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HomeMy WebLinkAbout2018-12-13-ZBA-min 1 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 137 Massachusetts Avenue CONTINUED FROM OCTOBER 11TH, 2018 HEARING The petitioner submitted the following information with the application: Nature and Justification, Plans, and Photographs. Also received was a letter from the Design Advisory Committee (DAC), dated September 26, 2018. 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 Building Commissioner and Zoning Administrator. The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning-By- Law (Chapter 135 of the Code of Lexington) 135-9.4 and 135-5.2.4.1 and 135-5.2.10 to allow one internally illuminated wall sign larger than otherwise allowed. Presenter: Mehmet Sahin of Falcon Graphics and Murat Taskaynatan on behalf of Domino's Pizza The hearing opened at 7:00 pm. Mr. Sahin presented before the Board. Mr. Sahin stated that he changed the material of the sign. He is using 2 inch letters that are painted and installed on an aluminum panel. Mr. Sahin stated that he will be installing the sign using "L" brackets on the fagade. He will use the existing 2 ft. x 6 ft. fixtures. There will be no internal lighting. A Board Member, Ms. Wood, asked what the hours of the illumination of the sign will be. Mr. Sahin stated that the sign will be lit on weekdays until 11 pm and on weekends (Friday and Saturday) until 11 pm or 12am depending on the additional ZBA decisions. The dimensions of the sign Mr. Sahin stated are 34 inches by 140 inches. Mr. Taskaynatan stated that the sign will be illuminated until at least 11 pm every night. A Board Member, Ms. Krieger, stated that the Design Advisory Committee, who has reviewed the project, has been given and approved incorrect dimension numbers. 2 The Zoning Administrator, Ms. Gingras clarified that the Design Advisory Committee has corresponded with the Zoning Board of Appeals via email and has confirmed their approval of the sign so long as the sign is not larger than the current size. Mr. Sahin stated that in terms of current signage there is only one "OPEN" sign that is hung inside the restaurant and is illuminated. Mr. Sahin stated that the signage required by Domino's Pizza is authorized and required within their contract with the Domino's Corporation. On a motion made and seconded, the Board voted to close the hearing at 7:14 pm. On a motion by Nyles N. Barnert and seconded by Martha C. Wood, the Board voted 5-0 to waive the requirement of the certified plot plan. On a motion by Nyles N. Barnert and seconded by Martha C. Wood, the Board voted 5-0, to grant the Request for Withdrawal of the SPECIAL PERMIT to allow a sign to be internally illuminated in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-5.2.4.1. On a motion by Nyles N. Barnert and seconded by Martha C. Wood, the Board voted 5-0, to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, and 135-5.2.10 to allow a sign to be larger than otherwise allowed subject to the following conditions: 1. The sign shall be constructed in accordance with the plans submitted and prepared by Falcon Graphics, received December 13, 2018. The plan set consists of 2 sheets; 2. The sign shall not be illuminated past 11:00 p.m; 3. The sign shall remain in the present location and shall not be moved. 3 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 137 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification. Also received was a Special Permit decision, dated September 13, 2000. 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. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-3.4, Table 1 (Schedule of Dimensional Controls), Line J.1.03, to allow a take-out food use during hours not otherwise allowed. Presenter: Murat Taskaynatan on behalf of Domino's Pizza Mr. Taskaynatan explained that they are before the Board to request a one hour extension to their regular store hours. The existing hours on weekdays will remain the same but they are requesting a one hour extension on Friday and Saturday nights to remain open until midnight. This is a result of their contractual agreement with Domino's Pizza. If they are not allowed an extension to store hours then they may ask for a variance with the Domino's Corporation. A Board Member, Mr. David Williams asked how much business is conducted between 11 pm and 12am. Mr. Taskaynatan stated that based on data from other stores, about 1% of sales are conducted during that time. Mr. Taskaynatan explained that they are before the Board because it is nationally advertised that all Domino's Pizza restaurants are open until midnight. Mr. Taskaynatan stated that they are not expecting to serve people during those hours. Mr. Taskaynatan added that the minimum time which the corporation expects them to be open is until 12am. This is a requirement that was established by Domino's Pizza in 2016. Currently, the store is open until 11 pm. Mr. Taskaynatan clarified that they do not take orders past 11 pm and are before the Board today because they have been receiving complaints from customers about the differences in national advertisement of hours and their current store hours. 4 A Board Member, Ms. Jeanne Krieger, clarified that though they are advertising that they are open until midnight, in practice they do not serve food until midnight. Mr. Taskaynatan confirmed. A Board Member, Ms. Beth Masterman asked how much hardship would be endured if the permit were to be denied. Mr. Taskaynatan stated that they are not asking for the permit from a financial standpoint but rather a contractual obligation. The impact of being denied the permit cannot be measured since their operation has never been open until midnight. Mr. Taskaynatan suspects that if they are denied then Domino's Pizza may ask them to try applying for the permit again. On a motion by Ms. Beth Masterman and seconded by Mr. Norman Cohen, the Board voted 5-0 to close the public hearing at 7:30pm. On a motion by Mr. Norman P. Cohen and seconded by Ms. Jeanne K. Kreiger, the Board voted 1-4 (Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen in opposition), to approve the request for SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-3.4, Table 1 (Schedule of Dimensional Controls), Line J.1.03, to allow a take-out food use during hours not otherwise allowed. A 4-1 vote was needed and the petition was therefore denied. 5 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 11 Alcott Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.4.3 to allow a building to exceed the maximum gross floor area allowed. CONTINUED FROM NOVEMBER 8, 2018 HEARING. Applicant: Colin Smith Architecture on behalf of Kristin and Gary Ainsworth On a motion by Ms. Martha Wood and seconded by Mr. Norm Cohen, the Board voted 5-0 to continue the hearing until January 10, 2019. 6 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 56 Webb Street The petitioner is requesting a PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington, to allow a maximum of 100 cubic yards of fill to be brought to the property. Applicant: Angie Kavlakian The applicant has requested a continuation to the January 24, 2019 meeting. Mr. Cohen recused himself from the discussion and decision regarding 56 Webb Street. An audience member, Ms. Marilyn Jane of 42 Webb Street, stated that there has already been 2 appeals on this property by the Board of Appeals and the Conservation Commission. Ms. Jane asked how those previous appeals would impact the Board of Appeal's decision. Acting Chair, Ms. Krieger confirmed that the Board of Appeals has previously made the decision to not remove the fill. Ms. Jane asked to clarify what a farm permit would include and if there are any requirements before using the land as a farm. The Zoning Administrator, Ms. Jennifer Gingras, stated that the agricultural use is exempt per Massachusetts General Law but the Zoning Board of Appeals is asking for more information and documentation ensuring that the land will be used for agriculture. Ms. Jane emphasized that the property owners have continued to clear the land. The Acting Chair, Ms. Krieger stated that it is their right as a property owner to remove growth. The Zoning Administrator, Ms. Gingras, affirmed that they are allowed to maintain their land and that clearing of the land is outside of the ZBA's jurisdiction. Ms. Jane asked if any other permits were applied for concerning this property. The Acting Chair, Ms. Krieger confirmed that no other permits have been applied for. Ms. Krieger stated again that they are asking the applicants for a plan on how they intend to use their right of way access. 7 A Board Member, Ms. Wood, stated that the number of animals they have on the property is determined by the Board of Health. Ms. Jane stated her concern that the property owner has a tendency to do things without acquiring permits. Ms. Blair Ruocco, an abutter located at 54 Webb Street, asked what the timeline is if they acquire the agricultural permit and when they would begin bringing equipment in. Ms. Krieger stated that based on what they want to do the Board will determine the limits of what they can do, whether they can do it and what timeline they will apply to their activities. Ms. Ruocco stated that she was under the impression that the property owners were required to remove the fill and they have not removed it yet. Ms. Krieger stated that as a result from the previous application before the ZBA it was determined that they would be required to request a special permit in order to keep the gravel. However, they have not filed for the permit until this point. They will be presenting on January 24, 2019. On a motion by Ms. Martha Wood and seconded by Mr. David Williams, the Board voted 5-0 to postpone the hearing until the Board of Appeals meeting on January 24, 2019. 8 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 19 Independence Ave The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. 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 Building Commissioner and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure Presenters: Aimee Bentley of ASB Architecture and Breton and Katherine Quick Ms. Bentley stated that they are applying for the special permit because the house is a non- conforming single family home with respects to the front yard setback. There is one small car garage. The distance to between the front edge of the property line and the front step is 15.5 feet. They intend to demolish the garage and construct a larger garage door and build a second level above in order to house a master suite. Ms. Bentley informed the Board that the driveway will not change. The more accessible garage will alleviate parking and will be appropriate in terms of design to the neighborhood. Ms. Bentley noted that they will be adding 177 square feet to the footprint of the house, which will be a GFA of 544 square feet. Mr. Quick stated that they informed their surrounding neighbors of the intended construction and spoke directly with the direct abutters who support their proposed project. A Board Member, Mr. Norm Cohen asked if they were expanding into the rear setbacks. Ms. Bentley stated that they will be conforming to the rear setback. On a motion made and seconded, the Board voted to close the public hearing at 7:49pm. On a motion by Ms. Masterman and seconded by Mr. Norm Cohen, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code 9 of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. 10 Selectmen's Meetinq Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 5 Manning Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Floor Plans. Also received was a petition in support of the project with seven (7) signatures. 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 Engineering Department and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. Presenter: Frank Klemovitch Mr. Klemovitch presented before the Board. He stated that he is before the Board this evening because he would like to replace the currently dilapidating front porch. It would not encroach on the side yard setbacks. They are before the Board because they are less than 30 feet from the road. An abutter, Mr. Charlie Marge located at 12 Manning Street presented before the Board. Mr. Marge stated his support for a new porch. He stated that it will be great for them to have a more symmetric porch installed. On a motion made and seconded, the Board voted to close the hearing. On a motion by Ms. Wood and seconded by Mr. Cohen, the Board voted 5-0 to waive the required plot plan. On a motion by Ms. Wood and seconded by Mr. Cohen, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. 11 Selectmen's Meetinq Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, David G. Williams, Norman P. Cohen, Associate Members Beth Masterman and James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 241 Grove Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and Photographs. Also received was a Purchase and Sale Agreement, and LexHAB's application to DHCD for a Comprehensive Permit. 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 Conservation Administrator and Zoning Administrator. The petitioner is requesting a COMPREHENSIVE PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.4 and MGL c. 40B, sections 20 to 23 to allow construction of single-family dwelling of low or moderate-income housing. Presenters: Patricia S. Nelson, Esq. O/B/O Lexington Housing Assistance Board, Inc. "LEXHAB" and Lester Savage Ms. Martha Wood recused herself due to her relationship with LEXHAB. Mr. James Osten fulfills her place. Ms. Nelson stated that LEXHAB will be rehabilitating the house located at 241 Grove Street, also known as Wright Farm, in order to turn it into a new single family affordable housing unit. LEXHAB currently rents and owns over 70 units for low to moderate income tenants. They acquired Wright Farm in 2016. They have gone to the Department on Housing and Community Development to seek approval for this proposed rehabilitation. They have already been issued a site eligibility letter and only need approval from the Department because the lot size is smaller than the minimum allowed. Ms. Nelson stated that the house is staying within the footprint of the house and will maintain the same amount of bedrooms. Mr. Osten noted that they would look into where a school bus route may be since the house would be ideal for a family and Grove Street is a very busy street. Mr. Williams inquired where the boundaries are. Mr. Savage stated that the boundaries are marked. The boundary to the conservation land is marked with a split rail fence. 12 Mr. Savage noted that this will be the largest house that LEXHAB will own. On a motion made and seconded, the Board voted to close the hearing. Ms. Krieger added the condition to the permit that they must add a fence to mark the rear boundary. On a motion by Mr. Osten and seconded by Ms. Masterman, the Board voted 5-0 to waive the lot size requirement per Section 4.1.1, Table 2, Schedule of Dimensional Controls. On a motion by Mr. Osten and seconded by Mr. Cohen, the Board voted 5-0 to approve a COMPREHENSIVE PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.4 and MGL c. 40B, sections 20 to 23 to allow construction of single-family dwelling of low or moderate-income housing. 13 Selectmen's Meetinq Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, David G. Williams, Norman P. Cohen, and Associate Members Beth Masterman and James A. Osten Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Other Business: 1) Minutes of Meeting from November 8, 2018 Hearing On a motion by James A. Osten and seconded by Beth Masterman, the Board voted 5-0 in favor of approving the meeting minutes from the November 8, 2018 hearing. On a motion made and seconded, the Board voted to adjourn.