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