HomeMy WebLinkAbout2017-10-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 26, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, Ralph D. Clifford, and Associate Member Nyles N. Barnert
Alternate Present: William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 29 Sherburne Road
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, and Floor Plans. Also received was a
Board of Appeals decision, dated July 14, 1994. The applicant also submitted revised
plans, dated October 16, 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, Engineering Department, and Zoning Administrator.
The petitioner is requesting 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 front yard setback of 22.9 ft instead of
the allowable 30 ft.
This is a continuation from the September 28, 2017 meeting.
The applicant, Mr. Ramanathan, presented the petition. Based on the comments from
the last meeting, he modified the design of the front porch. They are still proposing to
enlarge the landing to 6' x 14'. The main reason for the enlargement is to make it
easier for his wife and mother-in-law to get in and out of the house. The new design is
a rectangular landing with 2 steps. They are now asking for a variance for a 25.1 ft
front yard setback instead of the allowable 30 ft.
A Board Member, Mr. Ralph D. Clifford, asked for clarification on where the new porch
is on the plot plan (Mr. Ramanathan pointed out the location on the plot plan).
There were no further questions or comments from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 7:38 pm.
On a motion by Jeanne K. Krieger, and seconded by Nyles N. Barnert, the Board
voted 5-0 to grant the 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 front yard setback of 25.1 ft instead of the allowable
30 ft.
October 26, 2017
ZBA Meeting Page 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 26, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, Ralph D. Clifford, and Associate Member Nyles N. Barnert
Alternate Present: William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 26 Normandy Road
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 and Zoning Administrator.
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 135-8.4.2 to allow
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:39 pm.
Ms. Cheya Pope, the wife of the applicant, Mr. Rick Moriarity, presented the petition.
They are proposing to expand the front entrance of their home and put a portico over
the front steps. The house is a cape style and the front door opens onto the front
stairs. They have safety concerns with their children being able to get out of the front
door in an emergency situation due to how the front entrance is situated.
A Board Member, Ms. Jeanne K. Krieger, stated that the Building Commissioner made
a comment about a requirement for the landing needing to be 3 ft instead of the
proposed 2'4" (Mr. Chris O'Neil, the contractor, stated that they would accommodate
that by confiscating space from the mud room, and will not protrude any further
towards the street).
A Board Member, Mr. Ralph D. Clifford, asked what the current setback is (its 29.4 to
the house and 24.2 to the bottom step and they are proposing a 17.3ft setback).
A Board Member Alternate, Mr. William P. Kennedy, asked the applicant what the
photos are of that were included in the Board packets (neighboring homes that had
similar work done).
A Board Member, Mr. Edward D. McCarthy, asked for clarification in regards to the
mudroom shown on sheet A-2 of the plans and the proposed 2'4" landing (Mr. O'Neil
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stated that the mudroom is not part of the Special Permit request, and they will
confiscate the difference in measurement from the mudroom in order to comply with
the building code).
There were no further questions or comments from the Board.
There were no comments from the audience.
The Chairman closed the hearing at 7:47 pm.
Mr. Clifford stated that he is concerned about how dramatic the change will be for the
setback. Compared to the other houses, it's already aligned with the neighborhood.
A Board Member Associate, Mr. Nyles N. Barnert, stated that they have to have a
minimum size of 6 ft by building code so it would be difficult to do anything differently
with the plans.
A Board Member, Ms. Jeanne K. Krieger, stated that she is in favor of the proposal
due to safety reasons.
Mr. McCarthy stated that he is in favor of the proposal and does not get the impression
that it would be imposing on the setback compared to the neighboring houses.
On a motion by Jeanne K. Krieger, 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) section 135-9.4 and 135-8.4.2 to allow
modification to a non-conforming structure.
October 26, 2017
ZBA Meeting Page 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 26, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, Ralph D. Clifford, and Associate Member Nyles N. Barnert
Alternate Present: William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 450 Bedford Street
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, and Floor Plans. Also received were comments from the
Design Advisory Committee (DAC), received October 12, 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 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) section 135-9.4, 135-5.2.4.1, and 135-
5.2.10 to allow internal illumination of one (1) sign.
The Chairwoman opened the hearing at 7:51 pm.
Mr. Jerry Diriento of Carruth Capital, LLC, presented the petition as the Construction
Project Manager for the project. They are proposing to illuminate the sign for 450
Bedford Street. The building is set back about 400ft from the road and the illumination
of the sign will help with identification of the building.
A Board Member, Mr. Edward D. McCarthy, asked for clarification of the location of the
sign.
A Board Member Alternate, Mr. William P. Kennedy, asked if the orientation shown on
the plans will be the orientation of the physical sign (not exactly but the monument is
currently in place and they are only petitioning to illuminate the sign).
There were no further questions or comments from the Board.
There were no comments from the audience.
The Chairman closed the hearing at 7:55 pm.
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On a motion by Jeanne K. Krieger, and seconded by Nyles N. Barnert, the Board
voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-9.4, 135-5.2.4.1, and 135-5.2.10
to allow internal illumination of one (1) sign.
October 26, 2017
ZBA Meeting Page 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 26, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, Ralph D. Clifford, and Associate Member Nyles N. Barnert
Alternate Present: William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1) Minutes of Meetings from October 12, 2017 Hearing
On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board
voted 5-0 to approve the minutes of October 12, 2017.
On a motion made and seconded, the meeting was adjourned.
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