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HomeMy WebLinkAbout2025-02-13-ZBA-minMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, via Zoom February 13, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, and Associate Member Patricia Nelson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 8 Berwick Road (ZBA-25-2) The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-8.4.2, and 135-6.7.7 to allow modification to a non-conforming structure and to allow an accessory structure apartment. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Floor Plan, Gross Floor Area Calculations, Elevations, Photographs, and a Withdrawal Request for One Special Permit for an Accessory Structure Apartment 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 Zoning Administrator and Building Commissioner. The Hearing was opened at 7:04 PM. Petitioner: Colin Smith, Colin Smith Architecture, Inc. Colin Smith presented the petition on behalf of Ryan Wise. Mr. Smith shared photographs and highlighted the existing non-conforming setback. He shared the site plan and described the proposed two-car garage with an open floor plan ADU on the second floor. Mr. Smith clarified that a Special Permit is no longer required for the ADU because of new state regulations. A Special permit to modify the non-conforming structure is required because the proposed structure will have a height increase of approximately 6 ft. from the existing garage. The pre- existing non-conforming setback will be maintained. Mr. Smith stated the property owner spoke with the abutters that would be most directly affect and they were all receptive to the proposal. No questions from the Board. No comments or questions from the audience. Hearing was closed at 7:08 PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Yes). No discussion from the Board. The Board of Appeals voted four (4) in favor, zero (0) opposed, and zero (0) in abstention to WITHDRAW WITHOUT PREJUDICE ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) section(s) 135-9.4and 135-6.7.7 to allow an accessory structure apartment (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Yes). The Board of Appeals voted four (4) in favor, zero (0) opposed, and zero (0) in abstention to grant ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) section(s) 135-9.4 and 135-8.4.2 to allow modification to a non- conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, via Zoom February 13, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, and Associate Member Patricia Nelson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 320 Concord Avenue (ZBA-25-1) The petitioner is requesting ONE (1) Special PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-5.1.14 to allow a driveway to be located closer to the lot line than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Gross Floor Area Calculations, and 324 Concord Avenue Mortgage Inspection Plan dated March 21, 2003. 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 Zoning Administrator, Building Commissioner, and Conservation Director. Hearing was opened at 7:10 PM. Petitioner: David Feldman, 130 East Street, Lexington David Feldman presented the petition. Mr. Feldman shared an existing condition plan to highlight that the pre-existing driveway has been located on the lot line for many years and connects the abutters driveway that is on the lot line as well. The proposed driveway will meet the current grade requirements for driveways of 12% which is a decrease from the current 19% grade of the driveway. The change in grade requires a retaining wall to be installed but the applicant would like to install permeable pavers of the right side of the wall to allow the neighbor to still have permissive access to his driveway and to perform a three-point turn at the end as to not require backing onto Concord Ave. Mr. Feldman emphasized that abutter at 324 Concord has a retaining wall on the other side of the driveway and so he did not have the option to extend his driveway in the other direction. The proposal allows for the neighbor to still have a safe entry and exit path from the driveway while allowing the applicant to make improvements to their lot and driveway. Board Member, Norman P. Cohen, asked to clarify if the neighbor passes onto the applicant’s property currently. (Yes.) He questioned if they have considered an easement. (They are allowing the neighbor to pass and to access the parking space at the bottom of their property. Due to the steepness of the driveway, it is imperative to be able to turn around and exit onto Concord Avenue forwards.) Board Member, Patricia Nelson, any easement intention for legal rights (no, consulted with attorney permissive passage since it isn’t a common driveway. Board Chair, Ralph D. Clifford, questioned the grading plan and if it would affect the neighbor. (Regrading is required to meet the driveway slope requirement of 12%. By the end of the driveway the two property are at the same grade again.) Jeffrey Cheng, 324 Concord Avenue, shared his support for the proposal. The driveways have been connected for years and he needs to be able to access his driveway and make a three- point turn at the bottom to change directions for safety. Mr. Cheng’s driveway provides access to his basement and much of the mechanical equipment for the home that contractors must be able to access in order to maintain. No additional comments or questions from the audience. No additional questions from the Board. Hearing was closed at 7:22 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Yes). The Board recommended the Applicant put the permissive use agreement that would allow that abutter to pass over the driveway in writing. No further discussion from the Board. The Board of Appeals voted four (4) in favor, zero (0) opposed, and zero (0) in abstention to grant ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-5.1.14 to allow a driveway to be located closer to the lot line than otherwise allowed (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, via Zoom February 13, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Associate Members: Patricia Nelson, Kathryn Roy, and Jeanne Krieger Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Other Business: 1. Minutes from the January 9, 2025 Meeting 2. Minutes from the January 23, 2025 Meeting Ralph shard an update on his presentation to the Planning Board regarding accessory uses and the noise control bylaw. He stated the Planning Board indicated their support for the Article being brought to Town Meeting. The Board of Appeals voted three (3) in favor, zero (0) opposed, and one (1) in abstention to approve the minutes from January 9, 2025 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Abstain). The Board of Appeals voted three (3) in favor, zero (0) opposed, and zero (0) in abstention to approve the minutes from January 23, 2025 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Abstain). The Board voted to Adjourn at 7:28 PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, and Patricia Nelson – Yes).