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HomeMy WebLinkAbout2023-06-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 22, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman 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 the June 8, 2023 Hearing. Chair, Ralph D. Clifford, stated when he reviewed the material it became clear the Board needs to figure out whether there is an appeal and if so the Board would move to the merits. Mr. Clifford stated there potentially is not an appeal because the request made on March 28 is a request to amend a prior letter of enforcement, and that is simply not an appeal. The decision that the Zoning Administrator made was that they can’t amend a prior application, particularly not after it has been decided. The Board needs to decide if they have jurisdiction to hear this tonight. Applicant, Philip Poser, stated this matter is already a matter pending in land court. The request to amend the determination was made before there was any discussion. The issue of the use of this property could have been decided at the last Hearing but the Board decided not to. The Board has the opportunity to review the facts, review the law and dispose of this matter in a manner that is consistent with the bylaw and public interest. He stated his client’s property is immediately abutting where this object has been placed and he is actively trying to find a buyer. The batting cage has been used and they are prepared to prove it is in violation of the noise ordinance. Mr. Clifford stated the March 28, 2023 letter re-indicates that it is seeking an amended request for enforcement. He questioned if there was any procedure in the bylaw to amend a request for enforcement (There is no specific procedure. Common sense dictates that the matter could have been considered as a new request or as an amended request). A Board Member, Martha C. Wood, stated the noise bylaw does not come before the Zoning Board of Appeals. Mr. Clifford stated there has been refence to noise but that is on the merits. This should be dismissed; the Board does not have a decision of a Zoning Administrator as it was a request to amend and the Zoning Administrator said they can’t amend. Mr. Clifford stated he doesn’t think there is a decision and without a decision there can’t be an appeal under that statues. There were no questions or comments from the audience regarding the Boards ability to make the decision. There were no further questions from the Board. Mr. Posner stated he received a communication from the Zoning Administrator regarding the request that was made and it stated ‘denied”. It did not clarify. The Board has an opportunity to take action that is consistent with the Towns bylaw. The Hearing was closed at 7:18 pm (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– No, Beth Masterman – No, Martha C. Wood – No, and Nyles N. Barnert – No). Mr. Clifford stated it is important the Board not exercise powers they don’t have. The Board has the power to review decisions of the Zoning Administrator in an enforcement request and that is not what is before the Board. There were no further comments from the Board. The Board of appeals voted zero (0) in favor, five (5) opposed, and zero (0) in abstention that the Board has jurisdiction regarding an APPEAL OF THE ZONING ADMINISTRATOR DETERMINIATION DATED April 11, 2023 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.3 regarding a 'batting cage' (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– No, Beth Masterman – No, Martha C. Wood – No, and Nyles N. Barnert – No). Having found the Board does not have jurisdiction, the Appeal was DISMISSED without prejudice. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 22, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 214 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 and 135-8.4.2 to allow modification to non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plan, Elevations, Gross Floor Area Calculations, Tree Mitigation Letter and Abutter Letters. 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 Historical Commission. The Hearing was opened at 7:20 pm Presenter: Kathleen Dalton Ms. Dalton presented the petition. She stated she has a garage that is not safe and does not fit a modern car. She shared the proposal. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:26 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes, and Nyles N. Barnert – Yes). The Board discussed and agreed this was a good proposal. 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 non-conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes, and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 22, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 611 Massachusetts Avenue The petitioner is requesting THREE (3) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-8.4.2 and 135-4.1.1 Table 2, Schedule of Dimensional Controls to allow height and site coverage greater than otherwise allowed for a residential dwelling reconstruction, and to allow a third story. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plan, Elevations, Gross Floor Area Calculations, Degraded Riverfront Area Analysis, and Civil Engineer Site Plan. 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, Historic Districts Commission and the Planning Department. The Hearing was opened at 7:28 pm Presenter: Colin Smith Mr. Smith presented the proposal. He stated this project is to reconstruction a Historic two- family home. They were undergoing an extensive reconstruction of the property and there was a catastrophic collapse of the back wall of the foundation and the entire backside of the house. This led to a very unsafe situation. They had to demolish the structure with the idea that they would create a new structure to match what was there with some improvements. He then shared the proposed project. A Board Member, Nyles N. Barnert, questioned the height change (This was a ripple effect. They are limited by the water table and to be code compliant in terms of head room so each floor got higher). Alternate Member, David Williams, asked how they are going to utilize the granite that is on site (The granite on site will be saved and reused on the new foundation, that is all they could salvage). Mr. Williams questioned if there is a basement (Yes). There were no further questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:42 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – 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 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 non-conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes, and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 22, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 60 Bedford Street 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 Developmental Standards), Table 1, Lines J.1.02 and J.1.03 to allow fast food use and take-out food use during hours not otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Plot Plan Waiver Request 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 Building Commissioner. The Hearing was opened at 7:44 pm. Presenter: Jandi Gamboa on behalf of Starbucks cooperation Ms. Gamboa presented the petition. She stated this is renewal of an existing Special Permit. They open at 5 am. Nothing has changed. There were no questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:47 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes, and Nyles N. Barnert – Yes). The Board agreed to the conditions on the previously granted Special Permit and this Special Permit will expire in 5 years. 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, Beth Masterman – 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 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 Developmental Standards), Table 1, Lines J.1.02 and J.1.03 to allow fast food use and take-out food use during hours not otherwise allowed (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Beth Masterman – Yes, Martha C. Wood – Yes, and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 22, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk The Board voted to adjourn.