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HomeMy WebLinkAbout2022-05-12-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom May 12, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Kathryn Roy 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 Mr. Kirchner stated the Conservation hearing was closed. They addressed the Town Engineers issues with the Storm Water Management System and also the owner is going cease encroachment of their yard onto the adjacent parcel owned by the Town of Arlington. Chair, Ralph D. Clifford, questioned if the 8 feet from the house matches the window that is in the house (The placement of the garage was in an effort to maintain existing setbacks. The window was taken into consideration). Alternate Member, Kathryn Roy, questioned if there were any encroachments in the setbacks (They requested the Special Permit because the proposed and existing garage are in the setbacks at a minimum of 4.5 ft of the side lot line 21.2 feet to the front lot line. They have maintained the front lot line and increased the side lot line to 5 feet). There were no further questions from the Board. There were no questions or comments from the audience. The hearing was closed at 7:10 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 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)with conditions that they are compliant with the Conservation Commission and the agreement with the Town of Arlington. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom May 12, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 14 Bridge 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 135-8.4.2 to allow reconstruction 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. Also submitted was supporting Statement from Applicant, Land Survey of Existing Conditions, Exhibit Sketch, Letters from Abutters and photographs. 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, Building Commissioners and Planning Department. Presenter: Kerri Murray, of Kerri Murray Architecture 210 North Main Street Sharon, Ma The Hearing was opened at 7:11 pm. Ms. Murray presented the petition. She stated they are proposing a one and a half story home, similar to what is there currently. It is a unique lot that is pie shaped. It is a corner shape that has one continuous street that makes it extremely challenging to fit a lot into the conforming portion. The design is sympathetic. They would like to have an attached garage. They would be able to maintain the existing curb cut and driveway. The lot is non-conforming in the front-yard and they look to maintain that. They did not create any other non-conformities. The proposal is under the allowable gross floor area. A Board Member, Nyles N. Barnert, clarified that none of the existing house is going to remain (Yes, the house is non-conforming. It would be hard to make any conforming use out of it). Mr. Barnert asked Town staff if the building was torn down would the grandfathered nature go away. Zoning administrator, Julie Krakauer, stated section 135-8.6 states any non-conforming structure which has been demolished without reconstruction shall lose its protected status after a period of two years. Since they are tearing the structure down and rebuilding it would maintain its protected status. Chair, Ralph D. Clifford, stated the applicant needs to be aware the clock starts ticking when the Special Permit is issued. If they tear it down they only have two years to get it back up before they lose that right. There were no further questions from the Board. Audience members, Sivananda Reddy and Emily Pellini of 9 Bridge Street, stated their support for the proposal. There were no further questions or comments from the audience. The Hearing was closed at 7:26 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 agreed this is an excellent design. There were no further 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 reconstruction 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 Lexington Zoning Board of Appeals Virtual, Via Zoom May 12, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1686 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) 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development Standards) to allow fast-food use in the CB zoning district. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan Waiver Request, Plans, and Gross Floor Area Calculations. Also submitted was Architectural Access Board Regulations and Seating 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 and Building Commissioner. Presenter: Walter Chan on behalf of Inspire Bowl and Tea The Hearing was opened at 7:28 pm. Mr. Chan presented the petition. He discussed his background in the restaurant business. He then discussed the store layout with the tables and chairs. He proposed 6 tables and 12 chairs. There is a parking lot behind the building that houses at least 60 parking spaces. There will be minimal impact on parking. Chair, Ralph D. Clifford, questioned if all other permits needed to open are in place (He applied for the buildout. He got the sign off for the electrical and the plumbing. The next steps are health, fire and the certificate of occupancy from the building department). Mr. Clifford stated if there are any major changes or permits required, the Special Permit is for the plan submitted so if there are any significant changes they may have to come back before the Board and seek an amendment. Mr. Chan stated the buildout is pretty much all done. A Board Member, Norman P. Cohen, questioned the hours of operation (Sunday through Thursday 8 am to 8 pm and Friday through Saturday 8 am to 9 pm). There were no further questions from the Board. Mr. Chan stated he likes Lexington as a community and thinks having the seating would serve a good purpose. The Hearing was closed at 7:37 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 on a two-year term. The Board discussed and agreed to make the hours of operation a condition. There were no further comments from the Board. The Board of appeals voted four (4) 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) to allow fast-food use in the CB zoning 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 Lexington Zoning Board of Appeals Virtual, Via Zoom May 12, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 400 Shire Way 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 and 135-7.3.3 (See the 2009 Zoning By-law 135-42F(4) and 135-12) to allow modification to a previously granted Special Permit dated January 24, 2008 and amended on September 24, 2020. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, Elevations and Gross Floor Area Calculations. Also submitted was Gross Floor Area Calculations, Acoustic Impact Opinion, Previously Granted Special Permits, and Amended Preliminary Site Development and Use 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, Conservation Administrator, Building Commissioners and Planning Department. Presenter: John Hart, SMMA and Michael Gray, Takeda Pharmaceutical Company Ltd. The Hearing was opened at 7:42 pm. Mike Gray, Takeda, gave a project overview. He stated they are seeking to enclose a space of open roof top of the route two side of the building. The addition is for the purpose of part storage for consolidation and management of spare parts. The design will be applicable with all requirements. There is no external equipment being installed on this addition, therefore there will be no sound impact to the site. He showed the plans. Mr. Hart described the site at 400 Shire Way. He stated the expansion is with the building limits. The building height is within the limits of the existing roof. There is no increase in impervious area. There is no increase demand in parking or traffic. There is no increase to sound levels. He showed the proposed plans. Chair, Ralph D. Clifford, questioned where the parts are stored now (Mr. Gray stated there are parts in some of the penthouse areas already. The challenges are consolidation, access and organization of the parts). There were no further questions from the Board. There were no questions or comments from the audience. Mr. Gray stated Takeda has a real need for this space. The Hearing was closed at 7:54 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 and 135-7.3.3 (See the 2009 Zoning By-law 135- 42F(4) and 135-12) to allow modification to a previously granted Special Permit dated January 24, 2008 and amended on September 24, 2020 (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 May 12, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Martha C. Wood and Associate James Osten Alternate Member: Kathryn Roy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the March 24, 2022 Hearing and the April 14, 2022 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from March 24, 2022 Hearing and the April 14, 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.