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HomeMy WebLinkAbout2015-06-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 25, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member Laura Hussong sat as an alternate for this hearing. Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 4 Homestead Street, Map 58, Lot 257 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; building plans and photographs. 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 and the Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 & 135-9.4 to allow modification (addition) of a non conforming structure. The Chairwoman opened the hearing at 7:36 pm by reading the legal notices and described information received from the petitioner. Daryn Gladstone of Clearwater Sunroom and Window presented the petition for the owner of the property, Satish Chitnis. The applicant seeks to remove an existing deck and replace it with a 14 ft. x 20 ft. sunroom addition onto the right side of the house. The proposed addition will be located 22.3 ft. from the front lot line and 7.3 ft. from the rear lot line. The Chairwoman asked what the square footage of the existing house was. The existing structure is 988 sq. ft. and they will be adding an additional 280 sq. ft.) The Lot size is 5,662 sq. ft. A Board member questioned the elevations of the structure. (Will match the roof pitch and the finish will be clapboard.) Clarified the setbacks on the plot plan. The applicant commented there will be stairs coming out of the sunroom. A Board member didn’t see the correct numbers on the plot plan. He also asked about the existing shed set back. It was asked what a sun room is? It is a room with a lot of glass, it will be heated with no basement. BOA Meeting June 25, 2015 2 Not clear of the dimensions from the deck now. There will be just one step from the sunroom. They will have the step come from the right side of the sun room so they will not need relief for the stairs. The applicant marked up a copy of the plot plan with the step included. (Exhibit A) The Zoning Administrator asked for clarification of the setbacks of the stairs. There were no questions from the audience. Lorraine Sirois of 154 Cedar Street presented pictures from her house. She was unclear if the deck was staying. The deck will be coming down. Ms. Sirois had also been concerned about the side door and is pleased that it is now being moved to the right side. A Board member asked if the applicant had spoken with the abutter to the right. Yes he has, her house is far enough from the lot line. You cannot see her house from his house. John Sirois of 154 Cedar Street asked to see the plans. The Chairwoman closed the hearing at 8:00 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 & 135-9.4 to allow modification (addition) of a non conforming structure as per the marked certified plot plan, exhibit A. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 25, 2015 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 25, 2015 Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member Laura Hussong sat as an alternate for this hearing. Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 233 Massachusetts Avenue, Map 13, Lot 313 The petitioner submitted the following information with the application: Nature and justification; mortgage plot plan; floor plans; photographs; letter from Attorney Alan Wrigley dated June 1, 2015, letters of support from Arlex Oil of 275 Massachusetts Avenue, Frank Sarno of 229 Massachusetts Avenue and Scott and Keri Caron of 241 Massachusetts Avenue; memorandum from Nicole Caron answering questions from the Zoning Administrator and sign plans. 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 Conservation Administrator, and the Health Director, the Selectmen’s office, the Economic Development office and the Zoning Administrator. The petitioner is requesting 5 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) for the following relief: 1) section 135- 5.1.14 to allow 0 loading bays instead of the required 1 loading bay; 2) from Table 1, Permitted Uses and Development Standards, Line J.1.02 and 135-9.4 to allow fast food use in a CRS District; 3) from sections 135-5.2.10 and 135-9.4 to allow more or larger signs than otherwise allowed; 4) from section 135-5.1.14 and 135-9.4 to allow 3 parking spaces instead of required 11 spaces; and 5) from sections 135-5.1.14, 135- 5.1.11 and 135-9.4 to allow waivers from parking requirements. The Chairwoman opened the hearing at 8:02 pm by reading the legal notices and described information received from the petitioner. Attorney Alan Wrigley presented the petition for the owner of the business, Nicole Caron. The applicant seeks to move its existing business–Great Harvest Bread Company, a coffee shop and bakery from the Town Center to East Lexington. Under this proposal, the business would be expanded to an 18-seat coffee shop with 3-onsite parking spaces. BOA Meeting June 25, 2015 4 As a single family dwelling and as commercial property the proposed site at 233 Massachusetts Avenue is nonconforming with respect to the dimensional controls. The lot is also nonconforming with respect to the lot area and lot frontage requirements for either the residential or commercial cases. The applicant is also seeking a waiver of the certified plot plan requirements. A Board member asked what the hours of operation would be. (7:00 am to 6:00 pm) They are unable to open a take-out business earlier than 7:00 am without a special permit. The Board member also asked what the plans for the front of the building are. (Other than cleaning up the area they have no plans for the area this year.) He also asked what she thought the advantage be of moving to East Lexington. (More space and better parking.) Will people be able to access it from the Bike Path? They could but would need to climb a hill to access her business, otherwise, they will need to go down to the stop sign and take 2 lefts. Clarified they are not in the Historic District. A Board member said he is supportive of this petition but has a concern with the dumpster being picked up early in the morning. (Will talk with company to have them come later in the morning.) There was a discussion of work being done at the property, the Board member is concerned with the dirt being moved around. He would like to see a landscape plan for the front. Attorney Wrigley explained he and David George had a conversation regarding the landscaping and the discussion ended with the thought one was not needed. The Board member also questioned the parking area. (They would need to go to the Conservation Commission to open up the rear for parking.) The Board Member also spoke of the sign. Ms. Caron had met with the Design Advisory Committee and the sign will be made smaller. He does not like sandwich boards. The Zoning Administrator clarified three comments: 1) the landscape in front of the building was removed with the expectation that the owner of the building was replacing it. A landscape plan was determined not to be needed since the existing parking area was not being made any larger; 2) the plan shows 3 regulation size parking spaces, there is no room to make additional regulation size spaces; and 3) the dumpster will be required to be screened and locked. BOA Meeting June 25, 2015 5 Another Board member commented that she would like to see a sandwich board on the bike path to let people know that they are there. A discussion followed regarding the condition of the area near the bike path. Another Board member asked if the Board could grant the special permit for the sandwich board that could go either in the front or on the bike path. Attorney Wrigley answered they asked for a sandwich board but did not specify where it would be. There were no questions or concerns from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed this hearing at 8:45 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted, 5-0 to grant a special permit to allow from section 135-5.1.14 to allow 0 loading bays instead of the required 1 loading bay; and a special permit from Table 1, Permitted Uses and Development Standards, Line J.1.02 and 135-9.4 to allow fast food use in a CRS District; and On a motion by Leo P. McSweeney and seconded by David G. Williams, the Board voted 5-0 to grant a special permit from sections 135-5.2.10 and 135-9.4 to allow more or larger signs than otherwise allowed with the following conditions: 1. The building sign shall be in complaince from the recommendations from the Design Advisory Committee and shall not be any larger than 8 ft. 2. The sign shall be illuminated during business hours only. 3. One sandwich board sign shall be allowed to be left out only during business hours in the front of the building and shall be allowed to be left out in the back by the bike path at all times. 4. The building sign shall be externally illuminated during business hours only. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 4-1, with David Williams in opposition, to grant a special permit from section 135-5.1.14 and 135-9.4 to allow 3 parking spaces instead of required 11 spaces. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the certified plot plan requirements. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 25, 2015 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 11, 2015 Board Members Present: Chairman Martha C. Wood, Jeanne Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member Laura Hussong sat as an alternate for this hearing. Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator On a motion by Leo P. McSweeney and second by Jeanne K. Krieger, the Board voted 5-0 to approve the minutes from May 14, 2015. Submitted by: Dianne Cornaro, Administrative Clerk