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HomeMy WebLinkAbout2019-04-25-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 25, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Nyles N. Barnert Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 428 Marrett Road The petitioner is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) 135-5.2.10 and 135-5.2.8.1 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and justification and photographs. Also submitted was a waiver request for 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 Building Commissioner, Zoning Administrator and Engineering Department. The petitioner requested a continuance to the May 9, 2019 meeting. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Nyles N. Barnert, the Board voted 4-0, for a continuance to the May 9, 2019 meeting. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 25, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Hank Manz Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 31 Clarke Street 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 exceed the allowable gross floor area. The petitioner submitted the following information with the application: Nature and justification, plot plan, and 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 and Historical Commission Presenter: Architect, Carl Oldenburg and Homeowner, Susan Luperfoy The hearing opened at 7:04PM Mr. Oldenburg stated the proposal is for relief from the limit of gross floor area in order to be able to construct a new screen porch to replace an existing deck on the back of the house. The existing deck is surrounded by three roof tops. In the winter snow crashes down onto the deck from those three roof tops and makes the deck unusable. Also, a new house was recently built at 27 Clarke Street and it is very close to their house and overlooks the patio. The proposed porch is on the back of the house so you can't see it from the street. This is a minor intervention into the environment. It will enhance the safety of the house and be consistent with the architectural design of the house. Ms. Luperfoy added this is part of a bigger plan, they plan to swap the kitchen and the family room. The kitchen looks out at 27 Clarke Street. The builder of 27 Clarke Street offered to plant shrubbery along the property line that will help but still there is no privacy. Mr. Oldenburg added the new location of the kitchen will be adjacent to the screen porch. A Board Member, David G. Williams, expressed concern over the porch being a three-season porch with glass enclosure (Mr. Oldenburg responded that would be under consideration but it would not be insulated and the floor would be a deck. It would never become a finished heated room). Mr. Williams expressed the neighbors on Clarke Street all complained about the large houses being built and this will make the house bigger. He then again expressed his concern over having a glass enclosure instead of screens and the concern for neighbor's who previously complained about larger houses in the neighborhood (Ms. Luperfoy responded they have had only positive responses from neighbors). An audience member, Jason Brickman of 27 Clarke Street, stated his support for the petition. There were no further questions or comments from the audience. Mr. Oldenburg stated they feel because the porch is not visible from the street it will not increase the apparent size of the existing house. It's essentially an existing condition being slightly modified. It will also enhance safety. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:16PM. A Board Member, Martha C. Wood, stated she agrees with Mr. Williams. She is concerned this could turn into a room at some point. It may not be visible from the street but it doesn't abide by the Zoning Bylaw. She understands the desire for privacy and the concern about snowfall but there are many situations around town where houses are close to each other. Mr. Williams discussed the possibility for removable screens in the winter. A Board Member, Hank Manz, stated his shared concerns that it will turn into a room eventually. Chair, Ralph D. Clifford, stated he will be voting against this but limiting it to screens would make sense. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted 5-0, to Waive the request for a certified plot plan. A Board Member, Jeanne K. Krieger, stated the condition to a screen porch should be applied if the petition is approved. Ms. Wood expressed her concern this would be the first step of coming back and wanting it to be a room. She would like a condition to limit it to a screen porch in perpetuity. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Hank Manz, the Board voted 2-3, 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 exceed the allowable gross floor area with the condition that it will be limited to a screen porch. A 4-1 vote was needed and therefore the Special Permit was denied. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 25, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Hank Manz Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 26 Ames Avenue The petitioner is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 13-9.4 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, Plot Plan, plans, and elevations. 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, Historical Commission, and Conservation Administrator. Presenter: Architect, Carl Oldenburg and homeowner, Aruna R. Jayakumar The hearing opened at 7:23PM Mr. Oldenburg stated the proposal has two major components to preserve and enhance the existing house. The owners have lived in the house for over 30 years and are making some improvements. They are doing a second floor addition over the house in the back to create a bedroom. On the front of the house the existing porch will be enclosed for an entry hall with a coat closet. There is an existing non-conformity with the front yard setbacks. They are asking relief for the increase in degree for the non-conformity for the stairs. The stairs need to be reconfigured to allow a three foot landing. The configuration is the same as it is now. This is necessary to be able to enclose the porch. The original historic house has been covered in vinyl siding and part of what they are trying to do is to improve the curb appeal of the house by removing the vinyl siding. The non-conformity currently is 16.4 feet from the property line to the bottom step and the proposed is 12.7 feet. The outline of the porch does not change. A Board Member, Martha C. Wood, addressed the Historical Commission's comments of not changing the windows (Ms. Jayakumar stated the Historical Commission wants them to maintain the fagade. They are to retain the two windows on the on second floor of the front of the house, which they will be doing. She stated they will be pulling a window from a bedroom and replacing one of the front windows that is vinyl. The Historical Commission also asked them to add a window on the east side of the covered porch and they are in the process of adding the additional window to the plans. Chair, Ralph D. Clifford, asked if there was a possibility the steps can turn toward driveway (Mr. Oldenburg stated they did look at an alternative option but it turns out it wasn't right to put it right up next to the house. They are increasing the non-conformity anyway. This is less of a change). Ms. Jayakumar added having the stairs straight out will keep it the way it is so it would be in alignment with the original character of the house. They did it that way to have a better chance of the Historical Commission passing it. They have a den at the back which is being used as bedroom. That is their main entrance right now. Enclosing the porch would allow them to use that as the front entry way instead of the bedroom. There was discussion about the window on the east side. An audience member, Philip Schreibman of 18 Ames Ave, stated his support and stated it will have no significant impact. An audience member, Joel Godwin of 19 Ames Ave, stated his support and stated it will enhance the house in appearance. An audience member, Arvind Venkatesh of 29 Ames Ave, stated support and stated that it will make the house look better. There were no further questions or comments from the audience. There were no further questions or comments from the Board. Mr. Oldenburg stated the interest in preserving and enhancing the house. They have had offers from people to buy the house who would just build a bigger house in its place. The owners want to preserve it. On a motion made and seconded, the Board voted to close the hearing at 7:36 PM. On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, 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 13-9.4 and 135-8.4.2 to allow modification to a non-conforming structure with a condition to comply with Historical Commissions requirements. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 25, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Hank Manz Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 56 Blossomcrest Road The petitioner is requesting a SPECIAL PERMIT, on the PETITION OF JOHN FARRINGTON, ESQ., ON BEHALF OF BLOSSOMCREST ROAD, LLC, for the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) listed as follows: FOUR (4) VARIANCES in accordance with sections 135- 9.2.2.2 and 135-4.4.1, Table 2 (Schedule of Dimensional Controls), to allow Lot 9A to have a lot area of 19,416 sq. ft. instead of the required 30,000 sq. ft. and a frontage of 113.82 feet instead of the required 150 feet; and to allow Lot 10A to have a lot area of 28,556 sq. ft. instead of the required 30,000 sq. ft. and a frontage of 70.01 feet instead of the required 150 feet; and ONE (1) SPECIAL PERMIT in accordance with sections 135-9.4 and 135-5.1.14 to allow the use of a common driveway for lots 9A and 10A. The petitioner submitted the following information with the application: Nature and justification, topographic plan, plot plan, elevations and 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 and Planning. The hearing opened at 7:37 PM. Chair, Ralph D. Clifford, explained the reasoning the continuance was Planning Board has not yet indicated the subdivision is an ANR subdivision. On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, the Board voted 5-0, for a continuance to the May 23, 2019 meeting. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 25, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Hank Manz Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 401 Lowell Street 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 135-3.4 Table 1 Line L, 1.01 to allow motor vehicle sales. The petitioner submitted the following information with the application: Nature and justification, 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 Zoning Administrator. Presenter: Scott Mabuchi The hearing opened at 7:40 PM. Mr. Mabuchi stated he owns and operates a car buying concierge service. In order to supply clients with pre-owner vehicles he needs to maintain an auto dealer license. He serves Lexington residence with this service and patronizes local merchants. Over the past 5 years he has adhered to the Boards instructions listed on the special permit and respectfully asks the Board to renew the permit for the term they feel is appropriate. 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 7:42 PM. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted 5-0, to waive the requirement for a certified plot plan. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Hank Manz, 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 135-3.4 Table 1 Line L, 1.01 to allow motor vehicle sales subject to the same conditions that are currently on the special permit for 3 years. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 25, 2019 Board Members: Chair— Ralph D. Clifford Jeanne K. Krieger, David G. Williams, and Hank Manz Associate Member: William P. Kennedy Administrative Staff: Jim Kelly, Building Commissioner, Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 30 Dexter Road The petitioner is requesting an APPEAL OF THE BUILDING COMMISSIONER'S ISSUANCE OF A BUILDING PERMIT DATED MARCH 5, 2019 for an amateur radio antenna, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3. The petitioner submitted the following information with the application: Nature and justification, and plot plan. Also received, was a correspondence from Michael Barg Dated: April 22nd, 2019 and signatures in opposition of Building Permit. 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. Presenters: Thomas Wanderer and Sara Mannix of 65 Gleason Road, on behalf of neighbors Michael and Donna Smoler, 63 Gleason Road, and Lisa and Zoe Perry Wood, 67 Gleason Road Also Present: Jim Kelly, Building Commissioner, and Michael Barg property owner of 30 Dexter Road A Board Member, Martha C. Wood, recused herself. The hearing opened at 7:44PM. Chair, Ralph D. Clifford, stated the Board will focus on if the building permit was validly issued or not. This property had been involved with a special permit that was granted. It was appealed and went to court. The court remanded the special permit back to the Board to be considered again. The special permit was then withdrawn and rather than using the special permit process the owner of the property has put together a proposal that he claims can be built as a matter of right. The question before the Board is whether or not the application is of right. Ms. Mannix stated by stating last May the owner of 30 Dexter Road applied for and was granted a special permit to construct a 47 foot tower radio antenna at 30 Dexter Road. She and her husband appealed the decision to land court. They understand the owner of 30 Dexter has rights. The judge was also clear they have rights. They were working on a compromise and concerns were aware. In January land court remanded this case back to the Zoning Board. Ms. Mannix then read the adjudication. She stated she believes the Town of Lexington needs to be accountable and failed to comply with the direction from land court. She feels the Town chose to ignore their rights. Mr. Wanderer stated his objection to granting the permit. He then explained an engineer stated Lexington is a 126 mile an hour wind zone and that the proposed tower at whatever height cannot withstand those kinds of winds. He stated the manufacturer stated that extreme care must be taken and to make sure no pets or people can come in contact with any portion of the antenna. Including deadly voltages and the effects of RF. They are concerned about the safety and would feel much better if it was attached to the house. Michael Smoler of 63 Gleason Road, spoke in opposition to the antenna referencing the fall zone, tower height, and the frequency energy. An audience member, Zoe Parrywood of 47 Gleason Road, stated her shared concern for safety and exposure. Mr. Clifford discussed again the previous application for a special permit was withdrawn. The court had a mandate to review the application. They are separate files. The height requirements in the Zoning Bylaw were clarified. A Board member, William P. Kennedy, asked if Zoning had wind speed indications (The Zoning Administrator stated from a zoning stand point no). A Board Member, Hank Manz, stated he was hearing concerns about height and RF Energy. If the tower was moved back to the house would both of those concerns disappear (Mr. Wanderer responded his concern about fall danger would be eliminated). The Building Commissioner stated received with the permit application was both the code issues for the foundation dealing with winds and the Zoning. It complies with both of those so the permit was issued. There was further clarification that this permit was a separate permit. Mr. Smoler asked if people have read the document stating an applicable definition for structures of this type. It specifies wind loads and how to estimate the site type (The Building Commissioner stated he is not aware of that document. Towers that we primarily deal with are commercial that at 150 feet tall do have some standards referenced. The foundation plan complies with the building code). An audience member, George Eisenberg of 54 Gleason Road, asked taking into account the issue with RF levels is there anything in the state building code or is that at the Federal level (The Building Commissioner responded the building code doesn't involve itself in the RF Issues. The FCC may have that purview on that). Mr. Clifford clarified the law makes it clear federal government has jurisdiction over radio waves. We are prohibited by law to regulate that. Mr. Kennedy asked if the Building Commissioner reviewed the antenna. He asked if it was free standing and if he thinks it can withstand those winds (The Building Commissioner responded he visually inspected the antenna, it is free standing and it can withstand those winds). Michael Barg of 30 Dexter Road, stated radiating elements of the antenna are around 20 feet above ground level. He has one section of mast to keep it at a minimum of 9 feet from the base of the antenna. The radiating elements is 20 feet, the total antenna height is 28 feet. Combined with the 9 foot base that makes it a total of 30 feet above ground level. The applicant had an agreement with Mr. Wanderer that if he moved the location 10 feet from the property line and didn't trim the pine tree that over hangs his property they would drop the case. So he agreed and moved the location within the Bylaw setback. It is more than 15 feet from their property line and more than 10 feet from the other side. They broke their word. The location of the antenna was clarified. Mr. Barg stated the radiation is not going to impede on the neighbors yards. The radiation goes up. He selected that antenna because it's designed for a small lot and is vertically polarized. Mr. Clifford clarified they have no jurisdiction over the radio waves. Federal government told us to stay out of radio waves. An audience member, Diane Reid of 23 Dexter Road, stated her support for the antenna. She also presented a letter of support from David Needam of 33 Dexter Road. An audience member, Bill Reid of 23 Dexter Road, stated his support. Mr. Wanderer stated he agreed to a 10 foot setback knowing there was going to be a public meeting and he wanted his neighbors to have a chance to address the issues. When the special permit was withdrawn it gave them an opportunity to bring the issues forward and that's what he chose to do. There were no further 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 8:18 PM. Mr. Clifford reminded the Board of their limited role. From a legal perspective he has no problem proceeding with issuing the Building Permit because the previous application was withdrawn. Their job is to determine whether the permit was validly issued or not. It is not their job to look at radio waves. The discussion needs to be focused on if the Building code and Zoning codes have been complied with. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Hank Manz , the Board voted 5-0, to UPHOLD THE BUILDING COMMISSIONER'S ISSUANCE OF A BUILDING PERMIT DATED MARCH 5, 2019 for an amateur radio antenna, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3. The applicant's petition was therefore denied. On a motion by Jeanne K. Krieger and seconded by Hank Manz, the Board voted to adjourn.