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HomeMy WebLinkAbout2023-08-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 24, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Scott Cooper Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 13 Donald Street The petitioner is requesting TWO (2) SPECIAL PERMITS and a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2, 135-6.7.6, and 135-9.2.2.2 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow modification of a nonconforming structure, to allow an expanded accessory apartment, and to allow a side yard setback to be less than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, topographical map, Elevations, Plot Pan, Gross Floor Area Calculations, a Letter from Medical Provider, an Abutter Letter and a PHA Document. 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 and the Building Commissioner. The Hearing was opened at 7:11 pm Presenter: Savik Kinger Mr. Kinger presented the petition. He stated they are proposing a remodel and addition to the second floor. This proposal is primarily for his younger adult brother who has special needs on account of his disability. He requires his own space to teach independent living skills that can be done in a safe and supervised manner. He described the proposal and floor plan. A Board Member, James A. Osten, questioned why they needed the Variance for 9 feet instead of just making it 10 feet (They would not be able to meet the regulations set forth by the Health Department). Mr. Osten asked for a detailed description of the entrances, exits and connection to the house (The floor plan was further reviewed). Associate Member, Scott Cooper, questioned if they received a letter of support from the neighbor on the left (Yes). A Board Member, Nyles N. Barnert, stated besides the accessory apartment it looks like they moved into the setback for the master bedroom and the family room. He questioned the justification for that (They intend to have the house flat and uniform). There were no further questions from the Board. Mr. Kinger stated they have been living in Lexington for 13 years. They are doing this process to provide his brother living space so that he can spend time in a familiar environment. There is a non-conforming shed that was built in 2017. An audience member, Leonard Morse-Fortier at 20 Bernard St, stated he is a neighbor and a parent of a child with special needs. He stated his support for the proposal. There were no further questions or comments from the audience. The Hearing was closed at 7:31 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Scott Cooper – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Chair, Ralph D. Clifford, sated there is nothing in our Zoning Bylaw that allows for this and Variances are tricky. There is nothing in the proposal that fits within the normal rules of a Variance. Both Massachusetts Statutory Law and Federal Statutory Law require reasonable accommodations for disabilities. Things like handicap access ramps have to be allowed even if they are in the setback, but this is not an access ramp. It is a permanent change to the building. Mr. Barnert stated he sees no reason they can’t stay outside the setback for the family room and master bedroom. That has nothing to do with the ADA. Mr. Osten stated they could the same construction with a 10-foot setback. He stated at Town Meeting they passed very extensive re-zoning for multi-family units and apartment buildings, that would have him more in favor of giving them a variance for the accessory apartment. Mr. Cooper this is something as a community they would like to do. To some extent the Federal Law trumps the Local Law in this situation. He stated he is in favor of the proposal. Mr. Clifford stated the Boards obligation is first to determine if there is a disability and the letter form the doctor establishes that. The second is whether or not the requested accommodation is a reasonable request or not. The Variance does not need to run to the back of the house and can stop at the accessory apartment. The Board agreed they would want the Variance to stop at the back of the apartment. The Hearing was re-opened at 7:43 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Scott Cooper – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Mr. Clifford asked if they worked with an architect on the project (Yes). Mr. Clifford asked why the architect decided to continue the wall straight (There was no rational). Mr. Chair stated the Board would be happy to give the Variance to expand the accessory apartment but the Board will not allow the family room and the master bedroom to be expanded. The applicant requested an amendment to the Variance. An audience member, Michael McNeil from McNeil builders, stated they would be one of the contractors bidding on the job and looking at the house it would look nicer if they just left that foot. There were no further questions or comments from the audience. Mr. Cohen suggested a continuance so they can find out if it works and then vote. Mr. Clifford stated the Board currently does not have minor modification powers so the applicant would have to reapply and advertise. The applicant requested a continuance to October 12, 2023. 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 continuance to October 12, 2023 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Scott Cooper – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 24, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 12 Melrose Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 100-12 (A) and 135-9.4 to allow an RV to be occupied on the property for longer than otherwise allowed and to be located in the setback. The petitioner submitted the following information with the application: Nature and Justification, Camper Request Letter, and RV Plan, and a Temporary Housing Request Letter from the Board of Health. 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, Health Department, Fire Department, Electrical Inspector, Water and Sewer department and the Building Commissioner. A request to withdraw without prejudice was submitted. 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, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 24, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 6 Longfellow 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, 135-4.4.2 and 135-4.4.3 to allow more gross floor area than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Plans, Plot Plan, Documents Regarding Green House kit 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 Conservation Director. The Hearing was opened at 7:56 pm Presenter: Anthony Bettini Mr. Bettini presented the petition. He stated during COVID-19 they had a lot of time to spend at home and took up gardening. Massachusetts has a short growing season which is why they want to build a green house. It is 10 feet wide by the 13 feet long and 8 feet high. They will install a crushed granite floor to improve drainage. A Board Member, Norman P. Cohen, asked if it would be heated (No, in the summer they would have to prevent it from overheating by using an opener in the ceiling). Mr. Cohen asked if this is considered a structure. Chair, Ralph D. Clifford, asked if the green house attached to the ground (Not sure. They would have to have some type of wood framing around it). Mr. Clifford stated that would make it a structure. A Board Member, James Osten, suggested a condition that the gross floor area only be used for the greenhouse (That would be acceptable). There were no further comments from the Board. There were no questions or comments from the audience. The Hearing was closed at 8:07 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). The Board agreed to a condition that this Special Permit is strictly for the purpose of establishing the greenhouse and cannot be used towards the building. 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 replacement of existing non-conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 24, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1720 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 135-3.4 (Table 1 Permitted Uses and Development Standards) to allow a fast-food use in CD-12 Zoning District. The petitioner submitted the following information with the application: Nature and Justification, Plans, Plot Plan, Documents Regarding Green House kit 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 Conservation Director. The Hearing was opened at 8:10 pm Presenters: Molly Rappoli and Raymond Ball Mr. Ball stated the proposal is to allow a contemporary art gallery and espresso bar. A presentation was made to show what their goal is and the floor plan. They will have a limited menu and the food it not prepared on site. A Board Member, Nyles N. Barnert, questioned the hours of operation (They are requesting 7 am to 9 pm 7 days a week. They will eventually grow into those hours and start with Wednesday through Sunday 8 pm to 3 pm). Chair, Ralph D. Clifford, questioned if there is an ADA bathroom (There is a shared hallway and there are two restrooms). An audience member, Nancy Rosenfield of 50 Waltham St unit 208, stated her condo is directly above the space. She stated her concerns for coffee smells and noise. Mr. Ball stated the landlord is on the Board of Trustees and the lease has strict noise guidelines and sensory guidelines. Ms. Rappoli stated there will be no live music or wild events. This will be an intimate surrounding. Mr. Clifford questioned if there would be a sound system of any kind (They currently have no plans, they may get a Sonos speaker). Mr. Clifford asked if there was any exhausts system (The space has a good HVAC system). The Building Commissioner, James Kelly, stated it is a fairly new building and most likely brings in fresh air. There is a separation between each floor that is robust. A Board Member, Scott Cooper, stated the Café feature doesn’t seem different from the Ride Café that was there previously. A Board Member, Norman P. Cohen, stated when the building was built it was built for the purpose of having stores on the first floor. This is consistent with what was expected. Mr. Ball stated they are requesting for the opportunity to start their business and they are excited to grow their business in Lexington. A Board member, James A. Osten, suggested to put the smoke detectors and CO2 detectors over the coffee bar area. Mr. Kelly stated it is a fully sprinklered building, they will want to be careful with a condition with permitting where those go. Fire and Building will work to ensure, if necessary, this is done properly. There were no further questions from the Board. There were no further questions or comments from the audience. The Hearing was closed at 8:37 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). The Board agreed to the standard restaurant conditions including a two-year renewal period and if a sound system is installed the speakers be put at floor level. Mr. Osten suggested they have some type of monitoring system for the fumes. Mr. Clifford stated with the ventilation system being described it is most likely that will take care of it. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the requirement for a certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – 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 135-3.4 (Table 1 Permitted Uses and Development Standards) to allow a fast-food use in CD-12 Zoning District (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 24, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the July 13, 2023 and July 27, 2023 Hearing The Board of appeals voted three (3) in favor, zero (0) opposed, and one (2) in abstention to approved the minutes from July 13, 2023 and July 27, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Abstained, Martha C. Wood – Abstained and Nyles N. Barnert – Yes). The Board votes to Adjourn at 8:42 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes).