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HomeMy WebLinkAbout2023-05-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom May 25, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, and Associate Members Beth Masterman and Kathryn Roy Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 522 Lowell St 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 135-6.7.6 to allow modification to a previously granted Special Permit dated September 27, 2007. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, a Plot Plan, Gross Floor Area Calculations and a Previously Granted Special Permit. 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 the Planning Department. The Hearing was opened at 7:04 pm Presenter: Joshua Kelly on behalf of Ventakesh Mohanraj and Roshni Jagadeesan Joshua Kelly presented the petition. He stated they plan to modify the existing Special Permit by swapping the accessory apartment and the primary residents. In the future they would add an addition. He explained the plan in further detail. Chair, Ralph D. Clifford, questioned if the gross floor area for the new set up accessory apartment is within the bylaw (It is). Mr. Kelly stated there is a limitation on the previous Special Permit for family members and they would like that to be removed. Associate Member, Kathryn Roy, questioned parking (The driveway was explained. There is adequate parking for both units). Alternate Member David Williams stated the front is not very pleasant. They need a better plan (They are not increasing the demand of parking. The apartment is not increasing in bedroom size). Mr. Williams stated they need a parking plan and a landscape plan. He then questioned if this would be for long term tenants (Yes, long term tenants). Mr. Clifford stated there is a shed on the plot plan that is not in the right place. (It is just over the property line). Mr. Clifford questioned if it would be a problem if the Board put a condition that the shed be properly placed (don’t believe so). An audience member, Renen Bassik and Jan Yoepp of 518 Lowell Street, stated their concern for parking, there is no space for additional parking to be added. Also, by removing the family requirement it is becoming a two family. There is a lot of activity and not a lot of control. Mr. Kelly stated there is no need for additional parking. An audience member, Gansheng Ou 524 Lowell Street, stated right now it looks like they rent out the home in the front part. He stated his concern for debris in the backyard and noise. He questioned when the project will begin (This year). Homeowner of 522 Lowell Street, Ventakesh Mohanraj, stated they never had noise problems. They will clean up the debris. There were no further questions or comments from the audience. A Board Member, Nyles N. Barnert, questioned the parking (There is plenty of room for parking. The plot plan was showed and explained parking). The parking was further discussed. Associate Member, Beth Masterman, questioned how essential it is that the family only restriction be waived. Mr. Mohanrai stated the idea is to bring their parents here but also have flexibility long term. The Hearing was closed at 7:41 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Martha C. Wood – Yes, Beth Masterman – Yes, Kathryn Roy – Yes and Nyles N. Barnert – Yes). Mr. Clifford stated the bylaw does not require it to be limited to family members, there is no reason as to why the Board could not impose a condition on the type of lease. The Board discussed and agreed to remove the condition of family only if there was a condition that the accessory apartment was long term rented. Mr. Clifford stated the shed needs to be moved. The Board needs to discuss whether parking plans or landscaping are necessary. Mr. Williams stated his concern for the landscaping and parking. There should not be parking within five feet and there is no curb appeal. Mr. Barnert suggested a condition to screening and to make sure there is no parking in the 5- foot setback. A Board Member, Martha Wood, stated the parking is an issue. Ms. Roy stated she does not have concerns about parking and she stated her concern for a professional plan increasing the cost of construction. She stated she would allow it to proceed as is removing the condition about family. Mr. Clifford stated he is not convinced a landscape plan is needed. It would be possible to put something together to make sure the driveways are properly placed and are not too wide and to provide reasonable screening for both the street and neighbors. Building Commissioner, Jim Kelly, stated he can successfully work with this decision. Mr. Clifford suggested the Board condition the shed be removed from its current location and placed properly, landscape and parking plan providing appropriate screening to the reasonable approval of the building commissioner, and leases need to be for a year or longer. Mr. Williams questioned trash removal. Mr. Clifford stated the Board doesn’t want to over step bounds. We have a health department for that reason. 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 135-6.7.6 to allow modification to a previously granted Special Permit dated September 27, 2007 (a roll call vote was taken: Ralph D. Clifford– Yes, Martha C. Wood – Yes, Beth Masterman – Yes, Kathryn Roy – Yes and Nyles N. Barnert – Yes) with the conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom May 25, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, and Associate Members Beth Masterman and Kathryn Roy Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 141 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT RENEWAL 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 and J.1.03 to continue to operate a Dunkin Donuts take out and fast food service outside of the allowed hours in the CRS Zoning District. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans and a Plot Plan Waiver Request. 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 the Planning Department. The Hearing was opened at 7:58 pm Presenter: Stephanie Allen on behalf of Allco Donuts Stephanie Allen presented the petition. She stated they have been in operation for 22 years. There was a lag in the renewal but it is in digital calendar to make sure that doesn’t happen. A Board Member, David Williams, questioned the hours of operation (5:30 am-10 pm five days a week but they currently close at 8 pm). Chair, Ralph D. Clifford, stated his concern for trash in the parking lot (They had a trash barrel outside on the walkway but someone complained because it was not ADA accessible. The barrel blocked the walkway. It has been located into the vestibule. The managers do travel paths and pick up the trash. They are working on getting them out every hour). Mr. Clifford stated it is a condition on the permit to have an outside receptacle. Ms. Allen showed pictures of the walkway and accessibility ramp. The barrels have to be heavy and wide so they don’t blow over and was making an accessibility issue. They did put bids out to see if they have a narrower barrel that are heavy. Mr. Clifford asked if they could use a wall mounted barrel (The building is glass. They can get together with the other restaurants to help with this concern). Mr. Williams questioned the time of deliveries (The doughnut guy comes around 5 am). There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 8:06 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Martha C. Wood – Yes, Beth Masterman – Yes, Kathryn Roy – Yes and Nyles N. Barnert – Yes). Mr. Clifford suggested to propose a condition to change the time to 530 am to 8 pm7 days a week. The trash container is a current condition on the permit so it would have to be removed if the Board no longer requires it. A Board Member, Martha C. Wood, stated what they have done is the best solution. The Board doesn’t want to limit accessibility. Mr. Clifford suggested the conditions of a 5-year approval, hours of operation 530 am-8 pm 7 days a week, trash receptacle so it shall be provided in a place that is easily available to patrons and all other standard conditions. 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 roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – 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 SPECIAL PERMIT RENEWAL 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 and J.1.03 to continue to operate a Dunkin Donuts take out and fast food service outside of the allowed hours in the CRS Zoning District (a roll call vote was taken: Ralph D. Clifford– Yes, Martha C. Wood – Yes, Beth Masterman – Yes, Kathryn Roy – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom May 25, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, and Associate Members Beth Masterman and Kathryn Roy Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 182 Bedford 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 and135-3.4 Table 1 (permitted Uses and Development Standards Line J.1.02. to allow fast-food use in the CN zoning district. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans and a Plot Plan Waiver Request. 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 the Planning Department. The Hearing was opened at 8:13 pm The applicant submitted a request to continue to June 8, 2023 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to the June 8, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Martha C. Wood – Yes, Beth Masterman – Yes, Kathryn Roy – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom May 25, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Martha C. Wood, and Associate Members Beth Masterman and Kathryn Roy Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Other Business: 1. New Appointed Associate Board Members Mr. Clifford stated the Select Board has approved two new Associate Members to join the Board of Appeals, Scott Cooper and Patricia Nelson. 2. Minutes from the March 23, 2023, April 13, 2023 and April 27, 2023 Hearing The Board of appeals voted five (4) in favor, zero (0) opposed, and one (1) in abstention to approved the minutes from March 23, 2023 Hearing, April 13, 2023 Hearing and April 27, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Martha C. Wood – Yes, Beth Masterman – Yes, Kathryn Roy – Yes and Nyles N. Barnert – Yes).