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HomeMy WebLinkAbout2015-06-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 11, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member Ralph Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 116 School Street, Map 42, Lot 218 The petitioner submitted the following information with the applications: nature and justification of request; site plan; elevations; floor plans; a quick claim deed filed May 22, 2013; a response from staff’s comments from Bernard Hammil, H-Star Engineering and a letter of support from Dean Curtin of 578B Marrett Road.. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, Conservation Administrator, Planning Director, Historical Commission Clerk and the Zoning Administrator. 2 Variances The petitioner is requesting in accordance with section 135-4, section 4.4, Table 2, Schedule of Dimensional Controls to a allow right side yard setback of 13 ft instead of the required 15 ft and a left side yard setback of 13 ft instead of the Special Permit required 15 ft. and a from sections 135-8.4.2 and 135-9.4 to allow reconstruction of a nonconforming two-family dwelling. The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. Bernard Hamill of H-Star Engineering, representing the owner Debra Johar, presented the petition explaining the applicant seeks to demolish and reconstruct a larger two- family home. They have met with the Historical Commission about a year ago. There are wetlands on the property and they have an order of conditions pending. The order of intent did address the water conditions with the Conservation Commission. They have very limited space available due to the Conservation and Zoning By-Laws. Mr. Hamill spoke of the differences between the Lexington By-Laws and the state and other communities Bylaws. BOA Meeting June 11, 2015 2 A Board member asked the Zoning Administrator what makes the existing structure non-conforming as it is today. (The front setback is16.8 ft. and required a 30 ft. front yard setback.) Another Board member asked for confirmation that the proposed dwelling at 21.2 ft. is that still not conforming. (Yes it is.) A Board member commented that he was puzzled by Mr. Hamill saying that other towns had different rules than Lexington that put him to a disadvantage. The Board member reminded Mr. Hamill that he is working in Lexington and should know the Lexington Bylaws should be adhered to. He felt that the house is too big for the site. He said he had spoken with the Conservation Administrator, Ms. Mullins regarding a condition that there is no more than a crawl space under the house. Mr. Hamill did not agree they were not allowed a basement by the Conservation Commission. A discussion followed regarding the order of conditions they have with the Conservation Commission. The Chairwoman spoke to say they would be putting a condition on the decision regarding the Conservation comments and suggested maybe withdrawing the application and come back after they meet again with the Conservation Administrator. The ZBA would impose conditions as requested by the Conservation Administrator. Another Board member explained to the applicant that the plan the Board has before them shows a french drain with a sump pump. Confirm that the dwelling would be 2 condominiums. (Yes) The Chairwoman was concerned with the applicant stating these condominiums would be affordable. She does not think a $750,000 unit is affordable at all. She was also concerned about the large tree roots along the property lines. A Board member asked for clarification of the Bylaw. Fannyu Lio an abutter from 7 Rolling Lane had a concern with the water from this property going onto her land because of the high water table. Dave McCleave of 651 Marrett Road spoke of concerns with the look of the house currently if the relief is not granted this evening. The Zoning Administrator told Mr. McCleave that he can get into touch with the Health Director, Gerard Cody, and he can address any health safety issues. A Board member asked when the building was last occupied. Last week a family moved out. Looking at the plan a Board member asked about a drainage channel on the side of the property. BOA Meeting June 11, 2015 3 Mr. Hamill requested the Board vote on the issues before the Zoning Board and let him work with the Conservation Commission on conditions. The Chairwoman said they would most likely not vote without conditions as requested by Conservation. She suggested that maybe they should continue the hearing until after they get confirmation from Conservation. Another Board member was also concerned with the size of the Building and would like to see the applicant come back with another smaller plan. Joe Johar, one of the applicants, spoke of the size of the existing and proposed dwelling. Mr. Hamill, requested a straw vote of how the Board would be voting. The Board discussed the conditions that would be attached to the decision. After the straw vote the applicant requested the hearing be continued until August 13, 2015 at 7:30 pm. A Board member suggested they go back to the Conservation Commission and have an Order of Conditions filed before they come back before the Board. On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger the Board voted 5-0 to continue the hearing until August 13, 2015. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room BOA Meeting June 11, 2015 4 June 11, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph Clifford Edward McCarthy recused himself from this hearing. Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 43 Waltham Street, Map 49, Lot 32 The petitioner submitted the following information with the application: Nature and justification; parking plan; floor plans; additional information from Dailanyanna in e- thth mails dated June 8 and 11, 2015; e-mail from Town Manager dated June 8, 2015 regarding the Selectmen not commenting on the Daikanyama special permit request for a parking waiver; letter of support from Attorney Grant with seating and parking plans, 2007 parking analysis of existing building; letter dated March 14, 2007 regarding additional parking and a letter to the Town Manager dated May 11, 2015 regarding the expansion of the restaurant. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, the Planning Director, the Selectmen’s office, the Economic Development office and the Zoning Administrator. Special Permit The petitioner is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.1.14 and 135-9.4 to allow 0 parking spaces instead of the net increase of 7 required parking spaces. The Chairwoman opened the hearing at 8:25 pm by reading the legal notices and described information received from the petitioner. Attorney Edmund Grant presented the petition for the owner of the business, Feng Hua Chow (Judy Chow). The Architect, Peter Darling, was also present at the hearing to answer any questions. The applicant is seeking to expand the Daikanyama Restaurant from a 42 seat, 2,106 sq. ft. restaurant to a 60-seat, 3,415 sq. ft. restaurant. The proposed expansion will occur on the first floor and in the basement. Because of this expansion the applicant seeks a special permit from the parking requirements. They are requesting 0 parking spaces instead of the net new 7 spaces. The chairwoman explained this special permit will be pending based on approval by the Historic Districts Commission. BOA Meeting June 11, 2015 5 The Chairwoman asked if the hours will remain the same. (Yes, they are currently Monday through Thursday 11:30 am until 9:30 pm, Friday and Saturday 11:30 am until 9:30 pm and Sunday 12:00 noon until 9:00 pm.) She also asked what percentage of walk in’s rather than that drive there for the lunch time. (They have quite a few local companies that come in during the day. The main reason for the expansion is to make the kitchen larger.) A Board member asked if the 4 spaces available for the restaurant was for customers or for employees. (Employees come to work from Chinatown in 1 vehicle.) Another Board member had a question with the parking in the back of the restaurant. He found 17 spaces in the parking lot, the numbers aren’t adding up when he talked with other tenants. He also commented 2 handicapped spaces were being blocked. He would like to see a condition regarding keeping the handicapped spaces accessible. Attorney Grant will notify the owner of the building. There was a discussion of the parking regulations that are being drafted by the Selectmen. A Board member asked if there was take out. (Yes) There were no questions or concerns from the audience. The Chairwoman closed this hearing at 8:49 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant 2 SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4 to allow modification of 2 nonconforming structures (a garage and a shed) with the condition that the ZBA approval is pending proper approval by the Historic District Commission. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the 1 Board voted 5-0, to grant a WAIVER from the Board’s Requirements for a new certified land survey. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with § 135-5.14 and §135- 9.4 to allow to allow 0 parking spaces instead of the net increase of 7 required parking spaces associated with the restaurant expansion, subject to the following conditions: 1 This waiver is only for the purposes of this zoning relief. A new land survey may be required in association with a building permit application, at the discretion of the Building Commissioner. BOA Meeting June 11, 2015 6 1. First floor restaurant expansion shall conform substantially to the plan entitled, “Daikanyama, Lexington, Proposed Restaurant Expansion Floor Plan, Sheet PSK-011,” prepared by Darlow Christ Architects, dated May 14, 2015; 2. Total restaurant seating shall be limited to a maximum of 60 seats, with seating only allowed on the first floor; 3. The restaurant may occupy the basement locations shown on the plan entitled, “Daikanyama, Lexington Addition, Floor Plan- Demolition, sheet PSK-012,” prepared by Darlow Christ Architects, dated May 21, 2015; 4. Parking shall be located as shown on the plan referenced as “Parking Plan—Daikanyama Restaurant Expansion,” undated and unattributed plan; 5. All previously listed conditions of the September 10, 2009 Board decision remain in effect, except as specifically modified by this Decision; and 6. Additional future changes to the building/site may require separate approvals by the Board. 7. Any other necessary approvals from the Historic Districts Commission shall be obtained prior to the issuance of a Certificate of Occupancy. The above zoning relief is for property located at 41-49 Waltham Street (also referred to as 43 Waltham Street). Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 11, 2015 BOA Meeting June 11, 2015 7 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Also present at the hearing was Associate Member Ralph Clifford Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator There was no other business. Submitted by: Dianne Cornaro, Administrative Clerk