HomeMy WebLinkAbout2018-02-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
February 8, 2018
Board Members Present: Acting Chairman, Ralph D. Clifford, Jeanne K. Krieger,
Edward D. McCarthy, David G. Williams, and Associate Member, Norman P. Cohen
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Address: 17 Banks Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, 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 Conservation Administrator, Engineering 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 and 135-8.4.2, to allow
modification to a non-conforming structure.
The applicant submitted a Request for Postponement to the March 8, 2018 hearing,
dated January 31, 2018.
On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board
voted 5-0 to grant the Request for Postponement to the March 8, 2018 hearing.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
February 8, 2018
Board Members Present: Acting Chairman, Ralph D. Clifford, Jeanne K. Krieger,
Edward D. McCarthy, David G. Williams, and Associate Member, Norman P. Cohen
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Address: 927 and 945 Waltham Street
The petitioner submitted the following information with the application: Nature and
Justification. Also received was a copy of a letter from David George, Zoning
Administrator, dated November 9, 2017 and a Vicinity Plan, dated October 11, 1984.
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 Office, Economic Development Office, and
Zoning Administrator.
The petitioner is requesting an ADMINISTRATIVE APPEAL OF THE ZONING
ADMINISTRATOR in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) section 135-9.2.2.3 to appeal the decision of the Zoning Administrator,
dated November 9, 2017, in reference to 927-945 Waltham Street (Wagon Wheel
Nursery and Farmstand).
The applicant submitted a Request for Postponement to the March 8, 2018 hearing,
dated February 1, 2018 and a request to extend the time be which to hold a hearing
from February 12, 2018 to March 8, 2018.
On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board
voted 5-0 to grant the Request for Postponement to the March 8, 2018 hearing and to
extend the time be which to hold a hearing from February 12, 2018 to March 8, 2018.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
February 8, 2018
Board Members Present: Acting Chairman, Ralph D. Clifford, Jeanne K. Krieger,
Edward D. McCarthy, David G. Williams, and Associate Member, Norman P. Cohen
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Address: 1833 Massachusetts Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Floor Plans, and Photographs. Also received was a Parking Calculation,
Request for waiver of site plan requirement, and an Owner Authorization.
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 Historic Districts Commission, Economic Development Office, and Zoning
Administrator.
The petitioner is requesting THREE (3) SPECIAL PERMITS in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington): 1.) SPECIAL PERMIT from
sections 135-8.7, 135-5.1.14, and 135-9.4 to allow zero (0) parking spaces instead of
the required net increase of four (4) parking spaces; 2.) SPECIAL PERMIT from 135-
5.2.8.27 135-5.2.10, and 135-9.4 to allow a second projecting sign; and 3.) SPECIAL
PERMIT from 135-5.2.8.1, 135-5.2.10, and 135-9.4 to allow a secondary wall sign.
The Chairman opened the hearing at 7:05 pm.
Presenter: Mr. Colin Smith, Architect
Mr. Smith stated the applicant is moving into the space previously known as Candy
Castle. The new tenant will be Abbott's Frozen Custard. They are classified as a fast
food and take-out use and as a take-out facility, the required parking would be 2. They
are proposing 16 seats which would require 4 parking spaces.
A Board Member, Ms. Krieger, asked if they are in a position to grant a Special Permit
for parking without the Special Permit for take-out in place. The Zoning Administrator,
Mr. George, stated that the parking Special Permit is useless until the Special Permit
for take-out is obtained. The Board may want to make a condition to their decision
which references this.
A Board Member, Mr. Williams, asked what the status is of the Parking in lieu of
Payment (PILOP) system (Mr. Smith responded that thay only becomes a requirement
if you're creating a new space). Mr. George stated the PILOP was made a policy
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through the Board of Selectmen and the PILOP would not be required in this case
because it's a tenant fit-out of an existing space regardless of the change of use.
Mr. Smith stated that the applicant is also proposing two (2) wall mounted signs and
two (2) blade signs. The Historic Districts Commission (HDC) approved the signs they
are proposing. The original store had two (2)wall signs. The signs the applicant is
proposing will be slightly larger. The second blade sign proposed will be more
pedestrian oriented. With the proximity to the Battle green and Visitor's Center, they
thought it would be better for visibility purposes.
Mr. Williams stated that building has no uniformity with signs (Mr. Smith stated all the
businesses have their own identity and the HDC was supportive of the variety of
signage on the building).
Mr. Williams stated that he has a concern with the trash in the alley from the tenants
not being picked up and with the unused flower pots. In addition, there is a lack of
shoveling by the tenants around the building (Mr. Smith responded that he will make
sure the new tenant is aware).
Ms. Krieger stated that she likes the variety of the signs and that they give character to
the businesses.
Mr. Williams asked where they are putting the 2nd door (Mr. Smith responded that if
they put in a door, it will be 2 windows down from the Via Lago entrance).
Mr. Cohen asked for clarification on the HDC comment in which they approved the 2nd
sign based on approval of the 2nd door (Mr. Smith responded that he is confused by
the comment because the HDC may have made that comment thinking they thought a
door would have to be there if there was a blade sign). Mr. George stated he can't
comment on the HDC's comment. In a CBC zoning district, more than one projecting
sign needs a Special Permit. A secondary wall sign is allowed if it's adjacent to an
entrance to a parking lot.
The owner of Abbott's Frozen Custard, Mr. Jason Denoncourt of 18 Lawrence Lane,
stated that he was present at the HDC meeting and one of the members thought it
should be a condition that if there is a blade sign there then there has to be a door
there.
The Board discussed adding a condition to the decision and stated that they should
acknowledge the condition from the HDC but they are not obligated to abide by
making it a condition to the ZBA decision. The Board agreed to add a condition to the
decision that unless a fast food permit is granted, the decision will have no effect.
There were no further questions from the audience.
There were no further questions or comments from the Board.
On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the Board
voted 5-0 to grant a waiver of 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 the THREE (3) SPECIAL PERMITS in accordance with the Zoning
By-Law (Chapter 135 of the Code of Lexington): 1.) SPECIAL PERMIT from sections
135-8.7, 135-5.1.14, and 135-9.4 to allow zero (0) parking spaces instead of the
required net increase of four (4) parking spaces; 2.) SPECIAL PERMIT from 135-
5.2.8.27 135-5.2.10, and 135-9.4 to allow a second projecting sign; and 3.) SPECIAL
PERMIT from 135-5.2.8.1, 135-5.2.10, and 135-9.4 to allow a secondary wall sign with
the approval of the parking waiver made contingent on a fast food special permit being
ultimately issued.
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
February 8, 2018
Board Members Present: Acting Chairman, Ralph D. Clifford, Jeanne K. Krieger,
Edward D. McCarthy, David G. Williams, and Associate Member, Norman P. Cohen
Administrative Staff: David George, Zoning Administrator and Jennifer Gingras,
Administrative Clerk
Other Business:
1) Minutes of Meetings from January 25, 2018 Hearing
On a motion by Jeanne K. Krieger, and seconded by Edward D. McCarthy, the
Board voted 5-0, to approve the minutes of January 25, 2017.
On a motion made and seconded, the meeting was adjourned.
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