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HomeMy WebLinkAbout2023-09-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom September 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: James Kelly, Building Commissioner and Julie Krakauer Moore, Zoning Administrator Address: 25 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) 135-9.4 and 135-5.2.10 to allow a sign of a type not 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, Economic Development and Historic District Commission. The Hearing was opened at 7:03 pm Presenter: Remon Karian, owner of Fiorellas at 25 Waltham St Mr. Karian stated they opened in December of 2022. There are 7 locations. They have a rear solid steel door that is adjacent to the municipal lot behind the building. The guests park in the back and there is no way for them to know it is the entrance. It is important to identify the location. They received approval from the Historic District Commission. He shared the proposed plan. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:14 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – 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 waive the requirement of a certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – 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 135-5.2.10 to allow a sign of a type not otherwise allowed (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom September 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Patricia Nelson and Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk 1. Minutes from the August 10, 2023 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from August 10, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James A. Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). 2. The Board of Appeals will be discussing and voting on updates to Chapter 138 (The Regulations by which the Board of Appeals operates) The Zoning Administrator reviewed the changes from the November 10, 2022 Hearing. The Board discussed and made edits to section 1 regarding the wording clerk. The Board discussed section 7 and added language. The Board discussed section 9 and added language to section 9(A). The Zoning Administrator stated section 9(c) required further edits regarding the references. The Board reviewed section 16 and added language regarding site plan review amendments. The Board discussed and agreed to remove section 18(B). The Board discussed and change the language on Section 9(F). The Board discussed and made changes to section 20. The Zoning Administrator stated she would make changes and fix formatting. Once that is completed this will go on an agenda for the Board to vote. The Board voted to adjourn at 8:00 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes).