HomeMy WebLinkAbout2019-02-14-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
February 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, Norman P.
Cohen and Nyles Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 4 Jean Road
The petitioner submitted the following information with the application: Nature and justification,
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.
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.
Presenter: Eric M. Wells and Hallie A. Wells
The hearing opened at 7:00 pm
Hallie Wells stated there was a huge storm on March 2nd, 2018 that uprooted a tree in the
neighbor's lawn. The tree fell and took down their sunroom and deck. They saw this as an
opportunity to expand the deck so they can add a grill and a table on the deck. They host family
functions and saw this as an opportunity to gain an additional ten feet.
Ms. Wells made a final statement restating they really would love a bigger deck.
There were no questions or comments from the Board.
There were no questions or comments from the audience.
On a motion made and seconded, the Board voted to close the hearing at 7:07 pm.
On a motion by Jeanne K. Krieger and seconded by Nyles Barnert the Board voted 5-0 to
APPROVE the request for 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
February 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, Norman P.
Cohen and Nyles Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 319 Lowell Street
The petitioner submitted the following information with the application: Nature and justification,
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 Administrator,
the Design Advisory Committee and Economic Development.
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-5.2.6.8 and 135-5.2.10 to allow a
commercial sign to be placed in a residential district.
Presenter: Nikhil Shah
The hearing opened at 7:08 pm
Nikhil Shah is proposing to place a sign in front of the Massachusetts Buddhist Association
located at 319 Lowell Street.
Mr. Shah stated they want the sign to be updated because as it stands now it is difficult to see.
The sign is proposed to be modern and to advertise the organization. It will be subtle because
this is a spiritual organization.
A Board member, Nyles Barnert asked if this was going to be a replacement sign (Mr. Shah
responded yes. He stated there were concerns about the setback, the sign will be 12 feet from
the curb as is the existing sign so it will not be blocking the road when people pull out of the
parking lot. He understood there was also a height concern and explained the current sign is
eighty four inches and the proposed sign is seventy eight inches. Therefore it is less than the
existing sign).
Mr. Barnert questioned if there was going to illumination (Mr. Shah stated the sign is not
illuminated).
Chair, Ralph D. Clifford stated the design committee talks about the posts and caps and asked if
the sign was going to be built with aluminum and not PVC (Mr. Shah stated that was correct
they will be done in aluminum).
A Board member, Martha C. Wood questioned why in the proposed plan is the posts brown and
if it's going to be brown aluminum (Mr. Shah stated it will be painted gold to match the writing on
the sign).
A Board member, Norman P. Cohen asked about the amount of parking available and how it
affects traffic (Mr. Shah stated there is a good amount of parking, about 10-15 cars).
On a motion made and seconded, the Board voted to close the hearing at 7:13 pm.
On a motion by Jeanne K. Krieger and seconded by Nyles Barnert the Board voted 5-0 to
approve the request for a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) sections 135-5.2.6.8 and 135-5.2.1 Oto allow a commercial sign to
be placed in a residential district.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
February 14, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, Norman P.
Cohen and Nyles Barnert
Alternate Sitting: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Other Business:
Chair, Ralph D. Clifford stated 30 Dexter Road has been removed from the agenda because the
court has already ordered the Board not to consider it as a minor modification. He stated they
do not know at this point what the applicant will choose to do.
An abutter, Michael Smoler 63 Gleason Road, stated the court said there was going to be
another hearing, it wasn't on the calendar but the clerk told him there was another meeting. He
did not understand the communications he received that the applicant was getting a building
permit. He was concerned the Board approved this in some way (Mr. Clifford responded by
stating when there is a settlement of this kind the court will refer it back to the Board allowing
the Board just to modify its decision in accordance with the settlement. For whatever reason the
court did not do that in this case and ordered for there to be a whole new hearing. The owner
may be changing plans, if he follows zoning By-laws he does not need to go back to the Board).
Mr. Smoler then stated he doesn't want to go back to court and he doesn't object to the antenna
as long as it follows zoning rules. He's concerned the town is waiving safety. The town did not
include the communications advisory committee, which the FCC recommends be involved
because of radiation. The town clerk told him to challenge the permit (Mr. Clifford stated if he
applies for a building permit and the proposal complies with rules and regulations a building
permit it will be issued. There are proceedings to challenge that. Radio safety is not in the
Board's jurisdiction).
1) Minutes of Meeting from January 24, 2019 Hearing
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0 in
favor of approving the meeting minutes from the January 24, 2019 hearing.
On a motion made and seconded, the Board voted to adjourn.