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HomeMy WebLinkAbout2023-10-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 26, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk Chair, Ralph D. Clifford, proposed Board Reorganization to elect Chair, Vice Chair, and Board Clerk-- to be effective October 27, 2023. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to inducted Ralph D. Clifford as the Chair of the Board of Appeals with Nyles N. Barnert as Vice Chair, and James A. Osten as Clerk (a roll call vote was taken: Ralph D. Clifford – Yes, James Osten – Yes, Norman P. Cohen – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 26, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk Address: 28 Reed St 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 135-8.4.2 to allow modification to non- conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, Gross Floor Area Calculations and an Abutter Letter. 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, Engineering Department and Conservation Director. The Hearing was opened at: 7:06 pm Presenter: Aidan Schlotman with Stamski and McNary at 1000 Main St Acton MA on behalf of Peter Jones Mr. Schlotman presented the petition. He stated the proposed project is to remove the existing garage and replace it with a new two car garage. It is an odd shaped lot. There are existing wetlands that extends onto the lot. They tried to stay away from the wetlands area as it has caused major flooding where the garage has had a foot of water in it. This causes major damage. They will be doing stormwater measures and re-grading. A Board Member, Nyles N. Barnert, asked if the Conservation Commission has ruled on this matter (They had no changes in terms of the location of the garage. The Commission wanted to transition the lawn area back to its natural vegetative state). Chair, Ralph D. Clifford, questioned how much higher the proposed garage is than the existing (They are raising it about a foot). Mr. Clifford questioned if they are comfortable that there will not be flooding going forward (They are doing two things to stop the flooding. Planting the wetlands species which will help suck up the water and raising the garage). There were no further questions from the Board. There were no questions or comments from the audience. Mr. Schlotman stated the existing garage is in tough shape after being flooded for so many years. The Hearing was closed at 7:15 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). Mr. Clifford stated the Conservation Commission has not issued their final ruling. He suggested to make the Special Permit conditional on the Conservation Commissions approval. The Board agreed. 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 135-8.4.2 to allow modification to 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 October 26, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk Address: 7 Tewksbury St 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 135-8.4.2 to allow modification to non- conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, Gross Floor Area Calculations 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 and Historical Commission. The Hearing was opened at: 7:17 pm Presenter: Colin Smith on behalf of Gillian Epstein Mr. Smith presented the petition. He stated this is a historic home and it was positioned right up against the street. Almost the entire structure is outside the building setback. They were looking to do one larger addition but that proved to be challenging with the historic character of the home so they settled on two one-story additions. The Historical Commission approved this project. He then further reviewed the proposal and floor plans. Mr. Smith stated there is significant ledge outcropping in the backyard. The ledge is a factor for construction and the possibilities of the lot. A Board Member, Norman P. Cohen, questioned if there were any letters from abutters (The most affected abutter supports the project). There were no further questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:24 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). 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 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, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 26, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk Address: 9 Washington St The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-6.7.7 and 135-9.4 to allow an Accessory Structure Apartment and to allow the Accessory Structure Apartment to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, Elevations, Gross Floor Area Calculations and letters from abutters. 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, Planning Department and Conservation Director The Hearing was opened at: 7:25 pm. Presenter: Colin Smith on behalf of Richard P and Elenora G Wells Mr. Smith presented the petition. He stated this is a historic home and the lot is just shy of being two legal lots. The property owners have three sons, one of which would like to move in to the main home with his family. He reviewed the project and stated it is a secondary structure that fits in the rhythm of the street. They received a number of support letters from abutters. There are ledge outcroppings and they positioned the accessory apartment against the side yard setback. They would like to ask for flexibility in the location depending on what they find in the ground and the cost of the project, they would like to slide the structure closer to the house. He then reviewed the floor plan. A Board Member, James A. Osten, asked if the garage could be built by right on its own (That could be built by right). The Zoning Administrator, Julie Krakauer Moore, confirmed the garage is a stand-alone structure that could be built by right. Mr. Osten asked if there is any possibility of the lot being subdivided in the future (The Town would have to rewrite the zoning). A Board Member, Nyles N. Barnert, stated the elevation difference between Washington St and where the garage is located is substantial. He questioned if there would be a problem meeting maximum slope (No, it is fairly level. They have swept the driveway to the east to help keep it level). A Board Member, Martha C. Wood, stated she is curious about the impact on the trees in that area. She questioned if trees will be taken down (Mr. Smith reviewed the trees that will need to be removed). Chair, Ralph D. Clifford, questioned if the apartment itself is 1,000 square feet or if that includes the garage (It does not include the garage. There was confusion on the bylaws). Mr. Clifford stated his concern for the language in 135-6.7.4 which states the accessory apartment shall be designed to maintain the appearance and essential character of a one-family dwelling with accessory structures. The positioning is as far away from the house as possible, that is something that would not be likely for an accessory structure. It is also suggesting another single-family house. The location and design are concerning. He questioned if it was possible to make it look less house like (6 Adams St was discussed as an example. Ledge, water table and cost permitting they would like to pull it closer to the house). Mr. Clifford stated he is not against the idea of having an accessory apartment. This is the perfect location for it. There were no further questions from the Board. An audience member, Philip Coleman at 29 Eliot Rd, stated he reviewed the plan and stated his support. An audience member, John Langevin at 32 Percy Rd, stated his support. There were no further comments from the audience. Nora and Richard Wells, property owners of 9 Washing St, stated they have lived at the house for 40 years and would like to continue to reside there. They thought about this proposal a lot. The alternative is to sell the house and have a mansion built by a developer. Mr. Barnert stated he is satisfied with this proposal because the main house is more than three times the size of the apartment. Mr. Smith stated he hopes the Board support this proposal, it is a very important project. The Hearing was closed at 7:48 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). A Board Member, Norman P. Cohen, questioned that if the location of the structure changes the applicant would have to come back to the Board. Mr. Clifford stated that is correct. It has to be built within substantial conformance of the plans submitted. If it is moving in any significant manor the Special Permit will have to be modified. Building Commissioner, James Kelly, stated if the building were to move away from the side yard setback, would the Board consider this substantial. Mr. Clifford suggested the Board reopen the Hearing. The Hearing was reopened at 7:51 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). Mr. Clifford stated they are dealing with a Special Permit that is based on the way a parcel looks and a physical movement could be significant. If there is any kind of articulable change to how the development looks it would need to come back before the Board as minor modification. This was further discussed. There were no questions or comments from the audience. There were no further comments from the Board. The Hearing was closed at 7:56 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). 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 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, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 26, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate member: Patricia Nelson Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk Address: 1729 Massachusetts Avenue The petitioner is requesting FOUR (4) SPECIAL PERMITS 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, 135-5.2.8(1) and 135-5.2.10, 135-5.2.4, 135-5.4.6.2 and 135-5.4.4.2 to allow fast food use in CB zoning district, to allow a principal wall sign to be larger than otherwise allowed, to allow a sign to be painted directly on the exterior surface at the rear of the building, and to allow lighting trespass onto abutting properties and Massachusetts Ave. The petitioner submitted the following information with the application: Nature and Justification, Topographical Plans, Floor Plans, Photometric plan, Plot Plan Waiver Request, and Gross Floor Area Calculations. Also received was a request to withdraw the Special Permit to allow a sign to be painted directly on the exterior surface at the rear of the building without prejudice. 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 and Historic District Commission. The Hearing was opened at: 7:58 pm Presenter: Megan Morrison on behalf of Revival Café and Kitchen Chair, Ralph D. Clifford, stated a request to withdraw without prejudice for a Special Permit to allow a sign to be painted directly on the exterior surface at the rear of the building 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 for a Special Permit to allow a sign to be painted directly on the exterior surface at the rear of the building (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). Ms. Morrison presented the petition. She stated they presented before the Historic District Commission and have approval for the proposal presented. She explained the lighting plan and sign plan. She stated it is a painted sign, reviewed paint colors and sign size. She reviewed the photometric plan. A Board Member, Norman P. Cohen, questioned if they are approving fast food use as well. Zoning Administrator, Julie Moore, stated the front sign cannot be painted directly on the wall. It needs to be on a removable panel. Steve Nookie Postal, stated they have two other cafes and are excited to expand in Lexington. They will have things like coffee, breakfast sandwiches and pastries. At lunch time people can get sandwiches, salads and grain bowls. Mr. Clifford asked if people will predominately eat there or will it be take-out (Mr. Postal stated they only have 19 seats inside so it will be a combination of both). Mr. Clifford questioned the hours of operation (Mr. Postal stated they are thinking about 7:00 am to 5:00 pm, 7 days a week). A Board Member, James, Osten, questioned the size of the store and the number of seats allowed. He stated his concern for parking. Building Commissioner, James Kelly, stated when you have one single accessible bathroom there is a limitation on the number of seats. Mr. Clifford questioned if that was something that would be enforced by the Building Department in the permitting process rather than something the Board needs to worry about. Mr. Kelly stated that is correct. Mr. Clifford questioned if there will be trash receptacles in the back area of the restaurant (Ms. Morrison stated there is an existing trash enclosure. They have trash locations within the building itself. They are no longer making the rear of the building an occupied space). There were no further questions from the Board. There were no comments or questions from the audience. Ms. Morrison stated this would be a great addition to the Town. The Hearing was closed at 8:17 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). Mr. Clifford suggested the Board use the standard restaurant conditions with operating hours 7 days a week 7 am to 5 pm and a two-year approval. 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, 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 THREE (3) SPECIAL PERMITS 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, 135-5.2.8(1) and 135-5.2.10, 135-5.4.6.2 and 135-5.4.4.2 to allow fast food use in CB zoning district, to allow a principal wall sign to be larger than otherwise allowed, and to allow lighting trespass onto abutting properties and Massachusetts Ave (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 October 26, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Review of 2024 ZBA Calendar The Board voted to adopt the 2024 calendar (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 voted to Adjourn at 8:20 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).