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HomeMy WebLinkAbout2021-03-11-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 11, 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: 2219 Massachusetts Avenue The petitioner is requesting a VARIANCE and SPECIAL PERMIT section(s) 135-9.2.2.2 to allow for 1,171 sq. ft. instead of the required 1,000 sq. ft. for an Accessory Apartment and section(s) 135-9.4 and 135-6.7.7 to allow modification to a special permit dated February 13, 2020 for an Accessory Structure Apartment. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations and Plans. Also submitted was Gross Floor Area Calculations, Historic District Commission approval letter and the original ZBA Decision. 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, Conservation Administrator and the Historical Commission. Presenter: Daiva Veitas and Raymond Kobs, property owners of 2219 Massachusetts Avenue The Hearing was opened at: 7:00 PM. Mrs. Veitas presented the petition. She made a presentation stating the history of the structure, the plan, discussed windows, and stated the need for the larger accessory apartment is due to the 16" stone walls in the building. Chair, Ralph D. Clifford, questioned the windows (They cannot add windows because it is a historic building and would be difficult to punch through the stone walls structurally. There was a window near the street end of the structure that was closed in with stone and they plan to open it back up again). Mr. Clifford asked if cost was an issue for adding windows (They had structural concerns and it would cost a lot). Mr. Clifford questioned the measurement of the square footage (The gross floor area is measured form exterior to exterior. They lose square footage because of the stone walls). The Zoning Administrator stated the gross floor area is measured from horizontal areas of the building or the exterior face of exterior walls. It is not measured to the interior of the wall. A Board Member, Norman P. Cohen, questioned parking for the accessory apartment (There is a lot of blacktop in the area and there are two designated parking spots). There were no questions or comments from the audience. There were no further questions from the Board. Mr. Kobs stated they are trying to figure out a way to repurpose the building. The Hearing was closed at 7:23 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). Mr. Clifford stated this is a variance. The cost to blow through the stone walls would be significant. He stated he has no issue determining the hardship. Mr. Clifford stated what the Bylaw says they grant a variance for and the State Statutes say are not the same. The State Statute does not make any reference to shape of the building as being substance enough to grant a variance and the Bylaw says exactly that. The Board agreed they would be comfortable voting in favor of this variance. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a VARIANCE and SPECIAL PERMIT section(s) 135-9.2.2.2 to allow for 1,171 sq. ft. instead of the required 1,000 sq. ft. for an Accessory Apartment and section(s) 135-9.4 and 135- 6.7.7 to allow modification to a special permit dated February 13, 2020 for an Accessory Structure Apartment (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 March 11, 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: 7 Lawn Avenue The petitioner is requesting TWO (2) SPECIAL PERMITS section(s) 135-9.4 and 135-8.2 to allow modification to nonconforming side yard setback and front yard setback. 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 letter received from an abutter. 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, Conservation Administrator and the Building Commissioner. Presenter: Hendrick Melo The Hearing was opened at: 7:30 PM. Mr. Melo presented the petition. He stated the house was built in the 1940's. The house currently faces Route 2 and they want to add a front porch to make the front of the house face Lawn Ave. He discussed setback and explained the plans. A Board Member, Jeanne K. Krieger, questioned the wetland setback (The wetland consultant is coming tomorrow. The buffer zone of 50 feet is way outside of the property. The modifications are not close to the wetlands). Chair, Ralph D. Clifford, asked if the landscaping between them and the neighbor would be maintained (Yes). Mr. Clifford questioned the steps on the new deck. He asked if they could be narrowed (They could make it more narrow). Joao Lopes, designer, stated they can change the steps. The setback was explained. Mr. Clifford stated they are so far away from the wetlands that it is not likely to be a problem but if the Conservation Commission needs anything changed then this proposal may need to come back to the Board of Appeals. Mr. Melo agreed to change the setback of the stairs to 10' 9". Mr. Clifford stated the applicant will need to submit a revised plot plan to the Board of Appeals. There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:47 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 TWO (2) SPECIAL PERMITS section(s) 135-9.4 and 135-8.2 to allow modification to nonconforming side yard setback with the modification of 10' 9"and front yard setback as shown on plans (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 March 11, 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 February 25, 2021 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 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). On a motion made and seconded, the Board voted to adjourn.