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HomeMy WebLinkAbout2020-04-23-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 45 Fottler 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 accessory 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 and the Conservation Administrator. Presenter: Molly Obendorf The Hearing was opened at: 7:00 PM. Molly Obendorf presented the petition. She stated she is speaking on behalf of Paul Kirchner and the homeowners of 45 Fottler Avenue. There is an existing detached garage that is non- conforming. The proposed project is to remove the one car garage and replace it with a two car garage. The non-conformity will not be extended. The front yard setback will remain at 21.2 feet and the side yard will be increased from 4.5 feet to 5 feet. They are going through the process of going before the Conservation Commission. They have been before the Commission once so far. A Board Member, David G. Williams, stated on the right side of house the landscaping intrudes onto the Arlington line. He asked if any steps have been taken to delineate the property line and the Arlington line (That is being dealt with conservation. This is just for the structure). Mr. Williams then asked why build a two car garage (A two car garage is more practical, there are more than two people living in the house and they have a small driveway. They are not increasing the non-conformity. The homeowners would like to keep it as a detached garage). Mr. Williams questioned why so much of the circle driveway encroaches in the Town Street (That doesn't have to do with the structure. It's an existing landscaped area). A Board Member, Norman P. Cohen, questioned the age of the house and garage. Mr. Williams clarified that the house was a ranch that they put a second story on. That is why the garage looks older. A Board Member, Nyles N. Barnert, stated the Conservation Commission has not made a decision. He questioned what would happen if the Conservation Commission disapproved (The only outstanding issue with the Conservation Commission is with regard to mitigation. They have had no issues with the structure itself. They are working out mitigation of increasing impervious area and the increase in runoff). Chair, Ralph D. Clifford, stated the garage is 8 feet off the house in one direction and 6 off in another. He asked why it cannot be moved closer to the house (The homeowners would like to keep it detached and have space to move around the garage). There were no questions or comments from the audience. The Hearing was closed at 7:19 PM. A Board Member, Jeanne K. Krieger, stated she would like to wait until Conservation Commission Hearing has been held. Mr. Cohen agreed with Ms. Krieger. Mr. Clifford stated the Board is supposed to weigh the impact against the neighborhood. A property that encroaches on Conservation land is bothersome. Without the condition that the retaining wall encroachment and the landscaping that is in the Arlington Conservation land are removed he would not be able to vote for any Special Permit. The garage could be moved closer to the building. He is inclined to vote no and suggested a continuance. Ms. Obendorf recapped what was being requested by the Board. The circle driveway was then discussed again and Ms. Obendorf was suggested to discuss this with the Building Department. The Zoning Administrator stated the Conservation Commission meeting is scheduled for May 4, 2020. Ms. Obendorf agreed to continue to May 14, 2020 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to May 14, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 24 Swan Lane The petitioner is requesting a VARIANCE 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 a front yard setback of 10 feet instead of the allowed 30 feet. The petitioner submitted the following information with the application: Nature and Justification, Topographic Map, Plot Plan, Elevations and Plans. Also received was abutter letters. 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, the Zoning Administrator, Engineering, Planning Department and Conservation Administrator. Presenter: Alexandra Elliot, homeowner, Howard Raley, architect and Colin Flavin, architect The Hearing was opened at: 7:28 PM. Alexandra Elliot presented the petition. She stated they have three children who are going to have driving permits soon. Swan Lane is narrow and there is not enough parking. The property line is actually 10 feet from the road. They tried to make it in compliance but that created a 40 foot driveway and lifts the garage 20 feet in the air. It would have required a large bridge that would be unattractive. From there they changed the garage to a carport. The design is slatted and it will be transparent. They spoke to the Engineering Department and stated they are happy to turn add a berm at the end of the driveway if that would be more amenable to future ROW work. Mr. Flavin stated the goal is to accommodate an art studio which is in compliance with zoning regulations. Also to propose a carport. They wanted to set the building back as far as possible without making it overly imposing. If they followed the setback of 30 feet they would run out of room on the rear property line for the art studio. A Board Member, Jeanne K. Krieger, confirmed this was a carport and not a garage. She also asked for clarification on location (Mr. Flavin stated that was correct and location was clarified). Ms. Krieger then asked the applicant to address the Conservation Administrators comment about mitigating runoff(Ms. Elliot stated there is a plan for a drywell). Mr. Raley confirmed they would be doing a storm water management system. A Board Member, David G. Williams, asked what was going to be underneath the carport (Mr. Flavin stated there is no usable space, just foundation). Mr. Williams asked about an easement (Ms. Elliot stated that term came from the Engineering Department comment about the right of way. They have a fund to pave Swan Lane. They do not know what the 10 foot distance is between Swan Lane and the property line). Mr. Williams asked the Zoning Administrator if that 10 feet is owned by the Town. The Zoning Administrator stated Swan Lane is not a public Road and they would most likely need the Planning Department for a street determination because they are adding more than one thousand square feet of gross floor area. A Board Member, Norman P. Cohen, stated now they will have room for four parking spaces and asked if the neighbors have been in support (Ms. Elliot stated the neighbors have been supportive). The materials being used to build the carport were discussed. Chair, Ralph D. Clifford, asked if the intent is to keep both driveways (Ms. Elliot stated that was correct). One of the grounds for a variance is compelling hardship. This is a lot where topology is met with a variance. Although there is not a compelling hardship considering there is already a place to park three cars. He asked why is there a compelling hardship to put in this carport (Ms. Elliot stated it is tight for three cars in that driveway. Also Swan Lane is narrow so you can't park on the road. Most people have a two car garage and then a driveway to park the cars in behind the driveway). An audience member, Peter Warren of 11 Moon Hill Road, stated his support for the project. There were no further questions or comments from the audience. The Hearing was closed at 7:54 PM. Ms. Krieger stated it is a safety issue with the small road and she has no objection. A Board Member, Nyles N. Barnert, stated he agreed with Ms. Krieger. Mr. Clifford stated he is going to vote no because there is not a compelling hardship. There were no further questions or comments from the Board. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room April 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 3 Eldred 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, 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 Engineering Department, the Building Commissioner and the Zoning Administrator. Presenter: Richard Kumpel, contractor, Vikas Goel, homeowner, and Shayane Rangel, designer The Hearing was opened at: 8:02 PM. Vikas Goel presented the petition. He stated they have a 2 bedroom house with one bathroom and they use the third bedroom as a pantry. Their mom lives with them as well. They were hoping for an expansion so they can continue to live in the neighborhood. Shayane Rangel stated they are proposing to add three bedrooms on the second floor and a basement of minimum 8 feet below grade. They did have an engineer looked at the water level. She then explained the layout of the plans. Richard Kumpel stated the applicants have a small space for their family and need more. They are looking to add a basement, a second floor and attic space. A Board Member, David G. Williams, asked about the basement (Mr. Goel stated there is a crawl space now under two thirds of the house. An addition was done at some point which is on a slab. The plan is to excavate the basement where the crawl space is and not where the slab is). Mr. Williams then asked if the attic will be a walk up attic (Ms. Rangel stated yes it is a walk up attic. Right now it will be just for storage but they wanted enough height to make it a play room for his kids in the future). Mr. Williams stated the rooms look roughed out on the third floor and asked if it puts them over the allowable square footage (Ms. Rangel stated they are going to keep it below the 49 percent of livable space). Chair, Ralph D. Clifford asked what it means to excavate the basement (Mr. Kumpel explained the location of basement and stated it will be 8 feet high). Mr. Goel stated they are looking forward to growing old there. There were no questions or comments from the audience. The Hearing was closed 8:18 PM. There were no further questions or comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention 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 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 7 Calvin 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, Plot Plan, Elevations 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: Michael McNeil, contractor and Ravish Kumar, homeowner The Hearing was opened at: 8:20 PM. Ravish Kumar presented the petition. He explained they need extra space for their family. The plan is to expand the second and third floor. Mr. McNeil stated the Special permit is required because the setback currently sits at 26.4 feet and the required setback is 30 feet. The proposed addition will stay within the confinement of the existing house. The height restriction caused them to move the pitch of the roof from a 10 pitch to a 9 pitch, which made them in compliance with height. A Board Member, Jeanne K. Krieger, stated she is worried about the height at 29 feet 6 inches. It is incredibly close to the allowed 30 feet and they are leaving themselves only 6 inches (Mr. McNeil stated this would bring this house to be more similar with what is in the neighborhood). A Board Member, David G. Williams, stated he agrees with Mr. McNeil after seeing the houses on both sides of this property it would make it more similar with the neighborhood. Chair, Ralph D. Clifford, stated the builder should measure twice. The roof cannot be too high. Mr. McNeil stated he is working with the building commissioner and they are trying to do everything right. An audience member, Henry Wong of 25 Ivan Street, stated his objection to a taller house. Mr. McNeil stated the house would not block any view of anything from the abutter's house. Mr. Clifford stated the Board did go out to see the house prior to the Hearing and they are familiar with the neighborhood. So they will take this in consideration as they make their decision. Mr. Kumar stated this is a necessity for them. They need more space and they do not want to move. There were no further questions or comments from the audience. The Hearing was closed 8:34 PM. There were no further questions of comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention 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 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the March 12, 2020 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention in favor of approving the meeting minutes from the March 12, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams —Yes, Norman P. Cohen — Yes, and Nyles N. Barnert—Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to adjourn (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes).