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HomeMy WebLinkAbout2021-11-18-ZBA-min RECEIVED 022 28 Jain, 919 ain't TOWN CLERK Minutes of the Lexington Zoning Board of Appeals LEXINGTON MA Virtual, Via Zoom November 18, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Michael Boudett Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 145 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8, 135-5.2.10 and 135-5.2.4 to allow a sign to be larger than otherwise allowed on the front of the structure and to allow a sign to be painted on an exterior wall on the rear of the structure. The petitioner submitted the following information with the application: Nature and Justification, and Plans. Also submitted was a certified plot plan waiver request and letters from 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 the Zoning Department and Building Commissioner. Presenter: James Cadenhead on behalf of Battle Road Bikes The Hearing was opened at 5:05 pm. Mr. Cadenhead presented the petition. He stated there are two sign proposals. They met with the Design Advisory Committee on November 17, 2021 and got recommendations of approval on both signs. The front sign is sized to cover discoloration from a previous sign. He went over the dimensions of the front sign. It will be lit externally with linear LED lights to match the lighting for the Dominos sign on the building. Illumination shall not exceed 150 ft lamberts. The rear sign would help to service that entrance as their second front entrance. The Minute Man Bikeway is the second heaviest traveled rail trail in the United States. The applicant discussed the Local Rapid Recovery Program and the artist who painted the mural. They received several letters of support, including letters from the Economic Development Office, the Friends of The Lexington Bikeways and the Lexington Retailers Association. There is an existing path from the bikeway to the building. The Board questioned lighting hours and hours of operation (Would prefer to keep the lights on later because they do rides that can go later into the evening. Business hours are 10 am to 6 pm Monday through Saturday and 11 am to 5 pm on Sunday. The hours could change. He suggested the lights to be off by 8:30 pm). A Board Member, Jeanne K. Krieger, stated turning the lights off by 9 pm would be acceptable. She mentioned an abutter letter discussing a dumpster in the back of the property that was not RECEIVED 022 28 Jain, 919 aui °m TOWN CLERK LEXINGTON MA screened (That is not their dumpster. That letter also asked how they would control traffic speed of a-bikes on the bikeway but they cannot do anything about that). The Board asked the Zoning Administrator to take note of that dumpster and lighting. Mr. Cadenhead stated they are trying to clean up the backside of that building. A Board Member, Martha C. Wood, stated the letter also mentioned unshielded lights on the back of the building (There are security lights on the back of the building that were already there and have been turned off). Ms. Krieger asked what the regulations are regarding electric bikes (They are not regulated. There are two bills, if passed, would regulated them into different classes). Mr. Cadenhead stated the sign is not advertising a product, it is just the name of the shop in a mural. An Audience member, Norma Floyd of 16 Oxford Street, stated the applicant has painted the sign before receiving any permission. No other business has any such advertising and are concerned for the applicant's intentions. She stated her concern for safety on the bikeway. There is no advantage to the bikeway to have advertising painted two stories high. An Audience member, Chris Floyd of 16 Oxford Street, stated the mural looks directly into Bow Street Park. There were no further questions or comments from the audience. There were no further questions or comments from the Board. Mr. Cadenhead stated he understands the importance of signs and their placement on the bikeway. The mural sign was done because they thought they were working within parameters of what was allowed. The Hearing was closed at 5:25 pm (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). A Board Member, Nyles N. Barnert, stated a lot of the things mentioned in the abutter letter are not under the parameters of the Board of Appeals. The Board agreed on hours of lighting to be dusk to 9 pm. Chair, Ralph D. Clifford, stated although they don't have precedence, they are telling other businesses they can do similar projects. The back of the building is ugly and this painted sign is less ugly. Associate member, Michal Boudett, stated although the mural is large it is meant to blend in with the wall. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford—Yes, RECEIVED 022 28Jain, 919 aui °m TOWN CLERK LEXINGTON MA Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert —Yes) The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8, 135-5.2.10 and 135-5.2.4 to allow a sign to be larger than otherwise allowed on the front of the structure and to allow a sign to be painted on an exterior wall on the rear of the structure (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger —Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes) with conditions. RECEIVED 022 28 Jain, 919 ain't Minutes of the Lexinqton Zoninq Board of Appeals TOWN CLERK Virtual, Via Zoom LEXINGTON MA November 18, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Michael Boudett Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1060 Waltham Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.2.8.3, 135-5.2.4 and 135- 5.2.10 to allow an internally illuminated standing sign. The petitioner submitted the following information with the application: Nature and Justification, and plans. Also submitted was wall signs in Waltham. 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 Department, Planning Department, Conservation Department and Engineering Department. Presenter: Heather Dudko on Behalf of Chase Bank The Hearing was opened at 5:33 pm. Ms. Dudko presented the petition. She stated there are three signs proposed in the City of Waltham. The proposed standing sign would be 14 square feet. The sign would be internally illuminated. The Design Advisory Committee recommended they change the lighting to a halo look, which they are willing to accommodate. The sign location has been changed from the original proposal due to concerns from Engineering Department and Conservation Department. The branch location has a 24 hour drive up/walk up ATM vestibule. The Bank originally wanted the sign to be illuminated 24 hours but are willing to comply with the allowed lighting hours and have no illumination between the hours of 11 pm to 6 am for now. There is lighting and signage proposed on the drive up but that is not in Ms. Dudkos scope of work, the contractor will need to handle that. A Board Member, Nyles N. Barnert, questioned if the lighting would be on during the day (Not all day, if they don't need to be on then they won't be on). There were no questions or comments from the audience. There were no further questions or comments from the Board. The Hearing was closed at 5:44 pm (Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). RECEIVED 022 28 Jain, 919 aui °m TOWN CLERK LEXINGTON MA The Board agreed they would accept the recommendation from the Design Advisory Committee for the sign to have halo lighting and the internal illumination will be off between the hours of 11 pm and 6 am. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.2.8.3, 135-5.2.4 and 135-5.2.10 to allow an internally illuminated standing sign (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes) with conditions. RECEIVED 022 28Jain, 919 ain't TOWN CLERK Minutes of the Lexington Zoning Board of Appeals LEXINGTON MA Virtual, Via Zoom November 18, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Michael Boudett Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 12 Melrose Ave The petitioner is requesting THREE (3) SPECIAL PERMITS and a VARIANCE section(s) 135- 9.4 and 135-8.4.2 to allow a front yard setback of 10 ft 3 inches instead of the required 30 ft and allow a rear yard setback of 2 inches instead of the required 15 ft, 135-4.1.11 and 135-5.1.14 to allow a driveway to be 0 feet front the rear property line instead of the required 5ft and 135- 9.2.2.2 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow the height of a dwelling to be 25 ft 6 inches instead of the required 20 ft. The petitioner submitted the following information with the application: Nature and Justification, and plans. 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 Department and Building Commissioner. The applicant submitted a request to withdraw without prejudice. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). RECEIVED 022 28 Jain, 919 aui °m TOWN CLERK LEXINGTON MA Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom November 18, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Michael Boudett Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk 1. Minutes from the October 28, 2021 Hearing The Board of appeals voted four (4) in favor, zero (0) opposed, and one (1) in abstention to approved the minutes from October 28, 2021 Hearing (a role call was taken: Ralph D. Clifford— Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Abstained, Norman P. Cohen —Yes and Nyles N. Barnert —Yes). The Board voted to adjourn.