HomeMy WebLinkAbout2016-12-08-ZBA-min 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 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 lsenburg, 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 lsenburg 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 — 11pm, 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 11pm — 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 — 11pm
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