Loading...
HomeMy WebLinkAbout2024-12-12-ZBA-minMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom December 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Jennifer Wilson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 19 Walnut Street (ZBA-24-34) The petitioner is requesting ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-4.1.1, and 135-6.2.4(4) to modify the dimensional controls of §4.0 to allow the renovation of a historic and architecturally significant building to allow a side yard setback of 13.4 ft. instead of the required 15 ft. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, Floor Plan, Gross Floor Area Calculations, Elevations, and Historical Commission Decision Letter (approval) dated November 20, 2024. 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, Historical Commission, Planning Department, and Conservation Director. The Hearing was opened at 7:04 PM. Petitioner: Katy Finkenzeller, SV Design, 31 Church St., Winchester, MA Katy Finkenzeller described the plans for the proposed attached two-car garage. The proposed plot plan and plans were shared. Ms. Finkenzeller emphasized the minimal amount of relief needed from the side yard setback. She shared a cardboard cutout to portray the .86 sq. ft. of roof overhang that will protrude into the required setback. The grading of the property was described and it was emphasized that it is a steep lot. The Historical Commission approved the proposal on November 20, 2024. Ms. Finkenzeller highlighted the garage will have smaller overhangs than the existing home. She stated the request does not derogate from the intent of the Bylaw and is not a detriment to the public good. Board Member, James A. Osten, asked to clarify how the home qualifies for consideration under 135-6.2. (It is on the Lexington Comprehensive Cultural Resources Survey and Massachusetts Historical List.) Board Chair, Ralph D. Clifford, questioned what would happen to the home if the relief is not granted (The home will not be demolished. Renovation will still be completed but with a scaled back garage, which is not what the homeowners would like. Mr. Clifford stated the granting of this special permit would come with the Condition that future modification would not be allowed. He questioned if this condition would be acceptable to the homeowners. (Yes.) No further questions from the Board. No comments or questions from the audience. Hearing was closed at 7:12 PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). Mr. Clifford state his concern whether granting a special permit for the proposal is justified. He stated that if the home will continue to exist with or without the issuance of a special permit, it may not be required. The homeowners are able modify the home in a way that meets the bylaw. Board Member, Norman P. Cohen, agreed Mr. Clifford’s concern is valid but emphasized the requested relief is minimal. He shared his intent to vote to approve the special permit. Mr. Clifford agreed that the balance of the project and requested relief is not in question – it is a reasonable balance. The Board agreed on a condition that future changes would require review by the Historical Commission and the Board of Appeals. No further discussion from the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-4.1.1, and 135-6.2.4(4) to modify the dimensional controls of §4.0 to allow the renovation of a historic and architecturally significant building to allow a side yard setback of 13.4 ft. instead of the required 15 ft. with conditions (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom December 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Jennifer Wilson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 10 Woburn Street (ZBA-19-37) The petitioner is requesting a SPECIAL PERMIT RENEWAL 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, Line J.1.02 to allow a takeout food service in the CS Zoning District to operate before 7:00 AM. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, and Floor Plans. 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 Planning Department. Hearing was opened at 7:19 PM. Petitioner: Stephanie Allen, Allco Donuts, 10 Woburn St. Lexington, MA Stephanie Allen stated the Dunkin Donuts has been operating for 23 years in Lexington. They wish to renew the Special Permit with no changes requested. No questions from the Board. No comments or questions from the audience. Hearing was closed at 7:22 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). No further discussion from the Board. Board Chair, Ralph D. Clifford, suggested removing term limit on the special permit as special permits for fast food are no longer required, this is just for operating before 7 am. The Board agreed to remove term limit and to add a condition that the SP expires upon transfer of ownership. No further discussion from the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the plot plan requirement. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT RENEWAL 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, Line J.1.02 to allow a takeout food service in the CS Zoning District to operate before 7:00 AM with conditions. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom December 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Jennifer Wilson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 15 Depot Square (ZBA-24-35) The petitioner is requesting ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.1.14, and 135-5.1.4 to allow fewer parking spaces than otherwise required. The petitioner submitted the following information with the application: Nature and Justification, Floor Plan, Previously Issued Special Permits, and Certified Plot Plan Waiver Request. 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 Building Commissioner. Hearing was opened at 7:25 PM. Petitioner: Steven Cicatelli, Cicatelli & Cicatelli, 266 Main Street, Stoneham, MA and Chris Collins, Management Agent, 15 Depot Square Steven Cicatelli described the existing conditions of the property as a two-story mixed use building in the Central Business District. It is adjacent to the Minuteman Commuter Bikeway and the Lexington Historical Society. The second floor was office space but it has been vacant for 2 years due to difficulty renting the space and reduced market need for office space. Mr. Cicatelli emphasized that the provided site plan indicated that the site lacks any parking as the building covers much of the parcel. He stated they are asking for parking relief since they are proposing a change in use to go from office space to three (3) residential rental units. The proposed residential units are allowed by right. The parking requirement pre- and post- development of the second-floor dwelling units will be reduced. Currently, the second-floor space requires eight (8) parking spaces while the proposed dwelling units would require a total of three (3) parking spaces, highlighting a net decrease in required spots for the property Mr. Cicatelli stated that community needs will be met by the combination of residential and commercial use while also reducing vacant space in the town center. Public transportation is easily accessible from the property and tenants will benefit from the proximity. Tenants will be advised they cannot park overnight in town paring lot or street. Bicycle racks are also proposed on the property to be used by tenants, visitors and potentially the public as well. Mr. Cicatelli stated the demand for office space is decline which affects value of property. The residential units will help to increase the value of this space and add to tax revenue. Board Member, James A. Osten, questioned if any attempt to arrange parking has been made (Not at this point. There are no immediate properties with potential overnight parking. Management intends to make it clear to any tenant there is no provided overnight parking with the dwelling units. It would be clear in the lease that if a tenant needs overnight parking, they would need to arrange it themselves.) Board Member, Nyles N. Barnert, questioned what previous tenants of the space used for parking. (Previous tenants were all business so they most likely left at 5:00pm and therefore never experienced the need for overnight parking. Board Chair, Ralph D. Clifford questioned if a condition to limit if tenants could not have cars would be accepted. (No. Ideally the units will be rented to tenants without a car but the client does not want to officially limit it to that because that would potentially have the client face more vacancy issues. It will be favored to have tenants without a car but they can require that either the operator or the tenant are required to secure legal overnight parking when necessary.) Chris Collins stated he manages similar dwelling units on Massachusetts Avenue in Arlington, MA that have a successful rental rate to tenants that do not own vehicles. He hopes the same will happen for the proposed units. Mr. Clifford – concerned about creating a town issue with illegal overnight parking Mr. Osten would you accept condition to require tenant to provide proof of legal overnight parking if they so need it? (yes, reasonable stipulation, burden on the leaser) No further questions from the Board. No comments or questions from the audience. Hearing was closed at 7:46 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). No further discussion from the Board. Mr. Clifford stated the proposed residential units would be beneficial to downtown Lexington. He stated the Board should add a condition that it is a requirement of the property owner to ensure all tenants have an overnight parking spot for each car that is on the premises. Board agreed on condition No further discussion from the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the plot plan requirement. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.1.14, and 135-5.1.4 to allow fewer parking spaces than otherwise required with conditions. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom December 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Jennifer Wilson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 675 Waltham Street (ZBA-21-40) The petitioner is requesting a SPECIAL PERMIT RENEWAL in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 to allow continued use of a golf recreational facility. The petitioner submitted the following information with the application: Nature and Justification, Certified Plot Plan, and Previously Issued Special Permits. An opposition letter dated December 11, 2024 was received from Keven S. Freytag, attorney for Armando Mancini, 673 Waltham Street. 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 the Conservation Director. Hearing was opened at 7:49 PM. Petitioner: William Dailey, Jr., Sloane and Walsh, 114 Marrett Rd., Lexington, MA Mr. Dailey presented the petition on behalf of the Carroll family. He requested to continue the hearing to the January 9, 2025 ZBA Meeting. Mr. Carroll stated several reasons for the continuance request: the applicant is actively working to obtain a revocable license with the Conservation Commission for the 10,000 sq. ft. section of encroachment in question and also plan to deed a 21,000 sq. ft. parcel of land to the Conservation Commission. He stated the Carroll’s could claim of adverse possession but they do not wish to make such claim and would rather continue to work with the Conservation Commission to come to an acceptable agreement. Mr. Carroll would also like the time to address the issues put forth in the letter received by Kevin S. Freytag, attorney for Mr. Armando Mancini. He respectfully requested a continuance to January 9 2025. Board Chair, Ralph D. Clifford, highlighted that the Special Permit expires December 31, 2024 and therefore, the golf facility could not be operation after December 31st until the time when the special permit is renewed. (The business closes for the season on December 23, 2024.) Keven S. Freytag, Hemingway & Barnes LLP, 75 State Street, Boston, MA, had no objection to the continuance request. No further questions from the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a CONTINUANCE to the January 9, 2025 ZBA meeting (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom December 12, 2024, 7:00 pm Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Jennifer Wilson Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Other Business: 1. Minutes from the November 14, 2024 Meeting Board Chair, Ralph, D. Clifford, informed the Board that the Select Board would be holding a discussion regarding the ZBA’s Noise Bylaw Memorandum at their December 16, 2024 Meeting and that he would be in attendance to present to the Select Board. The Board of Appeals voted three (3) in favor, zero (0) opposed, and two (2) in abstention to approve the minutes from November 14, 2024 Hearing (a roll call vote was taken: Ralph D. Clifford– Abstain, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Abstain). The Board voted to Adjourn at 8:01 PM (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James A. Osten – Yes).