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HomeMy WebLinkAbout2022-10-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 27, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood and Associate Members Kathryn Roy and David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, 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 continued from the September 8, 2022 Hearing. Mr. Gilgun presented the petition. He stated they made meaningful modifications to the plans. The club met with the woman’s division to discuss the design of the woman’s locker room and it was their preference to preserve the lounge area that was on the original plan. The lounge area was reduced and they were able to add an additional 12 lockers. They added an additional toilet and shower. He showed what the locker room could be in the future resulting in 114 lockers for the woman by taking over the lounge. There could also be further increase in the number of lockers for woman in the basement. The next issue addressed the parking. In total there are 31 overflow spaces. With those spaces added the total comes to 93 parking spaces. Signs will be posted in the main parking lot directing members to the overflow area. The club will post “no parking” signs along Hill St. He showed a plan that indicated the exterior lights that will be illuminated after 11 pm. All of the lighting fixtures, expect for the ones around the Hill St entrance, face away from any neighboring properties. The architect has made modifications to the design of the club house. They included additional awnings surrounding the windows and door. There will be a color contrast, the club has decided to go with a primary gray color with accent white paints. A Board Member, Nyles N. Barnert, questioned how members would get from the main parking lot to the overflow parking lot (Mr. Gilgun stated they could walk across areas of the course but if they are driving they would need to go down Hill Street). Chair, Ralph D. Clifford, asked what the comparative size of the Men’s and Woman’s locker rooms is (Ralph Capploa, Main Street Architect at 25 Mathewson Dr Weymouth Ma, stated the Men’s is just over 200 and the maximum capacity for the Woman’s is about 114. Its about 50 percent expansion capability. If they felt the membership shifted dramatically there is the ability to accommodate that in the basement). Mr. Clifford questioned if the overflow parking spots are currently usable (Tim Williams, Allenn and Major Associates at 100 Commerce Way Woburn Ma, stated there is ample room for parking. Cars will need to park off of the paved surfaces. People will start to queue up next to each other, no stripping needs to be done). Mr. Clifford clarified that people will be parking half on paved area and half on grass and if there is there is any intent to make that more friendly (Tim Williams stated that’s correct. There is no plan at the moment but they can work on that with the club). Mr. Clifford stated its probably better to be pervious but it could be problematic on a rainy day. Having it easily usable the goal. A Board Member, Martha C. Wood, asked if there are plans to provide signage for the overflow parking in the overflow area (Mr. Gilgun stated the likely hood this area will be needed is small. A parking attendant could be stationed there). Associate Member, David Williams, stated his concern for parking. (Mr. Gilgun clarified the parking plan). Mr. Williams stated if they build it they will come and they didn’t do that. The Zoning Administrator, Julie Moore, stated the Bylaw states “as needed” in regards to parking for a golf club. She did some calculations as if it did not have this definition and the required parking spaces would be 96 and they are proposing 93 parking spaces. Deborah Fisher, 98 Outlook Drive Lexington Ma, stated after last Board of Appeals Hearing the Club Board members met with the woman’s division and showed the original design and shared the new proposed design. We appreciate that everyone is keeping an eye on the future. The interest in lockers is not in great demand. Most people live close to the golf course. Having a lounge is important. The number of lockers in this design well exceeds the demand. There was a concern for toilet facilities and that was increased. What they have done is responsive to their meeting and would meet future demand for a very long time. They will continue to pay attention to it. Mr. Gilgun stated even though there may be 40 women active golfers in the club only a fraction of them actually opt to have a locker. The locker rooms were discussed further. Mr. Gilgun stated the issue of the number of lockers is not a deterrent to any women expressing an interest I this club. There may be other factors as to why women don’t choose to apply for a membership but it’s certainly not because of the locker room facilities. The Lexington Golf Club is equal in its opportunity for women members to join as they are with men. There is no discrimination. The club stands prepared to accommodate an increase in demand for women lockers, that should address your concerns. The Hearing was closed at 7:40 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Kathryn Roy – Yes, Martha C. Wood – Yes, David Williams – Yes and Nyles N. Barnert – Yes). Mr. Clifford stated when he looked at the first set of plans he was shocked by the differential in the locker rooms, not just the lockers. The revised plan is less problematic. There is a very smart plan if things get tied up in the future. Going to unisex locker rooms may be a way the club never runs into any hard boundaries. Mr. Barnert stated he’s played golf before and the locker room is important. Associate Member, Kathryn Roy, stated the women prefer the lounge, she would vote for this proposal. A Board Member, Martha C. Wood, stated she was in favor, they have made progress. Mr. Clifford discussed conditions. He stated they need to make sure that the 23 spaces being promised are there. He suggested they condition it be clear where you park your car, it could be that hexagon plastic stuff that you can plant grass over or it could be gravel, it just needs to be clear where to park. He suggested the condition that the over flow signage in the overflow areas be clear to be reasonable certainty of the Building Commissioner. He also suggested a condition that “no parking” signs be placed along Hill Street. Mr. Clifford stated the applicant submitted a withdrawal without prejudice request for two Special Permits prior to the Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to withdraw without prejudice 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 (a roll call vote was taken: Ralph D. Clifford– Yes, Kathryn Roy – Yes, Martha C. Wood – Yes, David Williams – 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 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 (a roll call vote was taken: Ralph D. Clifford– Yes, Kathryn Roy – Yes, Martha C. Wood – Yes, David Williams – Yes and Nyles N. Barnert – Yes) with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 27, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 17 Augustus 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 a nonconforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Photographs, Letter from an Abutter, Plot Plan Showing Proposed Deck Versus Built Deck, Deck map Showing Setbacks and a Letter from the Applicant to the Board. 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 and the Building Commissioner. Presenter: Gurmit Grewal The Hearing was opened at 7:54 pm. Mr. Grewal presented the petition. He stated they planned this deck and started working on it in 2020. They learned there was wetlands near the property. They got approval from the Conservation Commission and they built the deck after several plan revisions. In the process the surveyor changed the plan and shortened the deck. They built the deck per the earlier version of the plans and the corner of the deck is encroaching in the setback. The post are conforming it is just the overhang. There were no questions or comments from the audience. A Board Member, Norman P. Cohen, questioned the letter from received from an abutter. Mr. Grewal stated one neighbor who he shares the boundary with submitted a letter. In the letter the neighbor stated the deck looks very good and has no complaints. The neighbor also told him he would complain if he came within 15 feet of his property line because that setback is for his property. The Hearing was closed at 8:00 pm (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Chair, Ralph D. Clifford, stated there is a little piece of the roof that extends into the setback that makes it a non-conforming structure. The 15 foot setback is not just for the neighbor. It is for safety reasons as well. 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 modification to a nonconforming structure. (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – 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 October 27, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 26 Curve 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 an increase in the nonconforming nature of a half-story. 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, Planning Department, Building Commissioner and the Historic District Commission. Presenter: Mark Salvati, attorney, on behalf of Christopher and Katherine Athens The Hearing was opened at 8:04 pm. Mr. Salvati presented the petition. He stated the owners have a growing family and would like to keep the property. The main non-conformity they are dealing with is the third floor which is currently at 45% of the second floor. They are proposing to have one dormer on each side of the roof. They will be reducing the total gross floor area by bringing up the basement floor. The increase will not have any adverse effects. A Board Member, Norman P. Cohen, stated the same property is going to have a hearing before Historic District Commission in November. He questioned if the Board could move forward without their approval. Mr. Salvati requested the Board approve the proposal conditioned on Historic District Commission approval. Chair, Ralph D. Clifford, stated there is a risk because if the Historic District Commission recommends any changes the proposal will need to come back to the Board of Appeals for a new full public hearing. Mr. Clifford questioned how the floor in basement going to be raised. Walter Russell, Home Sweet Home Builders at 24 Woodland Way Ayer Ma, stated the basement has a ceiling height of over 8 feet and has a partial dirt floor. The basement would do well with a new sub floor which would lower the ceiling height below the requirement. It would be a pressure treated fame on the existing slab. A Board Member, David Williams, questioned why they are not using concrete to raise the floor (Mr. Russell stated this is due to budget constraints). Mr. Clifford stated the concern that the floor would be easy to remove. Mr. Russell stated the plan is not to put something in to remove it. Mr. Clifford stated the Board needs to think of it 60 years from now. A Board Member, Martha C. Wood, stated her concern for the wood floor rotting (Mr. Russell stated in places where they are putting subfloor over dirt it would be spanning the dirt and slightly over it. They will be installing new footings in the basements). A Board Member, David G. Williams, questioned the cost difference of putting in concrete versus a wood floor (Mr. Russell stated 10 to 20 thousand dollar difference). Mr. Clifford again stated his concern about any floor in the basement that isn’t impossible to remove. Mr. Salvati stated the Board should consider how high up they have to go. A Board Member, Nyles N. Barnert, stated they passed a bylaw to limit massing but developers found this loophole. Floor area is more valuable above ground than below ground. They are going to make this building even bigger. To grant the Special Permit they have to say this is not detrimental to the community. He questioned how this was not detrimental. Mr. Salvati stated if they kept it the way that it is and finished the basement they would have more square footage. This is just to make storage space in the basement. They are not making the footprint bigger, it’s just dormers. There were no further questions from the Board. Christopher Athens, homeowner of 26 Curve St, stated this is a modest home and it is in need of repair. They are trying to make the home safe and make the square footage work for them. This is not a massive home they are building. There were no comments or questions from the audience. Mr. Salvati stated they are not taking advantage of the ceiling height in the basement. They are a couple who is trying to stay in their home. The hearing was closed at 8:24 pm (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). A Board Member, James Osten, stated the fact that they are making the modification to stay under the gross floor area he is in favor. He suggested a condition on the flooring in the basement. Ms. Wood stated the proposal is reasonable. Mr. Barnert stated he is opposed to subverting the intent of Town Meeting. Mr. Clifford stated this is a two-family house and is providing a way for a disabled member of the community to stay in the community. If it were a single family house he may feel differently about the proposal. Mr. Clifford discussed conditions. He proposed a condition that if the Historic District Commission requires any changes to the plan, the applicant will need to re-apply. Further, he proposed a condition that the basement floor needs to permanent to the reasonable satisfaction of Building Commissioner. Both were agreed to by the Board. There were no further comments from the Board. The Board of appeals voted four (4) in favor, one (1) 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 a nonconforming structure. (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – No). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 27, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, Norman P. Cohen and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the October 13, 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, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). The Board voted to adjourn (a role call was taken: Ralph D. Clifford– Yes, James Osten – Yes, Martha C. Wood – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes).