unaccepted way (yes). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:36 pm. On a motion by Ralph D. Clifford, and seconded by Edward D. McCarthy, the Board voted 5-0 to grant a waiver to the requirement of a certified plot plan. 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. September 14, 2017 ZBA Meeting Page 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 14, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Associate Member Norman P. Cohen Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 410 Marrett Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also received was (1) letter of support from an abutter, and a petition in support of the application with (8) signatures. 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 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 7:37 pm. The applicant, Mr. Howard Benjamin, presented the petition. He is requesting to increase the size of his garage. It is currently not usable for a single car and they would like to be able to park a car and put lawn equipment in the garage. The garage will be expanded towards the middle of the yard. A Board Member, Mr. David G. Williams, asked if the upstairs of the garage will only be used for storage (yes). The Chairwoman, Ms. Jeanne K. Krieger, asked the applicant if the garage will have a full ceiling or if it will be a loft (Mr. Adam Glassman, 2 Worthington St, Cambridge, MA, the architect on the project, stated it will be a loft). nd A Board Member, Ms. Martha C. Wood, asked the applicant if the 2 floor of the garage will be accessible by a stairway (yes). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:40 pm. Page 3 On a motion by Edward D. McCarthy 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. September 14, 2017 ZBA Meeting Page 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 14, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Norman P. Cohen Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 144 Lowell Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also received were gross floor area calculations, and a revised plot plan received September 14, 2017 and labeled as “Exhibit A”. 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 7:41 pm. The applicant, Mr. John Vining of Feinmann, Inc., presented the petition on behalf of the owner. Mr. Vining presented an updated plot plan that showed the parking and overhangs, as requested by the Zoning Administrator. The plot plan was entered into the file as “Exhibit A”. The Chairwoman, Ms. Jeanne K. Krieger, asked what the proposed gross floor area is (3,084 sq ft). There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:43 pm. 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. Page 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 14, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Norman P. Cohen Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 17 Volunteer Way The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, 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, Conservation Administrator, Planning Office, and Zoning Administrator. The petitioner is requesting a VARIANCE AND SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a 3-story structure instead of the allowable 2.5 story structure; and 135-9.4 and 135-3.4 (Permitted Uses and Development Standards), Section D.1.04 to allow a temporary structure on the property. The Chairwoman opened the hearing at 7:44 pm. The applicants, Mr. and Mrs. Doug and Nicole Orr, presented the petition. He is nd seeking a variance for the attic to be over 40% of the gross floor area of the 2 floor and a special permit to allow them to keep their current home on the lot while building their new home. A Board Member, Mr. Ralph D. Clifford, asked Mr. Orr how the lot meets the circumstances required for a variance. Mr. Clifford asked if it is a typical lot (yes). Mr. Clifford asked if there is a substantial hardship that would justify a variance (Mr. Orr responded that it is partly for financial reasons but mostly physical reasons. The rd mechanicals will be located on the 3 floor space so they would like to be able to safely access them by a stairway instead of a pull down). Mr. Clifford asked Mr. Orr if he had spoken with the architect to see if it is totally necessary to have that layout (yes, but they would prefer a walk up stairway for safety reasons). Mr. Clifford asked Mr. Orr if they are seeking the staircase because of the convenience (Mr. Orr responded that the hardship would be the convenience. Mrs. Orr stated that it would be unsafe to have a pull down staircase). Mr. Clifford asked if there is any intent to Page 6 rd use the 3 floor space for something other than storage (no). Mr. Clifford asked what the height of the 3 floor will be (8 ft). A Board Member, Ms. Martha C. Wood, stated that they have had issues in the past with houses being left on the property while another home is being built (Mr. Orr responded that they have a baby on the way and since they have the space on the lot, they would like to stay in one location to expedite the project). Ms. Wood asked if they would be okay with a deadline for the house to be finished (he would want to know the date before agreeing to that). The Chairwoman, Ms. Jeanne K. Krieger, asked the Zoning Administrator, Mr. David George, if two (2) years the standard time is for a deadline. Mr. George responded that the standard time is two (2) years and since that procedure was implemented, they have not had issues with 2 houses being on the lot during construction. A Board Member, Mr. David G. Williams, stated that he is in favor of the special permit but not in favor of the variance. Ms. Krieger asked if they will be keeping the weeping beech tree (Mr. Orr responded they will be keeping it there and have insured the tree). A Board Member, Mr. Edward D. McCarthy, what the total gross floor area of the proposed home is (the proposed gross floor area of the new home will be 12,243 sq ft rd including the shed and 3 floor). rd Ms. Krieger stated she has concerns about granting the 3 floor so that it would be considered a livable space. Mr. Clifford stated that he has no objection to the Special Permit but he doesn’t support the variance. There is no substantial hardship and they need to comply with the zoning bylaw. The physical setup and topography of the lot doesn’t justify the rd need for a 3 floor. Mr. Clifford suggested withdrawing the variance request. Ms. Krieger stated that it would not be necessary to revise the plans since if there is no rd staircase, the 3 floor will not be included as livable space. Mr. George stated that if rd they just put a hatch, the attic won’t be considered a 3 story. Mr. Williams stated they have had several similar requests since Town Meeting that have been denied and this is not different. rd Ms. Orr stated they will not be using the 3 floor as livable space and they are just asking for ease of access. rd Ms. Wood stated that the applicants may not use the 3 floor as a livable space, but the next owner may make it a livable space, especially since the ceiling height is 8 ft. Mr. Williams stated nothing would preclude someone from putting in a staircase later. September 14, 2017 ZBA Meeting Page 7 Mr. Orr stated that they are just asking for a staircase as opposed to a pull down ladder. It isn’t going to change the size of the structure. Ms. Krieger stated that the temptation is that someone may use it in the future as a livable space so she sees no justification for having a staircase. There was a discussion about whether to withdraw the variance or to just take the vote. Mr. Orr requested to withdraw the variance request. There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 8:03 pm. On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to grant a Withdrawal without Prejudice of a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a 3-story structure instead of the allowable 2.5 story structure. 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 135-3.4 (Permitted Uses and Development Standards), Section D.1.04 to allow a temporary structure on the property. September 14, 2017 ZBA Meeting Page 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 14, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Norman P. Cohen Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 191 Spring Street The petitioner submitted the following information with the application: Nature and Justification, Elevations, and Floor Plans. Also received was a request for a waiver of the requirement for a certified plot plan, and a letter from the Lexington Design Advisory Committee, dated September 13, 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, Engineering Office, Planning Office, and Zoning Administrator. The petitioner is requesting FOUR (4) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135- 5.2.8.3, and 135- 5.2.10 to allow four (4) free standing signs, larger than otherwise allowed – with three (3) of the signs internally illuminated. The Chairwoman opened the hearing at 8:06 pm. Mr. Jason Fredette of Poyant Signs presented the petition.He represents Boston Properties. They are doing interior fit-out of the buildings on the campus at 191 Spring Street and they would like to upgrade the signs. He went thru the application with the Design Advisory Committee (DAC) and they were agreeable to all the signs except for A1, of which they had concerns about the height of the sign. Therefore, they would like to withdraw the request for the special permit for the sign labeled A1 so they can re-structure it. A Board Member, Mr. Ralph D. Clifford, asked the applicant if a continuance for the special permit would make more sense (The Zoning Administrator, Mr. George, responded that he had a conversation with the applicant regarding that matter. Mr. Fredette responded that he is prepared to re-submit the application for the A1 sign tomorrow because there was also a concern that the lot was not picked up on the abutter’s request. Mr. George stated that the 14 days to notify abutters beforehand is also significant). Page 9 The Chairwoman, Ms. Jeanne K. Krieger, stated that the Board will vote on the Request for Withdrawal of the sign labeled A1 and on the approval of the other signs within the campus. Ms. Krieger asked the applicant what the hours will be for the signs to be illuminated (Mr. Poydette responded that the hours will approximately be 3pm – 11pm and in the summer, it may not run that late. The lights will be tied to the energy compliance system). A Board Member, Mr. David G. Williams, asked if they neighbors across the street are in Lexington (Ms. Krieger responded yes). 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 Ralph D. Clifford and seconded by Edward D. McCarthy, the Board voted 5-0 to grant the request for a waiver of the requirement for a certified plot plan. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to grant the Request for Withdrawal of a Special Permit for the sign labeled “A1” in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-5.2.8.3, and 135- 5.2.10 to allow a free standing sign, larger than otherwise allowed, and internally illuminated. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, 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 and 135-5.2.8.3, and 135- 5.2.10 to allow four (3) free standing signs, larger than otherwise allowed – with two (2) of the signs internally illuminated. September 14, 2017 ZBA Meeting Page 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 14, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Alternate Present: Norman P. Cohen Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1) Minutes of Meetings from August 24, 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 August 24, 2017. On a motion made and seconded, the meeting was adjourned. Page 11