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HomeMy WebLinkAbout2025-04-10-ZBA-minMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, via Zoom April 10th, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, James A. Osten, and Associate Member Jennifer Wilson Administrative Staff: Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 1265 Massachusetts Avenue (Record # ZBA-25-7) 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 135-8.3, to allow modification to a non-conforming structure other than a one-family or two-family structure. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Photographs, Demo/Erosion Control Plans, Notice of Intent Site Plan, and Notice of Intent Details. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, the Health Department, 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 the Town Engineer. The hearing opened at 7:03 PM. Petitioner: Michael Novak on Behalf of Site One Frederick Gilgun presented the petition on behalf of Mr. Novak Mr. Gilgun began the presentation by explaining that Site One seeks a special permit for 1265 Mass. Ave., a property located in a RO zone. Mr. Gilgun further explained that Site One seeks this special permit, pursuant to Section 8.3 and Section 9.4, to allow for the reconstruction and relocation of a pre-existing non-conforming structure. Mr. Gilgun then explained that the special permit request relates to one of the green houses in significant disrepair. Mr. Gilgun explained that Site One plans to reconstruct the greenhouse and relocate it 17.2 feet from the property line at its nearest point. Mr. Gilgun then explained that the greenhouse falls subject to table 2 of the Zoning Code which requires an additional side yard setback based on the formula using the number of acres, which for 1265 Mass. Ave. calculates out to 51 feet. Mr. Gilgun then explained that the wetlands in the area had influenced the greenhouse’s location. Mr. Gilgun then concluded by stating that the greenhouse will comply with all other aspects of the bylaw, that the greenhouse will continue its current use, and that the adverse effects will not out way the beneficial impacts. Mr. Osten asked Mr. Gilgun when the existing greenhouse dates from. Mr. Gilgun called on Mr. Fargo, who Mr. Gilgun invited, to answer Mr. Osten’s question. Mr. Fargo responded that while he does not have an exact date, the greenhouse most likely dates back 20-25 years. Mr. Osten then states that he believes that the construction of the greenhouse took place when the wetlands and the house nearby did not pose an issue. Mr. Barnert asked about the possibility of installing landscape screening on the property boundary. Mr. Fargo responded by stating that they have plans to do planting remediation along the sides of the property. Mr. Barnert then asked about their time frame, to which Mr. Fargo responded that ideally, they like to begin within the next six months. Ms. Wilson asked about the reasoning for putting the new structure further away. Mr. Fargo responded by explaining the size of the structure remains flexible and scalable based on where it will ultimately land and the setback requirements. Mr. Fargo further explained that based on the initial plot plan, they found that the existing structure already encroaches on the 15-foot set back on the rear corner setback map. Mr. Fargo explained that they plan to make the greenhouse more in compliance with the setbacks and to make the greenhouse more functionable. Mr. Clifford then raised the matter of putting in a condition of installing landscape screening on the property boundary, which Mr. Fargo deemed reasonable. No additional questions from the Board. No comments or questions from the public. Mr. Clifford clarified that the matter also stood before the Conservation Commission, to which Mr. Gulgun affirmed. Mr. Clifford then stated Conservation approval will constitute another condition. No additional questions from the Board. Mr. Clifford then moved to close the hearing. Mr. Barnert second Mr. Clifford The hearing closed at 7:15 p.m. (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). No further discussion from the Board. Mr. Clifford moved to grant the special permit at 7:15 with the conditions of installing landscape screening on the property boundary and Conservation Commission approval. Mr. Barnert.second Mr. Clifford. The Board of Appeals voted five (5) 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 135-8.3 to allow modification to a nonconforming structure other than a one-family or two family structure (a roll call vote took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, via Zoom April 10th, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, James A. Osten, and Associate Member Jennifer Wilson Administrative Staff: Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 26 Rindge Avenue (Record # ZBA-25-5) 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 135-4.4.3 to allow modification to a non-conforming structure and to allow more GFA than otherwise allowed. The petitioner is requesting to WITHDRAW WITHOUT PREJUDICE ONE (1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135- 9.2.2(2) and 135-10.1 “Story, Half” to allow a half story to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Floor Plan, Elevations, Photographs, Gross Floor Area Calculations, Certified Plot Plan Waiver Request, Lot Size Comparisons, Height Calculation Form, Reasons and Justification Letter, Three-Dimensional Proposal Images, Continuance Request Form dated March 3rd, 2025, Withdrawal Request Form for Variance dated March 28th, 2025, and Letters of Support from Abutters. 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. Also received were Mullins Rule Exception forms filed by James A. Osten and Jennifer Wilson. The hearing opened on February 27th, 2025, and continued to April 10th, 2025. The hearing opened at 7:15 p.m. Petitioner: William Erickson, BFE Architecture William Erickson presented the petition on behalf of James Luker and Jennifer Zacharis Mr. Erickson began his presentation by explaining the house’s current use and need for more space. Mr. Erickson then continued his presentation by explaining that while Rindge Avenue consists of properties of various lots sizes, the houses themselves remain pretty consistent. Mr. Erickson then identified that some of the houses surrounding Rindge Avenue have undergone reconstructed and have significantly changed from the original structure. Mr. Erickson then explained the house’s current conforming and nonconforming setbacks, and then explained the proposal. Mr. Erickson explained that the proposed addition would conform with all the setback requirements and that the second floor has a slight change from the first proposal. Mr. Erickson explained that the second-floor proposal will give a little more space to the primary bedroom and serves as critical for the 40% calculation of the half story. For the half story, Mr. Erickson explained that they had tightened up the plans. Mr. Erickson then explains that the plans conform with the number of stories as defined by the zoning code and conforms with the height limitation. Mr. Erickson concludes his presentation by stating that the plans would remain within the character with the neighborhood and that neighbors have expressed their support. Mr. Barnert asked how much of the GFA do they plan to exceed, to which Mr. Erickson said that they will exceed the GFA by less than 5%. Mr. Osten asked Mr. Erickson to confirm that the second car parks between the garage and the street, which Mr. Erickson affirmed. Mr. Erickson explained that the garage, built in the 40s, does not function well today. Mr. Erickson explains that the currently, the basement does not meet the egress requirements. Mr. Erickson further explains that with the improvements that they plan to do, they would meet the egress requirement by adding a door in the basement, and the garage would function a little better. No further questions from members of the Board. No comments or questions from the public. No additional questions from the Board. No closing comment from Mr. Erickson. Mr. Clifford moved to close the hearing at 7:34 p.m. Mr. Osten second Mr. Clifford The hearing closed at 7:34 PM. (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). The Board deemed Mr. Erickson’s request as reasonable. Mr. Clifford moved to accept the withdrawal without prejudice of the variance. Mr. Barnert second Mr. Clifford The Board of Appeals voted four (5) in favor, zero (0) opposed, and zero (0) in abstention to WITHDRAW WITHOUT PREJUDICE ONE (1) VARIANCE in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) section(s) 135-9.2.2(2) and 135-10.1 “Story, Half” to allow a half story to be larger than otherwise allowed (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). Mr. Clifford moved to accept the plot plan waiver. Ms. Wood second Mr. Clifford The Board of Appeals voted four (5) in favor, zero (0) opposed, and zero (0) in abstention Mr. Clifford moved to accept the plot plan waiver (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). Mr. Clifford moved to grant the two special permits. Ms. Wood and Mr. Barnert second Mr. Clifford. No discussion by the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification to a nonconforming structure, and 135-4.4.3 to allow more GFA than otherwise allowed (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom April 10th, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, James A. Osten, and Associate Member Jennifer Wilson Administrative Staff: Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 46 Lowell Street (ZBA-24-39) The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 , 135-5.1.14, and 135-5.1.11(1) to allow a driveway to be zero (0) feet from the property line instead of the required five (5) feet. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Driveway Layout Plan, Driveway Contract, Abutter Opposition Letters and Exhibits, and a Continuance Form. 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 Engineering Department. The hearing opened at 7:36 PM. Petitioner: Bin Zhang The petitioner has filed a request for continuance to the May 8th, 2025 meeting. Mr. Clifford moved to grant the continuance. Mr. Osten second Mr. Clifford No further discussion from the Board The Board of Appeals voted to grant a continuance until the May 8th, 2025 ZBA Meeting (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, via Zoom April 10th, 2025, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, James A. Osten, and Associate Member Jennifer Wilson Administrative Staff: Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Other Business: 1. Minutes from the February 27th, 2025 Meeting 2. Minutes from the March 23rd, 2025 Meeting Mr. Clifford moved to approve the February 27th, 2025 minutes, and the March 13th, 2025 minutes. Mr. Barnert second Mr. Clifford No discussion from the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the minutes from February 27th, 2025 Hearing (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the minutes from March 13th, 2025 Hearing (a roll call took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes). Mr. Clifford asked if the Board had any other matters to discuss. Mr. Osten asked about fee schedules and rules for 40B. Ms. Lawler explained that the fee schedule includes comprehensive permits and that Chapter 138 includes a small section of requirements for comprehensive permits. The Board also discussed the procedures for hiring consultants. Karen Martin, an abutter to 1265 Massachusetts Avenue, joined late and asked about the outcome of the hearing. Mr. Clifford explained that Site One plans to renovate the greenhouse and move it in towards the center of the property. Mr. Clifford also explained the conditions. Mr. Clifford moved to Adjourn at 7:47 p.m. Ms. Wood second Mr. Clifford. The Board voted to Adjourn at 7:47 p.m. (a roll call vote took place: Ralph D. Clifford– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, James A. Osten – Yes, and Jennifer Wilson – Yes).