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HomeMy WebLinkAbout2018-06-28-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 28, 2018 Board Members Present: Acting Chairman — Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, and Associate Members Nyles N. Barnert and William P. Kennedy Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 30 Vine Brook Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also received was a request for a waiver of the requirement of a certified plot plan. 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 135-8.4.2 to allow modification to a non-conforming structure. The Chairman opened the hearing at 7:02 pm. Presenter: Colin Smith, Architect Mr. Smith presented the petition. Mr. Smith stated that he included photos in the Board's packets of the damaged green house. The green house is an existing non- conforming structure. They want to re-build the structure as a four-season room on the existing foundation. The roof overhangs will be different from the previous green house. The eave overhang will be 11 ft instead of 12.1 ft. The owners have reviewed this with the most direct abutter, who is not opposed. There were no questions or comments from the audience. There were no questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:06 pm. On a motion by Nyles N. Barnert, and seconded by Jeanne K. Krieger, the Board voted 5-0 to waive the requirement of a certified plot plan. On a motion by Jeanne K. Krieger, and seconded by William P. Kennedy, the Board voted 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law Page 1 (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 28, 2018 Board Members Present: Acting Chairman — Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, and Associate Members Nyles N. Barnert and James A. Osten 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, 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 Engineering Department 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 135-9.4, 135-6.7.6, 135-5.1.14, and 135-5.1.4, to allow an Expanded Accessory Apartment and to allow 2 parking spaces instead of the required 3. The Chairman opened the hearing at 7:07 pm. Presenter: Colin Smith, Architect Mr. Smith stated that they received a Special Permit for expanding an existing setback about a month ago. Since that approval, the applicant is requesting that they add a small kitchen to the addition so it will be classified as an accessory apartment in the zoning bylaw. Because this would be an accessory apartment in a new addition, a Special Permit is needed. It's 22% of the building area (522 sq ft) and will have 1 bedroom. Secondly, an accessory apartment requires its own parking space. They request relief from the 3rd space requirement because they don't want to pave the front yard. A Board Member Associate, Mr. Barnert, asked if he would object to a condition that only a family member could live there (no objection). A Board Member, Mr. Williams, stated that once the homeowner moves out, his concern is that someone will move in and rent out the space. More cars may be parked there in the future. He is in favor of the Accessory apartment but against the parking space waiver (Mr. Smith stated that in the plan they provided, they showed how a 3rd car could fit in 2 different ways on the lot. Because of the situation and the Page 3 person living there not being able to drive much longer, the car could be accommodated). Mr. Williams said that when the person moves out, they may rent it out to someone else. A Board Member, Ms. Krieger asked if they can make a condition that the applicant needs to renew the Special Permit so they can review how the accessory apartment is being used. Mr. Williams stated he agrees with Ms. Krieger. Mr. Barnert stated that if the kitchenette wasn't there, there could still be 3 cars. Mr. Smith stated that there is only 1 bathroom on the first floor because they share it so it isn't technically a dwelling unit. Mr. George told him that it is because there is a bathroom on the 2nd floor. It's a modest proposal and the applicant wouldn't have an issue with a term limit. Mr. Osten asked for clarification on the definition of an accessory apartment (Mr. Smith said it's an accessory apartment because it has a living room, bedroom, and kitchenette. There is also a bathroom shared on the first floor). Mr. Osten asked Mr. Smith what the size of the apartment is (532 sq ft). Mr. Osten asked if the master bedroom, closet, is part of the addition (yes). Mr. Clifford asked if there will be 3 cars associated with the accessory apartment (they only have 2 cars). Mr. Clifford asked if the client would accept a limitation of only 2 cars (yes, and when it expires they could re-visit it if needed). 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 7:20 pm. On a motion by Nyles N. Barnert, and seconded by Jeanne K. Krieger, the Board voted 4-1 (with David G. Williams in opposition) to waive the requirement of a certified plot plan. On a motion by Jeanne K. Krieger, and seconded by Nyles N. Barnert, the Board voted 5-0 to approve the TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-6.7.6, 135- 5.1.14, and 135-5.1.4, to allow an Expanded Accessory Apartment and to allow 2 parking spaces instead of the required 3 with the following conditions: 1. No more than 2 cars parked at the property; 2. The Special Permits will expire after 2 years; 3. A family member must occupy the Accessory Apartment. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 28, 2018 Board Members Present: Acting Chairman — Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, and Associate Members Nyles N. Barnert and James A. Osten Alternate Present: William P. Kennedy Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Other Business: 1) Minutes of Meetings from the June 14, 2018 Hearing On a motion by Jeanne K. Krieger, and seconded by James A. Osten, the Board voted 5-0, to approve the minutes of June 14, 2018. On a motion made and seconded, the meeting was adjourned. Page 5