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HomeMy WebLinkAbout2020-02-27-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Associate Member Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 225 Waltham St The petitioner is requesting (2) TWO VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow 2 (two) separate side-yard setbacks of 11 ft instead of the required 15 ft. The petitioner submitted the following information with the application: Nature and Justification, topographic plan, plans and a waiver request for a certified plot plan. At the Hearing on February 27, 2020 a copy of the dead and exhibit A were submitted. 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 the Zoning Administrator. Presenter: William Erickson The Hearing was opened at: 7:00 PM. William Erickson presented the petition. He stated the deed states the house is part of a condominium. This was developed in 1986. An ANR divided the lot into two parcels but there was no evidence this was ever recorded with the registry of deeds. Originally the house was divided into two units and became one unit. The Town's records stated it is two parcels and they do not meet the side yard setbacks. This request is for a canopy and portico over the two doors to provide roof shelter. The garage is on lot B. The house is setback from the street and the project will be in scale with the neighborhood. There is a drop off in the back, one thought was to add a garage and make it connect to the house but the topography made that not possible. Chair, Ralph D. Clifford, stated he is guessing that the wrong party is asking for relief. The client's deed indicated she has unit C, there was no indication about different lots or parcels. Both parcel A and parcel B are owned by a condominium. Why is the condominium association not here requesting relief (If it was a condominium and it did include the whole parcel they wouldn't need this request). Mr. Clifford asked if there is a condominium association and are they presenting this (There is a condominium association and they did vote to approve this project. Then they applied for the permit and it was discovered there was a problem with setbacks). Mr. Clifford stated the good news is this is a condominium. The applicant should to go to the Planning Board and state they want to put the two parcels together (The deed says its one parcel, why does that not count). The master deed mentions two different parcels as being owned by the condominium. The condominium owns parcel A and parcel B but that doesn't mean they are the same parcel. A Board Member, Norman P. Cohen, stated he agrees with Mr. Clifford and read it was a condominium. He asked wouldn't parcels A and B already be one unit because it has been combined by use (De facto, it has been used as one parcel. Documents indicate common use of the parcel). Mr. Clifford recommended the applicant take a continuance and talk to the Planning Department. The exhibit A centre oak condominium parcel description, record from the Registry of Deeds, maintains the separate lots with different square feet so as two different zoning parcels. He stated he does not think de facto merger puts two parcels together. Chapter 41 section 81 P says you can go to the Planning Board and say this is not a subdivision and get an AN R. Mr. Erickson agreed to a continuance. Mr. Clifford then stated he has submitted two documents to the file for record. On a motion by Beth Masterman and seconded by Jeanne K. Krieger the Board voted 5-0, to grant a continuance to May 28, 2020 Hearing. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Associate Member Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 160 Lincoln Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 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, Plans, and Photographs. Also received was gross floor area calculation and abutter letter 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, Health Department, Conservation Administrator and the Zoning Administrator. Presenter: Colin Smith The Hearing was opened at: 7:20 PM. Colin Smith presented the petition. He stated the owners purchased the home last year with what they thought was a two car garage. They realized the cars do not fit and they currently have to park in the driveway. There is a significant bend in the road. It is a long narrow lot and two thirds of lot is wetlands and has a steep grade. It exhibits all three hardships needed for a Variance. The request is to add 6 feet to the existing garage. This will allow them to have guests park in the driveway instead of on the road. This has been approved by the Conservation Commission. A Board Member, Nyles N. Barnert, asked what the effect of guest parking in the driveway would be (There would be no effect, two cars would fit in the driveway without obstructing the sidewalk). Chair, Ralph D. Clifford, asked how deep the current garage is (interior dimension is 16 feet 2. One could probably fit a small car but would not be able to get around the car). An audience member, Andrew Yu of 160 Lincoln Street, stated he is the homeowner and his car does not fit. He stated his concern for their child running out into the street because they have to park in the driveway. There were no further questions or comment from the audience. The Hearing was closed at 7:26 PM. Mr. Barnert stated this is a reasonable request. There were no further questions or comments from the Board. On a motion made 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 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 February 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Associate Member Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the February 13, 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 February 13, 2020 hearing. On a motion made and seconded, the Board voted to adjourn.