HomeMy WebLinkAbout2023-09-14-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Virtual, Via Zoom
September 14, 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: James Kelly, Building Commissioner and Julie Krakauer Moore, Zoning
Administrator
Address: 25 Waltham 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 135-5.2.10 to allow a sign of a
type not otherwise allowed.
The petitioner submitted the following information with the application: Nature and Justification,
and 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, Economic Development and Historic District Commission.
The Hearing was opened at 7:03 pm
Presenter: Remon Karian, owner of Fiorellas at 25 Waltham St
Mr. Karian stated they opened in December of 2022. There are 7 locations. They have a rear
solid steel door that is adjacent to the municipal lot behind the building. The guests park in the
back and there is no way for them to know it is the entrance. It is important to identify the
location. They received approval from the Historic District Commission. He shared the proposed
plan.
There were no questions from the Board.
There were no questions or comments from the audience.
The Hearing was closed at 7:14 (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).
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
waive the requirement of 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 135-5.2.10 to allow a sign of a type not otherwise allowed (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
September 14, 2023
Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A.
Osten, and Martha C. Wood
Alternate Member: Patricia Nelson and Scott Cooper
Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey,
Administrative Clerk
1. Minutes from the August 10, 2023 Hearing
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to
approved the minutes from August 10, 2023 Hearing (a roll call vote was taken: Ralph D.
Clifford– Yes, Norman P. Cohen– Yes, James A. Osten – Yes, Martha C. Wood – Yes and
Nyles N. Barnert – Yes).
2. The Board of Appeals will be discussing and voting on updates to Chapter 138 (The
Regulations by which the Board of Appeals operates)
The Zoning Administrator reviewed the changes from the November 10, 2022 Hearing.
The Board discussed and made edits to section 1 regarding the wording clerk.
The Board discussed section 7 and added language.
The Board discussed section 9 and added language to section 9(A).
The Zoning Administrator stated section 9(c) required further edits regarding the references.
The Board reviewed section 16 and added language regarding site plan review amendments.
The Board discussed and agreed to remove section 18(B).
The Board discussed and change the language on Section 9(F).
The Board discussed and made changes to section 20.
The Zoning Administrator stated she would make changes and fix formatting. Once that is
completed this will go on an agenda for the Board to vote.
The Board voted to adjourn at 8:00 pm (a roll call vote was taken: Ralph D. Clifford– Yes,
Norman P. Cohen– Yes, Kathryn Roy – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes).