HomeMy WebLinkAbout2018-05-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
May 10, 2018
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G.
Williams, Ralph D. Clifford, and Associate Member William P. Kennedy
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Address: 1 Vine Brook Road
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Floor Plans, and Photographs. Also received were Gross Floor
Area Calculations and two (2) 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 Health Department, Historic Districts Commission, and Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2, to allow
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:06 pm.
Presenter: John Vining, Feinmann Inc.
Mr. Vining stated that the home has a pre-existing, non-conforming front setback. The
proposed renovation doesn't exceed the allowed height and fits within the gross floor
area allowance.
A Board Member Associate, Mr. Kennedy, asked where the people live that are on the
letters of support (they are abutters but he is not sure of the address).
There were no questions or comments from the audience.
On a motion made and seconded, the Board voted to close the hearing at 7:10 pm.
On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board
voted 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2, to allow
modification to a non-conforming structure.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
May 10, 2018
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: William P. Kennedy
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Address: 23 Cottage Street
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 Planning Office and Zoning Administrator.
The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.1.1, 135-5.1.14,
135-8.4.2, and 135-9.4 to allow 1.) The driveway to be located 0.5 ft. from the side lot
line instead of the required 5 ft. and 2.) To allow modification to a non-conforming
structure.
The Chairwoman opened the hearing at 7:11 pm.
Presenter: Mr. Colin Smith, Architect
Mr. Smith is representing the owners in their petition. The house is existing non-
conforming. They are proposing a 2-story addition that meets the gross floor area
allowance. They are seeking relief from the side yard setback and the front. The
driveway is also existing, non-conforming. Cottage Street is an unaccepted street so
they can't build more than 1000 sq. ft., so they are at 999 sq. ft.
A Board Member, Mr. Williams, asked why they can't design the driveway so that it
conforms to the setback requirement (they want to be able to put the cars side by side
in the driveway for traffic flow reasons. If they complied with the 5 ft setback, they
wouldn't be able to fit the cars side by side. The bedrooms proposed in the addition
are already at a minimum, so they wouldn't be able to make them smaller to be able to
move the driveway).
The Chairwoman, Ms. Wood, asked which property the hedge next to the driveway
belongs to (the hedge is on the property line between the 2 properties).
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Mr. Williams asked if they pruned the hedge, would they be able to move the driveway
and fit the 2 cars (possibly but it wouldn't make a big difference).
A Board Member, Mr. Clifford, stated he has concerns with how close the driveway is
to the neighbor.
A Board Member, Ms. Krieger, asked Mr. Smith how the height of the building
compares to the surrounding homes (he doesn't have information on the heights of the
adjacent structures but many of the homes are 2.5 stories. The proposed height will
match the existing ridge height). Ms. Krieger asked Mr. Smith if the ridge or pitch
could be lowered (yes, it's currently 2.5 ft lower than the existing ridge).
Mr. Smith stated that the homeowner reached out to the four (4) most direct abutters
and they were all okay with the project.
Mr. Williams mentioned that they may want to continue the hearing to comply with the
comments the Board has.
Mr. Smith agreed to come back with revised plans for the Board to review.
No questions or comments from the audience.
The applicant request to continue the hearing until May 24, 2018.
On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board
voted 5-0 to continue the hearing to May 24, 2018.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
May 10, 2018
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: William P. Kennedy
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Address: 43 Wachusett Drive
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, Elevations, and Floor Plans. Other
information submitted was a Request for Waiver of the requirement of a certified plot
plan, letter of support, dated May 7, 2018, and a letter of opposition, dated May 10,
2018.
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 Planning Office and Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT to allow the driveway to be located 2
ft. from the right-side lot line instead of the required 5 ft., per 135-5.1.11, 135-5.1.14,
and 135-9.4; A VARIANCE to allow a right side-yard setback of 5 ft instead of the
required 10 ft., per 135-8.4.1 and 135-9.2.2.2; and A VARIANCE to allow a rear-yard
setback of 7 ft instead of the required 15 ft., per 135-4.1.1: Table 2— Schedule of
Dimensional Controls and 135-9.2.2.2..
The Chairwoman opened the hearing at 7:30 pm.
Presenter: Brad Libby, owner
Mr. Libby stated that the garage was built in 1930 and is has a pre-existing, non-
conforming setback of 7 ft from the side property line. He is proposing to construct a
new garage. He is seeking variances for the new location of the garage. There is an
existing deck on the back of the property so they are unable to move the garage
towards there. He had looked into building a one-car garage instead but he would
have still needed a variance. He choose a side by side garage because it is more in
keeping with what's in the neighborhood and the Town. If the garage was moved
closer to the back of the property, he wouldn't be able to access the 2nd bay. Also, if
the garage was placed in the back of the property, he wouldn't be able to get a car out
of the garage.
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The Chairwoman, Ms. Wood, asked how far the driveway is currently from the property
line (2 ft but he is planning to reconstruct it so that as it gets further into the property, it
will be 5 ft away from the property line). Ms. Wood asked if there are stairs inside the
garage to the 2nd level (yes, they will go up to a storage area). Ms. Wood asked how
wide the stairs are (4 ft).
Mr. Libby stated that he had come before the Board a couple of years ago with a
larger garage proposed and he has now designed it to be smaller. Mr. Libby also
stated that he has a letter of support from the neighbor that would be most affected.
A Board Member, Mr. Clifford, asked if the deck stairs could be relocated so that the
garage could be placed farther away from the property line (relocating the stairs would
require a lot of grading due to the slope of the lot). Mr. Clifford asked the applicant how
much the slope is (4 ft from where the deck is to the back of the property). Mr. Clifford
asked if there are other issues on the lot with soil or wetland conditions (no).
A Board Member, Mr. Williams, stated that the lot is small and constrained and he
would be more agreeable to a 1 car garage.
Mr. Libby stated that some of the houses in the neighborhood have 1 garage or no
garage but they were built in the 1960s. Some of the houses in the neighborhood
have received variances for 2 car garages. Mr. Libby stated that his neighbors are in
agreement with it.
Ms. Wood asked if he is aware of an abutting neighbor in opposition (yes).
An audience member, Ms. Barbara Schafer, asked if the applicant had given
consideration to reconfiguring the deck so that the garage can be moved further from
the property line (Mr. Libby hasn't looked at reconfiguring the deck in detail).
An audience member, Ms. Marci Cemenska of 59 Outlook Drive, stated that she wrote
the letter in opposition and is in opposition to the variances because the hardship isn't
justified.
Mr. Libby stated that the slope isn't unique to his property, but they are in an old
neighborhood that has a variety of houses without garages, 1 car garages, and
additions with 2 car garages.
The Board collectively agreed that they would not support the petition as proposed.
Mr. Clifford stated that he doesn't see a compelling hardship to justify the variances.
He is not convinced that he wouldn't be able to place the garage within all the
setbacks.
Mr. Libby asked if either setback is acceptable (Not as currently planned).
The Board stated that if they continued the hearing, they would have to see revised
plans. The closer you are to zoning compliance, the happier the Board would be.
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There were no additional questions or comments from the audience.
The applicant requested a Withdrawal without Prejudice.
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 May 10, 2018.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
May 10, 2018
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: William P. Kennedy
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Other Business:
1) Minutes of Meetings from April 12, 2018 Hearing
On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board
voted 5-0, to approve the minutes of April 12, 2018.
On a motion made and seconded, the meeting was adjourned.
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