2022-05-26-ZBA-min - Laserfiche WebLink

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Mr. Clifford stated his concern for safety during his site visit due to traffic flow. The new plan is not perfect but it is going to make it better. This does not cause substantial detriment to the neighbors. The building façade is not an active space. He stated his support for this specific Variance. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a VARIANCE 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 rear setback to a residential district from a CN zone to be 14’ instead of the required 30.0’ (a role call was taken: Ralph D. Clifford– Yes, William P. Kennedy – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). The Board discussed the building height variance. Mr. Barnert stated it is at a reasonable height. Mr. Cohen, Ms. Wood, Mr. Kennedy and Ms. Masterman agreed. Mr. Clifford stated he does not like flat roofs but the applicant does not have the safety or the lot to point to here. The Board is not in a position to justify this Variance based on what they are supposed to do. The Board should not grant this Variance. They can build the gas station that will have the business capabilities that are appropriate and have the safety enhancements with out needing this Variance. He would deny this Variance. Mr. Barnert stated the A/C is going to be at 20 feet anyway. Mr. Clifford stated that is allowed as a matter of right. Aesthetics are not a part of our zoning analysis. Mr. Cohen stated safety can be an issue with snow storms. Mr. Clifford stated a lot of commercial buildings have a flat roof, this is not uncommon and it can be done safely. The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-4.1.1 Table 2, Schedule of Dimensional Controls; to allow a building height of 20’-9” instead of the maximum height of 15’ (a role call was taken: Ralph D. Clifford– No, William P. Kennedy – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). The Board conditioned a 5-year term to allow Takeout Food Service between the hours of 6:00AM to and 12:00AM instead of the required 7:00AM to 11:00 PM. The Board conditioned snow removal be taken off site as needed. The Board conditioned the signage on the Waltham Street entrance shall reasonably acceptable to the Building Commissioner. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant (15) FIFTEEN SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.3.4, and 135-5.3.5; to allow for No Transition Area where the Property abuts or is across the street from a residential zone or any part of a