HomeMy WebLinkAbout2018-10-11-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
October 11, 2018
Board Members Present: Chair Martha C. Wood, Ralph D. Clifford, Jeanne K. Krieger, David
G. Williams and Norm P. Cohen
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Other Business:
1) Board Reorganization, elect Chair, Vice Chair and Board Clerk
Chair Martha C. Wood nominated Ralph D. Clifford as the Chairman, Jeanne K. Krieger as
Vice Chair, and Martha C. Wood as Clerk
On a motion made by Norm P. Cohen and seconded by David G. Williams, the Board inducted
Ralph D. Clifford as the new Chairman of the Zoning Board of Appeals with Jeanne K. Krieger
taking the place as Vice Chair, and Martha C. Wood as Clerk.
Martha C. Wood turned the meeting over to Ralph D. Clifford as the new Chairman of the
Board.
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Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
October 11, 2018
Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger,
David G. Williams and Norm P. Cohen
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 4 Hancock Ave
The petitioner submitted the following information with the application: Nature and Justification,
Plot Plan, Elevations, and Floor Plans. Also received was one (1) letter of support from an
abutter.
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, Engineering Department, Historic Districts
Commission, 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 Chairman opened the hearing at 7:00 pm.
Presenter: Mr. Zoltan Juhaz of Barex One LLC
Mr. Juhaz states that he was present tonight to request a special permit for the proposed
construction at 4 Hancock Ave. Mr. Juhaz described the character of the neighborhood homes
as moderate in size with garages placed in the back of the home. Mr. Juhaz described the
home at 4 Hancock Ave as a home with several non-conforming issues which the special
permit will improve upon. This includes the set of stairs in the front of the house and a small
set of stairs on the side of the house.
Mr. Juhaz continued on to describe the setbacks. The existing garage is set back about 4.1
feet. The stairs are set back 3.9 feet and the stairs on the side are set back by about 6.1 feet.
The addition to the house and proposed garage will comply with all set back requirements.
The construction will eliminate all encroachments on setbacks.
Mr. Juhaz added that they are proposing to add a porch to the front of the building. It will be
set back 18 feet from the front and it will be more setback than the current existing stairs. Mr.
Juhaz is requesting that variance is given on the right side of the home. They are not
increasing the height of the proposed structure.
Chairman Clifford asked for any questions or comments from the board.
A Board Member, Mr. Williams, asked to confirm that the driveway setback was increasing
from 3.5 feet to 5 feet (yes).
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There were no questions or comments from the audience.
A Board Member, Mr. Cohen, asked Mr. Juhaz when construction would be set to begin
following approval by the ZBA (Mr. Juhaz stated that as soon as paperwork was complete and
approved they would begin construction). Mr. Cohen raised his concerns about how
neighbors would navigate through the street considering the amount of construction vehicles
that would occupy the streets (Mr. Juhaz reassured that the neighboring house is just in the
phase where many construction vehicles are needed. He explained that he has allowed the
neighboring property's construction vehicles to park in his area and that his vehicles will be
more compliant after the garage is moved back on the property which will allow for more
space).
A Board Member, Ms. Wood, asked if they need to complete a demo permit (Mr. Juhaz
affirmed that due to the nature of the construction only a partial demo is occurring so a demo
permit is not necessary even considering the demolition of the garage. Mr. Juhaz stated that
they have already received approval from the Conservation department and Historical District
Commission).
Chairman Clifford asked for any additional comments or questions.
Mr. Juhaz also requested a waiver from the requirement of a certified plot plan as he made
changes after meeting with the HDC.
There were no further questions or comments from the Board.
On a motion made and seconded, the Board closed the hearing at 7:23 pm.
On a motion by Martha C. Wood, and seconded by Norm P. Cohen, 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 Norm P. Cohen, the Board voted 5-0 to
approve the 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.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
October 11, 2018
Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger,
David G. Williams and Norm P. Cohen
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 3 Patriots Drive
The petitioner submitted the following information with the application: Nature and Justification,
Plot Plan, Elevations, Floor Plans, and seven (7) letters of support from abutters.
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 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 Chairman opened the hearing at 7:23 pm.
Presenter: Mr. Robert Phelan, contractor and Mr. Alberto Crema, owner
Mr. Phelan described the proposed demolition and expansion for the Crema home which is a
cape style house with a full shed in the back. Mr. Phelan explained that he had hired Marine
Giantino and his brother Phil Phelan to complete plans and assist with the proposed work for
the home.
Mr. Phelan continued on to explain that the original house built in 1960 was built too close to
the back lot line. In order to construct the second story onto the house, Mr. Phelan explained,
he needs to get approval for the setback at that height. There are no changes to the existing
house footprint. The setback in the back of the house will rise by 7.5 feet. Given the second
story addition, the house will continue to remain 2,800 sq. ft. under the GFA.
A Board Member, Mr. Williams, asked for confirmation that they were removing the chimney
(Mr. Phelan confirmed that yes, the chimney is being removed and being replaced with a gas
fireplace which will comply with the setbacks).
A Board Member, Mr. Cohen, was pleased to see that this house will not be torn down.
There were no further questions from the audience.
There were no further questions or comments from the Board.
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In a final statement, Mr. Phelan, in reference to Mr. Cohen's comment explained that putting
on the second story on the house minimizes the impact on the neighborhood.
A Board Member, Ms. Krieger, voiced her support for the detailed abutter's notification that
they had sent.
On a motion made and seconded, the Board voted to close the hearing at 7:31 pm.
On a motion by Norm P. Cohen, and seconded by Jeanne K. Krieger, the Board voted 5-0 to
grant to 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.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
October 11, 2018
Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger,
David G. Williams and Norman P. Cohen
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 137 Massachusetts Ave
The petitioner submitted the following information with the application: Nature and Justification
and Plans. Also received was a letter from the Design Advisory Committee (DAC), dated
September 26, 2018, and revised plans, revised October 23, 2018.
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 and Zoning Administrator
The petitioner is requesting a TWO (2) 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 wall sign larger than otherwise allowed.
Presentor: Mr. Mehmet Sahin of Falcon Graphics
The Chairman opened the hearing at 7:32 pm.
Mr. Sahin explained that after the meeting with the DAC, they made changes to the sign and
tried to do a channel letter backlight with LED behind it, also referred to as a halo sign. Mr.
Sahin presented the downsized proposed sign that was altered from 22.6 inches with 18 inch
letters and a logo that was 29 inches in height, colored in red and dark blue.
A Board Member, Ms. Krieger, stated that the Board did not want the new sign longer than the
old sign.
Mr. Sahin confirmed that he had measured the sign and the new sign will be 140 inches in
length which will be the exact same length as the previous sign. The sign will not be to
proportion.
A Board Member, Ms. Krieger, stated that the numbers stated by Mr. Sahin are inconsistent
with the numbers listed in the DAC report.
The Chairman stated that it may be beneficial to have a plot plan as the new sign appears to
be larger than the old sign.
A Board Member, Mr. Williams, raised his concern about lighting the sign until 11 pm.
Mr. Sahin stated that as far as he knows the sign will be turned off at 11 pm.
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A Board Member, Ms. Wood, asked what the hours of operation were.
The Zoning Administrator, Ms. Gingras, stated that the bylaw states that the sign can stay lit
until 11 pm.
A Board Member, Mr. Williams, stated that the business is in a residential neighborhood.
An Associate Board Member, Mr. Barnert, asked why they cannot have an externally
illuminated sign (Mr. Sahin stated because it is not the same kind of sign).
A Board Member, Ms. Krieger, recalled a recent request for an internally lit sign that was
rejected on the fact that it was located in a primarily residential neighborhood.
A Board Member, Mr. Williams, made it clear that Mr. Sahin's incomplete knowledge of the
business at hand was not his fault.
A Board Member, Mr. Cohen, noted that there is a small internally lit sign on the inside of the
business so why would a large lit sign be necessary.
The Zoning Administrator, Ms. Gingras, stated that if the Board is considering a condition then
they do need to know the hours of operation.
Mr. Sahin stated that the size of the sign should not be a concern because the neighboring
businesses' signs are larger than the proposed sign at large. However, if the Board feels the
need to change the size then the sign size can be changed in order to please the Board.
The Chairman proposed to take a straw vote in order to give the applicant an idea of how the
Board would vote.
A Board Member, Mr. Williams, stated that if the sign were to be turned off at 9pm then he
would not have an issue with it.
The Chairman casted a straw vote. The Chairman and Board Members, Ms. Krieger and Ms.
Wood would vote the special permit down.
A Board Member, Mr. Williams, recommended that the store manager attends the next
meeting in order to answer the lingering questions the Board has on the issue.
The Chairman explained that the Board does wish to preserve the town character and
proposed that the applicant continue the hearing and proposed more options for them.
A Board Member, Ms. Krieger, stated that she wishes to further explore what the Design
Advisory Committee has to say.
There were no further questions from the audience.
There were no further questions or comments from the Board.
Mr. Shahim agreed to continue the hearing and confirmed that he will present a new size and
new style.
On a motion made and seconded, the Board voted to continue the hearing until the November
8, 2018 meeting.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
October 11, 2018
Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger,
David G. Williams and Norm P. Cohen
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Address: 301 Massachusetts Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, and a Board of Appeals decision, dated December 12, 2013.
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, and Zoning Administrator.
The petitioner is requesting SPECIAL PERMIT RENEWAL in accordance with the Zoning By-
Law (Chapter 135 of the Code Lexington) sections 135-9.4 and 135-3.4, Table 1 (Permitted
Uses and Development Standards), Section L.1.01, to allow operation of a motor vehicle rental
business including hand washing, related office and administrative use and parking for no
more of 13 vehicles.
The Chairman opened the hearing at 7:59 pm.
Presenter: Ms. Becky Marcinkevich, Enterprise Rent-a-Car
Ms. Marcinkevich explained that Enterprise Rent-a-Car is coming to the end of their 5 year
special permit and are asking for a renewal. Ms. Marcinkevich explained that they do a lot of
business for the town and employ a lot of local employees. Ms. Marcinkevich received the
Conservation Department concerns about washing vehicles and confirmed that they have
been washing vehicles on site and will continue to do so under the special permit.
Ms. Marcinkevich described the washing process which takes place inside of the facility. She
explained that the oil water separator is cleaned out twice per year and can provide waste
manifest files if the Board would like to see them.
A Board Member, Mr. Williams, asked about the excise tax payment numbers provided to her
(Ms. Marcinkevich stated that those excise tax amounts were given to her by the operations
department at Enterprise).
A Board Member, Ms. Krieger, raised her concerns over the environmental impact of washing
the vehicles.
Ms. Marcinkevich assured the Board that over time washing cars has become more
environmentally conscious and uses less water now than ever before due to the utilization of
pressurized water and development of safer chemical cleaners.
There were no further questions from the audience.
There were no further questions or comments from the Board.
Ms. Marcinkevich voiced the positive relationship that Enterprise has had with the Town of
Lexington.
On a motion made and seconded, the Board voted to close the hearing at 8:05 pm.
On a motion made by Ms. Jeanne K. Krieger and seconded by Mr. Norm P. Cohen, the Board
voted 5-0 to grant a SPECIAL PERMIT RENEWAL in accordance with the Zoning By-Law
(Chapter 135 of the Code Lexington) sections 135-9.4 and 135-3.4, Table 1 (Permitted Uses
and Development Standards), Section L.1.01, to allow operation of a motor vehicle rental
business including hand washing, related office and administrative use and parking for no
more of 13 vehicles with the following conditions:
- The permit shall be renewed by December 31, 2023.
- The same conditions as the previous decision will be applied.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
October 11, 2018
Board Members Present: Chairman Ralph D. Clifford, Martha C. Wood, Jeanne K. Krieger,
David G. Williams and Norm P. Cohen
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative
Clerk
Other Business Continued:
2) Minutes of Meetings from September 27, 2018 Hearing
On a motion by Jeanne K. Krieger, and seconded by David G. Williams, the Board voted 5-0,
to approve the minutes of September 27, 2018 Hearing.
3) Review of ZBA Calendar
Zoning Administrator, Ms. Gingras confirmed that the prepared 2019 calendar had been
reviewed and had taken into consideration all holidays of all faiths.
4) CPTC 2018 Workshops
Ms. Gingras advertised to the Board several workshops they can opt to attend.
On a motion made by Martha C. Wood and seconded by Norm P. Cohen, the meeting was
adjourned.
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