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HomeMy WebLinkAbout2020-06-25-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 26, 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: 6 Carley Road The petitioner is requesting a VARIANCE and SPECIAL PERMIT 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 side yard setback of 5.8 feet instead of the required 12 feet and 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, topographical plans, elevations, and plans. Also received was an 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 Engineering Department, Planning Department and the Zoning Administrator. Presenter: Scott Noonan, home owner and John Petros, General Contractor The Hearing was opened at: 7:00 PM. Scott Noonan presented the petition. He explained the proposal. They need more space for their family. He stated the garage would be to fix a safety issue during the winter and that the current neighbor is okay with the structure being close to the property line. The property is an odd shaped lot. They already have a shed that is very close to the property line and that is where the garage would go. John Petros stated he looked into many different options on the odd shaped lot. It's an impossible lot. They considered placing the garage behind the house but it would not tie into the house that way. A Board Member, Jeanne K. Krieger, stated she would like to hear more about the alternative ways to do this. She has difficulty with it being so close to the property line. They could consider moving the garage towards front of the house. (Mr. Petros stated the living room is 12 by 10 and has two windows where the garage would go if they moved it up. They would have to cut a window out and that would kill that space. The garage has a mudroom and home office above. If they made the garage narrower they would not be able to fit the stairs to go up). Mr. Noonan stated the shed right now is only three feet from the lot line. So they are creating less of an intrusion than what exists. A Board Member, David G. Williams, stated he agreed with Ms. Krieger. He is concerned with having a room above the garage. There will be windows with a house next door very close. It is too close to the property line. It should be more in the back and they will still have a decent sized back yard. A garage is nice to have but not something they have to have. A Board Member, Nyles N. Barnert, asked why the garage was 32 feet deep when it could be only 24 feet deep (Mr. Noonan stated the homeowner wanted a mudroom behind the garage). Mr. Petros stated they are hoping to have the mudroom as they have three young boys in a tight space. Mr. Barnert stated if they got rid of the mudroom and moved the stairs to the left side would not be so close to the property line. Chair, Ralph D. Clifford, stated it is unlikely the Board will be willing to grant this variance as it stands. Such a large increase is problematic. It is a very small lot that holds a smaller house. The challenge is putting in everything the homeowner wants. The lot is not an outrageous shape. Mr. Barnert stated there is a bump out on the right hand side and questioned what that was. (Mr. Petros stated that was a gas fireplace). Mr. Barnert asked if that would need a Variance as well. Mr. Clifford stated if that is not preexisting that will need a Variance. The Zoning Administrator stated the applicant stated it is replacing an existing area that was a bathroom. Mr. Clifford asked if that is existing (Mr. Petros stated it is not existing. They can redesign that). The Zoning Administrator stated the existing setback is 11 feet and 12 feet is required so it is non-conforming. They could go closer on that side and it would be a Special Permit. Mr. Clifford explained the difference of a Special Permit and a Variance. A Board Member, Norman P. Cohen, asked if the Board is comfortable to vote, assuming all issues are addressed, that this comes up to a Variance standard. It might not meet Variance standards. Mr. Clifford stated it is unlikely to obtain the Variance on this lot. The hardship is missing. The homeowner may not be able to get the garage. The Board agreed they would not vote for this Variance as it stands. Mr. Clifford stated this house will be there for 100 years. The next neighbor might not want this big structure so close to the property line. The applicant requested a continuance to July 23rd Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continue to July 23, 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 June 9, 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: • Minutes from the May 14, 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 April 23, 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). • Discussion of storm water management The Chair suggested the Board watch the video regarding storm water and ground water. This is something the Board may have to consider or address and they will want to be informed. 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).