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HomeMy WebLinkAbout2020-02-13-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 13, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert and Associate Members James Osten and Hank Manz Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 57 Liberty 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 135-4.4.3 to allow more gross floor area than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, floor plans, a plot plan waiver request, and abutter letters of opposition. At the Hearing the applicant submitted abutter letters 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 and the Zoning Administrator. Presenter: Colin Smith The Hearing was opened at: 7:00 PM. Colin Smith presented the petition. He stated the existing single family home currently has three non-conformities. The new house will conform to height regulations and building setbacks. The relief they are asking for is to allow a taller basement ceiling height to allow for an in-law bedroom. He then submitted abutter letters in support. A Board Member, Jeanne K. Krieger, clarified the requested relief. A Board Member, Hank Manz, stated they meet all current requirements and were you to decide not to have the increased height in the basement you wouldn't change the rest of the house (That is correct. The request is for about two thirds of the basement, about 1000 square feet. It is 1800 square feet for the entire basement, so 800 square feet can have taller height). A Board Member, James Osten, asked what the existing basement height is (The basement is partially finished at about 7 feet). Mr. Osten stated he calculated about 800 square feet of basement by right. He asked about how much of hardship it would be to just put in the 800 square feet (In order to make a habitable building compliant space for it to be an in-law are they need to have a code compliant egress which is 6 feet 8 inches or greater. The HVAC system further lowers the ceiling height as well. There is an amended proposal for gross floor area that removes the basement from the calculation). Chair, Ralph D. Clifford, stated they received basement floor plans without dimensions and asked for the size of various rooms (Explained basement floor plan and rom size). Mr. Clifford asked what the total square footage be for the bedroom, recreation room, bathroom and entry way (1,000 square feet, that's the ask. The mechanical, bathroom and the stairs represent the 800 allowable square feet). Mr. Clifford then asked if the mechanical room and the room next to it was stepped up so it becomes compliant how far away would they be from this being a matter of right (It could only be the mechanical space. The bathroom and the other rooms and stairs have by code 6 feet 8 inches or greater. The room to right of the recreation room needs the window. An audience member, Robert Heingartner of 53 Ledgelawn Avenue, asked in order for the basement not to count in gross floor area ratio how low does the ceiling have to be (Under 6 feet 8 inches). Mr. Heingartner then discussed the negative changes in neighborhoods due to tear downs. He also discussed the gross floor area bylaw change and stated the Board should reject the application. A house that conforms can be large enough. This bylaw was put into place to prevent this kind of out of scale house. Mr. Smith stated they spent a great deal of time trying to scale the house for the neighborhood and allow for less shadowing. The intent of the gross floor area bylaw is to limit the density and massing on the site. The basement doesn't contribute to its effects on its neighbors because it is below grade. This request is driven by code necessities and the house will be more compliant than the existing home. There were no further questions or comments from the audience. The Hearing was closed at 7:20 PM. Ms. Krieger stated it is her intention to vote against this proposal. The gross floor area bylaw was designed to reduce the massiveness of houses. If this house were of appropriate size they would not need to use the basement as additional living space. Mr. Manz stated he is conflicted. The letters in opposition point out what they would like to see is less above ground mass. Taking away the basement does not reduce that. There is an article before town meeting to forget the basement but there will be a change in what is allowed above ground. The intent of the bylaw was in hopes to reduce a house that goes to the boundaries. He stated he would then agree with Ms. Krieger. Mr. Osten stated when he viewed the property about eight homes border the property. There are three neighbors that are opposed to this and that should be considered. A Board Member, Nyles N. Barnert, stated they have the option to make the house smaller and still keep the basement. Mr. Clifford stated he does not think the gross floor area limitations are only concerned with the massing of the house. The secondary issue is to keep the economic diversity of house in Lexington. Even if the space is in the basement it still increases the overall purchase price of the house. He stated he would vote against the proposal and suggested a withdrawal. Mr. Smith agreed to the withdrawal. There were no further questions or comments from the Board. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a withdrawal without prejudice. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 13, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen and Nyles N. Barnert and associate members James Osten and Hank Manz Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 2219/2227 Massachusetts Avenue The petitioner is requesting 2 (TWO) SPECIAL PERMITS 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 non-conforming structure at 2227 Massachusetts Avenue and 135-9.4 and 135- 6.7.7 to allow an accessory structure apartment at 2219 Massachusetts Avenue. The petitioner submitted the following information with the application: Nature and Justification, floor plans, and a plot plan waiver request. 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, Engineering, and the Zoning Administrator. Presenter: Homeowners Daiva Veitas and Raymond Kobs The Hearing was opened at: 7:25 PM. Daiva Veitas presented the petition. She stated they have a one family home, the second floor has three bedrooms and a tiny bathroom. They hope to make it more modern without changing the structure or character. They wish to expand the second floor. The stone store has not been used since 1999. They hope to add to affordable apartments in Lexington. A Board Member, James Osten, asked if they have done calculations for the gross floor area for the accessory apartment (Ms. Veitas responded yes, it is below the 1,000 square feet). A Board Member, Jeanne K. Krieger, stated there is a lot of pavement and asked if they intend to change that (Ms. Veitas stated they agree there is a lot of asphalt but they have to maintain the parking spots). Chair, Ralph D. Clifford, stated they received a comment from conservation administrator and asked if they have started that process (Mr. Kobs responded yes, it's about 103 feet from the wetlands). There were no questions or comments from the audience. The Hearing was closed at 7:34 PM. Mr. Clifford stated using the stone store as an accessory structure apartment is the perfect use for something that is part of Lexington's charm. There were no further questions or comments from the Board. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to 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 2 (TWO) SPECIAL PERMITS 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 non-conforming structure at 2227 Massachusetts Avenue and 135-9.4 and 135-6.7.7 to allow an accessory structure apartment at 2219 Massachusetts Avenue. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 13, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert and associate members James Osten and Hank Manz Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the January 23, 2020 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 January 23, 2020 hearing. On a motion made and seconded, the Board voted to adjourn.