Loading...
HomeMy WebLinkAbout2020-03-12-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 12, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 25 Hillcrest Avenue The petitioner is requesting TWO (2) VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1 Table 2, Schedule of Dimensional Controls to allow a side yard setback of 16.1 ft instead of the required 20 ft and to allow a 14.1 ft rear yard setback instead of the required 15 ft. The petitioner submitted the following information with the application: Nature and Justification, topographical 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, Building Commissioner, and the Planning Department. Presenter: Brian Hotchkiss The Hearing was opened at 7:00 PM. Brian Hotchkiss presented the petition. He stated they are trying to put an awning over the side door. They realized the house was built into the setback of the side yard and the rear yard. He did submit an updated plot as requested by the Board at the previous Hearing. Chair, ralph D. Clifford, clarified that the awning does not go out as far as the steps (That is correct). He then asked if it extends further than the landing (Yes, it will go out by a foot or two on each side but within the setback). There were no comments or questions from the audience. The Hearing was closed at 7:05. Mr. Clifford stated the updated plot plan helped a lot. There were no further questions or comments from the Board. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to grant TWO (2) VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1 Table 2, Schedule of Dimensional Controls to allow a side yard setback of 16.1 ft instead of the required 20 ft and to allow a 14.1 ft rear yard setback instead of the required 15 ft. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 12, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 15 Fulton Road 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 135-4.4.3 to allow more gross floor area than otherwise allowed. 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 Zoning Administrator. Presenter: Jack Qui The Hearing was opened at: 7:07 PM. Jack Qui presented the petition. He stated there is inconvenience accessing the attic. The attic contains the furnace, HVAC systems, etc. His father has been diagnosed with knee damage and recently fell down from the pull down stairs. They are not looking to expand the livable area. This is for the safety of accessing the attic. A Board Member, David G. Williams, clarified what was in the attic. He then stated the brochure to sell the house states it includes the finished third floor with a bathroom and a bedroom, why is this (That was misinformation. The pictures submitted shows it is unfinished) There are full sized windows there and they are advertising it as finished. He asked at what point they purchase the house (They bought it when the third floor was insulated). A Board Member, Norman P. Cohen, asked if Mr. Qui lives there and if his parents live there (Yes). He then asked if there was originally going to be a stairway and that was changed (There was the demo of the staircase because the gross floor area did not allow it). The Board has a number of these cases where homes are built and follow zoning. They didn't have to count the attic because it's just a pull down. If they had originally had the stairs that would have counted and made the square footage over what is allowed. Mr. Qui stated they don't need the third floor because the house is big enough. The equipment is in the attic and needs to be accessed safely. Chair, Ralph D. Clifford, states in the application they indicate the space is just for storage (Yes). In the pictures there is strapping for drywall and internal framing has been constructed as if being broken up into different rooms. There was an application filed on February 13, 2020 that shows this was going to be a recreation room, bedroom and bathroom. The Board might be concerned of the purpose of future steps (They are happy to accept a condition not to change third floor and they are happy to have people come visit the house to see it is not finished. They only need the access). He asked if they would be agreeable to removing the internal framing. (They will talk to contractor to see if they will be taken out). Historically an application like this one has been turned down. They don't look at it from the current occupancy, they have to look at it for the next 100 years. Mr. Qui stated before the closing the inspector asked the builder to take out things that could lead towards finishing the area. There were no questions or comments from the audience. The Hearing was closed at 7:20 PM. A Board Member, Nyles N. Barnert, stated it sounds like the third floor is going to be used more than occasionally and that he cannot support it. A Board Member, Jeanne K. Krieger, stated she also could not support the proposed application even with the condition that framing and strapping be removed. Mr. Clifford suggested a withdrawal. Mr. Qui agreed to the withdrawal. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to grant a withdrawal without prejudice. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 12, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 25 Kendall Road 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 the reconstruction of a non-conforming structure. 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 Zoning Administrator. Presenter: John Orchanian, Homeowner The Hearing was opened at: 7:24 PM. John Orchanian presented the petition. He stated they moved to 25 Kendall Road 17 years ago. They would like to rebuild the garage. The garage has a roof that is caving in, moss growing on it and it is unsafe to use for any purpose. A Board Member, David G. Williams, asked if they are willing to push it back to a more appropriate setback (That would make it difficult to enter the garage door. They do understand it's too close to the neighbor's property but they did speak to neighbors and they are okay with it. During construction there will be debris so a temporary fence will be put up). Mr. Williams stated they have 51 feet of frontage which would be a 7 foot setback. A 5 foot setback is more appropriate. (We can't move it because we have a finished space next to the garage. They would need to rebuild stairs). Mr. Williams stated he would vote against this unless it is a 5 foot setback. An audience member, Arie Orchanian of 25 Kendall Road, stated they would appreciate a vote in favor of this project. The garage is in a state of disrepair. Shrinking the space would make it difficult. There were no further comments or questions from the audience. The Hearing was closed at 7:30 PM. A Board Member, Norman P. Cohen, stated this is a good proposal and he will vote yes. A Board Member, Nyles N. Barnert, stated it will lead to a better looking property. Chair, Ralph D. Clifford, stated moving the garage to the left would be challenging for access to cars. Also because they are so close to the border of the next parcel the contractor will have to fire rate that wall and part of the structure around the side. On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 4-1 (David G. Williams in opposition), to grant 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 the reconstruction of a non-conforming structure. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 12, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the February 27, 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 27, 2020 hearing. On a motion made and seconded, the Board voted to adjourn.