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HomeMy WebLinkAbout2018-01-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 25, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: David George, Zoning Administrator Address: 905C Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also submitted were 2 letters in opposition, received January 24, 2018, a letter from David Kelland representing the Historical Commission, received January 24, 2018, and a Request for Withdrawal without Prejudice, dated January 25, 2018, signed by the owner, Michael Shields, along with a letter stating the reason for the request. 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, Engineering Office, Planning Office, Historic Districts Commission, and Zoning Administrator. The petitioner is requesting a FINDING in accordance with Mass. Gen. L. ch. 40A, section 16 that specific and material changes have occurred in the conditions upon which the unfavorable decision of December 14, 2017 was based. The owner of the property, Michael Shields, submitted a request for a Withdrawal without Prejudice, dated January 25, 2018. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the Request for Withdrawal without Prejudice, dated January 25, 2018. Page 1 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 25, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: David George, Zoning Administrator Address: 23 Dane Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, 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, Health Department, and Zoning Administrator. The petitioner is requesting a MODIFICATION OF A VARIANCE, DATED OCTOBER 27, 1959 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 side yard setback of 14' 6" instead of the required 15'. The Chairwoman opened the hearing at 7:08 pm. Presenters: Mr. William Schroeder, owner of 23 Dane Road; and Mr. Matthew Sekula, contractor Mr. Sekula stated that the foundation sits 6 inches into the 15 ft setback. They received a building permit for the house with a jog in the building. They are requesting to continue the 14'6" for the 2nd story of the home. The Chairwoman, Ms. Wood, asked if the 14' setback includes the overhang (yes). A Board Member, Mr. Clifford, asked if the existing house was demolished (yes, but they left the foundation). Mr. Clifford stated that he is considering the petition as a new variance request. The original variance was specific in allowing them to maintain the existing building. Mr. Clifford asked the applicant if the shape of the lot, the soil conditions, or topological issues justify a variance (Mr. Schroeder responded that they are requesting the variance because they want to keep the existing foundation). Mr. Clifford stated that it looks like the original variance was granted due to a mistake in construction so this would be a good opportunity to correct it and make it comply with zoning (Mr. Sekula stated that they don't know the soil conditions because they are not removing the foundation. They are looking to keep the 14'6" setback with the second story. It would be a large expense to remove that part of the foundation to correct the zoning issue). A Board Member, Ms. Krieger, asked for an explanation of what the hardship is for not being able to correct the setback to 15 ft (Mr. Sekula responded that it would be an unnecessary expense to dig up the foundation in that area and move the wall 6" from the property line). A Board Member, Mr. Williams, asked the applicant why they are keeping the original foundation (it was more cost effective to keep the foundation). Mr. Williams stated that it will have more impact on the neighbors now that it will be a taller structure. An audience member, Mr. Joseph Nissenbaum of 20 Dane Road, spoke in favor of the petition. He stated that in the Dane Road area there are many inaccurate plot plans due to surveyor errors. An audience member, Ms. Juliet Williams of 25 Dane Road, stated that she had submitted a letter in opposition to the petition. She stated that she is in opposition because the structure will be significantly larger than the other homes in the area and the setback requirement should be followed. Ms. Wendy Thai, the co-owner of 23 Dane Road, stated that there is a significant financial hardship since it would cost an additional $14,000 to correct the setback error. They want to use the existing foundation because it is in good condition and doesn't need to be replaced. An audience member, Ms. Williams, stated that there may be other financial implications for their home at 25 Dane Road as well if 23 Dane Road was built closer to the property line than allowed. Mr. Williams asked for clarification on where the issue is on the structure (the contractor stated the problem is in the back corner of the house, not the front). Mr. Williams stated that this may be punitive but there are rules that need to be followed. The Board Alternate, Mr. Osten, asked if the measurement of 14'6" is to the overhang (yes), and how large the overhang is (about 5"). Mr. Osten asked if an overhang required by building code (no, but aesthetically they would need to have it there). Mr. Osten asked what the setback is to the foundation (14'11"). Mr. Sekula, stated that he doesn't think the house being within the 15' setback would be detrimental to the value of the home at 25 Dane Road, as stated by the audience member, Ms. Williams. The only way it would affect the neighbor is if they had to correct the foundation, it would visually impact the neighbor because it would look strange on the outside. It would be unreasonable to ask the applicants to spend the $14,000 to correct the setback. Mr. Schroeder stated they are not asking to move closer to the property line, they are asking to stay with the same property line. The January 25, 2018 ZBA Meeting Page 3 house they are asking to build complies with the requirements of the Town and he doesn't think their request is unreasonable. There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:43 pm. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 0-5 to grant the MODIFICATION OF A VARIANCE, DATED OCTOBER 27, 1959 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 side yard setback of 14' 6" instead of the required 15'. A 4-1 vote was need and therefore the petition was denied. January 25, 2018 ZBA Meeting Page 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 25, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, and Ralph D. Clifford Alternate Present: James A. Osten Administrative Staff: David George, Zoning Administrator Other Business: 1) Minutes of Meetings from December 14, 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 December 14, 2017. On a motion made and seconded, the meeting was adjourned. Page 5