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HomeMy WebLinkAbout2018-10-25-ZBA-min Selectmen's Meetinq Room October 25, 2018 Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger, David G. Williams and Norman P. Cohen Alternate Present: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 11 Vinebrook 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 Conservation Administrator, Health Department, Historical 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 Chairman opened the hearing at 7:00 pm. Presenter: Mr. William Erickson, Architect and Mr. Paul Sramowicz, Contractor Mr. Erickson described the plan for the new construction of 11 Vine Brook Road. The special permit would allow for encroachment on the front setback in order to alleviate space for all rooms in the home. Currently, the back setback of the home must remain as planned in order to comply with restrictions from the Conservation Commission. Mr. Erickson continued to explain that by alleviating space with the special permit it would give the house more scale. A Board Member, Ms. Jeanne K. Krieger, inquired about the status of the current Conservation Commission filing (Mr. Erickson stated that they are anticipating that the hearing will be closed at the following Conservation Commission meeting on Monday, October 291h) A Board Member, Mr. David G. Williams, asked Mr. Erickson to describe the proposed construction of the sides of the house (Mr. Erickson confirmed that they are conforming to the side setbacks). Mr. Williams asked to clarify how the proposed home would comply with the Conservation buffer zone regulations (Mr. Erickson explained that the proposed patio in the rear of the house will be a pervious surface which has been approved by the Commission thus far). Mr. Williams stated his concern regarding the size of the proposed house (Mr. Erickson responded by stating that the proposed house is currently 12-15% in size under the allowable size). A Board Member, Mr. Norman P. Cohen, asked when the last time this house was occupied (Mr. Sramowicz, the owner and builder of 11 Vinebrook Road, stated that the house was last occupied over 20 years ago). The Chairman, Mr. Ralph D. Clifford, raised his concern about the Conservation filing (Mr. Sramowicz stated that the Conservation Commission wished to see a 3 inch retraction from the rear set back in order to give a larger buffer zone). Mr. Clifford asked to clarify which foundation wall they were planning on keeping since they are applying under a special permit (Mr. Erickson stated that the intention of the project is to rebuild the entire house). Mr. Clifford asked to clarify the situation since preservation of a foundation wall is crucial to determining whether or not this proposed construction qualifies as a special permit or a variance (Mr. Erickson stated that they originally had consulted with former Zoning Administrator, David George). Ms. Jennifer Gingras, the current Zoning Administrator, confirmed that it was her understanding that they were keeping a portion of the foundation wall. Mr. Erickson and Mr. Sramowicz stated that they are going to reassess the possibility of keeping the foundation wall. Mr. Erickson stated that they have obtained approval from the Historic Commission to demolish the home. There was discussion among the Board whether or not the builders would be able to begin work if the ZBA decision is either continued or re-applied for. Mr. Clifford clarified that if they are unable to keep a foundational wall then Mr. Erickson and Mr. Sramowicz would have to reapply under a variance as opposed to a special permit. Mr. Erickson requested a continuance to the November 8, 2018 zoning board of appeals meeting. On a motion by Jeanne Krieger and seconded by Norman Cohen, the Board voted 5-0 in favor of continuing the hearing of 11 Vine Brook Road to the meeting on November 8, 2018. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room October 25, 2018 Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger, David G. Williams and Norman P. Cohen Alternate Present: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 4 Rowland Ave. 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 Conservation Administrator, Health Department, Historical 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 Chairman opened the hearing at 7:43 pm. Presenters: Ms. Krisoula Varoudakis, Architect and Patrick and Laura Swanson, homeowners Ms. Varoudakis explained the proposed work for a back deck. They are maintaining the rear setback and installing an additional door. A Board Member, Mr. Williams, inquired about the ownership of the side yard fence (Mr. Swanson confirmed that it is their fence. He continued to explain that it is their goal to improve the overall flow of the house). The Board Members raised concern over the length of the side yards. Mr. Swanson explained that between his house and the neighboring house there is a 6 foot fence and tree plantings. Additionally they talked to all of their surrounding neighbors and all have given their approval for the fence. Mr. Swanson continued to explain their goal of installing a privacy screen. Mrs. Swanson explained that there is also a driveway between her and her next door neighbors. On a motion made and seconded, the Board voted to close the hearing at 8:20 pm. There were no further comments or questions from the Board. On a motion by Norman P. Cohen and seconded by Jeanne K. Krieger, the Board voted 5-0 in favor of waiving the requirement for a certified plot plan. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to allow 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. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room October 25, 2018 Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger, David G. Williams and Norman P. Cohen Alternate Present: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Other Business: 1) ZBA application and Board Packets Discussion Jennifer Gingras and Chairman Clifford explained the plan to convert documentation sharing for board meetings to an electronic system. Chairman Clifford asked how the Board would feel about converting to electronic files from paper copies. He clarified that the Board would continue to receive paper copies of plans. The Board affirmed that they do all indeed prefer paper copies of comments and plans. 2) Minutes of Meeting from October 11, 2018 Hearing On a motion by Martha Wood and seconded by Jeanne Krieger the Board voted 5-0 in favor of approving the meeting minutes from the October 11, 2018 hearing. 3) Conflict of Interest Letter Response Mr. Williams discussed his involvement in a recent letter received by the Board complaining about the conduct of the Board during a recent filing. Mr. Cohen recused himself from this discussion due to absence at the meeting at hand. Ms. Krieger stated that the applicant should have been informed of changing meeting procedures but overall believes that the applicant received a fair hearing. Ms. Wood stated that she had discussed this issue with the proponent after the meeting. Mr. Clifford stated that he spoke with the Board of Selectmen and it was decided that no ethical problems had been raised.