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HomeMy WebLinkAbout2016-12-08-ZBA-minMinutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 8, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 675 Waltham Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Also submitted was a Petition in support of the application was Special Permit Decision filed January 18, 2012. 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 Building Commissioner, Planning Department, and Zoning Administrator. The petitioner is requesting a RENEWAL FOR A SPECIAL PERMIT, dated December 8, 2011 in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -9.4 to allow continued use of a golf recreational facility. The Chairwoman opened the hearing at 7:30 pm by reading the legal notices and described information received from the petitioner. Mr. William Dailey, Jr. presented the petition. He represents the Carroll Brothers that operate the Golf Club. They are asking the permit be renewed for an additional period of 5 years. Scott is certified by the PGA as the professional manager of golf courses. 7am — 9pm for the driving range. The facility is very popular with residents. There are many programs offered to the public. The employees are all Lex residents. The Carroll brothers kept their cows there until 1993. They would like to renew the permit for an additional 5 years under the same conditions. There were no questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:37 pm. On a motion by Edward D. McCarthy and seconded by Ralph D. Clifford, the Board voted 5 -0 to grant a RENEWAL FOR A SPECIAL PERMIT, dated December 8, 2011 in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -9.4 to allow continued use of a golf recreational facility. 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 8, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 132 Marrett Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Drawings, 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 Engineering Department and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135 -9.4 and Article 40: Amendment to Zoning By -law, Accessory Apartments, 135 -6.7.7 to allow an accessory structure apartment. The Chairwoman opened the hearing at 7:38 pm by reading the legal notices and described information received from the petitioner. The Chairwoman read the described information received from the petitioner. Ms. Eve Isenburg, the architect for the project.and Fred Gutierrez with Shepherd PMC presented the petition. They are requesting a special permit for an accessory apartment. There is a detached garage across from an attached garage. The original builder built out the space above the garage. It's framed out and the owners would like to finish the space and build it up to code. Ms. Isenberg submitted additional documents. In regards to the question about the FAR with the accessory apartment, it comes to 12,052, which is under the gross floor area. The Chairwoman, Ms. Jeanne Krieger, asked if Ms. Isenburg agrees with the 16,696 listed by the Assessor's office as the Gross Floor Area (GFA). The Zoning Administrator, Mr. David George, stated that the garage was built prior to the GFA by -law being passed, so it's a non - conforming situation. Mr. McCarthy asked who the owner is (Doug and Vicki Mattscheck). 3 A Board Member, Mr. David G. Williams, stated that last year they had someone come in requesting an accessory apartment and now the home has been condominiumized. He is concerned about that because now they would have 2 structures on the lot and it could be condominiumized and then sold separately. (It's a single family zone and she believes that to condominiumize it then they would have to go before the Board again. The current owners have no intention to do so. There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 7:46 pm. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5 -0 to grant a SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -9.4 and Article 40: Amendment to Zoning By- law, Accessory Apartments, 135 -6.7.7 to allow an accessory structure apartment. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 8, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford, and Associate Member William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 1726 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification. 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 Conservation Administrator, Planning Department and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135 -9.4 and 135 -3.0, Use Table J.1.02 to allow a fast food service. The Chairwoman opened the meeting at 7:47 pm by reading the legal notices and described information received from the petitioner. Mr. Ed Grant presented the petition as the attorney for The Lions Group, who owns Max and Leo's of Lexington, LLC. The applicant, Max and Leo's, is using the same space previously used by Orange Leaf. The restaurant and take out service are allowed as of right. The only special permit needed is for fast food service. The restaurant will be open 10am — 11 pm, 7 days a week. Orange Leaf was granted a variance for 10 parking spaces and no additional parking spaces are required. They are just changing the type of food. This petition is consistent with the Board of Selectmen's goal for more vitality in Lexington Center. A Board Member, Mr. David G. Williams asked Mr. Grant to clarify about the take -out service (A Special Permit is not needed for take -out since they are not operating between the hours of 11 pm — 7am. They will be doing take -out but it's as of right.) A Board Member, Ms. Martha C. Wood, suggested that when they vote, they make a condition that states the operating hours are 10am — 11 pm. There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the meeting at 7:55 pm. BOA Meeting December 8, 2016 5 On a motion by William P. Kennedy and seconded by Ralph C. Clifford, the Board voted 5 -0 to grant a SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135 -9.4 and 135 -3.0, Use Table J.1.02 to allow a fast food service. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 8, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5 -0 to approve the minutes of November 10, 2016. On a motion made and seconded the meeting was adjourned.