2024-02-08-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom February 8, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Kathryn Roy Alternate Member: David Williams Administrative Staff: Julie Krakauer Moore, Zoning Administrator, and Olivia Lawler, Administrative Clerk Address: 363 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) 135.5.1.4 and 135.5.1.14 to allow fewer parking spaces than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Plot Plans, Floor Plans, and Certified Plot Plan Waiver Request. 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, Planning Department, Building Commissioner, and Economic Development. The Hearing was opened at 7:18pm. Petitioner: Rakesh Patel, 8 Spencer Street, Lexington MA on behalf of Nelly Mayorga Rakesh Patel presented on behalf of Nelly Mayorga and Sol Solecito Daycare. He stated the proposal is to add a playground in the rear of the building to allow daycare patrons to have a play structure to play on in the morning during the warmer weather months, which would result in a decrease in parking spots that is lower than otherwise allowed for the building. Mr. Patel shared pictures of the building and its parking lot, highlighting other businesses that occupy units such as Lex Spa and Verge Therapy. In presenting pictures of the parking lot taken over the past few week, Mr. Patel stated that the front parking lot commonly has spots available even during peak hours and that the rear lot is rarely utilized. He outlined peak hours as being in the morning during Daycare drop-off and in the evening between 5:00PM and 6:00PM during Daycare pick-up. Mr. Patel stated the parking situation at 363 Massachusetts Avenue was thoroughly accessed by an architect who shared their findings and calculated the parking spots per business requirements for the property. The total parking requirement for the property is 32 parking spots and 2 ADA spots. Mr. Patel stated with two vacant units in the building, theoretically, there is currently only a requirement of 25 parking spaces. The proposal would decrease the number of parking spots but it would add an additional Van Accessible parking spot. Mr. Patel indicated that other businesses in the building are not open everyday during the week with three of them being closed on Tuesdays and one of them additionally being closed on Thursdays, which decreases the need for a high number of parking spots on those days due to