HomeMy WebLinkAbout2019-07-11-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
July 11, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 191/201 Spring Street
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-7.3.5(8) and 135-9.4.2 for a modification of
a Special Permit with Site Plan Review granted on September 1, 1988.
The petitioner submitted the following information with the application: Nature and justification,
plot plan, and photographs. Also received was the special site plan review granted on January
1, 1989.
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 Conservation Administrator.
Presenter: Frederick J. DeAngelis and Nick Skoly, Civil Engineer
The hearing opened at 7:00 PM
Mr. DeAngelis stated in 1988 Boston Properties received a Special Permit from the Zoning
Board of Appeals for a three building complex at 181, 191 and 201 Spring Street. They bought
191 Spring Street and renovated it. They built a second building that is 201 Spring Street. They
scaled back 181 Spring Street in size and reduced the parking.
Mr. Skoly stated the plan shows existing and proposed parking spaces. They hope to add
approximately 140 spaces to the existing development. There is a lot of topography and they
determined the best possible location. It has been reviewed with the Conservation Commission
and Engineering for storm water purposes.
Mr. DeAngelis stated the present application is for a modification to the 1988 Special Permit Site
Plan review and granting for 141 additional parking space on the site. 101 spaces were
previously approved but not built so the Board should view this as an incremental 40 spaces.
Traffic and transportation management were discussed. He asked that the Board view this as a
modification that is supported by existing infrastructure.
A Board member, David G. Williams, asked what they plan to do for landscaping (Mr. Skoly
stated they plan to put down loam and seed and plant low plantings replaced in any disturbed
area. The 100 foot buffer will not be encroached on).
Lighting was discussed.
Mr. DeAngelis stated there is a 100 foot buffer zone. They agreed with conservation to put a
restriction on that buffer zone, the parking is hidden from view by growth in the buffer zone.
A Board Member, Norman P. Cohen, asked if they passed with the Conservation Commission
(Mr. DeAngelis stated the Conservation Commission voted to issue an approval).
Chair, Ralph D. Clifford, clarified the location of the new parking and asked if there are plans to
expand 181 Spring Street (Mr. DeAngelis responded no, it can't be expanded and they wouldn't
tear it down because of the floor area ratio).
Mr. Clifford stated his concern for traffic and turning left onto Spring Street. He asked if there are
any steps that can be taken to alleviate this (Mr. DeAngelis stated they will monitor traffic
through a transportation demand management program and take steps that are appropriate
based on that).
Mr. DeAngelis stated they have submitted draft findings that the Zoning Administrator has
reviewed.
There were no comments or questions from the audience.
There were no further comments or questions from the Board
On a motion made and seconded, the Board voted to close the hearing at 7:24 PM.
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0, to
grant a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) sections 135-7.3.5(8) and 135-9.4.2 for a modification of a Special Permit with Site
Plan Review granted on September 1, 1988.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
July 11, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 1 Doran Farm Lane
The petitioner is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.3 to allow a standing
sign in front of the entrance to Morrow Crossing.
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, and Engineering.
The applicant submitted a request for a postponement to the July 25, 2019 Hearing.
On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to
postpone to the July 25, 2019 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
July 11, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 8 Summit Road
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 135-4.4.3 to allow more gross floor
area than allowed.
The petitioner submitted the following information with the application: Nature and justification,
plot plan, and floor plans. A request to waive
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: Jasbir S. Gandhi
The hearing opened at 7:26 PM
Mr. Gandhi stated when the house was build there was no zoning for gross floor area. The
house was built with a gross floor area of 6,977 square feet and with the new regulations the
house can go up to 7,045 square feet based on the lot. He is requesting a 10x10 addition to be
the master bedroom closet. The closet there now is too small. He will be going 32 feet above
the allowed gross floor area. This addition will only be on second floor. First floor will be open.
Chair, Ralph D. Clifford, stated there is a line of trees between Mr. Gandhi's property and 6
Summit Road. He asked if those were on the neighbor's parcel (Mr. Gandhi responded yes).
There were no questions or comments from the audience.
There were no further comments or questions from the Board.
On a motion made and seconded, the Board voted to close the hearing at 7:30 PM.
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0, to
grant a waiver request for a certified plot plan.
On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to
grant 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 more gross floor area than allowed.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
July 11, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 31 Brandon 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 135-8.4.2 to allow modification to
a non-conforming structure.
The petitioner submitted the following information with the application: Nature and justification,
plot plan, floor plans, elevations and photographs. Also received was a petition 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 Zoning
Administrator.
Presenter: David Rezvani
The hearing opened at 7:31 PM
Mr. Rezvani stated his family has been living at 31 Brandon Street for 12 years. He is
requesting a Special Permit to have a few additional feet to build a covered entry way in addition
to an outside porch and stairway. This would allow a small mudroom to be built and is
consistent with the neighborhood. The setback would be less of an intrusion than the majority of
the houses on the street.
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 7:34 PM.
On a motion by Norman P. Cohen and seconded by Nyles N. Barnert, the Board voted 5-0, to
grant 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
July 11, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 2-4 Wallis Court
The petitioner is requesting (3) SPECIAL PERMITS in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.4, 135-8.4.2, 135-4.4.3, and 135-8.2.1 to
allow modification to a non-conforming structure, allow more gross floor area than allowed, and
allow an extension of a non-conforming single-family use in the CB (Central Business) zoning
district.
The petitioner submitted the following information with the application: Nature and justification,
plot plan and floor plans. Also received was a request to waive the requirement 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 Historic District
Commission, the Historical Commission and the Zoning Administrator.
Presenter: Colin Smith, Architect
The hearing opened at 7:34 PM
Mr. Smith stated in 2016 they had an updated survey done to fully renovate the house. The
house was built in the late 1890's, before zoning and before the central business district was
created. The central business district has density regulations. He explained they have three
Special Permit requests. The existing gross floor area is 4,970 square feet and is a 2 family
structure. The allowed square feet is 3,689. The proposed work was discussed. Proposed gross
floor area is 5,339 square feet where as in the central business district 9, 222 square feet is
allowed. We wish to continue that non-conformity for the stoop. The Historic District
Commission has reviewed this proposal and shown their support. The Historic District
Commission did ask them to come back after they met with the Zoning Board of Appeals and
asked that the carport be made deeper because of the way it sat on the elevation.
A Board Member, Nyles N. Barnert, asked how close to the property line the carport is (Mr.
Smith responded it is 1 inch but it's in a zero lot line requirement regardless of use).
The Zoning Administrator stated only the gross floor area specifies residential. Regardless of
residential or non-residential the side yard and front yard setbacks are zero and the rear yard is
a 10 foot requirement.
Mr. Barnert stated his concern for maintenance on the one inch of land.
A Board Member, David G. Williams, stated they have had requests for carports before that
have been denied. He stated this is not something he could vote for (Mr. Smith stated there is a
need for the carport. In the Central Business District you can go up to the lot lines).
Chair, Ralph D. Clifford, asked if the attic bathroom already exists (Mr. Smith responded that it
was to be renovated. They are modifying the bathtub which triggers the ceiling height change
requirement).
A way of voting was discussed and the possibility of withdrawing the carport.
Mr. Clifford stated to maintain that one inch of land they would be trespassing on the neighbors
land.
Alternate member, Hank Manz, suggested getting permission from the neighbor to go on their
land.
An audience member, Daniel Rapperport of 2 and 6-8 Wallis Court, stated his support and
asked the Board if they would be more open to a garage (Mr. Williams responded the same
rules should apply as a carport).
Mr. Smith stated there is no sideyard setback requirement.
Mr. Clifford stated they have to evaluate the impact on the neighborhood. The current owner
may be happy with the close setback but the next owner might not be (Mr. Smith stated the
gross floor area bylaw was created to protect residential districts. Any other use would be much
more invasive).
An audience member, William Dailey of 114 Marrett Road, stated his family owns an office
building that has a parking lot that runs behind 6-8 and 2-4 Wallis Court. He stated his support
and the need for the carport.
A Board member, Jeanne K. Krieger, stated she would support the carport because it would be
less intrusive than a garage.
Withdrawal of the carport was discussed.
An audience member, Gerry McGowen of 4 Wallis Court, stated the need for the carport.
People park in their area and they have been subjected to numerous fines because they have
nowhere to park. This situation has impacted their life style and ability to park at their own
home.
Mr. Smith stated he would withdraw without prejudice the request for the carport.
Mr. Clifford suggested putting up signs to help with parking.
Mr. Clifford stated the total gross floor area change would be 55 additional square feet. That
makes the total gross floor area 5,025 square feet.
On a motion made and seconded, the Board voted to close the hearing at 8:13 PM.
On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to
grant a waiver request for a certified plot plan.
On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to
grant (3) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code
of Lexington) sections 135-9.4, 135-8.4.2, 135-4.4.3, and 135-8.2.1 to allow modification to a
non-conforming structure, allow more gross floor area than allowed, and allow an extension of a
non-conforming single-family use in the CB (Central Business) zoning district in accordance with
the modified plan submitted to the Board on July 11, 2019, which excludes the carport.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
July 11, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Other Business:
1) Minutes of Meeting from June 13, 2019 Hearing
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0 in
favor of approving the meeting minutes from the June 13, 2019 hearing.
On a motion made and seconded, the Board voted to adjourn.