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HomeMy WebLinkAbout2023-11-09-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom November 9, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and Associate Member David Williams Alternate member: Scott Cooper Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk Address: 44 Bridge Street The petitioner is requesting APPEAL OF THE ZONING ADMINISTRATORS DECISION dated September 13, 2023 section(s) 135-9.2.2(3) regarding use of bedrooms in an accessory apartment for short term rental. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan Waiver Request, Photographs, a Determination Letter, and the 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 Board received a request to withdraw without prejudice. 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, David Williams – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom November 9, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and Associate Member David Williams Alternate members: Scott Cooper and Kathryn Roy Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer Moore, Zoning Administrator and Sharon Maguire Administrative Clerk The Board of Appeals will be discussing and voting on updates to Chapter 138 (The Regulations by which the Board of Appeals operates) Zoning Administrator, Julie Moore, shared Chapter 138 with the Board. The Board stated the approval date on the document needed to be changed. Ms. Moore reviewed changes made to the document after the last review by the Board. There were no questions or comments from the audience. There was no discussion from the Board. The Board of appeals voted six (6) in favor, zero (0) opposed, and zero (0) in abstention to approve the changes to Chapter 138 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, David Williams – Yes, Scott Cooper– Yes, Nyles N. Barnert – Yes, and Kathryn Roy – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 12, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and Associate Member David Williams Alternate member: Scott Cooper and Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. A minor modification determination to modify condition number 3 of Special Permit dated December 8, 2022 at 915 Waltham St. (Record # ZBA-23-41) Chair, Ralph D. Clifford, stated the nature of the modification is clear from the paper work. The Board agreed. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the application as a minor modification (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, David Williams – Yes and Nyles N. Barnert – Yes). Daniel Dufault, at 175 Federal St Boston MA, attorney on behalf of Colbea Enterprises LLC presented the petition. She stated such modification is to have condition number 3 of the Boards February 6, 2023 decision be revised to be in harmony with the Boards July 6, 2022 Decision where the Board granted a Special Permit for extended hours for take out food service of 6 am to 12 am. There would be no material impact to the Boards prior decision. Associate Member, David Williams, questioned the justification. Ms. Dufault stated the Board found and approved that Special Permit for extended business hours. Mr. Williams asked if they have heard from residents in the neighborhood (This is an existing gas station which provides food services already and this to enhance those service). There were no questions or comments from the audience. There were no further questions or comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a minor modification determination to modify condition number 3 of Special Permit dated December 8, 2022 at 915 Waltham St. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, David Williams – Yes and Nyles N. Barnert – Yes). 2. Minutes from the August 24, 2023, September 14, 2023, September 28, 2023 and October 12, 2023 Hearing. The Board of appeals voted six (6) in favor, zero (0) opposed, and zero (0) in abstention to grant minutes from the August 24, 2023, September 14, 2023, September 28, 2023 and October 12, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, David Williams – Yes, Scott Cooper– Yes and Nyles N. Barnert – Yes). The Board voted to Adjourn at 7:25 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, David Williams – Yes, Scott Cooper– Yes, Nyles N. Barnert – Yes, and Kathryn Roy – Yes).