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HomeMy WebLinkAbout2020-12-10-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1707 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.10 and 135-5.2.8.1 to allow a wall sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, 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 Historic District Commission. The applicant submitted a request to withdraw the application on November 2, 2020. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 52 Percy Road The petitioner is requesting SPECIAL PERMIT section(s) 135-9.4 and 135-3.4 Table 1, Permitted Uses and Development Standards, Line A.2.014 to allow outdoor parking of five (5) vehicles for a dwelling unit instead of the allowable four (4). 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. The applicant submitted a request to continue to January 14, 2021 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to the January 14, 2021 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 15 James 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 135-6.7.7 to allow an accessory structure apartment. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan and Plans. Also submitted was gross floor area calculations and a landscape plan. Received was a letter, signed petition and photographs from abutters. 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, Engineering Department, Planning Department and the Zoning Administrator. Presenter: Emil Thomas The Hearing was opened at: 7:20 PM. Emil Thomas presented the petition. He stated the reasoning for this request is because he has family that needs to live close and this would give them a place to live. They currently have an outhouse in the backyard that already has electrical and plumbing connections. They will not go ahead with this proposal until the family confirms they will be moving into the assessor structure. He talked about privacy of his family and abutters. The proposed driveway expansion is because parking is already tough as the road is an unaccepted way. There will be a walkway connecting the driveway and the accessory structure. A Board member, Nyles N. Barnert, stated his concern for the walkway and the slope in the property. A Board Member, Jeanne K. Krieger, suggested they put in evergreen to provide privacy and requested a landscape plan (Agreed). Chair, Ralph D. Clifford, made Mr. Thomas aware of the Short Term Rental Bylaw that has been published. He stated Mr. Thomas would not be able to use the accessory structure apartment as an air bnb or short term rental (Only looking to have family or long term renters). A Board Member, Norman P. Cohen, stated his concern for adding additional parking as it is a narrow road (All parking will be in the driveway and not blocking the street. It would only be an additional two cars in the driveway). A Board Member, Martha C. Wood, questioned the patio around the proposed structure (That was the architect's idea. They are not sure they have the patio). Mr. Clifford informed Mr. Thomas that he would be required to build according to the plans that have been submitted to the Board of Appeals if they were to approve the proposal. Mr. Cohen stated they received an abutter letter stating there is a question about the boundary lines. He asked if Mr. Thomas is aware of where the property lines are now (They had a surveyor survey the land and stake the property line. The abutter has not shown interest in talking or hiring a surveyor. They have not seen evidence of any encroachment, it is completely legal). An audience member, Ten Arya and Tenzin Arya of 5 Wright Street, stated the house is over five thousand square feet for two people, they have space in the existing house to have family live. They stated their concern for short term renting and privacy (Privacy is a mutual concern). An audience member, Israel Barak of 7 James Street, questioned Mr. Thomas's statement about there being no evidence of conflicting survey's on the boundary line dispute, has Mr. Thomas seen the two conflicting surveys sent to him? (Has not seen conflicting property steaks or boundary lines. More than happy to work out a date to have surveyors talk). Mr. Barak stated part of the proposal in an area that is in dispute. An audience member, Ven Meka of 13 Skyview Road, asked how air bnb's are enforced. Mr. Clifford stated that would be a matter of the zoning enforcement officer. The new ordinance is not yet part of the bylaw but it is likely to become part of the bylaw. He just wanted to make sure Mr. Thomas understood. Mr. Thomas stated he has no intention for this to be short term rental. An audience member, Beverly Tringale of 8 James Street, stated adding an apartment to a single family residential neighborhood is not right. Mrs. Tringale stated concern for water runoff due to the extension of the driveway. She then stated there is a fire hydrant at the end of the street and asked how the fire department would get that to the apartment (I don't know. Willing to work with the town and safety is a concern as well). Mrs. and Mr. Arya stated their opposition. Mrs. Tringale stated her opposition. Mr. Barak stated his opposition. He stated there are conflicting surveys regarding the property line. He is planning to do work on land that is in dispute. They need to first get recognition as to where the property line is. He stated his concern with how close the proposal is to his property. An audience member, Lei Gu of 17 Skyview Road, stated his opposition. Mr. Thomas stated there was no intention to change landscape. His family needs privacy. There were no further questions of r comments from the audience. There were no further questions from the board. The Hearing was closed at 8:05 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Mr. Clifford stated accessory apartments are something that is within the bylaws. The question is does this accessory apartment use qualify. Mr. Barnert stated the proposal looks like it's within setbacks so if it were the only building the comments about privacy would not be valid. Mr. Barnert suggested they could restrict the accessory apartment to be limited to relatives of the owner. Mr. Cohen stated his concern with the unaccepted way. He is not convinced this is the best proposal for this neighborhood. He stated he would vote against this proposal. Mrs. Wood stated her concerned that the proposal was not ready to come before the board — that there were too many things in the proposal that the petitioner said it might change later and therefore would have to vote against it in its present form. Mrs. Krieger stated she would like to see a landscape plan that provides privacy. Mr. Clifford stated the Board cannot resolve property line disputes and the abutter would need to go to the Building Department at the permitting level. He then stated his concern for the fire department accessing the accessory apartment. The Board discussed and agreed they would not vote in favor of this proposal. Mr. Thomas requested to withdraw without prejudice. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 18 Adams 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 135-8.42 to allow modification to non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, elevations, photographs and Plans. Also submitted was a plot plan waiver, the Historical Commission Decision and the Gross Floor Area Calculations. 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 Historical Commission. Presenter: Colin Smith, architect The Hearing was opened at: 8:13 PM. Colin Smith, Colin Smith Architecture, presented the petition. He reviewed the plan. The proposal is for a small addition for a bathroom of just 21 square feet and to reconstruct a bow window in a slightly different location. The proposal will not encroach any closer than the existing non-conformity. This proposal was before the Historic District Commission and approved. In 2017 there was repair on the garage. The lot line did not have a lot of definition and the workmen may have parked over the lot line. They plan to install temporary fencing to prevent encroachment during construction to prevent this from happening again. Chair, Ralph D. Clifford, stated the construction fence is a good idea. He suggested to put the fence on both sides of the property (Agreed). There were no further questions from the Board. An audience member, Deborah Rourke of 20 Adams Street, stated the property lines are open and she did need to place rocks on the property line because of the construction in 2017. She stated she appreciates the plan to put up fencing. There were no further questions or comments from the audience. The Hearing was closed at 8:23 pm (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). The Board agreed there should be a condition to have temporary construction fencing put up on both sides of the property before construction begins. 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 waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —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 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.42 to allow modification to non-conforming structure with the condition that temporary construction fencing be put up on both sides of the property before construction begins (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 9 Blake 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 135-6.7.7 to allow an accessory structure apartment. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan and Plans. Also submitted was Gross Floor area calculations and a landscape plan. 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 Engineering Department. Presenter: Olive Chong, property owner and Beth McDougal, architect The Hearing was opened at: 8:25 PM. Olive Chong, property owner of 9 Blake Road, presented the petition. He stated the property previously had a detached two car garage that was destroyed in a storm. They propose a larger three car garage with the upstairs to be used as in in-law apartment to be used by his retired parents. This would allow them to age in place and be comfortable. The proposal is for a two bedroom, one bathroom apartment. On the ground level they have included an attached garden shed area which has a deck above it that will be accessible from the accessory apartment. The Board stated their concerns for plantings and proper screening (They will first focus on priority areas and work on the rest of the plantings over the years. Trees will be roughly 30 to 40 feet fully grown but will be planting them at 2 '/2 calipers. He reviewed the planting plan). An audience member, Chris Maher of 21 Burlington Street, questioned the planting barrier and the balcony on the second floor. He stated the balcony would cause viewing into neighbor's yard and suggested they plant arborvitaes (They are trying to balance the plantings and not have it all green). An audience member, Ralph Deacetis of 3 Nowers Road, questioned the height of the structure (30 feet 1 inch and a half). Mr. Deacetis stated his concern for the height and the plantings. Beth McDougal, McDougal Architects, stated the structure is designed to fit in with the surrounding neighborhood and the existing house. The highest peak of the structure is lower than the existing house. It is taller than normal but they needed to get the proper pitches. They are going to plant trees that are between 10 and 20 feet and will grow over time. Trees on the boarders are top priority. A Board Member, Jeanne K. Krieger, asked what the height of the deck will be (about 11 feet 7 inches). So the deck will potentially be above the level of the trees going in. An audience member, Amy Pullen of 20 Burlington Street, questioned the total square footage (The apartment and garage are about 1,000 square feet each, 2,295 square feet). There is a bedroom and bathroom on the main floor of the existing house, Mrs. Pullen questioned why they can't have the in-laws stay there (That is being used as an office. By definition it is not considered a bedroom because there is no closet). An audience member, Joyce Deacetis of 3 Nowers Road, questioned the two trees being removed for this proposal and stated her concern for the number of trees that have been removed in the last six months (That was before they purchased the property). An audience member, Nathaniel Mcintosh of 20 Burlington Road, stated their concern for it being two dwellings and the size of the proposed structure. Mrs. Pullen stated her opposition. Mr. Maher stated his concerns. Mr. Deacetis stated his concerns. There were no further questions or comments from the audience. Mr. Chong stated the proposal supports what the Town has stated around accessory structures. It is not impeding. A Board Member, Norman P. Cohen, stated his concern for the accessory apartment being on top of a three car garage. There were no further questions from the Board. The Hearing was closed at 9:08 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). A Board Member, Jeanne K. Krieger, stated her concern for the second story deck. Chair, Ralph D. Clifford, stated he is less concerned about the size of the building, if it was a garage it would be a matter of right. Screening is a concern. He suggested a condition that the landscaping be completed before the certificate of occupancy is issued. The purpose of the accessory structure is to find small housing for people who want to live in Lexington but cannot afford it. Board Members Jeanne K. Krieger and Nyles N. Barnert agreed the condition for screening would help. There were no further comments from the Board. The Board of appeals voted four (4) in favor, one (1) 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) section(s) 135-9.4 and 135-6.7.7 to allow an accessory structure apartment with the conditions that the border and boundary landscape be implemented before the certificate of occupancy be issued (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen — No, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 411 Waltham Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification and Plans. Also submitted was pictures of previous signs. 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: Fast Signs on Behalf of Keys for Kids The Hearing was opened at: 9:13 pm. Samantha Dwyer, Fast Signs, presented the petition. She stated they are proposing a sign that is bigger than what is allowed. She then reviewed the design of the sign. Chair, Ralph D. Clifford asked if the latest proposal of the sign complies with what the Design Advisory Committee suggested. (Yes. The Design Advisory Committee suggested the keyboard on the right side but they are not set on that). The Board stated they like the keyboard. There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 9:18 pm (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —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 waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —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 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 7 Hartwell Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.4 and 135-5.2.10 and 135-9.4 to allow internal illumination of a wall sign and to allow a wall sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Plans and Photographs. 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: Jonathan Feder on behalf of Russian School of Mathematics The Hearing was opened at: 9:19 pm. Jonathan Feder, ICL Imaging, presented the petition. He stated the request is due to the size as well as the internal illumination. There is an existing monument sign which they will be changing the name on. The Design Advisory Committee stated they rather it not be on the wall and rather not have the internal illumination. The sign is 15 square feet. They originally were going to do facelift letters but they changed it to halo lighting and changed the original proposal to satisfy the Design Advisory Committee. A Board Member, Martha C. Wood, asked if there are other tenants in the building (No). A Board Member, Nyles N. Barnert, questioned when the lights would be turned on (Only turn on when it gets dark and can be turned off when they close). There were no questions or comments from the audience. Mr. Feder stated this is a better proposal. The Hearing was closed at 9:30 pm (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). The board discussed light hours. The Board agreed the lights should go off an hour after closing. Chair, Ralph D. Clifford, stated he has a problem with the internal illumination. There are residential houses across Bedford Street. It does have an impact on the neighborhood. This is not the right sign for a major intersection leading into Lexington. 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 waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). The Board of appeals voted four (4) in favor, one (1) 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) section(s) 135-5.2.4 and 135-5.2.10 and 135-9.4 to allow internal illumination of a wall sign and to allow a wall sign to be larger than otherwise allowed with the condition that the lights be turned off one hour after closing (a role call was taken: Ralph D. Clifford — No, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert— Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 10, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Discussion of Hartwell Rezoning Initiative Planning Director Amanda Loomis made a presentation regarding the Hartwell Rezoning Initiative. The Board questioned the status of Article 16 and how it would pertain to zoning. 2. Discussion of Business Use Permits Chair, Ralph D. Clifford, stated this is going to come before the Board more often because there was no Town system in place that could easily determine when these permits were expiring and we now have a system that can do that. Most of them have expired. The Board should come up with a protocol on how to handle business use permits. Mr. Clifford suggested a staggered term. A Board Member, Jeanne K. Krieger, stated the staggered schedule is fine. New owners should get pushed back so they can figure out their business. The Zoning Administrator stated unless it is a specific condition the Board is granting a special permit for the use. So unless they specifically say they need to come back before the Board if the ownership changes it is not always a condition. The Board agreed the first term should be two years and the second term and every subsequent should be five years. 3. Minutes from the October 22, 2020 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention of approving the meeting minutes from the October 22, 2020 Hearing. On a motion made and seconded, the Board voted to adjourn (a role call was taken: Ralph D. Clifford — No, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes).