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HomeMy WebLinkAbout2022-04-14-ZBA-min RECEIVED 2022 12 May, 214, Ipii7'i TOWN CLERK Minutes of the Lexington Zoning Board of Appeals LEXINGTON MA Virtual, Via Zoom April 14, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 401 Lowell 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 and 135-3.4 Table 1 (Permitted Uses and Development Standards) Line L.1.01 to allow motor vehicle sales. The petitioner submitted the following information with the application: Nature and Justification and a Plot Plan. Also submitted was a previously granted ZBA decision. 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. Presenter: Scott Mabuchi The Hearing was opened at 7:04 pm. Mr. Mabuchi presented the petition. He discussed his business and the proposal. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:07 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). The Board discussed and agreed to a five-year renewal. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a waiver for a certified plot plan (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 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 135-3.4 Table 1 (Permitted Uses and Development Standards) Line L.1.01 to allow motor vehicle sales (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 April 14, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 321 Marrett 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 135-3.4 Table 1 (permitted uses and development standards) Line J.1.02 to allow fast-food use in the CN district. The petitioner submitted the following information with the application: Nature and Justification Plans. Also submitted was a previously granted ZBA decision. 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. Presenter: Jaspal Nagi on behalf of Crust and Curry The Hearing was opened at 7:09 pm. Mr. Nagi presented the proposal. He described the business and stated how it helps the community by providing food. He requested the Board to approve a full-service restaurant and liquor license. Chair, Ralph D. Clifford, stated the Board can only vote on the proposed requested. Mr. Nagi can speak with building staff about his request. A renewal term of five years was agreed on. There were no questions or comments from the Board. There were no questions or comments from the audience. The Hearing was closed at 8:20 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). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant waiver for a certified plot plan (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 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 135-3.4 Table 1 (permitted uses and development standards) Line J.1.02 to allow fast-food use in the CN district (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 April 14, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 1095 Massachusetts Avenue The petitioner is requesting FOUR (4) SPECIAL PERMITS 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 a front yard setback of 2'-1" instead of the required 30', 135-4.3.1 and 135-4.1 Table 2 (Schedule of Dimensional Controls) to allow a height of 17'-5" instead of the required 2'-1", 135-5.2.8.3, 135- 5.2.7 (1), 135-5.2.10 to allow a standing sign to be larger than otherwise allowed, and 135-5.4.4 to allow light trespass onto an abutting lot or parcel. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans. Also submitted was a land taking documentation and a photometrics 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 the Zoning Administrator, Engineering Department, Historic District Commission, Select Board, Fire Department and the Building Commissioner. Presenter: Colin Smith The Hearing was opened at 7:22 pm. Mr. Smith presented the petition. He stated as part of an intersection improvement project there was a land taking. The planted area out front was transferred to the Town for right of way improvements. He explained the site. They are looking to put a canopy over the existing three pumps. They will remove the sandwich board signs and install a more permanent sign in the plantings area. He showed the civil engineer plan and the new lot line. He showed the rendering of the proposed canopy and the free-standing sign. The Historic District Commission formally approved this proposal. The reasoning for the canopy is for safety. It will provide lighting and fire suspension system for pumps. The owner faces challenges maintaining the electronics due to being exposed to the elements, the canopy will help protect the electronics. A Board Member, Nyles N. Barnert, questioned the process for the easement on the Town land (They will have to get approval from the Select Board). A Board Member, Jeanne K. Krieger, questioned light spillage and location (The proposed canopy is only 2 feet from the property line, therefore they would not be able to contain the light. Nor should they because there is a drive path, it should be well lit. Light will spill into the right of way). Ms. Krieger questions the hours the lights will be on (They will only be during the hours of operation which are Monday through Friday 6 am to 10 pm, Saturday 7 am to 9 pm and Sunday 8 am to 8 pm). Chair, Ralph D. Clifford, questioned the height of the canopy (This is due to trucks. 14 feet is the standard height). An audience member, Elizabeth Horton of 1083 Massachusetts Avenue, questioned the light spill over (Mr. Smith explained the photometrics plan). An audience member, Shirish Hirani at 1098 Massachusetts Avenue, asked if the pumps would be staying in the same location and if the garden area would be staying the same (The three pumps will remain where they are. The garden is expected to be maintained where it is. The garden area is maintained by the garden club, they have reached out to them). Mr. Clifford questioned security lighting (There are several street lights that provide general flood lighting). Mr. Clifford stated any other security lighting is to be to reasonable satisfaction to the Building Commission (Mr. Smith agreed). The Hearing was closed at 7:44 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). The Board discussed conditions. The Board agreed on the conditions of the new lights to only be on while the station is open but no more than 6 am to 10 pm and any other security lighting or lighting that is on at night needs to be to reasonable satisfaction to the Building Commissioner. The Board discussed the sign would be required to get Select Board approval but would not need to be a condition as this is already a requirement of the Town. There was a hand raised from the audience. The Hearing was re-opened at 7:49 (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). Mr. Hirani requested the Board to minimize light spillage. Mr. Clifford stated that is standard operating procedure. The Hearing was closed at 7:50 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). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant FOUR (4) SPECIAL PERMITS 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 a front yard setback of 2'-1" instead of the required 30', 135-4.3.1 and 135-4.1 Table 2 (Schedule of Dimensional Controls) to allow a height of 17'-5" instead of the required 2'-1", 135-5.2.8.3, 135-5.2.7 (1), 135-5.2.10 to allow a standing sign to be larger than otherwise allowed, and 135-5.4.4 to allow light trespass onto an abutting lot or parcel (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 April 14, 2022 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk The Board voted to adjourn.