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HomeMy WebLinkAbout2022-09-09-ZBA-minMinutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom September 9, 2022 Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Nyles Barnert, Martha C. Wood and Kathryn Roy Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 55 Hill Street The petitioner is requesting TWO (2) SPECIAL PERMIT MODIFICATIONS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-8.2.1 to modify a Special Permit dated November 18, 1993 to extend a preexisting non-conforming use and 135- 5.3.14 to modify a transition area screening planting Special Permit dated November 18, 1993, and for TWO SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-8.3 to allow for modification to non-conforming structure and section(s) 135-5.1.14, 135-5.1.4 to waive the minimum parking spaces as per 5.1.4. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, Elevations, Gross Floor Area Calculations and Floor Plans. Also submitted was the previously granted Special Permit, Furniture 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, Conservation Administrator, Engineering Department, Planning Department and Select Board Office. Presenter: Fredrick Gilgun, attorney, on behalf of Lexington Golf Club The Hearing was opened at 7:04 pm. Mr. Gilgun, Nicholson Sreter & Gilgun at 33 Bedford Street, presented the petition. He stated the applicant proposes to raze the one-story club house and construct a new two-story club house. Much of the infrastructure is outdated. This is the final iterations of plans that have undergone substantial moderations at request by the Planning staff, the design review team, the design advisory committee, the Building Commissioner and the Zoning Administrator. The new club house will enhance the number of amenities, increase functionality of the kitchen and will offer beautiful views from the second floor of the golf course. The new club house will include energy improvements, state of the art fire protection, be ADA compliant and comply with the current building code regulations. The project will improve the drainage from the site. The club house will be more aesthetically pleasing and increase tax revenue for the Town. Mr. Gilgun discussed the history of the golf club and its contributions to the Town of Lexington. He reviewed the requested reliefs. Tim Williams, Allenn and Major Associates at 100 Commerce Way Woburn, stated the golf course is 66 acres and they will be disturbing less than an acre. He showed existing conditions and proposed conditions. They are going to raze the existing one-story building and build a two- story building. They will be adding an elevator that will be used to accommodate ADA accessibility. They will reconstruction portions of the parking lot and re-grade it to allow for less than 2% from the three handicap parking spots into the accessible entrance. They are adding an 8-foot wide crosswalk across both curb cuts and the parking lot will be one way movement. The proposed parking lot will have 62 parking spots. They did go before the Conservation Commission and received a negative determination of applicability. With the reconstruction of the parking lot they are to incorporate a closed drainage system. Utilities will be upgraded. The landscaping plan has been discussed at length, the intent is to maintain all the existing trees around the parking lot and all the landscape around the building will be foundation plantings with additional screening around Hill Street. He discussed the photometrics plan. Ralph Capploa, Main Street Architects at 25 Mathewson Dr Weymouth, stated the site is unique in which there is limited area the building could be expanded. The second floor faces the golf course and the Hill Street side is a one-story building, they tried to keep the scale of the building down on that side. He then showed and discussed the renderings. A Board Member, Nyles N. Barnert, questioned why they need to take the tree down on Hill Street (Tim Williams stated the branches hang over the building. They need to remove the tree to put the second story on, it won’t survive and the roots will be compromised). Associate Member, Kathryn Roy, stated another committee suggested the parking be on an angle. She asked why that was not done (Tim Williams stated that was only a suggestion. The problem is they lose a parking spot and it pushed parking into the drive isle. It would not work for the site. They added signage to address this). A Board Member, Jeanne K. Krieger, questioned the hours of operation (Mike McNabb, a Board of Governor at 11 Cutler Farm Road Lexington, stated the hours of operation are 7 am to 11 pm). Mr. Gilgun stated the course opens at 7 o’clock but the dining facility opens at 11 am. Henry Liu, at 18 Belfry Terrace Lexington, stated even though the liquor license allows them to go till midnight the kitchen shuts down around 8 or 9 pm. Ms. Krieger questioned how long the lights are on for (Mr. McNabb stated the lights attached to the building are on if somebody is there). Ms. Krieger questioned the energy improvements. She asked if there will be heat pumps for the HVAC so this essentially will be a fossil fuel free building (Mr. Capploa stated that is what they are trying to do. The kitchen requires gas. It is currently on propane so they would keep that but everything else will be all electric). Alternate Board Member, David Williams, asked if the club has any private functions (Mr. McNabb stated the club does not host and does not plan to host any private functions). Mr. Gilgun stated the club does host the rotary lunches on Mondays but that is at a time that the course is closed. Mr. McNabb stated when there are events, unless you’re registered, you’re not supposed to be on the property. Mr. Liu stated the bylaw does allow for private functions but it has to be approved by the Board. Mr. Barnert asked in the winter, when there is no golf, is the restaurant going to be open for lunch and dinner (Mr. McNabb stated there would have to be enough volume. In the winter time there is very little use there. They have had the opportunity to look at how much volume is going through. The course has always been at 60-70% at capacity). Chair, Ralph D. Clifford, stated parking is a major concern. He stated Mr. McNabb indicated there were 75 people at the club at one point. He questioned where all the cars were parked (Mr. McNabb stated that was not what he said. He stated by viewing the log-in sheets, the historic usage has been between 60-70% of available time slots to play). Mr. Clifford questioned how many people come to the rotary event on Mondays (Mr. McNabb stated he’s not sure but he doesn’t believe he referenced 75 people). Mr. Clifford questioned the pro shop (Mr. McNabb described the pro shop). Mr. Clifford stated he is not against the overall concept of expanding the golf club but he has qualms with how it’s being done. The design is like its turning its back on its neighborhood. The oak tree is probably 250 years old, what is going to replace it is a utility function of having an electrical transformer. The folks that live in the houses across the street get a view of a building that looks like a commercial warehouse. Not sure that is an appropriate balance of the hardship to the community versus the advantage of your proposals. Mr. Clifford questioned if it was a men’s only club (Mr. Gilgun stated no). Mr. Clifford questioned why the women’s locker room was so small (Mr. Gilgun stated it is based on the historic use of the locker room facilities as well as the number of men versus female members. There were several female members that were part of the planning committee that contributed their concerns about locker room facilities. This is more than adequate to accommodate the needs of the female members). Mr. Clifford that is the same argument that the universities made when section 9 was adopted. Then an amazing thing happened. They were forced to have the facilities for them and the women were very much interested in participating in sports such as golf. Mr. Clifford stated he would vote this proposal down with this space between the men’s and women’s locker room. Mr. Gilgun questioned what impact that has on the neighborhood. Mr. Clifford stated the impact is on the community of Lexington because it is a facility that is being allowed to develop in a way that discriminates against at least half of the citizens. Mr. Gilgun stated that is an unfair characterization. The Board and the golf course team discussed the locker rooms further. They also discussed the wait list and the number of current members. David Williams stated the building appears to be painted white and the white building stands out more from the neighbor’s side on Hill Street. He asked if they would be willing to paint it a darker color (Mr. McNabb stated if that becomes an issue they are willing to look at another color scheme). An audience member, Steven McDevitt at 77 Hill Street Lexington, stated the golf club has been a wonderful neighbor. He likes the design and it fits into the neighborhood. There has been a lot of changes of Hill Street the last couple of years with the addition of the sidewalk and the wall, which made Hill Street a more walkable street. He stated his concern for parking. Before the sidewalk was put in people could park on the edge of the street and not impede on traffic. With the increase of square footage by about 50% and the increase in the dinning lounge area if you use the normal zoning regulations for a restaurant that would require 72 parking spots. There is no overflow parking. There is a small pull out area that is used. People park on Diane and Milk St. If you are building a space to seat 218 people and you also have groups out on the course, you exceed the 62 parking spots. It is not a normal establishment. He stated he is in favor of the proposal as long as the parking can be addressed. Mr. Liu stated there is a paved area around the barn for busy events. He is not aware of any members parking on Diana. The busiest event is when there is a shotgun tournament, which is a total of 64 players. The pull out loop could accommodate that assuming everyone takes their own car. He then discussed members and peak times. Mr. McDevitt stated Mr. Liu just described the issue. They are creating a gathering space for members to hang out before or after golfing. The current 62 parking spots does not meet the requirement. Mr. Liu stated during the highest use, the shotgun event, the food establishment is dedicated to that event so outside dinners are not allowed. There were no further questions or comments from the audience. The Board agreed they would not vote for the proposal as presented. Ms. Krieger stated her concern for parking and she would like to see more accommodations for women. She would also like to have a limit for the lights be related to hours of operation. Mr. Barnert agreed with Ms. Krieger. He stated there is probably room for the extra cars but they need to show where that would be in the plan. A Board Member, Martha C. Wood, agreed with Ms. Krieger and Mr. Barnert. She suggested no parking signs along the street. She would like the color of the building to blend with the landscape better and stated the facilities for men and woman have to be equal. Ms. Roy stated she agrees with the other Board Members on parking. She stated her concern for the accommodations for women, a plan that would allow for adjustments in the future would be great. Mr. Clifford stated he agrees with the other Board Members on the parking. He is unsure of what that parking number is, the applicant can help us with that by being more precise with what the real load is going to be. Using an overflow parking system might make a lot of sense. He stated his concern for the white paint. Make it look like something that would be in a residential neighborhood, a lot of that can be done with paint. There needs to be balance on the men’s and women’s locker room. The balance can be flexible. These are all achievable. Ms. McNabb stated there are 175 regular members. Of those 175 there are only 7 women. On the limited list there are 75 members and only 4 of those members are woman. To think about creating a 50/50 split in terms of facilities is not a match to reality. They want to be accommodative to the concerns but maybe there is a way they can put some additional toilets and lockers in there. There are 4 lockers with name plates on them out of a lot more. They need guidance from the Board. Mr. Clifford stated the course is looking at this as right now but the Board is looking at this property use for the next 100 years in Town. When the Board grants a Special Permit or a Variance they last forever. It’s a matter of where this club will be a 100 years from now. The applicant requested guidance from the Board for clarification of what equal means. Mr. Clifford stated they can give guidance and say what they say in the current plan that does not work but they cannot be the designer. This system works really well. Almost always the revised plans get approved. The exception to that is when the applicant has decided to withdraw the request. This process works. The applicant agreed to continue to October 27, 2022. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to continue the hearing to October 27, 2022 (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Martha C. Wood – Yes, Kathryn Roy – 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, Nyles Barnert, Martha C. Wood and Kathryn Roy Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. 682 Marrett Rd: Request for extension pf a previously granted special permit Presenter: Ramanathan Mahalingam The Hearing was opened at 8:36 pm. Ramanathan Mahalingam, homeowner of 682 Marrett Road, presented a slideshow which showed the previously approved plans. He stated he bought the property on august first of this year and has had no time to start construction. They will be using the plans as they were submitted back in 2019. They request a 12 months which will give them enough time. A Board Member, Martha C. Wood, questioned what they would use the apartment for (They have applied for this for their in-laws to come to the U.S and they will be arriving next week. This would be a good space for them to live). Ms. Wood stated this is on the second floor. She questioned if they have considered making it accessible (Yes, they have. They intent to stay there for the rest of their lives. They understand they will have to find a way to make this more accessible but even this availability for this option goes a long). There were no further questions from the Board. There were no questions or comments from the audience. Chair, Ralph D. Clifford, stated this extension is for a single year and this is a final extension, it cannot be extended again. The Board agreed. There were no further comments from the Board. The Hearing was closed at 8:45 pm (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Martha C. Wood – Yes, Kathryn Roy – 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 request for a 12-month extension of a previously granted special permits (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Martha C. Wood – Yes, Kathryn Roy – Yes, and Nyles N. Barnert – Yes). 2. Discussion of Zoning Board of Appeals Bylaw Chair, Ralph D. Clifford, stated by having the discussion about making changes to the operating bylaw in the Lexington Bylaws the Open Meeting Law applied. He stated he is working with staff to get this going and it has not gone away. The Board voted to adjourn (a role call was taken: Ralph D. Clifford – Yes, Jeanne K. Krieger – Yes, Martha C. Wood – Yes, Kathryn Roy – Yes, and Nyles N. Barnert – Yes).