HomeMy WebLinkAbout2017-10-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 38 James Street, f/k/a 7 Rangeway Street
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was
a revised plot plan, received August 24, 2017, Addendum B, entitled, "Supporting
Additional Information", received July 26, 2017, letters from abutters in support of
petition, a Street Adequacy Determination, dated September 7, 2016 and received on
September 28, 2017, a letter from John Farrington, received September 26, 2017, and
a petition in opposition with three signatures, received October 11, 2017.
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, Conservation Administrator, Planning Office, and
Zoning Administrator.
The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-4.1.1, Table 2 (Schedule of
Dimensional Controls), to allow a height of a structure to be 43 ft instead of the
required 40 ft.
The applicant submitted a Request for Withdrawal without Prejudice, dated October
11, 2017.
On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant the Request for Withdrawal without Prejudice of the VARIANCE in
accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section
135-4.1.1, Table 2 (Schedule of Dimensional Controls), to allow a height of a structure
to be 43 ft instead of the required 40 ft.
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 14 Cottage Street
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was
(9) letters of support from abutters, and a Request for Waiver of the requirement of a
certified plot plan.
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, Conservation Administrator, 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 135-8.4.2 to allow
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:38 pm.
The applicants, Mr. and Mrs. Julien and Marilyn Farland, presented the petition. They
are proposing to construct an overhang over the concrete front platform and construct
2 additional steps. They also want to install handrails along both sides of the stairs.
They have a severe ice and snow problem and it's hard to keep up with, so it becomes
a safety issue. Constructing the overhang and additional steps will make it easier to
deal with the ice and snow and also improve the appearance of the home. They
submitted letters from neighbors in support of the petition. Ms. Farland stated that she
has had many surgeries and has difficulty going down the steps without a handrail so
this would be helpful.
A Board Member, Mr. Ralph D. Clifford, stated that on the plans it looks like the
handrail extends over the front property line (Mr. Farland stated that the handrail will
stop at the end of the bottom step and would not extend into the right of way). The
Zoning Administrator, Mr. David George, stated that it will be handled when the
Building Permit application is reviewed and the Acting Building Commissioner will visit
the site and take a measurement.
A Board Member, Mr. Edward D. McCarthy, stated he is in favor of the petition.
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Ms. Wood stated that one of the comments from the Acting Building Commissioner is
that it has to be fireproofed since it's less than 5ft from the street (they will make sure
that's done).
The Chairwoman closed the hearing at 7:47 pm.
On a motion by Edward D. McCarthy, and seconded by Ralph D. Clifford, the Board
voted 5-0 to grant a waiver to the requirement of a certified plot plan.
On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, 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 135-8.4.2 to allow
modification to a non-conforming structure.
October 12, 2017
ZBA Meeting Page 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 191 and 201 Spring Street
The petitioner submitted the following information with the application: Nature and
Justification, Elevations, Floor Plans, and Photographs. Also received was Request
for a Waiver of the requirement of a certified plot plan and comments from the Design
Advisory Committee (DAC), received October 12, 2017.
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.
The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-5.2.4.1,
and 135-5.2.10 to allow one internally illuminated wall sign larger than otherwise
allowed.
The Chairwoman opened the hearing at 7:48 pm.
Mr. Bob Nolt with Mimecast presented the petition. Mimecast is an e-mail security
company and provides security for e-mail services. The construction for 191 Spring
Street is currently underway and they will take up about 50% of the building.
Mr. Bill Gilligan of Advanced Signing, presented the information for the sign. They are
proposing to have a set of internally illuminated letters on the south side of the
building. The letters would be blue and turn white at night. The letters are all under 3ft
in height except for the T. There is a structure being built specifically for the building
to put the sign on.
The Chairman, Ms. Martha C. Wood, read the comments from the DAC that requested
that the applicants should reduce the height of the sign (Mr. Gallaghan responded that
from an aethestic point of view, the sign was designed to fit in with the facade of the
building and sized so that it wouldn't leave gaps in that portion of the building).
A Board Member, Mr. David G. Williams, stated he has no issues with what they are
presenting.
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An audience member with Boston Properties, stated that he is the Project Manager for
this project and Boston Properties fully supports Mimecast.
A Board Member, Mr. Edward D. McCarthy, asked what the height of the proposed
sign would be (Mr. Gilligan stated that the dimensions would be 47" x 291").
Ms. Wood stated that the DAC is urging them to reduce the sign to 36".
A Board Member, Mr. Ralph D. Clifford, stated that if the height of the sign was
adjusted, the width would also be drastically reduced.
A Board Member, Ms. Jeanne K. Krieger, stated that she agrees with Mr. Williams.
The sign fits appropriately and she doesn't have any issues with it.
Mr. Williams stated that the sign just faces 128 and doesn't face any neighborhoods.
Mr. Nolt stated that it faces the old post facility.
Mr. Clifford asked the applicant if it faces an industrial area or residential (Mr. Nolt
responded that it faces an industrial area).
The Chairwoman closed the hearing at 7:59 pm.
On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board
voted 5-0 to grant a waiver to the requirement of a certified plot plan.
On a motion by Ralph D. Clifford and seconded by Jeanne K. Krieger, the Board voted
5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington
(Zoning By-Law) in accordance with § 5.2.4.1, 5.2.10, and 9.4., to allow one internally
illuminated wall sign.
October 12, 2017
ZBA Meeting Page 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 0, 191 and 201 Spring Street
The petitioner submitted the following information with the application: Nature and
Justification, and Floor Plans. Also received were comments from the Design
Advisory Committee (DAC), received October 12, 2017.
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, Engineering Department, Planning Office, 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, 135-5.2.4.1 and 135-
5.2.10 for one internally illuminated standing sign larger than otherwise allowed.
The applicant submitted a Request for Withdrawal without Prejudice, dated October
12, 2017.
On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board
voted 5-0 to grant a Request for Withdrawal without Prejudice for a SPECIAL PERMIT
in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington)
sections 135-9.4, 135-5.2.4.1 and 135-5.2.10 to allow one internally illuminated
standing.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Associate Member Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 65 Hayden Avenue
The petitioner submitted the following information with the application: Nature and
Justification, and Drawings. Also received was a letter from the Lexington
Communications Advisory Committee, dated September 28, 2017, a Letter of
Authorization, Structural Analysis, Specifications, RF Report, Radio Frequency
Emissions Report, Sound Impact Assessment Study, and Comments from the Design
Advisory Committee, received October 12, 2017.
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, Health 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 135-6.4.5, and 135-
3.4, Table 1, Schedule of Permitted Uses and Developmental Standards, Line 0.1.08,
to allow a wireless communication facility.
The Chairwoman opened the hearing at 8:03 pm.
Mr. Earl Duval presented the petition. He introduced Ally Black, who is the Project
Manager for Verizon Wireless, Oscar Suarez, the Project Engineer, and Vic Duno, the
Radio Frequency Engineer with Verizon Wireless. Mr. Duval handed out 3 exhibits to
the Board: Attachment A (Existing LTE Coverage), Attachment B (Proposed LTE
Coverage), and drawing Z-3, entitled, "Detailed Penthouse Plan". Mr. Duval stated
that Verizon Wireless has a gap in coverage in the Southern area of Lexington. The
service in that area is deficient and they need to maintain coverage in order to operate.
Attachment A shows the existing coverage in Lexington and the existing cell sites
Verizon has. The green box and everything shown in green have a strong level of
coverage, the orange has minimum level of coverage in more residential area, and the
white and yellow areas have deficient coverage. Attachment B shows the proposed
coverage, with a stronger level of coverage for Lexington 6. The additional amount of
coverage from this site would provide service to an additional 1300 — 1550 residents.
Exhibit 4 in the application package has photos of the proposed structure. They took 3
photos with a simulation showing what the screen house would look like on the top of
the penthouse. Drawing Z-3 shows the layout of the structures on the top of the
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building. The screen walls will be on the top of the existing penthouse. The steel
frame will be fastened to the frame of the penthouse. They will be using the same
contractor to do the work that the other tenants have used. The equipment cabinets
and back up emergency powered generator and gas all come from existing sources in
the building. Exhibit 8 is the radiofrequency emissions report, which states that the RF
levels are far below what is considered safe under the regulatory guidelines for
exposure. No one will be able to gain access to the roof except for qualified
employees. There will only be 2 sources of sound — the fan for one of the equipment
centers that will come on during the summer months and the sound of the backup
generator that will only run when it's tested for 30 min each week or in the case of an
emergency. The sound from the generator and fan running together is significantly
below the ambient sound. The site will also be compliant with all FCC regulations.
A Board Member Associate, Mr. Nyles N. Barnert, asked what the length of the lease
with Verizon Wireless will be (25 years).
A Board Member, Ms. Jeanne K. Krieger, asked what the height of the screen wall will
be (The equipment is 3ft in height and the screen that sits on top of that is 1 Oft, so
there is an added height of 13ft to the building).
A Board Member, Mr. David G. Williams, asked why the coverage won't be improved
in other areas such as in the neighborhood around Shire and Fairfield Drive and if
there are any plans to improve those areas (Ms. Ally Black responded that Verizon is
still looking into those areas. This specific site is taking over for the previous site at
191 Spring Street, where their lease ended. Verizon is looking into small cells, which
would fit better into small neighborhoods. They are also still in a site acquisition
stage).
A Board Member, Mr. Edward D. McCarthy, asked Mr. Duval if the coverage area is
related to the height of the cell tower (yes). Mr. McCarthy asked if the area above the
antenna is open (yes). Mr. McCarthy asked if Verizon has to make the facility open to
other carriers (the location of their 2 screen wall facilities would not accommodate any
other carrier. The landowner may be able to locate another carrier on top of the
facility).
There were no further questions from the Board.
There were no comments or questions from the audience.
The Chairwoman closed the hearing at 8:39 pm.
On a motion by Nyles N. Barnert, and seconded by Jeanne K. Krieger, 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 135-6.4.5, and 135-3.4,
Table 1, Schedule of Permitted Uses and Developmental Standards, Line 0.1.08, to
allow a wireless communication facility.
October 12, 2017
ZBA Meeting Page 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Associate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 1646 Massachusetts Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Floor Plans, 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 Planning Office, Historic Districts Commission, and Zoning Administrator.
The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington), 135-9.4 and sections 135-3.4,
Table of Permitted Uses and Development Standards, Line G.2.01 to allow an office
located on street floor level that is not a center store front; and 135-5.1.14 to allow one
(1) parking space instead of the required two (2) parking spaces.
The Chairwoman opened the hearing at 8:41 pm.
The applicant, Mr. Howard Levin, and Sharon Spaulding, the owner of the property,
presented the petition. They are requesting 2 Special Permits to allow an 1800 sgft
space to be used as a business and professional office in a CD zone, allow an office
located on a street lower level that is not a storefront, and allow 1 parking space
instead of 2. This space is located at the rear of 1646 Mass Ave. The space used to
be a residential structure and isn't a store front directly Massachusetts Ave. The
visibility of the location is poor. They would anticipate it to be used as an accounting
office. There would be no impact of traffic, safety, and current uses. The space is
adjacent to other properties on Wallis Ct. The space currently has 1 parking space, so
it's non-conforming. The space is currently vacant and has been difficult to rent out
because of its visibility.
A Board Member, Mr. Ralph D. Clifford, stated that he is in favor of it being used as an
office space but he is worried about parking.
Ms. Spaulding stated that they used to be part of the Town Center Parking program
but it was eliminated with the parking sticker program.
October 12, 2017
ZBA Meeting Page 9
A Board Member, Mr. Edward D. McCarthy, asked where the parking spots are for the
building (there's 4 tandem spots for the whole building next door).
A Board Member, Mr. David G. Williams, stated it's an appropriate use but if a bank or
real estate office were to go there, he may not feel the same way (Mr. Levin
responded that there is a bylaw that restricts the space to be used for a bank or real
estate office, and if the space were to be used for that purpose, they would need a
Special Permit).
Mr. Williams asked if there will be signage in the back (Currently there is a sign that
was approved by Haven, the previous tenant, and to change the sign they would have
to go before the Design Advisory Committee (DAC) and the Historic District
Commission (HDC)).
The Chairwoman closed the hearing at 8:50 pm.
On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant a waiver to the requirement of a certified plot plan.
On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board
voted 5-0 to grant TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington), 135-9.4 and sections 135-3.4, Table of
Permitted Uses and Development Standards, Line G.2.01 to allow an office located on
street floor level that is not a center store front; and 135-5.1.14 to allow one (1) parking
space instead of the required two (2) parking spaces.
October 12, 2017
ZBA Meeting Page 10
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 12, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1) Minutes of Meetings from September 28, 2017 Hearing
On a motion by Ralph D. Clifford and seconded by Jeanne K. Krieger, the Board
voted 5-0 to approve the minutes of September 28, 2017.
2) Review of 2018 ZBA Calendar
The Board found no issues with the calendar dates for 2018. Mr. Clifford proposed
a time change of the meetings to begin at 7:OOpm instead of 7:30pm, to begin on
January 11, 2018.
On a motion by Ralph D. Clifford and seconded by Jeanne K. Krieger, the Board
voted 5-0 to approve the 2018 Zoning Board of Appeals Calendar and to change the
meeting time from 7:30pm to 7:OOpm, to be effective January 11, 2018.
3) CPTC 2017 Workshops
The Board was made aware of the availability of the workshops.
On a motion made and seconded, the meeting was adjourned.
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