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).
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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
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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
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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
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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
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including the shed and 3 floor).
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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
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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
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staircase, the 3 floor will not be included as livable space. Mr. George stated that if
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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.
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Ms. Orr stated they will not be using the 3 floor as livable space and they are just
asking for ease of access.
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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.
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