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HomeMy WebLinkAbout2022-07-14-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 14, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: James Osten Administrative Staff: Jim Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 393 Lincoln St The petitioner is requesting a SPECIAL PERMIT section(s) 135-9.4 and 135-4.3.4 to allow an 8' 8" combined retaining wall and fence to be located 0 (zero) feet from the property line instead of the required 8' 8” and SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington to allow 70 yards of fill to be placed on premises rather than the maximum permitted (25 cubic yards). The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, and Photographs. Also submitted was an email confirmation form applicant regarding wall height. 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, Planning Department and Select Board Office. The applicant submitted a postponement request on July 12, 2022 to postpone to August 11, 2022. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a postponement to August 11, 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). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 14, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: James Osten Administrative Staff: Building Commissioner, Jim Kelly and Sharon Coffey, Administrative Clerk Address: 4 Maguire Road The petitioner is requesting TWO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.2.4, 135-5.2.10 and 135- 5.2.8.1 to allow a wall sign to be larger than otherwise allowed and internally illuminated. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan and floor plans. Also submitted with application was a letter from the Design Advisory Committee. 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 f rom the Zoning Administrator. Presenter: John Peterson on behalf of KSQ Therapeutics The Hearing was opened at 7:08 pm. Mr. Peterson presented the petition. He showed the sign plan. The sign is about 25 square feet and is halo lit. They have the ability to dim the lighting. It will only be on for a couple of hours at night. They discussed with the Design Advisory Committee and they changed the design to their recommendations. The Board questioned hours of illumination (During business hours. They will be turned on around 6 or 7 am and off before 8 pm). Board Member, Jeanne K. Krieger, questioned if a lighting condition would be acceptable (Yes). There were no further questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:12 (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 on a condition of lighting between the hours of 6 am and 8 pm. 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 TWO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.2.4, 135-5.2.10 and 135-5.2.8.1 to allow a wall sign to be larger than otherwise allowed and internally illuminated (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 July 14, 2022 Board Members: Acting Chair –Jeanne K. Krieger, Nyles Barnert, Martha C. Wood, Associate Member James Osten and Associate member Beth Masterman Administrative Staff: Building Commissioner, Jim Kelly and Sharon Coffey, Administrative Clerk Address: 1761 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, 135-5.4.6.2 and 135-5.4.4.2 to allow illumination above and beyond the allowable .5-foot candle at the lot line and to allow light trespass onto abutting properties and Massachusetts Ave. The petitioner submitted the following information with the application: Nature and Justification Plot Plan and floor 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 Administrator, Building Commissioners, Planning Department Select Board Office, Police Department and Engineering Department. Presenter: Amanda Johnson on behalf of HARVARD TRUST CO BANK OF AMERICA The Hearing was opened at 7:18 pm. Board Members Ralph D. Clifford and Norman P. Cohan recused themselves. Associate Members Beth Masterman and James Osten joined as voting members. Amanda Johnson presented the petition. Ms. Johnson stated the bank is looking to add to four lights along Mass Ave and one light in the back of the building to increase the light levels for safety and pedestrian access. She reviewed the site location along with the existing and proposed lighting plan. She showed the existing and proposed photometrics plan. A Board Member, Nyles N. Barnert, stated the Bank has been around a long time. He questioned if something had changed that made the current lighting not adequate (The Bank has been prioritizing lighting levels throughout the Country. The lighting levels are low and this is for safety). Mr. Barnert asked if they met with the Historic District Commission (They have approved this). Acting Chair, Jeanne K. Krieger, clarified that the lights will be on all night and not on a motion detector (That is correct). Mr. Barnert questioned if they are aware of the new street scape lighting and if that will make a difference in this plan (Even though there would be new lighting the Bank would like to have the lighting as part of their building as a safety feature). Ms. Krieger stated the engineering department has reviewed this and if they felt there was a conflict or that the street lights would be adequate they could have commented to that effect. There no further questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:29 pm (a role call was taken: Jeanne K. Krieger – Yes, Beth Masterman– Yes, Martha C. Wood – Yes, James Osten – 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, 135-5.4.6.2 and 135-5.4.4.2 to allow illumination above and beyond the allowable .5 foot candle at the lot line and to allow light trespass onto abutting properties and Massachusetts Ave (a role call was taken: Jeanne K. Krieger – Yes, Beth Masterman– Yes, Martha C. Wood – Yes, James Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 9, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles Barnert and Martha C. Wood Alternate Member: James Osten Administrative Staff: Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Review of Zoning Board of Appeals Bylaw Chair, Ralph D. Clifford stated our Zoning Board of Appeals Bylaws are out of date and its time to review them and make them applicable to what we are doing currently. It would be good to have volunteers to work through the bylaw. The Board discussed further and members volunteered. 2. Minutes from the May 12, 2022 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from May 12, 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). 3. Minutes from the June 9, 2022 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from June 9, 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.