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HomeMy WebLinkAbout2023-06-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 8, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 71 Woburn Street The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) 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, Floor Plans, Plot Plan, Elevations and Gross Floor Area Calculations. Also submitted was the Historical Commission Decision. 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 Commissioner, the Planning Department, and the Engineering Department. The applicant submitted a request to withdraw without prejudice. There were no questions or comments from the Board. There were no questions or comments from the audience. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 8, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore 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 on the May 25, 2023 Hearing. Presenter: Weerasak Khamsri on behalf of Kin Dee Thai & Pho Mr. Khamsri presented the petition. He stated this a request for a Special Permit to put some tables in the restaurant. He showed the existing and proposed plans. They will be adding an accessible bathroom. A Board Member, Nyles N. Barnert, questioned the hours of operation (11 am to 9 pm on weekdays and 11 am to 9:30 pm on weekends). There were no further questions from the Board. There were no questions or comments from the audience. Mr. Khamsri stated the customers are asking for dine in. The Hearing was closed at 7:08 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Chair, Ralph D. Clifford, suggested the standard conditions, a condition on the hours of operation and the Special Permit will expire in two years. The Board agreed on the conditions 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 waiver for a certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – 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 and135-3.4 Table 1 (permitted Uses and Development Standards Line J.1.02. to allow fast-food use in the CN zoning district (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes) with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 8, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 573 Lowell Street The petitioner is requesting 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 an expanded accessory apartment. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Plot Plan Waiver Request, 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, Building Commissioner, and the Planning Department. The Hearing was opened at 7:11 pm. Presenter: Joanne and Daniel Tringale Ms. Tringale presented the petition. She reviewed the existing and proposed floor plan. A Board Member, Martha Wood, questioned the deck with no railings (They are in the process of finishing the deck). A Board Member, Nyles N. Barnert, questioned what colonial hardwood flooring company was and if the business was run out the residence (Mr. Tringale stated this his company. He has an office at his house where he answers the phone but equipment and polyurethane are stored on the job). Alternate Member, David Williams, questioned the intention for the apartment use (Long term tenants). Mr. Williams questioned the square footage of the apartment (1,429 square feet. They are only using 25% of the square footage of the home). The short-term rental bylaw was clarified. Chair, Ralph D. Clifford, stated his concern for cars backing out onto Lowell St. The house is about 50 feet from the side lot line, he questioned the width of the row of rocks and edge of driveway (About 8 ft of space. There is plenty of space to get out of the car). There were no further questions from the Board. There were no questions or comments from the audience. Mr. Tringale stated taxes rose and the apartment would help to offset that so they can stay. The hearing was closed at 7:29 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – 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 waiver for a certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – 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 135-6.7.6 to allow an expanded accessory apartment (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 8, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 0 Vine Street The petitioner is requesting an APPEAL OF A DETERMINATION OF THE ZONING ADMINISTRATOR, DATED APRIL 11, 2023 in accordance Chapter 135 of the Code of the Town of Lexington, Zoning Bylaw, (“Bylaw”) § 135-9.2.2.3. The petitioner submitted the following information with the application: Nature and Justification, Photographs, Plot Plan, Direction for Stand Alone Frame, Screencapture of the Cimarron Sports website, Batting Cage Letter from Manufacturer, Impulse Noise Research Article, Objection Letter, and Noise Study. Staff uploaded to the application abutter letters of support, a Letter from the Conservation Director, Zoning Enforcemener Request, Land Taking, Zoning Administrators Determination, 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 Commissioner, Conservation Director and the Planning Department. The Hearing was opened at 7:38 pm. On June 8, 2023 the applicant submitted a request to continue to June 22, 2023. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to the June 22, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 8, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk The Board voted to adjourn.