HomeMy WebLinkAbout2019-11-14-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P.
Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 45 Fottler 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,
and 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 Conservation
Administrator and the Zoning Administrator.
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0, to
continue to January 9, 2020 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P.
Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 10 Asbury Street
The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional
Controls) to allow a front-yard of 23.9 ft instead of the required 30 ft.
The petitioner submitted the following information with the application: Nature and justification,
topographic map, 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 the Conservation Administrator.
On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to
postpone to January 9, 2020 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, Norman P. Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 24 Manning 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, 135-8.4.2, 135-9.2.2.2 and 135-4.1.1,
Table 2 (Schedule of Dimensional Controls) to allow modification to a non-conforming structure
and to allow a side-yard setback of 12.7 ft instead of the required 20 ft.
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 Conservation
Administrator and the Zoning Administrator.
Presenter: Brent Li and Sophie Li
The Hearing opened at 7:04 PM.
Ms. Li presented the petition. She stated her family has lived in their single family house since
2008 and it was built in 1949. They are looking for a larger living space and kitchen space.
A Board Member, Nyles N. Barnert, questioned the hardship (Mr. Li stated the property is a
corner unit. The existing building is located toward the right side in the corner of the lot. The
shape of the lot is unique, it is not a square).
A Board Member, David G. Williams, questioned the new plan conservation discussed in their
comment and asked what had changed in the plan (Mr. Li explained the plan and stated the
new plan shows the buffer zone).
Chair, Ralph D. Clifford, stated they don't have a plan showing the layout of the house. It is a
high standard to grant a variance. They need to show the Board why there are no other choices
or options. He then confirmed all development is outside the buffer zone (Ms. Li agreed)
A Board Member, Jeanne K. Krieger, stated part of the reason to push the development to Milk
Street is to avoid the wetlands.
Mr. Williams stated the side yard setback is troubling.
Mr. Clifford asked why the expansion can't be done in the back where the roof porch is now (Mr.
Li explained the porch is already existing. Before it was screened in and in 2016 they closed the
screen and made it a porch addition. The porch is now his office).
Mr. Clifford asked if they are working with an architect (Mr. Li responded right now the architect
drawing is not updated and he will hire a new architect to re-design).
Mr. Clifford stated the Special Permit should be okay but the Variance would not be. There are
several options of where an expanded house could be designed. It has not been explored. The
hardship has to be caused by zoning laws not by living circumstances.
An Audience member, Charles Marge, of 12 manning street asked if this variance were granted
and the house is sold do they have the right to be 12 feet from the street (Mr. Clifford stated the
Board has adopted new language in hopes to prevent this).
Mr. Marge expressed concern for visibility on the corner of Milk Street. (Mr. Li stated they had a
sight visibility map. By law the minimum requirement is to have 30 feet along the street. It's
almost 10 feet back from visibility zone. They do have an evergreen bush blocking the view to
any incoming cars from Milk Street. They propose to get rid of that and add more visibility).
Mr. Clifford stated this is not qualifying as a variance. There are alternatives that appear to be
able to be built as a matter of right. There are three requisites they have to look at. There do not
appear to be any soil conditions on this part of the house nor up through the patio. There don't
seem to be any topography issues. The shape of the lot is not far from rectangle. There is not a
compelling hardship, we have an inconvenience shown here.
A Board Member, Norman P. Cohen, stated he doesn't understand how they could give a
variance here.
Mr. Williams stated they need to come up with a plan that is better for them. They can put an
addition in the back. He suggested they have an architect involved.
Ms. Krieger, agreed with Mr. Williams.
Mr. Clifford suggested the applicant continue or withdraw.
Mr. Li stated a lot of energy has gone into this project and that they have the hardship. It is real
they have a small house with a small lot. He agreed to withdraw and stated the Variance is not
forever, and is only for the current owners.
Mr. Clifford stated that was not true. A Variance runs with land and lasts forever. That is the law.
He understands architects are not inexpensive but this project needs an architect.
Mr. Li stated they would withdraw and find an architect.
On a motion made and seconded, the Board voted 5-0, to allow a withdrawal without prejudice.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, Norman P. Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 24 Philip Road
The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional
Controls) to allow a front-yard setback of 29.1 ft instead of the required 30 ft.
The petitioner submitted the following information with the application: Nature and justification,
topographic map, plot plan, and plans. Also received was a personal hardship statement.
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 and the Zoning Administrator.
Presenter: Rajesh Goyal and Anu Arya
The hearing opened at 7:45 PM.
Mr. Goyal presented the petition. He stated they started construction on the house two years
back. The house was supposed to complete in 2018 and they had several issues with the
builder. In July of this year the builder abandoned the job and he had to hire an attorney. This
has been a significant financial burden. The as-built-plot-plan showed the builder was off by one
foot. They are requesting not tear down the canopy that sits on top of the garage, as it is less
than one foot. There has been no objection from the neighbors. Leaving the canopy would be
non-disruptive and looks better as is.
Chair, Ralph D. Clifford, asked if the applicant has obtained estimates to remove or make the
canopy smaller. (Mr. Goyal responded he has and it is a significant amount as it is structural).
An audience member, Rene Chan, of 17 Davis Road stated his back yard abuts 24 Philip Road.
The builder put waste in the back on the property line and it is still there (Mr. Goyal responded
he has started removing the debris the builder had left behind. He cannot hire anybody so he is
doing it himself. He will clean it up).
Mr. Clifford suggested several organizations that will collect material.
There were no further questions from the audience.
There were no comment from the audience.
The Hearing was closed at 7:57 PM.
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0, to
grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to
allow a front-yard setback of 29.1 ft. instead of the required 30 ft.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, Norman P. Cohen and Associate member Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 2 Marshall Road
The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (schedule of Dimensional
Controls) to allow a side-yard setback of 15.5 ft instead of the required 20 ft.
The petitioner submitted the following information with the application: nature and Justification,
Topographic plan, 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.
Presenter: Scott Vaughn, Attorney and Peter Piepenhagen, Property Owner
The Hearing opened at 7:58 PM.
Mr. Vaughn presented the petition. He stated the hardship is the unusual lot shape, it steps
back. If it followed configuration along the line they would not need this Variance. Because this
is a corner lot the setback requirement is 20 ft. and they do not have 20 ft. to build a 3 d garage
bay. The family has twins who will be driving age in a year. There is a screen of trees that run
along the sidewalk and road way. This is a modest one story addition. The building rises above
the garage and is not increasing the mass of the building.
A Board Member, Norman P. Cohen, asked how many of the trees will be taken down and he
questioned the driveway (Mr. Vaughn responded only one tree was removed and it was not
subject to the tree wardens jurisdiction. They are not increasing the curb cut to the driveway).
A Board Member, David G. Williams, stated the frontage of this house was originally on Woburn
Street and the developer wanted to change address to Marshall Road. He then asked why the
owner has landscaped the Town property (Mr. Piepenhagen stated those trees were there when
they moved in in 2003).
Mr. Williams asked what the white blocks are that they have on the property (Mr. Vaughn
explained when they were first hired they thought this was an as of right project and submitted a
building permit. The white blocks are for the direct bury system that allows them to install a
foundation.
Mr. Williams stated he thought that the white building materials appeared to be on Town
property. He then stated the screening is obscuring the view from the road and is a public safety
concern (Mr. Vaughn stated it is a reasonable request to thin or remove that screening).
A Board Member, Nyles N. Barnert, stated the driveway can be within five feet from the property
line and the cars can sit outside on the driveway, he asked why it is not hardship to have the
cars outside (Mr. Piepenhagen responded the intent of the garage is also for storage).
Mr. Barnert stated a corner lot is not unique.
Mr. Clifford stated the unusual setback was just a misunderstanding of where property boundary
is. It looks like a rectangular lot with no topography issues or soil condition. This does not qualify
for a variance.
Mr. Vaughn stated he would like to withdraw the application.
On a motion made and seconded, the Board voted 5-0, to allow a withdrawal without prejudice.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, Norman P. Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 21 Muzzey Street
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.
The petitioner submitted the following information with the application: Nature and Justification
and Plans. Also submitted was a waiver request for a certified plot plan. Submitted at the
Hearing on November 14, 2019 was photos of the lot.
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 Economic
Development, Engineering and the Zoning Administrator.
Presenter: Nancy Avallone, Office manager for Coppe Dentist Office and Mark Gaffney, Sign
designer
The Hearing opened at 8:11 PM
Ms. Avallone presented the petition. She stated the Historic District Commission approved the
sign and they have not had signage for their business for 2 years.
The composite of the sign was discussed and the Board shared their concern that the rendering
of the sign did not match the description of what was being proposed.
Mr. Gaffney stated the computer does not print out the colors correctly so they are not exact.
The sign will have granite posts that are light gray, the sign will be a medium gray background,
gold leaf hand carved outlined in black.
Mr. Clifford clarified the sign and its location.
Ms. Avallone explained location and submitted photos. She stated the sign will be 20.5 feet from
the grass plus the sidewalk which is another 4 feet.
Mr. Clifford asked the Building Commissioner if he would have sufficient information to approve
a building permit (The Building Commissioner responded no).
Mr. Clifford stated his concern that the measurement is unclear. He asked if it will be the 20.5
feet from the edge of the side walk near the grass from the close edge of the post and the 12.5
feet is from the foundation of the building to the close edge of the post. He also clarified there
would be no illumination.
Ms. Avallone responded that measurement was correct but there will be illumination and the
Historic District Commission approved the illumination.
Mr. Clifford stated the illumination is not reflected in any of the plans. They need to know what
they are approving. There is nothing indicating the illumination on the plans. They don't have a
picture of the actual sign with the correct colors and location. He recommended a continuance.
Mr. Williams stated his concern about the height of the posts and the lighting in a residential
neighborhood.
Ms. Avallone clarified they are in a commercial zone an agreed to a continuance.
On a motion made and seconded, the Board voted 5-0, to continue to December 12, 2019
Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, Norman P. Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Address: 127 North Street
The petitioner is requesting TWO 2 VARIANCES in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1 to allow 3 stories
instead of the required 2.5 and allow a front-yard setback of 14.4 ft instead of the required 30 ft.
The petitioner submitted the following information with the application: Nature and justification,
topographic map, and floor plans. Also received was a drainage grading 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 Zoning Administrator.
Presenter: Fredrick Gilgun, attorney and Keith Miller, Architect
The Hearing opened at 8:30PM.
Mr. Gilgun presented the petition. He stated the existing dwelling is non-conforming sitting18.2
feet from property line. After the first 25 feet the topography slopes 4 feet over the next 40 feet.
There is a pond that sits in neighboring parcel to the rear and a 100 year flood plan encroaches
onto the property. Both of these affect the soil. The proposed house sits 14.4 feet on the front
setback because of the porch and stairs. The 100 year flood zone pushes the structure into the
front yard setback. In order to avoid flooding the grade has to change. Under the Wetlands
Protection Standards for every 1 foot you add you have to replicate storage area in the flood
zone. The property will be filled and re-graded in order to raise the slab of the cellar above flood
grade level. When you add the foundation you get the creation of the story. Allowing a variance
would not be a substantial detriment. The current lot size would support a home 7,487 sq. ft. It is
in a wooded area with nobody behind them. It is keeping with character of many homes.
A Board Member, David G. Williams, asked why not propose a house of a more modest size
(Mr. Miller responded they worked hard not to maximize the lot, they are almost 3,000 sq. ft.
below what they could potentially build).
Setbacks were clarified.
Mr. Miller stated they are below the overall height and could be almost 4 feet taller than what it
is now.
Chair, Ralph D, Clifford, stated he shared the concern of Mr. Williams. Because of the wetlands
there will almost certainly be a variance needed but this proposal would not get his support. It is
a small lot and a small street, it is not a place that calls for a house of this size. The granting of
variance is justified on soil conditions, lot size and topography but he stated he does not buy the
hardship. He then asked to clarify why they are going up the three stories.
Mr. Miller Explained the existing average grade is at 180 feet. As soon as you do anything over
6 feet it is considered a story.
Mr. Clifford asked why they couldn't do 5 '/2 feet and stated that takes away the hardship (Mr.
Miller responded they could but the home owners want space for storage. When the site slopes
there is a building code minimum from the soil to the top of the foundation wall. He prefers to go
above the minimum by a foot).
Mr. Clifford stated they want this big house and by designing the big house they have hardships.
If they were to design a smaller house most of the hardships would disappear.
Mr. Miller Stated if they did lower the house a foot they wouldn't be here for story count and lose
the basement. The size of the house does not cause the story count, it's the elevations that are
causing the story count.
Mr. Clifford stated that's part of building on this lot in Lexington. The project can be redesigned.
He stated he is not compelled they have a hardship. The hardship is self-caused. The proposed
house is bigger than this lot can support.
Mr. Williams agreed with Mr. Clifford's concerns regarding hardship and house size.
The hardship and Zoning By-Law were further discussed.
There were no questions or comments from the audience.
A Board Member, Jeanne K. Krieger agreed with the previously stated concerns.
Mr. Clifford stated there is a degree of trade off that has to be done. Minimizing the size of the
Variance is the best approach. The house needs to be a lot smaller.
The applicant agreed to a continuance.
On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to
continue to January 9, 2019 Hearing.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
November 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G.
Williams, Norman P. Cohen and Nyles N. Barnert
Alternate Sitting: Hank Manz
Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative
Clerk
Other Business:
1. Chair, Ralph D. Clifford, stated the staff wanted the Board to vote on standard language
for a Variance. This language is that when a Variance is granted it is for purposes limited
to the specific structure of the request that is filed. We can do this as standard language
so that anytime we adopt a Variance the staff will automatically include that language.
On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0 in
favor of approving the language change of a Variance.
2. Minutes from the October 24, 2019 Hearing
On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0 in
favor of approving the meeting minutes from the October 24, 2019 hearing.
On a motion made and seconded, the Board voted to adjourn.