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HomeMy WebLinkAbout2021-01-14-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman 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. Presenter: Carolyn Silva-Brisbin and Celis Brisbin Carolyn Silva-Brisbin and Celis Brisbin, homeowners of 52 Percy Road, presented the petition. Mrs. Silva-Brisbin gave a review of the proposal. She stated they made attempts to find a design that made the most sense. The potted plant idea would not work as they would be too heavy to move in an emergency and would block access to the easement. She requested the Board to approve to allow five vehicles with the condition that no more than 4 vehicles be parked in the upper driveway at any given time. Guest parking was discussed. An audience member, Ken Cunningham of 50 Percy Road, stated he would agree with the new proposal of only four cars being allowed in the upper driveway and requested the trailer be parked at the lower driveway. An audience member, Ignacio Fanlo of 1536 Massachusetts Avenue, stated his support. There were no further questions or comments from the audience. Chair, Ralph D. Clifford, confirmed that the applicant would keep the trailer on the lower driveway (Confirmed). There were no further questions from the Board. The Hearing was closed at 7:28 (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 suggested the conditions that no more than four cars be parked in the upper driveway and no longer term parking of the trailer in the upper driveway. 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 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) with conditions (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 January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 18 Winthrop Avenue The petitioner is requesting FOUR (4) SPECIAL PERMITS 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 modify a non- conforming structure including the extension of the non-conforming left side yard setback, the extension of the non-conforming front yard setback, the extension of the existing nonconforming third and half story, and extension of the existing non-conforming height of structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans and elevations. Also submitted was an abutter letter and the Historical Commission Decision Letter. 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 Historical Commission, Engineering Department, Conservation Administrator and the Zoning Administrator. Presenter: William Erickson on behalf of Donald and Elizabeth Brigs The Hearing was opened at: 7:32 PM. William Erickson, architect, presented the petition. He discussed the topography on the property and explained the proposed plan. Donald Brigs, homeowner of 18 Winthrop Rd, stated they enjoy the character and beauty of an old house and discussed how they would renovate the existing house. He stated they did meet with the neighbors and heard their concerns. Chair, Ralph D. Clifford, stated the size of a house is not based off the other houses around it. The size of the house is more critically evaluated with both the lot size and shape. A lot of the larger houses in that neighborhood are on much larger lots. He then asked if there was a storm water plan (Yes and there will be wetlands restoration). Mr. Brigs stated they will be installing storm water retention pipes in order to manage the impervious surface. The neighbor has requested a peer review be done by and they are fine with having second engineer take a look at it. Mr. Clifford suggested the condition that the applicant hire an expert to check the storm water (That is acceptable). An audience member, Heather Baker Nielsen of 16 Winthrop Road, asked for clarification on the plans in terms of dormers and existing elevations versus proposed elevations (Mr. Erickson explained the plan for dormers and stated the dormer is within conforming buildable area. The height difference is proposed would be about four feet taller than existing height). An audience member, Karsten Nielsen of 16 Winthrop Road, asked about the non-conformity in the 15' setback. How much of that is being removed is deck and how much of it is the building being removed (Mr. Brigs stated the deck is about four and half feet wide and 12 feet long. The deck is about 60-65 square feet. The net reduction footprint within the setback was about that number, so it is about that the same. The location of air handlers and property lines were then discussed. An audience member, Tu Xu of Highland Avenue, stated his concern for water flow. He requested the applicant hire an independent consultant before construction begins (Support that request). Mr. Xu then questioned the elevation behind the garage (The intention is to have the impervious area under the deck. It is being introduced into the storm water management system). An audience member, John Cronchielo of 7 Winthrop Road, stated his opposition. He stated this would impact the neighborhood. Mrs. Baker stated her opposition and made a presentation. An audience member, Mardy Rawls of 9 Winthrop Street, asked how many trees will be taken down (Mr. Brigs stated they may have to do some replanting. They are going to add trees). An audience member, Ignacio Fanlo of 1536 Massachusetts Avenue, stated his opposition. He stated this would not be within code and should be within the buildable rules. An audience member, Jill Melendez of 1556 Massachusetts Avenue, stated her concern for the size of the house. An audience member, Lauren Naguirre o 17 Winthrop Road, stated if abutting neighbors are unhappy and it is not within the bylaw it should carry a lot of weight. An audience member Lindsay Hardy of 37 Winthrop Road, stated her opposition. She stated the bylaws are there to protect them. An audience member, Celis Brisbin of 52 Percy Road, stated his concern for the size of the house. There were no further questions or comments from the audience. Mr. Erickson stated historic lots do not always fit within the confines of the zoning bylaw as it is written today. The reason there is a Zoning Board of Appeals is to look at unique situations. The site is unusual. Mr. Brigs stated this process exists because of these conditions. Mr. Clifford stated the role of the Board is to do a balance between what the homeowner wants to do and its impact on the neighborhood. The Board stated they have concerns with the size and proximity to the lot line on the North side of the project. The Board agreed they would not vote in favor of this proposal. Mr. Clifford suggested the applicant continue. Mr. Brigs requested to continue to February 25, 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 February 25, 2021 Hearing (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 January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 3 Paul Revere Road The petitioner is requesting a MODIFICATION OF A SPECIAL PERMIT for an accessory apartment dated June 25, 2009 in accordance with 135-19D of the 2009 zoning bylaw and section(s) 135-9.4 and 135-6.7.7 of the current Zoning Bylaw. The petitioner submitted the following information with the application: Nature and Justification, and Plot 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 Building Commissioner, Planning Department and the Zoning Administrator. Presenter: Nicholas Alex The Hearing was opened at: 9:31 PM. Nicholas Alex presented the petition. He explained the proposal. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 9:36 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 MODIFICATION OF A SPECIAL PERMIT for an accessory apartment dated June 25, 2009 in accordance with 135-19D of the 2009 zoning bylaw and section(s) 135-9.4 and 135- 6.7.7 of the current Zoning Bylaw (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 Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1752 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) 135-5.1.14 and 135-3.1.1, Table 1 Permitted Uses and Development Standards to continue to operate an ice cream parlor. 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 Building Commissioner and the Zoning Administrator. Presenter: Joe Rancatore on behalf of Rancatore's The Hearing was opened at: 9:37 PM. Mr. Rancatore was not in attendance. The Board agreed to continue with the Hearing. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 9:40 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 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) 135-5.1.14 and 135-3.1.1, Table 1 Permitted Uses and Development Standards to continue to operate an ice cream parlor with the condition that it expired five years from Hearing date (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 January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 39 Bedford 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 135-3.4, Table 1 Schedule of Dimensional Controls, Line L.1.02 to allow motor vehicle sales in the CRS Zoning District. The petitioner submitted the following information with the application: Nature and Justification. Also submitted was the previously granted special permit. 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 Conservation Administrator, the Building commissioner and the Zoning Administrator. Presenter: George Rouhana and Sam Isle The Hearing was opened at 9:42 PM. Sam Isle presented the petition. He explained the proposal. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 9:48 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 on a term of five years. 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 SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4, Table 1 Schedule of Dimensional Controls, Line L.1.02 to allow motor vehicle sales in the CRS Zoning District with the condition that it expired five years from Hearing date (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 January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 46C Bedford 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 135-3.4 Table 1 Permitted Uses and Development Standards to continue to allow fast food service. 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 Conservation Administrator, the Engineering Department and the Zoning Administrator. Presenter: Karen Van Rickley on behalf of Qdoba The Hearing was opened at 9:49 PM. Karen Van Rickley presented the petition. She explained the proposal. There were no comments from the Board. There were no comments or questions from the audience. The Hearing was closed at 9:52 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 of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a waiver 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) 135-9.4 and 135-3.4 Table 1 Permitted Uses and Development Standards to continue to allow fast food service with the condition that it expired five years from Hearing date (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 January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 0 meadow Brooke Avenue The petitioner is requesting an APPEAL OF THE ZONING ADMINISTRATOR DATED OCTOBER 30, 2020, regarding a determination for lot protection section(s) 135-9.2.2.3. 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 Conservation Administrator, the historical Commissioner, the Planning department and the Zoning Administrator. Presenter: Joe Marino with Homes Development Corp The Hearing was opened at 9:54 PM. Joe Marino presented the petition. Mr. Marino explained the proposal. He explained the property history and deed history. He then explained the plans. The intention is build three smaller houses which would allow for a lower sale price under two million. The Zoning Administrator explained the determination. Lot 47A had structures on it and was used as a common lot with 47B. The lots were held in common ownership which means the lots merged. The lots were used as a common purpose with 47B. An audience member, Dan Zuccaro of 8 Wellington Lane Avenue, asked what impact this proposal will have on the trail head and conservation land (They are not allow to build outside of the property lines. They have to respect setbacks and will not impact the paths). An audience member, Bhavana Laad of 6 Wellington Lane Avenue, stated at the Historical Commission meeting two houses were agreed upon. Now the plan shows three houses and that would be too crowded. Mrs. Laad stated her opposition. An audience member, James Flynn of 19 Wellington Lane Ave, stated he is opposed to the construction of three dwellings. An audience member, Tariku Tessema of 16 Wellington Lane Ave, stated his support for the Zoning Administrators determination. An audience member, Earl MacLure of 4 Garden Ave, stated his opposition for the construction of three dwellings. An audience member, John Diluna of 15 Wellington Lane Ave, stated his opposition for the construction of three dwellings. A Board member, Norman P. Cohen, asked will these houses be around 2 million dollars (Yes) If there houses will be built will they be affordable housing (It depends on the definition of affordable. They will be well under 2 million. If only two houses are built they would be well over 2 million). Mr. Clifford asked if there was ever a structure on lot 47A (Yes, chicken coops and accessory building). There are three separate deeds to the property, are the grantees on the deeds the same people (77 Wellington Lane Ave is now owned by Homes Development Corp, 5 Meadow Brooke is owned by John Essarian and lot 47A and 51A are owned by Homes Development Corp). Mr. Clifford asked if the properties were ever owned by the same person (47B and 47A were at one point on the same deed). Mr. Marino stated they hope to provide three houses that are not the typically large homes being built in Lexington. The Hearing was closed at 10:20 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). Mr. Clifford stated these lots are not separately buildable for two reasons. First the law is clear grandfathering only goes if the land is vacant, it does not matter what the structure is. 47A is no longer grandfathers and has merged because they were in common ownership. The Board agreed they support the Zoning Administrators Determination. The Board of appeals voted zero (0) in favor, five (5) opposed, and zero (0) in abstention to grant an APPEAL OF THE ZONING ADMINISTRATOR DATED OCTOBER 30, 2020, regarding a determination for lot protection section(s) 135-9.2.2.3 (a role call was taken: Ralph D. Clifford — No, Jeanne K. Krieger— No, Martha C. Wood — No, Norman P. Cohen — No, and Nyles N. Barnert— No). As a result the Zoning Administrators Determination was upheld. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 14, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the December 10, 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 December 10, 2020 Hearing. On a motion made and seconded, the Board voted to adjourn.