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HomeMy WebLinkAbout2022-03-24-ZBA-min RECEIVED 2022 12 M ay, 2 11 p 17'1 Minutes of the Lexinqton Zoninq Board of Appeals TOWN CLERK Virtual, Via Zoom LEXINGTON MA March 24, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Board Discussion on Restoring Minor Modification Powers Chair, Ralph D. Clifford, stated when the site plan voting was transferred over to the Planning Board they also transferred over the power to do minor modification for special permits. If someone has a minor modification they have to go through the full procedure. The Board discussed and agreed this power should be restored to the Zoning Board of Appeals. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant the Zoning Board of Appeals in sending communication to the Planning Board and the Select Board requesting that the Zoning Boards ability to use minor modification be restored (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). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom March 24, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 45 Fottler Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification to non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, Elevations and Gross Floor Area Calculations. 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, Conservation Administrator, Engineering Department, Building Commissioners and Planning Department. Presenter: Paul Kirchner, engineer at 100 Main St Acton Ma, on behalf of Marina and Igor Balk The Hearing was opened at 7:15 pm. Mr. Kirchner presented the petition. He stated there is currently a one-car garage that encroaches on the front and side-yard setbacks that is to be replaced with a two-car garage. The Board questioned the status with the Conservation Commission (They had a meeting with the Commission that was generally positive. They had comments related to mitigation planting and Engineering had comments related to drainage design. They can easily be addressed. The mitigation planting is something they have to figure out with the Town of Arlington as well. They were continued to April 4th,) Chair, Ralph D. Clifford, stated it would make more sense to continue until after the Conservation meeting and the issue with Arlington Conservation land is addressed. Mr. Kirchner stated they are open to a continuance. A Board Member, Norman P. Cohen, questioned utilities (They are proposing expansion to the driveway but that is entirely on the lot. The gas service will need to be adjusted but they will deal with the gas company). A Board Member, Nyles N. Barnert, questioned if the driveway is going to be impervious surface. Mr. Clifford stated the Conservation Commission should address that and the Zoning Board is concerned about that. The driveway setback is a concern as well. Mr. Kirchner stated the driveway is currently 1.1 feet away from the setback and they are not proposing to change that. If there is need to pull that back they would be open to that. They are just proving the lip at the driveway apron to blend the driveway into the garage. A Board Member, Jeanne K. Krieger, questioned if the driveway was being resurfaced wouldn't it be a good time to pull the driveway away for the side yard. Mr. Clifford stated it would but understanding the driveways current condition does help. The closer any lot comes to conforming the better it is. Providing appropriate screening is something else they might want to explore. Mr. Clifford stated the Arlington issues have to be resolved. It should be restored to its natural state. There were no further questions or comments from the Board. There were no questions or comments from the audience. Mr. Kircher agreed to a continuance to May 12, 2022. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to May 12, 2022 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). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 24, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 5 Constitution Road The petitioner is requesting a SPECIAL PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-8.4.2, 135- 5.1.14 and 135-5.1.10 to allow a modification of two previously granted special permit dated May 13, 2021. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, Elevations and Historical Commission Decision Letter. 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, Historical Commission, Engineering Department and Building Commissioners. Presenter: Rick Ames, Next Phase Studio Architects at 1 Holden St Brookline MA on behalf of Andrew and Christina Grant The Hearing was opened at 7:35 pm. Mr. Ames presented the petition. He showed the plans. He compared the existing with the previously approved and the proposed plan. Due to Covid-19 they scaled back their plan. The driveway has been flattened slightly at request by Engineering. They have reduced the size of the project as such where they don't really need relief on the existing non-conforming. A Board Member, Jeanne K. Krieger, questioned the change in elevation on the driveway and the elevation on the new parking space relative to the driveway (They are contiguous. They had steepened the driveway and Engineering asked them to go back to a 12 pitch so they maintained a 12 pitch. There will be some pitch to the parking area). There were no further questions from the Board. There were no questions or comments from the audience. The hearing was closed at 7:43 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). There were no comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-8.4.2, 135-5.1.14 and 135-5.1.10 to allow a modification of two previously granted special permit dated May 13, 2021 (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). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom March 24, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 21 Tower Road 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 and 135-8.4.2 to allow modification to non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Topo plan, Plot Plan, Plans, Elevations and Gross Floor Area Calculations. 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 and Engineering Department. Presenter: Fredrick Gilgun attorney with Nicholson trader and Gilgun at 33 Bedford St Lexington Ma on behalf of Karen Duprey The Hearing was opened at 7:45 pm. Mr. Gilgun presented the petition. He stated in November the Board granted a special permit for the addition. They had changed the plans to include a master suite above the garage and a hallway above the breezeway. As viewed from the exterior the addition will increase the length of the garage by two feet in correspondingly reduce the breezeway. The right-side encroachment does not change as previously approved by the Board. The new addition will not create any new non-conformities and it will enhance the utility of the home. It will still fit with the character of the neighborhood and not be more detrimental. A Board member, Jeanne K. Krieger, questioned the storm water retention letter received from Fredrick Russell. Building Commission, James Kelly, stated in general as any redevelopment they are always concerned about water mitigation. Chair, Ralph D. Clifford, summarized the letter the Board received in regards to storm water retention. He stated his interpretation is that it is not possible to have any kind of underground system. Whatever drains off of it will have to drain on the surface. A Board Member, Martha C. Wood, stated then it would all just run into the street and ice over into the winter. What are the results of saying there is nothing they can do. Mr. Gilgun stated as currently constructed there is no infiltration system on the property. The last Special permit was granted without this requirement. He agreed with Mr. Clifford's interpretation of the letter. Mr. Clifford questioned if there was any increase in pervious material from what was previously approved by the Board and this proposal. Peter Daus-Haberle, Architect at 63 North Hancock St, stated the impervious surface was only increased by a very small margin. The entire site is ledge. Rain water goes into dirt and goes horizontally out, so they shouldn't be changing the water flow because of the ledge. He showed the plan to show the difference between what was previously approved and the proposed addition. Mr. Clifford questioned the gutter location, down spout location and where they would discharge (Mr. Daus-Haberle showed on the plan and stated they would discharge at the surface). A Board Member, Norman P. Cohen, questioned if this was an unaccepted street. Mr. Kelly stated it is an unaccepted street. There were no further questions from the Board. There were no questions or comments from the Board. Mr. Gilgun stated the modification does not present any substantial detriment to the neighborhood. With the benefit of the Special Permit granted previously the homeowner is granted to go forward with the addition that was allowed. The increase in impervious surface is insignificant. The Hearing was closed at 8:02 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). There were no comments from the Board. 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 and 135-8.4.2 to allow modification to non-conforming 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). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom March 24, 2022 Board Members: Chair— Ralph D. Clifford, Norman P. Cohen, Nyles Barnert, Martha C. Wood and alternate William P. Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 915 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) FIFTEEN (15) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135- 5.3.4, and 135-5.3.5; to allow for No Transition Area where the Property abuts or is across the street from a residential zone or any part of a residential zone, 135-9.4, 135-8.4.2 and 135- 4.1.1, Table 2 (Schedule of Dimensional Controls); to allow the Front Setback to be 12.5' instead of the required 30.0', 135-4.1.1, Table 2 Schedule of Dimensional Controls); to allow a side setback to a residential district from a CN zone to be 17.6' instead of the required 30.0', 135-4.1.1, Table 2 (Schedule of Dimensional Controls); to allow a side setback to a residential district from a CN zone to be 5' instead of the required 30.0' (Market Building), 135-4.1.1 Table 2 (Schedule of Dimensional Controls); to allow a Floor Area Ratio of 0.26 instead of the allowed maximum of 0.20, 135-4.1.1 Table 2 (Schedule of Dimensional Controls); to allow Total Site Coverage of 25% instead of the allowed maximum of 20%, 135-5.1.11-3, Minimum Yards for Parking; to allow for paved parts of all parking spaces, driveways, and maneuvering aisles to be 1' from a residential district lot line instead of the required 20', 135-5.1.11-3, Minimum Yards for Parking; to allow for paved parts of all parking spaces, driveways, and maneuvering aisles to be 0' from the street line instead of the required 10', 135-5.1.12-3; to allow screening for parking to be 1" instead of the 4' minimum requirement, 135-4.1.1 Table 2, Schedule of Dimensional Controls; to allow a canopy height of 18'-6" instead of the maximum height of 15', 135-5.1.13-1; to allow for parking spaces of 9 feet wide by 18 feet long instead of the required 9 feet wide and 19 feet long, 135-5.1.13-1; to allow for ADA parking spaces of 8 feet wide by 18 feet long instead of the required 9 feet wide and 19 feet long, 135-5.1.4, Table of Parking Requirements; to allow 14 parking spaces instead of the required17 parking spaces, 135-3.4, Table 1 (Permitted Uses and Development Standards), Line J1.03; to allow Takeout Food Service between the hours of 6:OOAM to and 12:OOAM instead of the required 7:OOAM to 11:00 PM, 135-5.1.11-2, Minimum Yards for Parking; to allow for a portion of the parking stall to be located in the front yard and TWO (2) VARIANCES, sections 135-4.1.1 Table 2 (Schedule of Dimensional Controls); to allow a building height of 31'-3" instead of the maximum height of 15'. 135-4.1.1, Table 2 (Schedule of Dimensional Controls); to allow a rear setback to a residential district from a CN zone to be 13.0' instead of the required 30.0'. The petitioner submitted the following information with the application: Nature and Justification, Topographical Plan, Plot Plan, Plans and Elevations. Also submitted was a project narrative, a previous ZBA decision, Gross Floor Area Calculations, Traffic Letter, Flat Building Roof Elevation Example, Rendered Elevations and Abutter Letters. 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, Conservation Administrator, Engineering Department, Health Department, Chief McLean and Planning Department. Presenter: John Farrington attorney on behalf of Colbea Enterprises The Hearing was opened at 8:08 pm. Jeanne K. Krieger recused herself and Alternate member William P. Kennedy became a voting member. Chair, Ralph D. Clifford, stated the Board will first consider the Variances. Variances are held to a different legal standard and seem to driving the need for the Special Permits. Mr. Farrington presented the proposal. He stated the applicant is asking the Board to allow a complete redesign of the property. This involves changes to the locations of the fuel pumps, modification to the entrances and pushing the fuel station to the front of the site. There are four thirty-seven-year-old tanks that will be replaced. The service building will also be replaced with a larger building. William Dailey, of 114 Marrett Road, stated he has owned the property sense 1974. He reviewed the history of the property. Sheryl Guglielmo, LEED AP Senior Project Manager, stated the redevelopment is to improve the image and curb appeal for this lot. They are focused on environmental safety and improved circulation for vehicles and pedestrians. She showed the allowed building setback area and stated that it is a corner lot that leaves limited buildable area. Eleven of the requested Special Permits exists on the plan today. She reviewed the existing development and the current stacking for the fueling pumps. They received comments from the Design Advisory Committee on types of landscaping that they have added to their plan. They also added detail to the building on the side of Concord Ave. She showed the proposed site layout plan and reviewed the plan. They plan to construct a 2,700 square foot seasons corner market building that has a 1,500 square foot addition. Heather Monticup, of Greenman-Pedersen Traffic Engineer at 181 Ballardvale Street Wilmington MA, discussed the fuel truck delivery flow with parking, the entrances and safety. The parking spaces are directly adjacent to the building. There is now ample room between the parking spaces and the fuel pumps. She reviewed the current fuel delivery truck entrance and delivery versus the proposed. If the fuel truck did have to use the Concord Ave driveway entrance to enter the site and a vehicle is waiting at the northern pump the truck would have to wait for the vehicle to move. That northern entrance is marked as entrance only. They did counts out there, there are vehicles making right turns out but no one made a left turn out. They are asking at this point for the driveways to remain as they operate at his time. Ms. Gugielmo stated they included a photometric plan in their application. Currently there are no free-standing lights. They have goose neck fixtures on the building and lights mounted on the under side of the canopy. At the Design Advisory Committee, it was suggested they light up the sidewalks along Waltham Street and Concord Avenue, which they are open to. This was also recommended by public safety. They understand this would be an additional Special Permit because light levels would be going over the property line. She then discussed the landscape plan. Ms. Guglielmo stated there is an existing opening on Waltham Street and the current plan is to leave that opening at the current width that it is today. She then discussed the painted directional signs. Chair, Ralph D. Clifford, stated the Board should start their consideration with the two variances being requested. One of the variances is to allow the building to be taller and the other is to allow the building to be moved back towards the residential property. On a variance the standards are different than they are on a special permit, they need to have a particular reason a variance. His understanding for the Variances is the shape of the lot, more particularly the curve. Mr. Farrington stated that is correct but also those two side lot lines are severely impacted by Waltham St and Concord Avenue. Mr. Clifford stated those roads are very busy but that is a problem that every parcel that is adjacent to it has, that is not something that is specific to this parcel. Something specific to this parcel is the curve (Mr. Farrington agreed). Mr. Clifford questioned what the cupolas solves with dealing with the curve (Mr. Farrington stated they are allowed to go over the height to protect the HVAC equipment on the top to the building, that structure servs that purpose. That would be allowed as a protective parapet under the existing zoning bylaw. The building is higher than the 15 feet limit. If the Board would like a flat roof at 15 feet high that could be built. They are addressing that the building fit in with its surroundings. He discussed the buildings in the area). Mr. Clifford stated the Board has been given a set of regulations that they have to enforce. They have to focus on this on this lot. There are other buildings around that are taller but that is not the issue in front of the Board (The higher building doesn't have to be this building. They could provide a building with a 15-foot ridge line with the parapet). Mr. Clifford stated it would be possible to build the building by special permit and not use the variance for height (Mr. Farrington responded yes). That's devastating for the argument of a compelling need for a variance. Mr. Clifford questioned the compelling need to push the building back (Mr. Farrington stated in order to relocate the pumping stations, provide the canopy and a two-car travel lane they need to push the building back to achieve those safety issues). Mr. Clifford confirmed that it is not possible to change the pump layout with out needing to push back into the setback (Mr. Farrington stated that is correct. This is the layout that allows for a safe and sound internal management of cars). Mr. Clifford asked if the building was reduced in size would the setback invasion be necessary, how much is the store growing (Ms. Guglielmo stated the existing store is 1,700 square feet and the proposed is 2,700 square feet). Mr. Clifford asked if they took 1000 square feet off the building how much further away from the property line would that move the building away from the property line (Ms. Guglielmo stated it would be another 11 feet off the building. They would be at about 24 feet from the property line). A Board Member, Nyles N. Barnert, stated if the existing building were just moved back they could do a lot more and have only a small part of the building be close to the residential property. He questioned if that is something they could do (Ms. Guglielmo stated they would run into circulation issues. They would lose the space for dumpster access and the loading area). A Board Member, Norman P. Cohen, questioned the flow of traffic if he were only going to the store coming from Waltham Street (Ms. Guglielmo explained the flow). A Board Member, Martha C. Wood, asked for clarification on the cupola (Mr. Farrington clarified the intent of the cupola). The Board discussed the height variance. After discussion Mr. Clifford stated it is probable the height variance would get denied. The Board discussed the setback variance. After discussion Mr. Clifford stated there are a couple of things about the location of the building that are highly objectionable. The location of the garbage containers is not ideal. The building is significantly bigger. This is a small lot and small lots have limited capability. A building that is designed where they do not have infinite space would help satisfy the variance standards. Mr. Clifford suggested a continuance to give the design team a chance to re-evaluate (Mr. Farrington agreed to a continuance). Andrew Dellicarpini, owner of Colbea Enterprise, stated this building has gone through many changes. What they are building in most of their facilities is twice the size of this. People rely on these convivence stores as a one-stop-shop. The community will be short changed by having a flat roof. The immediate abutter is supportive. Mr. Clifford stated there are zoning bylaws that are different for commercial properties. This is a small lot. They are not making aesthetic judgments. Mr. Farrington agreed to a continuance to May 26, 2022. The Board discussed the proposed Special Permits. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant continuance to May 26, 2022 (a role call was taken: Ralph D. Clifford—Yes, William P. Kennedy—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom March 24, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Martha C. Wood and Associate James Osten Alternate Member: William Kennedy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the February 10, 2022 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from February 10, 2022 Hearing (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). The Board voted to adjourn.