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HomeMy WebLinkAbout2019-01-10-ZBA-min 1 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 10, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 11 Alcott Road CONTINUED FROM NOVEMBER 8, 2018 HEARING 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 a building to exceed the maximum gross floor area allowed. Applicant: Colin Smith Architecture O/B/O Kristin and Gary Ainsworth The applicant submitted a Request to Withdraw without Prejudice, dated January 9, 2019. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Norman P. Cohen, the Board voted 5-0, to allow the withdrawal without prejudice 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 a building to exceed the maximum gross floor area allowed. z Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 10, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Associate Member Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 53 Liberty Ave The petitioner submitted the following information with the application: Nature and justification, plot plan, elevations, floor plans and photographs. Also received was a request for waiver of certified plot plan and (7) 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 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 135-4.4.3 to allow more gross floor area than otherwise allowed. Presenters: Brigitte Steines, on behalf of Guy and Laura Shechter The hearing opened at 7:05 pm. Ms. Steines stated that they are before the Board to ask permission to add another story above an existing garage. The building was constructed in 2005 as a conforming structure. Due to the changing Zoning Bylaws the gross floor area (GFA) calculation brought the GFA above the allowed amount by about 60 sq. feet. The homeowners have experienced water damage due to the flow of water off of the roof. The homeowners brought in consultants to see what could be done. Ms. Steines continued to explain that snow traps in the corner of the roof causing water to accumulate. The accumulation over time has caused permanent damage to the roof. It was decided that the best way to manage the water flow was to raise the roof up to the same height as the rest of the roof. This would increase the GFA by 186 sq. feet which, per the Zoning Bylaws would total in an additional 246 sq. feet in excess GFA. Mr. Shechter explained that this small project which was brought to light by a home inspector has blossomed into a far bigger project than expected. Ms. Steines stated that there are 7 letters in support of the application filing. On a motion made and seconded, the Board voted to close the hearing at 7:12 pm. 3 On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood, the Board voted 5-0 to waive the requirement of a certified plot plan. On a motion by Ms. Martha C. Wood and seconded by Ms. Jeanne K. Krieger 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 135-4.4.3 to allow more gross floor area than otherwise allowed. 4 Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 10, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 321 Marrett Road The petitioner submitted the following information with the application: Nature and Justification and floor plans. Also received was a change of ownership agreement, dated January 7, 2019. 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 Health Department, Economic Development 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 135-3.4, Table 1 (Permitted Uses and Development Standards), Line J.1.02, to allow an establishment to have fast food service in a CN (Neighborhood Business) District. Presenter: Pushkar Neupane O/B/O Prime Group Investors, Inc. and Mr. Robin Omozin of Three Chefs, Inc. The hearing opened at 7:13 pm. Mr. Neupane explained that they are before the Board tonight to renew a special permit which they had missed this past year. The restaurant will be changing ownership from the Prime Group of Investors to Three Chefs, Inc. Three Chefs Inc. will be changing the name of the restaurant. Ms. Krieger asked what the hours of operation will be. Mr. Neupane stated that the restaurant will be open from 9am to 9pm on Sunday, from 11 am until 9pm Monday through Friday and Saturdays from 9am to 9pm. Mr. Cohen inquired if Mr. Neupane had applied for his Common Victualler License with the same operating hours. Mr. Neupane confirmed. Mr. Omozin stated that they hope to offer brunch on the weekends. 5 Mr. Williams reminded the applicant that rubbage barrels must be maintained. Mr. Williams added that sandwich boards are regulated by the town. Chairman Clifford stated that the signs that hang in the restaurant are regulated by the town. Chairman Clifford added that it should be a condition to post the ZBA decision on public display in the restaurant to ensure future timeliness for permit renewal. An audience member, Ms. Andrea Luke of 307 Marrett Road, stated that she cannot open her windows in the summer because of the terrible aroma wafting from the restaurant. Ms. Luke was greatly concerned regarding the food being offered in the restaurant given the new ownership. Mr. Omozin confirmed that the restaurant will only be making minor changes to the menu. They hope to additionally offer brunch which will include fruit and eggs. Ms. Luke asked if the menu would change would the applicant be required to go before the Board. Chairman Ralph D. Clifford stated that they would not. On a motion made and seconded, the Board voted to close the hearing at 7:26 pm. Chairman Ralph D. Clifford added the condition to the SPECIAL PERMIT to require the applicant to post the ZBA decision publically and that the special permit be renewed after 3 years. On a motion by Ms. Martha C. Wood and seconded by Ms. Jeanne K. Krieger, the Board voted 5-0 to approve SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) Sections 135-9.4 and 135-3.4, Table 1 (Permitted Uses and Development Standards), Line J.1.02, to allow an establishment to have fast food service in a CN (Neighborhood Business) District on the condition that the applicant post the ZBA decision publically in the restaurant and will expire after three years. The permit was conditioned on all of the conditions in the previously granted Special Permit with the open hours modified to 11:00 am-9:00 pm on Monday through Friday and 9:00 am-9:00 pm on Saturday and Sunday. 6 Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 10, 2019 Board Members: Acting Chair - Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 251 Waltham Street The petitioner submitted the following information with the application: Nature and justification, plot plan, elevations and photographs. Also received was a FCC License, radio frequency compliance study and one letter from an abutter dated January 17, 2019. 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 hearing opened at 7:28 pm. 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 135-6.4 to allow a wireless communications facility. Presenter: Daniel Klasnick, O/B/O/ Cellco Partnership D/B/A Verizon Wireless Mr. Klasnick is before the Board as a representative of Verizon Wireless. He is before the board doing business as Verizon Wireless to ask for the installation of an antenna ray on the Lexington High School campus. There is a smaller cell right of way currently being installed by MassDOT in the area however, due to increasing demand for network speed the company is asking to install a wireless communications facility to attend to the needs of the community. Mr. Klasnick stated that they have already been before the Communications Advisory Committee and the Design Advisory Committee. Mr. Klasnick explained that they will be utilizing existing infrastructure. The antenna will be mounted onto a 4 foot fiberglass extension. No ground equipment will be necessary for the installation. Verizon Wireless will work with Eversource to coordinate where Verizon can be best located. Mr. Cohen voiced his concern regarding double poles in Lexington. Mr. Williams asked how the installation will change the service currently being provided. Mr. Klasnick stated that this will be a 4G wireless communications facility. 7 An abutter, Mr. Derrick White at 4 Baskin Road, raised his great concern regarding the justification of installing an additional wireless communications antenna in the area. Mr. White questioned the capacity of the current system and the capacity of the new system stating that the needs of the current system is possibly being addressed already. Mr. White cited the town bylaws and reminded the Board that it is an objective of the town to minimize the wireless communication towers in the community. Mr. White continued to explain that there is currently a tower 1500 feet from the proposed one. This tower is located on their property. Mr. White believes that the services being offered by the communications tower on their property may be overlapping in coverage with the proposed antenna. Mr. White asked if there are any zoning regulations that govern the proposed tower. The Zoning Administrator, Ms. Jennifer Gingras, stated that since the tower will be installed in a government/civic zone that it does not have to abide by the town bylaws. An abutter and partner of Mr. Derrick White, Ms. Mary White also located at 4 Baskin Road, presented before the Board. Ms. White continued to explain the negative impacts that the tower installed on their property has had on their lives. The tower is currently aligned with the second story of their home. Ms. White stated that the radio frequency and magnetic field emanating from the tower has continued to impact her family. Ms. White has made many attempts to remove the communications tower but has received no communication from Verizon Wireless regarding her complaints and possible resolutions. Ms. White stated that her neighbors have supported her efforts to remove the tower. Ms. Krieger asked what authority the Zoning Board of Appeals has over the tower at large. It was decided that the Board has no jurisdiction regarding the tower on Baskin Road. Mr. Cohen asked if a technical expert could come before the Board to help explain the technical aspects of the impact that the proposed antenna would have. Mr. Klasnick stated that included in their application is the proper paperwork regarding the technical aspects of the proposed project. This includes a health study which the FCC has exclusive jurisdiction over. Mr. Klasnick reiterated that the Communications Advisory supported. Ms. White stated that she believes there is no need for this proposed antenna. Ms. Wood asked how much overlap in coverage there would be once the proposed antenna is installed. Ms. Masterman thanked Mr. and Mrs. White for sharing their story. She asked the abutters if the tower on their property was not there then would they be in front of the ZBA today regarding this tower. Mr. Klasnick stated that they are before the ZBA not out of necessity but rather at the recommendation of the Town Counsel. 8 Ms. White pointed out that the new service provided by the proposed tower is not to be a spherical range but rather a directed range which would prove it not necessary. Mr. Klasnick requested that the hearing be continued to the next ZBA meeting. On a motion made by Mr. Norm P. Cohen and seconded by Ms. Martha C. Wood, the Board voted 5-0 to continue the hearing until January 24, 2019. 9 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 10, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator Other Business: 1) 30 Dexter Rd — Minor Modification to Special Permit, dated May 24, 2018; Chairman Ralph D. Clifford stated that as a recommendation by Town Counsel that this hearing be continued until the settlement is complete. An abutter, Mr. Tom Wanderer at 65 Gleason Road, stated that he is the neighbor involved in the court case. Mr. Clifford advised him that this matter needs to be continued until the Court has issued an order. On a motion by Ms. Jeanne K. Krieger and seconded by Mr. Norm P. Cohen voted 5-0 to continue the matter until February 14, 2019. 2) Minutes of Meetings from December 13, 2018 Hearing. On a motion by Ms. Jeanne K. Krieger and seconded by Ms. Martha C. Wood voted 5-0 to approve the meeting minutes from the December 10, 2018. On a motion made and seconded, the Board voted to adjourn.