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HomeMy WebLinkAbout2018-05-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room May 24, 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. This is a continuation from the May 10, 2018 hearing. Prior to the meeting, revised plans were received on May 17, 2018 and May 18, 2018. Presenter: Colin Smith, Architect Mr. Smith stated this is a project to allow multi-generational living in the home. The Board had previously concerns about height and driveway setback. He revised the plans by lowering the height by 3 ft. He also reconfigured the driveway to a tandem arrangement and instead of requesting a 6 in setback from the property line, they are asking to continue the existing closest point, which is 3 ft. In addition, they are not planning to prune any of the plants between the driveways. A Board Member, Mr. Williams, asked Mr. Smith if he had considered moving the bulkhead to make room for the driveway (they considered that but it would create a variance situation and they didn't feel like they could prove a significant hardship to justify the variance). Mr. Williams asked if the house has a crawl space or basement (crawl space). A Board Member, Mr. McCarthy, stated that the revised plans are reasonable accommodations to the previous concerns the Board had. Page 1 There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:14 pm. On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board voted 5-0 to grant the 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 2'10" from the side lot line instead of the required 5 ft. and 2.) To allow modification to a non-conforming structure. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room May 24, 2018 Board Members Present: Acting Chairman, Ralph D. Clifford, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, and Associate Member, William P. Kennedy Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 30 Dexter Road 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 a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.3.4 to allow installation of an amateur radio antenna with a total height of 47 ft, instead of the required 40 ft. The Chairwoman opened the hearing at 7:18 pm. Presenter: Michael Barg, Owner Mr. Barg stated that he plans to put a vertical antenna in the corner of his yard in a location so it will put RF radio energy upwards and so he can communicate with other radio operators. He can't put it on the roof because it would require more mass. He is also a disabled veteran so he wouldn't be able to climb onto the roof for maintenance. The tower sections are 10 ft and 9 ft separately. The antenna is a mount that the antenna is stuck into. Mr. Barg presented a photograph to the Board of what the antenna will look like. The mast itself mounts in reinforced concrete and an adapter mounts to that base and will be able to rotate towards the ground so he can work on it. If it was up against the house, it would have to be taller and would be more difficult to work on. A Board Member, Mr. McCarthy, asked if the radio is a hobby for Mr. Barg (yes). Mr. McCarthy asked if he has an FCC license (yes). Mr. McCarthy asked if Mr. Barg had looked into different styles of antenna, particularly ones that resembled trees (Mr. Barg responded that other types of antenna would be too large for his small lot and he wouldn't be able to rotate it. The proposed antenna is smaller and will fit in a radius of 13 in.) Page 3 A Board Member, Ms. Krieger, asked if any trees would have to be removed to place the antenna (no). A Board Member Associate, Mr. Kennedy, asked if the stump in the backyard will be removed (no, it's not in the way). Mr. Kennedy asked Mr. Barg if he will need a building permit (yes). Mr. Williams asked if he has talked to his neighbors about this (no, he sent letters to them but it's not going to interfere with anything they are doing). Mr. Williams stated that he would like to see the antenna at least 5 ft from the side property line (Mr. Barg responded that he has a small lot which makes it difficult to work with but he may be able to accommodate that). A Board Member, Mr. Clifford, asked why the antenna can't be placed within the normal setbacks of the lot (he needs to keep it as far away from the house as possible). Mr. Clifford asked what the side-yard setback requirement is (10 ft). Mr. Clifford asked how close to the house can the antenna be (he won't know the answer without measuring it and he needs to keep it as far away from the house as possible). Mr. Clifford asked Mr. Barg if the antenna would be just as effective if it was smaller (no, it's just small enough to fit within the property and be effective). Mr. Williams asked if we have any reports from the Communication Advisory Committee (Mr. George stated the Committee would not comment on an amateur radio antenna). Ms. Krieger stated that if they were to say that it was 5 ft from the back and side, would it diminish the effectiveness of the antenna (no, but it would take up more room in the yard and he wants to keep the RF energy away from the house so the antenna would be more effective). The applicant requested a waiver to the requirement of a certified plot plan and marked up the plot plan to show that the setback of the antenna would be 5 ft from the property line. No questions or comments from the audience. There were no further questions or comments from the Board. On a Motion made and seconded, the Board voted to close the hearing at 7:33 pm. On a motion by Jeanne K. Krieger, and seconded by William P. Kennedy, the Board voted 5-0 to waive the requirement of a certified plot plan. On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.3.4 to allow installation of an amateur radio antenna with a total height of 47 ft, instead of the required 40 ft. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room May 24, 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: 52 Taft Avenue 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 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 7:37 pm. Presenter: Bill Erickson, architect Mr. Erickson handed out a memorandum in response to the Zoning Administrator's comments. He stated that the homeowners are proposing to reconstruct the mudroom and renovation and expand the kitchen and dining area to make the home more functional for a family with 3 children. It will be an increase to the structure of 210 sq ft. The house is 1000 sq ft under the allowable gross floor area allowance. The shortest setback on the property will be 8 ft. Mr. Clifford asked if it's moving closer to the existing property line (the intent is to not move it closer). There were no questions or comments from the audience. On a motion made and seconded, the Board voted to close the hearing at 7:43 pm. On a motion by Edward D. McCarthy, and seconded by Jeanne K. Krieger, 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. Page 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room May 24, 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: 351 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification, Plans, and Photographs. Other information submitted was a Request for Waiver of the requirement of a certified plot plan, and a letter from the Design Advisory Committee (DAC), dated May 22, 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 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 135-5.2.4.1 to allow an internally illuminated wall sign. The applicant was not present for the hearing. On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a postponement of the hearing to the June 14, 2018 meeting. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room May 24, 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: 130 Waltham Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Other information submitted was a Request for Waiver of the requirement of a certified plot plan, and a letter from the Design Advisory Committee (DAC), dated May 22, 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 Conservation Administrator and Zoning Administrator. The petitioner is requesting FOUR SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) and sections 135-9.4, 135-5.2.10, and 135-5.2.4.1 to allow more or larger signs than otherwise allowed and internal illlumination of certain signage, in particular: 5 wall signs, 1 of which would be internally illuminated, 1 externally illuminated standing sign, and 2 sandwich board signs. The Chairwoman opened the hearing at 7:45 pm. Presenters: Tracey Fischer and Louise Hara Ms. Fischer and Ms. Hara serve as co-presidents of the Arts and Crafts Society. They are a non-profit education organization and have had the same location since 1956 and have been active in Lexington since 1935. They are located in the residential district and within 500 ft of the commercial district. They have many special permits for signs and overall are stylistically inconsistent. The current proposed signage will take the place of all previously granted special permits and is part of a larger project to make themselves more known to the community. Their goal is to communicate their image more clearly while being in harmony with the neighborhood. They will also be putting new benches and plants on the front of the property. The Design Advisory Committee (DAC) supported their proposal. They are also going thru a branding change and are in the process of changing their name from LACS to LexArt. They are Page 7 also requesting a waiver to the requirement of a certified plot plan. They agreed to comply with all the DAC comments and are withdrawing 2 of the signs and lowering the standing sign to 7 ft 10 in. They provided details on original document to hardline drawings on A-600, it shows the lights that point into the sign for external illumination. The LED panel is a single sheet with illuminated letters. All of the lighting is on a timer. There will be rope LEDs on the back side of the panel. The freestanding sign is similar to what they have existing. They need sandwich board signs for 1 day programs or time sensitive messages as they occasionally hold events that are separate from the gallery. The proposed banner is for a 2 week period. Ms. Fischer passed out a calendar of events to show how busy they are throughout the year. Overall, they will be eliminating the teardrop signs to help. Ms. Wood asked if they are going to follow the recommendations of the DAC (yes). Ms. Wood asked if they are illuminating signs F & G (Yes. Sign E has no lighting at all. Sign D is internally illuminated. Sign B is the event banner). Mr. Williams asked how long the sandwich boards will be displayed (They would only be up during an event). The Board asked what the banner is made of (perforated vinyl and it will be bracketed off the wall. At this point, they don't have a design). Ms. Krieger asked if they would eliminate the sign that says "Open" (no). Mr. George stated that the open sign may be historical. The Board would need to supersede all the previously approved signs except for the open sign. Ms. Wood asked if Sign E is the gallery sign (yes, they want to put up new lettering that would match the signage. They would be cut out of metal and put on a strip). Mr. Williams stated that he doesn't like sandwich boards (the applicants agree but hopefully she will able to put tasteful sandwich boards. The banner is a longer term exhibit. Sandwich Boards would be used in conjunction with the banner for speakers and lectures). The Board asked if people come into the center from off the street (Yes). Ms. Krieger asked how many times the sandwich boards are out (a few times a year). Mr. Clifford asked for clarification on the signs (for Sign A, they agree to follow the DAC guidelines; for Sign B, it will be 12 ft long and 5.5 ft tall and non-illuminated; for Sign D, it is the same sign on drawing A 603 and is the only sign with LED lighting on the back). Ms. Krieger asked what the proposed hours of illumination are for Sign D (during gallery hours). Ms. Krieger asked if a condition for lighting to not to be on after 9pm would be okay (yes). No questions or concerns from the audience. The Board made a motion and seconded to close the hearing. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 5-0 to grant a waiver to the requirement of a certified plot plan. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 5-0 to grant FOUR SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) and sections 135-9.4, 135-5.2.10, and 135- 5.2.4.1 to allow more or larger signs than otherwise allowed and internal illlumination of certain signage, in particular: 5 wall signs, 1 of which would be internally illuminated, 1 externally illuminated standing sign, and 2 sandwich board signs with the following conditions: 1. Signs A and D as reflected on the plans will not be illuminated past 10pm. 2. Any sandwich boards shall be taken in at the end of each day. 3. This approval supersedes all previous approvals except for the "open" sign. 4. The recommendations of the DAC have been adopted. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room May 24, 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 May 10, 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 May 10, 2018. On a motion made and seconded, the meeting was adjourned. Page 10