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HomeMy WebLinkAbout2020-08-27-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 36 Woburn Street The petitioner is requesting SPECIAL PERMIT 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 Building Commissioner and the Zoning Administrator. Presenter: Amar Sahay, homeowner of 36 Woburn Street The Hearing was opened at 7:05 pm. Amar Sahay presented the petition. He stated the proposed modification does not create a new non-conformity and will not be more detrimental to the neighborhood. They would like to replace the existing deck with a mudroom. It would only increase the square footage marginally. The proposed addition will have a landing and front steps. The primary purpose of this proposal is to avoid bringing dirt into the house. All of their shoes are in the kitchen. A Board Member, Nyles N. Barnert, stated shed in the back is on top of an easement and is non-conforming (The shed was there when they bought the house. The entire house is non-conforming). Chair, Ralph D. Clifford, asked how long the shed has been there (They bought the house in 2013, not sure). Mr. Clifford stated if the gas company needs to get to that easement the property owner would have to move the shed. He questioned if the applicant would be willing to accept the condition the shed has to be removed, it is too close to property line. The Zoning Administrator stated if the shed has been there for more than 10 years it is grandfathered in and can stay. Mr. Clifford stated the current ownership only goes back 7 years. Mr. Barnert suggest the shed could be moved to the other side of the property Mr. Sahay stated they are not willing to give up the shed. They would have to look into relocating the shed. A Board Member, Jeanne K. Krieger, stated she would not demand it be a condition to move the shed. Moving the shed to the left would be more intrusive. There were no questions or comments from the audience. Mr. Sahay stated the mudroom will be a much used replacement of the deck. There were no further questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:27 pm (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). There were no 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 section(s) 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 Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 72 Kendall Road The petitioner is requesting a VARIANCE and a SPECIAL PERMIT section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow 3 stories instead of the required 2.5 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, plans, topographical map, and elevations. Also received was gross floor area calculations and 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 Conservation Administrator and the Zoning Administrator. Presenter: Lane Goldberg, representative of homeowner, Jin Zeng, from construction design management group and Chi Man, civil engineer. The Hearing was opened at 7:30 pm. Lane Goldberg, representative of property owner at 72 Kendall Road, presented the petition. He stated they are proposing a vertical addition. The Conservation Commission issued an Order of Conditions in February 2020. They are now seeking a Variance and a Special Permit from the Board of Appeals. The Variance is to allow 3 stories instead of the required 2.5 stories. The bylaw states the max feet is 40 feet and the proposal is for a maximum of 36.51 feet. The first floor is 7.68 feet and according to the bylaw is considered as story. Due to soil conditions a variance is required for reasonable use of the home. The entire site falls within bordering vegetative wetlands. The hardship results from the conditions on the land and the economic use of the land. It will not change the nature of the neighborhood. The house is existing non-conforming because it has a front yard setback of 29.7 feet. The Special Permit is for the front yard setback. A Board Member, Nyles N. Barnert, stated there is an error in elevation drawings. Jin Zeng, from design construction management group, stated they forgot to put in the existing sunroom, they are not touching that. They will have that put in for final building. Chair, Ralph D. Clifford, stated they are required to build in substantial compliance to what is approved. Mr. Clifford asked if the proposed addition is all below maximum height (Mr. Zeng responded yes). A Board Member, David G. Williams, asked how they are going to address making the basement living space (Mr. Zeng stated there has not been any water from when the homeowners bought the house and if during construction they do see any water they will rectify and put in a sump pump). Chi Man, civil engineer, stated the existing garage floor sits on grade. The site topography is high on the left hand side and it slopes down. The right hand side is on grade. Mr. Williams clarified the basement is not below grade it is at ground level (Mr. Man stated yes). Mr. Clifford stated his concern for the nature of the hardship. The house has been occupied successfully for decades. Where is the hardship? (Mr. Goldberg stated it results from the soil conditions on the land. It's an economic use of the land restrained by the unique soil conditions. They can't expand out. If the owner was able to go out they wouldn't need a variance, they cannot use their land the way that others can. Mr. Clifford stated the house could not be lacking in economic value. The soil conditions qualify it on that basis for a Variance but he is not convinced the hardship is substantial enough. Mr. Goldberg stated the hardship is derivative from the soil conditions, the use, and the expansion. It is the future intent of the land. Other properties can expand their footprint. On this property they cannot expand footprint. An audience member, Allen Zheng future resident of 72 Kendall Road, stated his father purchased the house for him, his wife, and child to eventually move in. They will need a big place for their family and they want to move to Lexington because of the school district. Conservation restricts them from expanding the footprint. The first level is like the basement which is why they want another floor. Mr. Goldberg stated the hardship is not just the economic benefit. It is looking at using the property to build a more suitable living space. They do not have the property right enjoyed by other properties. An audience member, Richard Goetz of 2 Apollo Circle, stated before the house was built they did not have water problems. They now required two sump pumps to maintain a dry basement. Its wetlands and the impact of the third floor is a concern. Mr. Man stated the proposed project will have zero increase in impervious surface. During the Conservation Commission review it was reviewed by the engineering department and storm water management was deemed sufficient. There will be no storm water impact. Mr. Zeng stated the structural engineering came in to test the integrity of the building. The tests showed all was capable of carrying this new floor. Mr. Goldberg stated Variances are hard to come by. The soil conditions only allow the owner to build vertically. This is a technicality in the Zoning Bylaw with the definition of a story. They are asking for three stories, it's going to be used as a basement on the lower level. The total height will be well under the requirement for height. There were no further questions or comments from the audience. There were no further questions from the Board. The hearing was closed at 7:55 PM (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). Mr. Clifford stated it's a given the soil conditions are established and having a direct impact on the Zoning question before the Board. The concern is the scope of the financial hardship. A two and half story building could be done without variance and give them about 500 square feet. It would be 40 percent of the floor below I which leaves for some development but not a lot. Is this enough of a limitation. It reminds him of another proposal they had on North Street, the Board made them come back with a smaller proposal because wetlands limited them. A Board Member, Norman P. Cohen, stated the North Street proposal was a brand new house, this proposal is an existing house. They are not taking it down. The point is correct but it doesn't go over the line. A Board Member, Jeanne K. Krieger, stated the first floor is really half submerged and the family is entitled to have two stories that are exposed to the sun. Mr. Barnert stated they could do it much bigger without the wetlands. The hardship is they can't do the maximum. Mr. Williams stated people who move to this town should realize they have an obligation to protect the land. He hopes that the person who lives there will work with the Town to protect that land. There were no further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a VARIANCE section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow 3 stories instead of the required 2.5 (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 grant a SPECIAL PERMIT section(s) 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 Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: • Minutes from the August 13, 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 August 13, 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).