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HomeMy WebLinkAbout2026-05-14-ZBA-min.pdfMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom May 14th, 2026, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Kathryn A. Roy Administrative Staff: Jim Kelly, Building Commissioner, and EmmaJean Anjoorian, Department Assistant Address: 7 Depot Square (ZBA-26-4) The petitioner is requesting ONE (1) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.1.4, and 135-5.1.14 to allow zero (0) parking spaces instead of the required seven (7) spaces for a restaurant in the CB (Central Business) Zoning District. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, and a Certified Proposed Plot Plan Waiver Request. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, the Conservation Director, the Town Engineer, the Select Board, the Planning Director, the Historic District Commission Clerk, the Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator, the Building Commissioner, the Select Board, and the Health Department. At 7:06 p.m., the Hearing opened. Petitioner: Frederick Gilgun on behalf of 22 Commune, Inc. Mr. Frederick Gilgun, attorney at Nicholson, Sreter, and Gilgun, 33 Bedford St., began his presentation, by stating that he represents 22 Commune, Inc., who will be doing business as Commune All Day Café. Mr. Gilgun then stated that Mr. Smiral Patel owns the café. Mr. Gilgun continued by explaining that they seek a special permit for 7 Depot Sq. pursuant to section 5.1.4 of the Lexington Zoning Bylaw to permit the operation of a restaurant café with no onsite parking. Mr. Gilgun then explained that the building is bound by Massachusetts Avenue, Depot Square, and Edison Way and further explained that 7 Depot Sq. resides in the rear of the building and is accessed by an entrance on Depot Square. Regarding parking, Mr. Gilgun stated that the property has convenient access to metered parking spots on Massachusetts Avenue, Depot Square, and Edison Way, as well as the Depot Square parking lot. Mr. Gilgun also noted that the property resides within fifty (50) feet of the Minuteman Bike Path and is a short walk from many of the residential neighborhoods that surround the downtown area. Mr. Gilgun explained that Mr. Patel proposes establishing a thirty-five (35)-seat café that will operate for breakfast, lunch, and dinner, and elaborated that the café will serve a fast-casual, global cuisine. Mr. Gilgun then stated that the proposed use is consistent with the character of the downtown area and that a restaurant use is customary and appropriate. Mr. Gilgun also noted that they believe that the café will enhance the vitality and walkability in the area. Mr. Gilgun then reiterated that the establishment will have ample parking options near it as well as pedestrian and bike traffic. Mr. Gilgun then stated that the café is relatively modest in size and has limited seating capacity, which also limits the need for parking. Mr. Gilgun further stated that the establishment will not have a negative impact on traffic in the downtown area and reiterated that the use is consistent with the surrounding commercial activity level. Mr. Gilgun then explained that they believe that the proposal advances the purposes of the Zoning Bylaw by encouraging pedestrian-oriented commercial activity, by supporting the local business and economic development, by promoting active use of existing commercial properties, and by enhancing the vibrancy of the downtown area. Mr. Gilgun then explained that the requested relief is consistent with the long-standing development and permitting pattern within downtown Lexington and the Depot Square area and stated that numerous commercial and retail establishments operate without dedicated on-site parking. Mr. Gilgun concluded by asking the Board to approve the special permit pursuant to Section 5.1.4 by finding that modifying the parking requirements under 5.1.1 can be granted while keeping the objectives of 5.1.1 and noted that the café will have adequate parking and will not have any negative impacts. Ms. Roy asked if there was another restaurant that had no parking. Mr. Gilgun named some restaurants that did not have parking. Ms. Roy then asked how many employees will work at the restaurant during peak times. Mr. Patel answered that they will have five (5) to eight (8) employees for peak hours and that the restaurant will have two rotating shifts Mr. Barnert asked where the thirty-five (35) seats would fit in the establishment. Mr. Gilgun showed the floor plan with the seating arrangements. Mr. Barnert then asked what the café will serve for breakfast, to which Mr. Patel summarized the café’s breakfast menu. Mr. Barnert then asked if people would come in and sit in the restaurant, which Mr. Patel confirmed. Finally, Mr. Barnert asked how Mr. Patel plans to handle the trash. Mr. Patel stated that the had met with the landlord and a member from the Board of Health, and explained that directly behind the back entrance, a handicap spot will shift one spot over in the same line to add a fenced in trash and recycling. Mr. Patel stated that the trash will be picked up every week and that the recycling will be picked up every other week. Mr. Cohen asked Mr. Patel if he plans to put in stoves since the current space does not operate as a restaurant and asked Mr. Patel when he hopes to go into business. Mr. Patel highlighted on the floor plan where the two convection ovens will reside and stated that a hood will go over to collect the steam. Mr. Patel stated that the Board of Health and revied and approved his plans. Mr. Osten asked Mr. Patel if he plans to bake his own baked goods before 6:00 a.m. Mr. Patel responded that a bakery would supply the bread and baked goods. Mr. Patel stated that the bakery will deliver the goods and that he does not anticipate baking in the kitchen. No further questions from the Board. No further comments or questions from the Public. No further questions from the Board. Mr. Gilgun stated that he believed that the restaurant is a good use of the space and that there is ample parking to support the restaurant. At 7:20 p.m., Mr. Clifford moved to close the hearing. At 7:20 p.m., Mr. Barnert seconded Mr. Clifford. At 7:20 p.m., the hearing closed (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Kathryn A. Roy – Yes). Mr. Clifford noted that the applicant will need to obtain other permits and that based on the presentation, those permits are underway. Mr. Clifford stated that Mr. Patel will need to talk to the Select Board to get a permit from them. No further discussion from the Board. At 7:21 p.m., Mr. Clifford moved to waive the certified plot plan requirement. At 7:21 p.m., Mr. Osten seconded Mr. Clifford At 7:21 p.m., the Board waived the certified plot plan requirement (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Kathryn A. Roy – Yes). At 7:21 p.m., Mr. Clifford moved to approve the petition. At 7:21 p.m., Mr. Cohen seconded Mr. Clifford. At 7:22 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant ONE (1) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4, 135-5.1.4, and 135-5.1.14 to allow zero (0) parking spaces instead of the required seven (7) spaces for a restaurant in the CB (Central Business) Zoning District (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Kathryn A. Roy – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom May 14th, 2026, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Kathryn A. Roy Administrative Staff: Jim Kelly, Building Commissioner, and EmmaJean Anjoorian, Department Assistant Other Business: 1. Minutes from the March 26th, 2026, Meeting At 7:22 p.m., Mr. Clifford moved to approve the minutes. At 7:22 p.m., Mr. Barnert seconded Mr. Clifford. At 7:22 p.m., The Board of Appeals voted four (4) in favor, zero (0) opposed, and one (1) in abstention to approve the minutes from March 26th, 2026, Hearing (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Kathryn A. Roy – Abstain). At 7:22 p.m., Mr. Clifford moved to adjourn the meeting. At 7:22 p.m., multiple Board Members seconded Mr. Clifford. At 7:22 p.m., the Board voted to Adjourn (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Kathryn A. Roy – Yes).