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HomeMy WebLinkAbout2019-03-28-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 28, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen, and Associate Member Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 7 Shirley Street 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 more gross floor area than otherwise allowed. The petitioner submitted the following information with the application: Nature and justification, plans, and elevations. Also received was a request for waiver of certified plot plan and (3) letters in support of abutters. 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: Zoning Administrator, Building Commissioner, and Historical Commission. Presenter: James and Christina Leitch The hearing opened at 7:00 PM Mr. Leitch stated they are looking to put a small addition on the back of their house to add dormers to the second floor space. They love their house, they just need more space. They have a growing family with a four year old and a seven month old. The need for three bedrooms and a guest bedroom is because they have family that travels from Scotland. Also, the laundry is currently located in the basement. They would like to move that up to the second floor, which is part of the reason for the increase. No questions or comments from the audience. No questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:08 PM. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to waive requirement for a certified plot plan. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger , the Board voted 5-0, for 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 more gross floor area than otherwise allowed. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 28, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen, and Associate Member Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 60-62 Woburn Street 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 reconstruction of an existing two family dwelling. The petitioner submitted the following information with the application: Nature and justification, plot plan, floor plans, and elevations. 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: Zoning Administrator, Building Commissioner, and Historical Commission. Presenter: Domenico Gallinelli The hearing opened at 7:09 PM Mr. Gallinelli explained this is to propose reconstruction of a two family dwelling. The house was built in the 1780's as a two family. It was protected as a two family use. It is in a non-conforming situation which is why he had to come before the Board. Mr. Gallinelli stated he is not trying to build greater than what is allowed. There will be no detriment to landscape because there are other two families near that house. The house had been used as a two family its whole life. Currently it has six bedrooms, three bedrooms in each unit. This is the same as what is proposed. The Historical Commission voted unanimously to remove the house from the list because they felt it no longer had any historical significance. There are two structural reports that support that the house is unsound and needs to be rebuilt rather than repaired. Lexington is in need of smaller more affordable units, that's what he is proposing. He again stated he would not be adding any detriment. A Board member, Nyles N. Barnert, asked if the footprint was staying the same (Mr. Gallinelli responded no, he then showed the current footprint and the proposed footprint. He stated it is increasing in size but meets all setbacks). A Board Member, David G. Williams, stated his concern for the curb appeal. He asked if there was any way Mr. Gallinelli could soften that (Mr. Gallinelli stated that because each unit has its own requirements, those items need to be there. He also pointed out that the current driveway goes all the way back so he is actually decreasing the asphalt). Mr. Williams asked if he has consulted a landscape architect (Mr. Gallinelli responded he had consulted an architect. He then stated it would be difficult to relocate the walk ways, but they might be able to push them closer to the house). Chair, Ralph D. Clifford, asked if the structure will conform will all other zoning requirements and asked if there any plans to condominiumize (Mr. Gallinelli stated that is correct and no, he grew up in Lexington, it is going to be an income property and he intends to keep it) An audience member, Michael Ocean of 70 Woburn Street, spoke in favor of the petition. No comments or questions from the Board. There were no further questions or comments from the audience. On a motion made and seconded, the Board voted to close the hearing at 7:22 PM. On a motion by Jeanne K. Krieger and seconded by David G. Williams, 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 reconstruction of an existing two family dwelling. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 28, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen, and Associate Member Nyles N. Barnert Alternate Sitting: Nyles Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 428 Marrett Road The petitioner is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.1 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and justification, and photographs. Also received was a request for waiver of certified plot plan. 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: Zoning Administrator and Economic Development Presenter: Tram Duong The hearing opened at 7:23 PM Tram Duong presented the petition on behalf of First Lash. Ms. Duong stated the front store sign that is proposed is greater than the three feet maximum and this is why they are before the Board. Their intent is to match the size of the adjacent sign which is LeDerm Laser. The landlord would like uniformity. The store front is setback by a parking lot, a smaller sign could harm the business. First Lash would be on second floor. Chair, Ralph D. Clifford, announced to the Board further information was recently obtained about the LeDerm Laser sign. The Zoning Administrator stated the Building Department does not have a record for a building permit for the LeDerm Laser sign. (Ms. Duong stated The LeDerm Laser sign does not have any record of a permit. The last record is for Coldwell Bank sign in 1985. The DAC did conclude to advise against approving this special permit because the sign they were matching was not pre- approved). A Board Member, David G. Williams, stated if the sign has lighting that was not approved either. The Zoning Administrator clarified lighting would be part of the building permit, external illumination is allowed. She added she had just found out today the existing sign does not have a building permit. Mr. Clifford stated if it is possible they may want to delay consideration of the second sign until there is a better resolution. Ms. Duong stated the business owner is eager to have something to identify the business, putting up a smaller sign would do more harm than good. The other sign has been up for quite a while. A Board Member, Jeanne K. Krieger, asked if they are asking for lighting (Ms. Duong stated they are just in charge of the sign, and doesn't know what the landlord will propose for external lighting.). Mr. Williams asked about the sign in the window of LeDerm Laser, he stated he finds that offensive. The Zoning Administrator stated signage inside the window is allowed. Mr. Williams clarified the sign is outside the window (Zoning Administrator then stated no that would not be allowed). Ms. Duong asked if the Coldwell Banker sign was approved would that play any role, it was a much bigger sign. (The Zoning Administrator replied if they were replacing the sign in like dimensions they would only need a building permit. However it doesn't seem like they even applied for a building permit). Mr. Clifford encouraged them to think about a continuance. Mr. Williams asked if this landlord is the same as all the other buildings in that area (Ms. Krieger responded yes and that she agrees on a continuance). Ms. Duong stated the business owner would like to have an answer as soon as possible (Mr. Williams suggested a temporary sign). There was a discussion of temporary sign terms. Ms. Duong agreed to a continuance if it was what the Board advised. The Zoning Administrator suggested to continue to the April 25th 2019 meeting. On a motion by Nyles N. Barnet and seconded by Jeanne K. Krieger, the Board voted 5-0, for a continuance to the April 25, 2019 meeting. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 28, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen, and Associate Member Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1) Minutes of Meeting from March 14, 2019 Hearing On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 4-0 (Mr. Clifford abstained) in favor of approving the meeting minutes from the February 14, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.