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HomeMy WebLinkAbout2025-06-12-ZBA-minMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom June 12th, 2025 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 37 Liberty Avenue (ZBA-25-10) 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 and 135-8.4.2 to allow a modification to a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, Photographs, Height Calculation Form, Average Natural Grade Worksheet, Gross Floor Area Calculation Form, and Withdrawal 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, Conservation Director, and the Engineering Department Petitioner: Colin Smith on behalf of Arnav Mukherjee Mr. Clifford moved to approve the request to withdraw the petition without prejudice at 7:04 p.m. Multiple Board members second Mr. Clifford at 7:04 p.m. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to withdraw 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 a modification to a non- conforming structure (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom June 12th, 2025, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 1 Homestead Street (ZBA-25-11) 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 135-8.4.2 to allow a modification to a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, Abutter Support Letters, Gross Floor Area Calculation 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 and Building Commissioner. The Hearing opened at 7:05 p.m. Petitioner: Edilson M Dos Santos on behalf of Mahenderreddy Karla Mr. Karla began his presentation by giving an overview of the current conditions of his home. Mr. Karla then explained that he plans to expand his home for his growing family and for modern living, and expressed his content living in Lexington. Mr. Karla then stated that he has abutter support. Mr. Karla then then explained that he plans to build on the house’s existing non- conformity and will not add any new non-conformities. Mr. Karla then explained his new plan for utilities in his house and addition. Mr. Karla further explained that the current dwelling has an empty space between the house and the garage. Mr. Karla then showed his plans for the new addition and how he plans to say within the non-conformity. Mr. Karla then explained that he addition includes a proposed crawl space between the house and the garage, a structural fill to support the second-floor addition, an expanded kitchen, an additional two bedrooms and bathroom, and moving the laundry room from the basement to the second floor. Mr. Karla then showed the elevations of the addition. No further questions from the Board. No further comments or questions from the Public. No further questions from the Board. Mr. Clifford moved to close the hearing at 7:13 p.m. Multiple members of the Board second Mr. Clifford. The hearing closed at 7:13 p.m. (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). No further discussion from the Board. Mr. Clifford moved to grant the petition at 7:13 p.m. Mr. Cohen second Mr. Clifford at 7:13 p.m. 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 135-8.4.2 to allow a modification to a non-conforming structure (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom June 12th, 2025, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Associate Member: Scott Cooper Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 37 Liberty Avenue (ZBA-25-13) The petitioner is requesting ONE (1) SPECIAL PERMIT AND ONE (1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-8.4.2, and 135-9.2.2(2) to allow a modification to a non-conforming structure and to allow a front yard setback of 17.4 feet instead of the required 25 feet. The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, Photographs, Height Calculation Form, Average Natural Grade Worksheet, Gross Floor Area Calculation Form, and Previously Granted Variance dated April 19th, 2002. 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, Conservation Director, and the Engineering Department. The Hearing opened at 7:15 p.m. Petitioner: Colin Smith on behalf of Arnav Mukherjee Mr. Smith began his presentation by showing that 37 Liberty Ave intersects on two streets and that given the odd lot shape, the property only has a small buildable area. Mr. Smith then explained that the 2002 variance gives the property a little more buildable area, though still limited as of right. Mr. Smith also explained that the proposal has minimally encroached on the setbacks. Mr. Smith then explained the proposal, which includes adding a covered entry to the front and side doors, a car bay on the side of the existing garage, and a second floor. Mr. Smith then showed the elevations of the existing dwelling and the proposed addition. Mr. Smith then highlighted that other challenges to the lot include visibility around the corner and the driveway that pitches down towards the garage. Mr. Smith then explained that increasing the amount of parking garage spaces and off-street parking would benefit the owner and the safety of the intersection. Mr. Cohen asked if the homeowners will run a business out of the second floor or if the homeowners will work from home. Mr. Smith answered that the homeowners will work from home. Mr. Clifford raised the fact that the Board can grant a variance if not granting the variance would case a substantial hardship and asked Mr. Smith what hardship would occur. While Mr. Smith indicated his willingness to answer Mr. Clifford’s question, Mr. Smith also expressed his confusion about the 2002 variance and his two applications for 37 Liberty Avenue. Ms. Lawler clarified the difference between the two applications for 37 Liberty Avenue. Mr. Smith then explained that the lot shape presents a hardship in terms of buildable area. Mr. Smith then stated that the proposal doesn’t set any bad precedent for the neighborhood and that given the challenging setbacks, the proposal will have minimal impact. While Mr. Clifford agreed that the lot shape presents a hardship and satisfies one of the variance’s requisites, Mr. Clifford asked that other hardship would occur should the proposal not get built. Mr. Smith explained that since both of the homeowners work from home they need space to perform their jobs. Mr. Smith also explained that given the challenging intersection, the proposal would prevent cars from parking near the intersection. Mr. Osten asked about the angle of the two streets. Mr. Smith said that he doesn’t know the exact angle but he estimated it close to 65 degrees. Mr. Smith also explained that the planting at the intersection also reduces visibility. Mr. Osten asked if the homeowners had any plans to let the shrubs grow higher. Mr. Smith said that the homeowners currently do not have a plan but would consider one. Mr. Osten concluded by stating that he thinks that intersection poses a safety concern. No further questions from the Board. Mrs. Barbara Tarrh, 47 Liberty Avenue, stated that she supports her neighbors and that the proposal will not exasperate the safety concern will stay within the character of the neighborhood. No further comments or questions from the Public. No further questions from the Board. Mr. Clifford moved to close the hearing at 7:27 p.m. Multiple members of the Board second Mr. Clifford. The hearing closed at 7:28 p.m. (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). For the discussion, Mr. Clifford stated that the Board will have to consider granting the variance separate from the special permit. Mr. Osten stated that he would support the variance for the safety reasons. Mr. Barnert stated that he sees no difference with this variance than the previously granted variance. Mr. Clifford reiterated that the lot shape satisfies the requisite of the variance. Mr. Clifford then stated that the proposal would make the lot less likely to affect the safety of the area. Mr. Clifford then reiterated that a specific substantial hardship must occur should the addition not get built. Mr. Cooper stated that he believes that the previous variance got granted for similar reason. Mr. Copper then stated that except for the shape of the lot, the application would only need a special permit, not a variance. Mr. Clifford stated that the shape of the lot does cause difficulty. No further discussion from the Board. Mr. Clifford moved to grant the variance at 7:34 p.m. Mr. Barnert second Mr. Clifford at 7:34 p.m. The Board of Appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to grant ONE (1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2(2) to allow a front yard setback of 17.4 feet instead of the required 25 feet (a roll call vote took place: Ralph D. Clifford – No, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Mr. Clifford moved to grant the special permit at 7:35 p.m. Mr. Barnert second Mr. Clifford at 7:35 p.m. Mr. Clifford then asked if the Board wanted to impose a condition of maintaining the shrubbery to the reasonable satisfaction of the Building Commissioner. Ms. Wood and Mr. Osten agreed. Mr. Clifford added the condition to the motion that the homeowners must reduce the plants on the intersection of Liberty Avenue and Hamilton Road to reduce traffic safety to the reasonable satisfaction of the Building Commissioner. A roll call vote took place at 7:36 p.m. 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 135-8.4.2 to allow a modification to a non-conforming structure (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom June 12th, 2025, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Associate Members: Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Other Business: 1. Minutes from the May 8th, 2025 Meeting Mr. Clifford moved to approve the minutes from the May 8th, 2025 meeting at 7:37 p.m. Mr. Cohen second Mr. Clifford. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the minutes from the May 8th, 2025 Hearing (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Mr. Clifford moved to adjourn the meeting at 7:37 p.m. Mr. Barnert second Mr. Clifford at 7:37 The Board voted to Adjourn at 7:37 p.m. (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes).