HomeMy WebLinkAbout2019-03-28-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
March 28, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P.
Cohen, and Associate Member Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 7 Shirley Street
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 135-4.4.3 to allow more gross
floor area than otherwise allowed.
The petitioner submitted the following information with the application: Nature and justification,
plans, and elevations. Also received was a request for waiver of certified plot plan and (3) letters
in support of 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: Zoning
Administrator, Building Commissioner, and Historical Commission.
Presenter: James and Christina Leitch
The hearing opened at 7:00 PM
Mr. Leitch stated they are looking to put a small addition on the back of their house to add
dormers to the second floor space. They love their house, they just need more space. They
have a growing family with a four year old and a seven month old. The need for three bedrooms
and a guest bedroom is because they have family that travels from Scotland. Also, the laundry
is currently located in the basement. They would like to move that up to the second floor, which
is part of the reason for the increase.
No questions or comments from the audience.
No questions or comments from the Board.
On a motion made and seconded, the Board voted to close the hearing at 7:08 PM.
On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to
waive requirement for a certified plot plan.
On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger , the Board voted 5-0, for
a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) sections 135-9.4 and 135-4.4.3 to allow more gross floor area than otherwise
allowed.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
March 28, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P.
Cohen, and Associate Member Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 60-62 Woburn Street
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 reconstruction
of an existing two family dwelling.
The petitioner submitted the following information with the application: Nature and justification,
plot plan, floor plans, and elevations.
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: Zoning
Administrator, Building Commissioner, and Historical Commission.
Presenter: Domenico Gallinelli
The hearing opened at 7:09 PM
Mr. Gallinelli explained this is to propose reconstruction of a two family dwelling. The house was
built in the 1780's as a two family. It was protected as a two family use. It is in a non-conforming
situation which is why he had to come before the Board. Mr. Gallinelli stated he is not trying to
build greater than what is allowed. There will be no detriment to landscape because there are
other two families near that house. The house had been used as a two family its whole life.
Currently it has six bedrooms, three bedrooms in each unit. This is the same as what is
proposed. The Historical Commission voted unanimously to remove the house from the list
because they felt it no longer had any historical significance. There are two structural reports
that support that the house is unsound and needs to be rebuilt rather than repaired. Lexington is
in need of smaller more affordable units, that's what he is proposing. He again stated he would
not be adding any detriment.
A Board member, Nyles N. Barnert, asked if the footprint was staying the same (Mr. Gallinelli
responded no, he then showed the current footprint and the proposed footprint. He stated it is
increasing in size but meets all setbacks).
A Board Member, David G. Williams, stated his concern for the curb appeal. He asked if there
was any way Mr. Gallinelli could soften that (Mr. Gallinelli stated that because each unit has its
own requirements, those items need to be there. He also pointed out that the current driveway
goes all the way back so he is actually decreasing the asphalt).
Mr. Williams asked if he has consulted a landscape architect (Mr. Gallinelli responded he had
consulted an architect. He then stated it would be difficult to relocate the walk ways, but they
might be able to push them closer to the house).
Chair, Ralph D. Clifford, asked if the structure will conform will all other zoning requirements and
asked if there any plans to condominiumize (Mr. Gallinelli stated that is correct and no, he grew
up in Lexington, it is going to be an income property and he intends to keep it)
An audience member, Michael Ocean of 70 Woburn Street, spoke in favor of the petition.
No comments or questions from the Board. There were no further questions or comments from
the audience.
On a motion made and seconded, the Board voted to close the hearing at 7:22 PM.
On a motion by Jeanne K. Krieger and seconded by David G. Williams, the Board voted 5-0 to
approve 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 reconstruction of an existing two family
dwelling.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
March 28, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P.
Cohen, and Associate Member Nyles N. Barnert
Alternate Sitting: Nyles Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 428 Marrett Road
The petitioner is requesting a SPECIAL PERMIT, in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.1 to allow a sign to
be larger than otherwise allowed.
The petitioner submitted the following information with the application: Nature and justification,
and photographs. Also received was a request for waiver of 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: Zoning Administrator and Economic Development
Presenter: Tram Duong
The hearing opened at 7:23 PM
Tram Duong presented the petition on behalf of First Lash. Ms. Duong stated the front store
sign that is proposed is greater than the three feet maximum and this is why they are before the
Board. Their intent is to match the size of the adjacent sign which is LeDerm Laser. The
landlord would like uniformity. The store front is setback by a parking lot, a smaller sign could
harm the business. First Lash would be on second floor.
Chair, Ralph D. Clifford, announced to the Board further information was recently obtained
about the LeDerm Laser sign.
The Zoning Administrator stated the Building Department does not have a record for a building
permit for the LeDerm Laser sign. (Ms. Duong stated The LeDerm Laser sign does not have any
record of a permit. The last record is for Coldwell Bank sign in 1985. The DAC did conclude to
advise against approving this special permit because the sign they were matching was not pre-
approved).
A Board Member, David G. Williams, stated if the sign has lighting that was not approved either.
The Zoning Administrator clarified lighting would be part of the building permit, external
illumination is allowed. She added she had just found out today the existing sign does not have
a building permit.
Mr. Clifford stated if it is possible they may want to delay consideration of the second sign until
there is a better resolution.
Ms. Duong stated the business owner is eager to have something to identify the business,
putting up a smaller sign would do more harm than good. The other sign has been up for quite a
while.
A Board Member, Jeanne K. Krieger, asked if they are asking for lighting (Ms. Duong stated
they are just in charge of the sign, and doesn't know what the landlord will propose for external
lighting.).
Mr. Williams asked about the sign in the window of LeDerm Laser, he stated he finds that
offensive.
The Zoning Administrator stated signage inside the window is allowed.
Mr. Williams clarified the sign is outside the window (Zoning Administrator then stated no that
would not be allowed).
Ms. Duong asked if the Coldwell Banker sign was approved would that play any role, it was a
much bigger sign. (The Zoning Administrator replied if they were replacing the sign in like
dimensions they would only need a building permit. However it doesn't seem like they even
applied for a building permit).
Mr. Clifford encouraged them to think about a continuance.
Mr. Williams asked if this landlord is the same as all the other buildings in that area (Ms. Krieger
responded yes and that she agrees on a continuance).
Ms. Duong stated the business owner would like to have an answer as soon as possible (Mr.
Williams suggested a temporary sign).
There was a discussion of temporary sign terms.
Ms. Duong agreed to a continuance if it was what the Board advised.
The Zoning Administrator suggested to continue to the April 25th 2019 meeting.
On a motion by Nyles N. Barnet and seconded by Jeanne K. Krieger, the Board voted 5-0, for a
continuance to the April 25, 2019 meeting.
Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
March 28, 2019
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P.
Cohen, and Associate Member Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Other Business:
1) Minutes of Meeting from March 14, 2019 Hearing
On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 4-0
(Mr. Clifford abstained) in favor of approving the meeting minutes from the February 14, 2019
hearing.
On a motion made and seconded, the Board voted to adjourn.