HomeMy WebLinkAbout2019-08-08-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
August 8, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 46 Winter Street
The petitioner is requesting a SPECIAL PERMIT in accordance with the Earth Fill and Removal
Bylaw, Chapter 43 of the Code of the Town of Lexington, to allow a maximum of 50 cubic yards
of fill to be brought to the property.
The petitioner submitted the following information with the application: Nature and Justification.
Also submitted was a storm water 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, Conservation Administrator, and Engineering Department.
Presenter: Surit Prakash
The hearing was reopened at 7:00 PM
Mr. Prakash stated he tried to meet with Lexington Engineer, Ross Morrow, but he is on
vacation. He then requested another continuance.
The tress on the property were discussed.
On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to
continue to September 12, 2019 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
August 8, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 15A Crescent Hill Avenue
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, 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 Health
Department and Zoning Administrator.
Presenter: Carl Dumas, builder and David Drellich, property owner
The hearing opened at 7:10 PM
Mr. Dumas stated they are proposing a second level addition on the house. The structure they
are planning is directly over the existing structure. There is a steep hill in the back which does
not allow for any other addition. The current house is a one story home surrounded by two story
homes. Therefore, this will make it like-in-kind with the current neighborhood.
Mr. Drellich stated he has a letter of support from an abutter and the other neighbors are rentals
so he had difficulty contacting the property owners.
A Board Member, Nyles N. Barnert, stated the shed violates setbacks and asked how long it
has been there (Mr. Drellich responded it has been there most likely more than ten years).
Chair, Ralph D. Clifford, asked if they would be willing to move the shed (Mr. Drellich responded
yes).
A Board Member, David G. Williams, asked if there will be central air (Mr. Drellich responded
not at the moment, a mini-split system is possible down the road).
Mr. Clifford questioned who owns the line of trees between 15A Crescent Hill Ave and 15
Crescent Hill Ave (Mr. Drellich stated the previous owners lived there for a long time and always
said it was their trees but it looks like they are on our side but they don't know for sure).
Mr. Clifford asked if they would be willing to maintain those trees to ensure privacy (Mr. Drellich
responded yes).
Mr. Williams suggested they dress up the front entrance area.
An audience member, Susan Mayor of 15A Crescent Hill Avenue, asked for clarification on
maintaining the trees, she stated most of them are dead (Mr. Clifford stated the reason he wants
them maintained is the trees provide a break between the two properties. He clarified this was a
suggestion not a condition).
An audience member, Sara Krissoff of 15 Crescent Hill Avenue, asked for a construction
timeline and the working hours (Mr. Dumas stated they have to be issued a building permit
before work can start and that may take a couple of months. He then explained the building
process and timeline. He stated his crew only works 7-3 Monday thru Friday).
Ms. Krissoff inquired about possible penalties if the project is extended (The Zoning
Administrator stated when they start construction there is no deadline for completion, they can
take the time they need. They have 6 months to start after the permit has been issued and they
have 2 years to act on it after the special permit has been issued.
Ms. Krissoff then stated her concerns for transferring the Special Permit if they sell the house,
the use of the home being changed and privacy concerns (Mr. Drellich stated they are not
changing the use of the home and will move a window that overlooks her yard to the back of the
house)
Mr. Drellich stated the nature of that street houses look down on each other and is hard to
manage. They want to respect the privacy of their neighbors.
Ms. Krissoff stated she is against the nature of the current proposal.
An audience member, Ravi Tharakaraman of 16 Crescent Hill Avenue, stated he agrees the
nature of the street is close homes and everyone needs to respect privacy. He supports this
proposed project.
Mr. Dumas stated on that side of the house, in regards to 15 Crescent Hill Ave, they have more
than enough setback. The bylaw was set for these tight quarters and they could be 2 feet closer.
Mr. Drellich stated they are ready for more space in their home.
On a motion made and seconded, the Board voted to close the hearing at 7:38 PM.
On a motion by Nyles N. Barnert and seconded by Martha C. Wood, 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
August 8, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 98 East 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,
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, the Engineering Department, the Health Department, and the Zoning
Administrator.
Chair, Ralph D. Clifford, stated due to an error on the Legal Advertisement posting the Board
will not hear 98 East Street, it has been moved to the September 12, 2019 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
August 8, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 113-115 Hartwell Avenue
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 135-5.2.8.1 to allow a sign to
be larger than otherwise allowed.
The petitioner submitted the following information with the application: Nature and Justification,
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 Design
Advisory Committee and the Zoning Administrator.
The petitioner requested a postponement to the September 12, 2019 hearing.
On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted 5-0, to
postpone to September 12, 2019 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
August 8, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, and Associate Member Nyles N. Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Other Business:
1) Upcoming Calendar Year
The board agreed due to Passover the Hearing on April 9, 2020 will not be schedule and there
will only be one Hearing in April.
2) Minutes of Meeting from July 25, 2019 Hearing
On a motion by Jeanne K. Krieger and seconded by Nyles Barnert, the Board voted 4-0 in favor
of approving the meeting minutes from the July 25, 2019 hearing. Chair, Ralph D. Clifford,
abstained from voting.
On a motion made and seconded, the Board voted to adjourn.