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HomeMy WebLinkAbout2019-03-14-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 14, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, James Osten and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 6 Rowland Ave 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 petitioner submitted the following information with the application: Nature and justification, plans, elevations and photographs. Also received was a request for waiver of certified plot plan and (19) letters in support of 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 Building Commissioner, Zoning Administrator and Engineering Department. Presenter: David Ingram, Laura Atlee and Kip Schultz, 263 Concord Road, Lincoln MA. The hearing opened at 7:00 PM Kip Schultz stated they have a structure that's non-conforming. The existing height is 36 feet. The owners want to put a dormer on the third floor to accommodate a third floor bathroom. The height would remain the same. A Board member, David G. Williams, asked if there were a fire on the second floor how would the children get out from the third floor. Mr. Williams asked what if the fire is in the stairway. (David Ingram told the Board there is an existing stairway down from the top half story to the floor below. They would use that staircase. Mr. Ingram stated they had a fire escape on the second floor and that could also be a solution on the third floor). Mr. Williams asked to add a condition that the fire escape ladder be installed on the third floor. No comments or questions from audience. No comments or questions from Board. On a motion made and seconded, the Board voted to close the hearing at 7:07 PM. On a motion by Mr. James A. Osten and seconded by Mr. Norman P. 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 135-8.4.2 to allow modification to a non- conforming structure with the condition that a fire escape ladder be added to the third story. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 14, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, James Osten and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 8 Winston Road 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 petitioner submitted the following information with the application: Nature and justification and plot plan. Also received was (4) abutter signatures in support. 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, Zoning Administrator and Engineering Department. Presenter: Yi Jin and Yajie Niu The hearing opened at 7:07 PM Mr. Jin stated they want to add a portico on top of the existing landing. He explained that the landing is a non-conforming structure. After they moved in they found out during the winter time the landing becomes a hazard. They have two little girls and parents visit and incidents happened which created a concern for safety. During the winter the front entrance is unusable. He hopes they would approve this to make the front entrance more useful for them. A Board Member, James A. Osten, stated he noticed it's all stone on the house and to the left there is additional stone porch (Mr. Jin responded by saying landscaping cleared that and now its paver so it's easier for the children to use that area). Mr. Osten asked does it cover the stairs or just the landing (Mr. Jin stated just the landing and they will add railings to make it safer). An audience member, Bruce Baran of 10 Winston Road, stated he did something similar to his porch and he feels it is necessary and it is a true safety hazard. No comments or questions from the Board. No comments or questions from the audience. On a motion made and seconded, the Board voted to close the hearing at 7:11 pm. On a motion by Mr. James A. Osten and seconded by Ms. Martha C. Wood, the Board voted 5- 0, for 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 March 14, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, James Osten and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 377 Lincoln Street The petitioner is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 and 135-6.7.6 to allow an expanded accessory apartment. The petitioner submitted the following information with the application: Nature and justification, plot plan, elevations, floor plans. Also received was a request for waiver request for stairwell to be located on outside of the house. 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, Zoning Administrator and Engineering Department. Comments were received from the zoning administrator and Engineering. Presenter: Ben Ives (Architect) and Eldene A. Chugani (Owner) The hearing opened at 7:12 PM Ben Ives started by stating they are applying to get permission for an expanded accessory apartment of 1350 square feet. The zoning by law allows 40 percent total gross floor area. If they are granted the special permit the waiver is applied with regards to the stairs off of the apartment that would access a porch that would be an amenity for the expanded apartment. The home owner is interested in having the expanded apartment for maybe small family's starter home or more affordable unit in town. It's a tricky design issued being on the second floor and the house appearing to be a single family but not having an exterior space the porch would serve for that. A Board Member, Martha C. Wood, asked if the exterior stairway is the only access to the apartment. (Mr. Ives stated there is a wall interior that separates two bays of the garage from one of the bays for the rental unit. The main entry would be when you park your car in the garage and go in through a door. There is access to the apartment through a "front door" on the side of the house). Mr. Chugani stated they have two main entrances. To keep the house looking like a one family home the main entrance is on the side. Mr. Ives stated just inside the front door there is a flight of stairs that goes up to the apartment. Ms. Wood asked what the stairs are made of. (Mr. Ives responded exterior deck stairs, it hasn't been specified yet). Ms. Wood stated her concern for safety particularity in the snow. (Mr. Chugani responded it will be no different from the deck out back. The goal is make sure that the apartment has same features of main house). A Board member, David Williams, asked for clarification on the plans and how many bedrooms. (Mr. Ives clarified the layout of the accessory apartment) Mr. Williams expressed his concern over the large size of the accessory apartment. Mr. Ives said he understands and he spoke with the Zoning Administrator who had stated she wasn't sure if she had seen an expanded accessory apartment go before the Board previously. Mr. Ives thinks the purpose of bylaw is to increase the number of small dwelling units available in town, increase the range of choices in housing accommodations, encourage greater diversity of population with particular attention to young adults and senior citizens, encourage a more economic and energy efficient use of the towns housing supply while maintaining the appearance and character of the towns one family neighborhoods. With the size of the unit and the expectation of who would move in, this apartment fits the bylaw's motivation. Mr. Chugani specified that as they were designing they used their family as a case study. They see the benefits of having a boy and girl in separate rooms. With the size being 1400 square feet they feel this is not large for a family of four. Mr. Williams again expressed his concern for the size of the house. Acting Chair, Jeanne K. Krieger, stated she shares those concerns. It's too large and it's an expansive house on small lot. She fears it will change the character of the neighborhood. An accessory apartment of this size is not appropriate. A Board member, James A. Osten, expressed concern over the present existing trees. He questioned if there were plans to remove them (Mr. Ives stated at some point they were going to run into black locust, the more established tall trees, are on the north side). An audience member and spouse of Mr. Chugani, Aldine Chugani of 377 Lincoln Street, stated most of the trees are dead. The trees shield noise from highway behind them. They plan to plant trees anyways. They plan to have someone cut the dead trees. Whatever they remove they intend to replant. Mr. Cohen stated the neighbor behind them has a deck/porch that is close to the property towards the right hand corner. The porch they are planning to add would be in proximity to their porch but 10-15 feet higher. He asked about the trees because he felt those neighbors would appreciate having some vegetation between the porches (Mr. Chugani stated they intend to have vegetation around the property line). Ms. Chugani stated with respect to the Pony Brook Development, they moved in before the development was done. She clarified it is right across from them. When they moved to Lexington it was difficult to afford moving there. She has a sister with children who cannot afford it. The three bedroom is from own experience and she wants to allow her family to be able to afford to move to Lexington while also helping them with their costs. They could have done a two bedroom accessory apartment but they had her sister and own experiences in mind. Mr. Chugani said it took them years to find a house. It's not changing, when you see what builders are paying for land to build on its pricing a lot of people out of the market. He questioned how the Town can talk about bringing in diversity and affordability and at the same time state a three bedroom is not the right move for an accessory apartment. Mr. Ives commented he does think that there are a lot of 50s-60s houses adjacent. When they get torn down what the character of those houses will be. Knowing the project and its position he feels sense the topography drops from Lincoln the street is up about 10 feet above where the front door would be. That makes it four feet down to the front door. It's only a two story house going up from there the house is not close to being at the height limit as many houses would look. Mr. Williams stated the house is much lower than the street so when you put the house there it is going to be a very strong impact on the houses behind it because they are much lower. It's much too big for the lot and that neighborhood. Mr. Chugani stated if a developer built the home by right he would be building a six thousand square foot home. They want diversity and affordability. A regular developer would not blink an eye to put a house of that scale on that lot by right. He then explained the side entrance and his thought process of the second form of egress and the deck space. Ms. Chugani stated they do get a lot of letters from builders wanting to buy their house so they know why they want. It is just a matter of time. Mr. Cohen asked if any neighbors sing a letter of support (Mr. Chugani stated they have three letters of support from the left, the right, and the back). Mr. Cohen asked for the size of the lot (Mr. Ives stated it's 15,526 sq. ft.) Mr. Cohen then asked if there was a builder that's ready to build the house (Mr. Chugani responded Young Construction based out of Watertown). An audience member, Todd Burger 386 Lincoln Street, stated his support for what they are trying to do and the idea of affordability. Mr. Osten asked if it were not to pass would they be prohibited for 2 years (Ms. Krieger stated they would be. If we do take a vote and they do not get a super majority they will be denied applicability for 2 years) Ms. Krieger stated 1,300 square feet is large, her house is that and it accommodated four people for a while. Mr. Chugani made an additional statement about the benefit of having the expanding accessory apartment for larger families. Ms. Krieger stated her support for their motivation. This makes sense and is in the spirit of what the bylaw says. Her concern was it is a very large structure with the combination of the accessory apartment, the deck on the side and the staircase on the side is incompatible with what is in the immediate neighborhood. Mr. Chugani again stated a developer would do that. He felt they were being penalized. They are hoping the Board can see beyond that. It is sad bylaws allow you to do this. If I sell, this it will be a six thousand square feet house on the lot. Mr. Williams said he read the bylaw earlier and didn't see the word family. If you read it again it mentions senior citizens. It's just not what he envisions for accessory apartments. The stairs are going to overpower with neighbors. (Mr. Chugani stated the neighbors are in support. With his wife working from home two days a week, she wouldn't be able work without having an additional room to work in and would be working at the dining room table with children running around her. The needs of today's families need to be considered and not approving this is holding back younger people who are trying to live in this area). Ms. Wood stated her support for the proposed project. She stated it is true for affordable housing in Lexington they are two bedrooms. If you have children of opposite sex they have to have separate bedrooms and we have very few of this in this Town. They are right we need things of this size. I came into it thinking of elders (Mr. Chugani stated Ms. Wood makes a good point about elders. Look at today's dynamic, everyone is living from hand to mouth. Income levels are going up as fast as expenses and the Town needs to understand who the occupiers are). Mr. Osten stated his sympathy for the need of extra bedrooms. He stated it does seem large, the deck and where the house is are sort of hovering over neighbor. If there is sufficient vegetation there to screen the neighbor (Mr. Chugani stated that if that's a condition for approval they were doing that anyway. He then explained the floor plan, it is three bedrooms and a kitchen and living space). The Zoning Administrator, Jennifer Gingras, asked for clarification on the square footage of apartment and what percentage of total gross floor area it is. The Bylaw says it can't exceed 40% (Mr. Ives stated the entire gross floor area for the house including apartment is 6,951 square feet and the gross floor area of the apartment is 1350 square feet, which does not include apartment's garage. It would be 2,240 square feet to maximize to 40 percent. He stated he was interested in working on this job solely for the purpose that this client had this motivation to have an affordable expanded dwelling unit. Jumping it to the 1,350 square feet he saw as a bonus for the community). Ms. Chugani clarified the apartment initially was designed as a two bedroom apartment. She was the one to say that doesn't make sense. A two bedroom would have worked for them for a very short period of time. Just because it is affordable does not mean it should be made uncomfortable. Mr. Williams again expressed his strong concern for the large size of the accessory apartment. Ms. Krieger stated that she agrees with Mr. Williams about the imposing size of the house but she accepts that fact that if they don't do it someone else will. She understands people need space for life styles and working from home. Ms. Krieger spoke in support of the petition. Mr. Williams made clear his concern for the other Boards and how it does not fit within the criteria. Mr. Cohen stated he was thinking this is really too big, look at bylaws and build the house according to bylaws. However with the argument about"well we could sell this and the contractor would build a new house" they were right. I see that every day I look out my window. It could be bigger than that, is this true Jennifer. (Ms. Gingras responded the house as built does not exceed height or gross floor area, so they are correct about that). Mr. Cohen again stated the house is too big but he is going to support it. On a motion made and seconded, the Board voted to close the hearing at 8:04 pm. Mr. Williams suggested a straw vote. Ms. Wood motioned to re-open the hearing so a straw vote could be made. On a motion made and seconded the hearing was re-opened. Ms. Krieger made it clear that they are back in session. Straw vote on a waiver to allow egress staircase 4-1 (Mr. Williams in opposition). Straw vote on expanded accessory apartment 4-1 (Mr. Williams in opposition). Ms. Krieger reminded everyone of the condition for there to be sufficient vegetation in the back. Ms. Wood wondered if there could be a condition to have a higher privacy wall on the deck. (Mr. Ives explained the 6 feet maximum with the sight lines and with the topography he doesn't think it would help). Mr. Williams asked for a condition that the accessory apartment cannot be condominiumized. Ms. Krieger asked if they would accept that condition. An explanation of the condition to not condominiumize was given. Mr. Chugani stated they agree to the proposed conditions. On a motion made and seconded, the Board voted to close the hearing at 8:08 pm. Mr. Williams stated he is afraid of builders taking advantage of this and build two family houses in one family zones. He is fearful they have opened up Pandora's Box. Ms. Krieger responded by saying she feels comfortable continuing to vote on this and there has been sufficient discussion. They will continue to consider applications on individual basis. Mr. Cohen voiced that the argument about precedent seems to be about every project. It is such a false argument. If there is some piece of land that has exactly the same square footage they have, its higher, it is not a precedent. It will be discussed in that manner. On a motion by Martha C. Wood and seconded by Ms. James A. Osten, the Board voted 4-1 (Mr. David G. Williams in opposition), for a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4 and 135-6.7.6 to allow an expanded accessory apartment with the condition that screening be provided on the rear yard lot line and that the apartment will not be condominiumized. On a motion by James A. Osten and seconded by Martha C. Wood, the Board voted 4-1 (Mr. David G. Williams in opposition), to grant a waiver for the enclosed staircase into the accessory apartment per the requirement in the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-6.7.4.1. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 10, 2019 Board Members: Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, James Osten and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1) Minutes of Meeting from February 14, 2019 Hearing On a motion by Martha C. Wood and seconded by James A. Osten, the Board voted 5-0 in favor of approving the meeting minutes from the February 14, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.