HomeMy WebLinkAbout2018-11-08-ZBA-min 1
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 22 Bartlett Ave
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning-By-Law
sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure.
The applicant submitted a Request for Withdrawal without Prejudice, dated October 26, 2018.
On a motion by Jeanne Krieger and seconded by Norm Cohen, the Board voted 5-0 to allow the
withdrawal without prejudice of a SPECIAL PERMIT in accordance with the Zoning-By-Law
sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 137 Massachusetts Ave
The petitioner is requesting a TWO (2) SPECIAL PERMITS in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-5.2.4.1 and 135-5.2.10 to
allow one internally illuminated wall sign larger than otherwise allowed.
The applicant submitted a Request for Continuation of the hearing to the December 13, 2018
hearing.
On a motion by Jeanne Krieger and seconded by Norm Cohen, the Board voted 5-0 to continue
the hearing to the December 13, 2018.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 11 Vine Brook Road
The meeting was continued from the October 25, 2018 meeting. 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 135-4.4.3 to allow modification to a non-conforming structure.
The applicant submitted a Request for Withdrawal without Prejudice, dated November 6, 2018.
On a motion by Jeanne Krieger and seconded by Norm Cohen, the Board voted 5-0 to allow the
withdrawal without prejudice for a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.4.3 to allow modification to
a non-conforming structure.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 11 Alcott Road
The petitioner submitted the following information with the application:
Prior to the meeting, the petitions and supporting data were reviewed by...
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 135-4.4.3 to allow a building to
exceed the maximum gross floor area allowed.
Presenters: Colin Smith of Colin Smith Architecture and owner, Gary Ainsworth
Mr. Smith presented before the Board the current plan for the construction of a detached
garage. Mr. Smith explained that the homeowners would like to construct a detached garage
with upstairs living space in order to provide cover for their vehicles. The architects have
provided solar shad diagrams which indicated that the shade provided by the new garage would
not cross over the lot lines. Mr. Smith continued to explain that due to the basement of the
current house that the GFA of the new addition would exceed the GFA.
A Board Member, Ms. Krieger, inquired why the owners need garaging for 6 vehicles on the
property.
Mr. Ainsworth explained that he collects and restores vehicles.
A Board Member, Mr. Cohen, asked if the cars are registered.
Mr. Ainsworth explained that the cars are all registered in Massachusetts and all insured. Mr.
Ainsworth stated that the additional cars are family vehicles.
A Board Member, Mr. Williams, inquired about the shed that previously existed in the backyard.
Mr. Smith assured the Board that the shed is no longer there.
Mr. Williams asked why the owners needed the additional space above the garage.
Mr. Smith explained that the owners did not want a flat top garage and desired the additional
room as a working space.
Mr. Williams asked why they need an additional porch if they already have a patio.
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Mr. Smith stated that the owners wanted a better living space.
An abutter, Ms. Michelle Walters of 10 Alcott Road, explained that the construction of a garage
would not disrupt the traffic or disturb them.
On a motion made and seconded, the Board voted to close the hearing at 7:28 pm.
Chairman Clifford raised his concerns over the approval of the Special Permit.
A Board Member, Mr. Williams, stated his concern for the approval by the Conservation
Commission. Mr. Cohen stated his concern over the legality of selling the cars that Mr.
Ainsworth restores.
Ms. Krieger stated that she would not approve any part of the proposed application.
On a motion and seconded, the Board voted to re-open the hearing for a SPECIAL PERMIT in
accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4
and 135-4.4.3 to allow a building to exceed the maximum gross floor area allowed.
Mr. Williams asked the applicant to explain the covered porch.
Mr. Smith explained that it would have a fireplace and no walls.
Mr. Cohen wanted to point out that this property is at the end of a cul de sac so it would not
infringe on the neighborhood.
Chairman Clifford asked to take a straw poll from the board. The vote was divided into two
parts, one for the space above the garage and the second for the covered porch.
On a straw poll to determine the possible approval for the space above the garage, the Board
voted 3-2 against.
On a straw poll to determine the possible approval for the covered porch, the Board voted 3-2
against.
Mr. Smith requested a continuance to the December 13, 2018 hearing.
On a motion by Beth Masterman and seconded by Jeanne Krieger, the Board voted 5-0 to
continue the hearing until December 13, 2018 for a SPECIAL PERMIT in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.4.3 to allow
a building to exceed the maximum gross floor area allowed.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 56 School Street
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 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 meeting at 7:28pm.
Presenters: Brian Lao, architect
Mr. Lao explained that the proposed dwelling renovation would encroach on the front setback.
The current setback on the property is 28 feet. The proposed renovation would include altering
the front stairs which would remain at the current 28 foot setback from the front of the property.
Mr. Lao continued to explain that the Gross Floor Area is currently at 2,952 feet. For the upstairs
renovations, they are expanding the second floor and moving all of the bedrooms to the upper
floor. A second floor deck will be built. Mr. Lao explained that the staircase will be moved to
accommodate this access.
Ms. Krieger asked how the second floor deck will be used.
Mr. Lao stated that it is still just an option but the owners would still like a covered deck.
Mr. Williams asked where the shed would be placed.
Mr. Lao stated that it can be moved to wherever the Board would like.
On a motion made and seconded, the Board voted to close the hearing at 7:39 pm.
The Board asked to ensure the applicant that the shed's location be made compliant with zoning
setbacks.
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On a motion by Jeanne Krieger and seconded by Norm Cohen, 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 135-4.4.3 to allow a building to exceed the maximum gross
floor area allowed with the following condition:
- The Shed will be removed or made compliant with the required zoning setbacks.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 445 Marrett Road
The petitioner submitted the following information with the application: Nature and Justification,
Plot Plan, 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 Conservation
Administrator, Engineering Department, and Zoning Administrator.
The petitioner is requesting a VARIANCE and SPECIAL PERMIT in accordance with the Zoning
By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-9.2.2.2 and 13506.7.7 for
an accessory structure apartment to have a gross floor area of 1,497 sq. ft. instead of the
required 1,000 sq. ft.
The Chairman opened the meeting at 7:40pm.
Presenters: Mr. Bill Hubner, Architect and Ms. Renee Briggs, Property Owner
Mr. Hubner explained the proposed accessory apartment which would replace the area which
currently encompasses a tennis court. The apartment would be about 2,000 sq. feet total. It
would decrease the impervious surface by 1/3 of the current impervious surface area coverage.
The goal of constructing this accessory apartment would be to build an accessible apartment for
people to age in place. The single family dwelling next to the property would be maintained. All
living spaces in the proposed house will be on the ground floor. Mr. Hubner and the applicant
are asking for approximately an additional 100 sq. feet of gross floor area in order to make it an
accessible apartment.
A Board Member, Mr. Williams, asked if Ms. Briggs intends to "condominium-ize" the apartment,
or sign the apartment over to a condominium developer after construction.
Ms. Briggs stated no, she intends for no such thing.
Mr. Hubner stated that they are trying to make the apartment a well-functioning and accessible
living space. They are attempting to add a different type of dwelling that Lexington needs.
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On a motion made and seconded, the Board voted to close the hearing at 8:08 pm.
On a motion by Jeanne Krieger and seconded by Norman Cohen, the Board voted 4-1 (Ralph
D. Clifford in opposition) to issue a VARIANCE in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) sections 135-9.2.2.2 and 135-6.7.7 for an accessory structure
apartment to have a gross floor area of 1,149 sq ft sq. ft. instead of the required 1,000 sq. ft.
On a motion by Jeanne Krieger and seconded by Norman Cohen, the Board voted 5-0 to issue
a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) sections 135-9.4 and 135-6.7.7 for an accessory structure apartment.
The conditions will be as follows:
1. The Accessory Structure Apartment will be maintained as an accessible unit for elderly
housing.
2. The Apartment shall not be condominiumized.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 386 Lincoln Street
The petitioner submitted the following information with the application: Nature and Justification,
Topographic Plan, Plot Plan, 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 Engineering
Department, and Zoning Administrator.
The petitioner is requesting a TWO (2) VARIANCES and SPECIAL PERMIT in accordance with
the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-9.2.2.2, 135-
4.4.1, and 135-6.7.7.1, to allow a side yard setback of 11.1 ft. instead of the required 15 ft. and
to allow an accessory structure apartment to have a gross floor area of 1,042 sq. ft. instead of
the required 1,000 sq. ft.
The Chairman opened the meeting at 8:10pm.
Presenters: Patricia Nelson, Attorney and Todd Burger, Property Owner
Ms. Nelson explained that the owners wish to re-purpose a barn which is currently on the
property. The current structure is supported by very old structural supports. The owners wish to
renovate the barn in order to use it as a garage with an accessory apartment on the upper floor.
Ms. Nelson explained that the owners had spent the past few years exploring the possibility of
preserving the barn with its current structural architecture. The owners wish to preserve the
same style and "look" of the barn.
Ms. Nelson argued that by constructing an accessory apartment the owners would be
increasing the amount of small dwelling units in town.
Ms. Nelson explained that the owners are before the Board today because they are asking for
an additional 42 sq. feet of gross floor area due to the increased insulation the owners wish to
install in the apartment. The goal of their new construction is to ensure that the apartment is a
"zero energy" apartment.
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Mr. Todd Burger of 386 Lincoln Street stated that the barn was inherited by their lot. He
explained that it has never been a usable space for their family due to the outdated size and
design of the structure. Mr. Burger continued to explain that all of their construction since 2005
has been designed and executed using environmentally sustainable Stretch Energy codes and
current energy efficient codes.
A Board Member, Mr. Williams asked if the apartment would be accessible.
Mr. Burger stated that the staircase would be side enough to install an elevator chair lift.
Mr. Williams asked what the heating system was.
Mr. Burger stated that they plan to use "air to air" and "air to water" systems.
Chairman Clifford asked why the owners had not considered building on the other side of the
barn.
Mr. Burger explained that it would then decrease the size of their backyard space by about 200-
300 sq. feet.
Mr. Josh Summers of 384 Lincoln Street, a next door abutter spoke in favor of the construction.
Mr. Summers explained that due to a ravine in between the properties there is a buffer which
would minimize the disturbance of construction. Mr. Summers added that Mr. Burger is a
"master craftsman" and "does things in quality". Mr. Summer emphasized that the barn is a very
unique building and that everyone wants to preserve it.
On a motion made and seconded, the Board voted to close the hearing at 8:47 pm.
On a motion by Jeanne Krieger and seconded by Beth Masterman, the Board voted 4-1 (Ralph
D. Clifford in opposition) to approve the VARIANCE in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.4.1 to allow a side yard
setback of 11.1 ft. instead of the required 15 ft.
On a motion by Jeanne Krieger and seconded by Beth Masterman, the Board voted 4-1 (Ralph
D. Clifford in opposition) to approve the VARIANCE in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-6.7.7.1 to allow an
accessory structure apartment to have a gross floor area of 1,042 sq. ft. instead of the required
1,000 sq. ft.
On a motion by Jeanne Krieger and seconded by Beth Masterman, the Board voted 5-0 to
approve the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the
Code of Lexington), sections 135-9.4, and 135-6.7.7.1 to allow an accessory structure
apartment.
The following condition shall apply:
-The apartment shall not be condominiumized.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 81 Hartwell Ave
The petitioner submitted the following information with the application: Nature and Justification,
Plot Plan, 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 Economic
Development Office and 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, 135-9.2.2.2, 135-4.4.1, and 135-
6.7.7.1, to allow a sign to be larger than otherwise allowed.
The Chairman opened the hearing at 8:48 pm.
Presenters: Jason Parillo
Mr. Parillo explained that the sign is made up of aluminum letters which are not illuminated
letters. Mr. Parillo stated that the sign was approved last night by the Design Advisory
Committee.
There were no questions or comments from the Board.
There were no questions or comments from the audience.
On a motion made and seconded, the Board voted to close the hearing at 8:51 pm.
On a motion by Beth Masterman and seconded by Norman Cohen, the Board voted 5-0 to
approve the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the
Code of Lexington) sections 135-9.4, 135-5.2.8 and 135-5.2.10 to allow a sign to be larger than
otherwise allowed with the following condition:
- The Board will need to review the report by the Design Advisory Committee before the
Decision is filed.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 1265 Massachusetts Ave
The petitioner submitted the following information with the application: Nature and Justification
and a copy of Special Permit, dated December 12, 2013.
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 the Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT RENEWAL in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington), Section 135-9.4 and 135-3.4, Table 1 (Permitted
Uses and Development Standards), Lines C.1.03 and P.1.02, to operate a nursery and retail
garden center, to allow the seasonal sale of Christmas trees and wreaths, and to extend regular
business hours during Spring and Christmas seasons.
The Chair opened the hearing at 8:52 pm.
Presenters: Laura Hopkins
Ms. Hopkins explained that Season's Four wishes to renew this special permit for their busiest
seasons. Ms. Hopkins explained that the new expiration date for the special permit would be in
2023.
A Board Member, Mr. Williams, asked if there was parking next to the bike path.
Ms. Hopkins explained that the business does not allow parking next to the bike path.
On a motion made and seconded, the Board voted to close the hearing at 8:56 pm.
On a motion by Jeanne Krieger and seconded by Norman Cohen, the Board voted 5-0 to waive
the requirement of a certified plot plan for the application.
On a motion by Jeanne Krieger and seconded by Norman Cohen, the Board voted 5-0 to
approve the SPECIAL PERMIT RENEWAL in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington), Section 135-9.4 and 135-3.4, Table 1 (Permitted Uses and
Development Standards), Lines C.1.03 and P.1.02, to operate a nursery and retail garden
center, to allow the seasonal sale of Christmas trees and wreaths, and to extend regular
business hours during the Spring and Christmas seasons with the following conditions:
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1. Permitted hours of operation are 9:OOAM to 5:OOPM, seven days a week.
2. Weekday hours of operation are extended to 9:OOPM from mid-April to the end of
July and from the Friday after Thanksgiving to December 23. The Saturday and
Sunday closing hours will remain 5:OOPM.
3. These special hours are applicable to retail sales only and do not extend the
present hours permitted for receiving and delivering by truck.
4. Lighting on the free-standing sign at Massachusetts Avenue must be extinguished
at close of business.
5. Lighting in the selling area shall be on during the selling period of this permit only,
and lighting and poles must meet with the approval of the Building Commissioner.
All lighting shall be shielded from the Massachusetts Avenue and Ingleside Road
residential community. No rooftop display of any kind will be permitted.
6. All refuse, tree branches, clippings, scraps, etc., shall be stored, handled and
disposed of in a sanitary manner and all debris including excess trees must be
disposed of properly after the sale period comes to an end.
7. If animals are kept on the premises, a permit must be obtained from the Board of
Health.
8. This special permit shall expire December 31, 2023.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 8, 2018
Board Members Present: Chairman Ralph D. Clifford, Jeanne K. Krieger, David G. Williams and
Norman P. Cohen and Associate Member Beth Masterman
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Other Business:
1) Minutes of Meeting from October 25, 2018 Hearing
On a motion by Jeanne Krieger and seconded by Norman Cohen, the Board voted 5-0 in favor
of approving the meeting minutes from the October 25, 2018 hearing.
On a motion made and seconded, the Board voted to adjourn.