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HomeMy WebLinkAbout2019-07-25-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member Nyles N. Barnert Alternate Sitting: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 46 Winter Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington, to allow a maximum of 50 cubic yards of fill to be brought to the property. The petitioner submitted the following information with the application: Nature and Justification. Also submitted was a storm water 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 the Building Commissioner, Conservation Administrator, and Engineering Department. Presenter: Surit Prakash The hearing opened at 7:00 PM Mr. Prakash stated he addressed all previous concerns. He hired a topography expert who has looked at the plans. There is no longer any negative impact on the neighbors. The water flow is not changing in any way that will affect his neighbors. They designed a water management system that handles 600 cubic feet of water with a drain. This will make their yard look more presentable and in-kind with their neighbors. A Board Member, Martha C. Wood, stated her concern about the fill being clean fill (Mr. Prakash stated it will be certified by the City inspector). A Board Member, Nyles N. Barnert, asked if the Engineer was a Soil Engineer Hydrologist (Mr. Prakash stated they are a Certified Soil Engineer, they are an independent contractor). Acting Chair, Jeanne K. Krieger, stated the Town Engineer had a number of questions. In addition to wanting to know about the cleanliness of the soil, they wanted to know about the soil type to assure it would adequately drain. They also had questions regarding the re-charge calculations and if the recharge system would be 10 feet from property line (Mr. Prakash stated he will move it to 10 feet, this is an extra catch). A Board Member, Norman P. Cohen, stated if it's moved that would have to be a condition. He then stated his concern for the steep drop and asked about water run-off(Mr. Prakash stated they like the steep drop and that's how they want it. There will be sod to prevent runoff). Mr. Barnert stated sod can be washed away (Mr. Prakash responded the soil Engineer said the grade is acceptable). Ms. Krieger stated there is ambiguity that there will not be any runoff. Ms. Krieger asked if Mr. Prakash would agree to a condition to apply for a storm water management permit, if this was approved. That way the Engineering Department can review the plans (Mr. Prakash agreed). An audience member, Olga Simek of 2 Magnolia Lane, stated in May Mr. Prakash mentioned he was going to bring in 50 cubic yards. She asked if that was still the plan and asked to see the plans (Mr. Prakash stated that was still the plan and he thought the town was sending her the plans). An audience member, Steve Altman of 4 Heritage Drive, clarified the plans submitted and made clear they do not adequately show what needs to be done. He then stated his concern for water run-off. Ms. Simek stated her concern about the grade. She submitted pictures to the Board and stated the pictures show there has already been erosion. Ms. Krieger stated they will need to get the plans changed. She suggested a withdrawal or a continuance so they can satisfy the Engineering Department and apply for a storm water management permit. Mr. Cohen stated they should have the Engineering department of Lexington look at this. If he withdraws he needs to start over again. Mr. Williams stated the Conservation comments are relevant and should be considered. He suggested if they continue Mr. Prakash should bring the Engineer to the next Hearing. Ms. Krieger suggested a continuance and that he discuss with his Engineer, the Lexington Engineering Department and the Conservation Administrator. She stated they have not seen any data to support the statement that the runoff is being adequately addressed. They need the correct plans that have the drainage system within 10 feet of property line. Come next time with Engineer and the correct plans. On a motion by Martha C. Wood and seconded by Norman P. Cohen, the Board voted 5-0, to continue the Hearing to August 8, 2019. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member James Osten Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 0 Doran Farm Lane 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 135-5.2.8.3 to allow a standing sign in front of the entrance to Morrow Crossing. 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 Engineering Department and the Zoning Administrator Presenter: Richard L. Neumeier, representative for Morrow Crossing The hearing opened at 7:34 PM Mr. Neumeier stated it is hard to find Morrow Crossing because they do not have a sign. Some people think it is okay to park at Doran Farm Lane. They don't want to imply that public parking is permitted. The neighbors at Fisk Common came up with this idea years ago. A Board Member, Norman P. Cohen, asked who plows Doran Farm Lane (Mr. Neumeier responded they pay for it to be plowed, they looked into getting the street accepted but it is not wide enough). The sign regulations and size restrictions were discussed. Acting Chair, Jeanne K. Krieger, asked about a condition for no lighting (Mr. Neumeier stated there already is lighting in the area so when lights go on you'll be able to see that sign). Mr. Krieger asked if he would agree to a condition that there be no additional lighting (Mr. Neumeier agreed). A Board Member, David G. Williams, stated his concern for the beam on top of the sign being made of plastic and asked if he would be willing to use a metal bar (Mr. Neumeier stated yes). A Board Member, Nyles N. Barnert, asked if he had accepted the Design Advisory Committee comments (Mr. Neumeier stated he had agreed he would take up the suggestions with the Board. He then read the conditions and agreed to all). Ms. Krieger clarified the conditions would be to accept all Design Advisory Committee comments, no additional illumination and use a metal bar on the top of the sign similar to the Fiske Common sign. On a motion made and seconded, the Board voted to close the hearing at 7:51 PM. On a motion by Martha C. Wood and seconded by Norman P. Cohen, the Board voted 5-0, to grant a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.3 to allow a standing sign in front of the entrance to Morrow Crossing with the following conditions: • Design Advisory Committee recommendations be accepted • No additional lighting • A metal bar on the top of the sign Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member James Osten Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 848 Massachusetts Avenue 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 135-5.2.8.2 to allow a projecting sign. The petitioner submitted the following information with the application: Nature and Justification and 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 Historic District Commission and the Zoning Administrator. Presenter: Grant Gao, Designer The hearing opened at 7:52 PM Mr. Gao stated the previously installed sign has been removed. The owner thought the sign was included in the original awning permit. They would like to legalize the sign and put it back up. Acting Chair, Jeanne K. Krieger, stated the proposal requires review by the Historic District Commission sense it is in the Historic District. Until they have appeared before the Historic District Commission the Board cannot act on this today and it will have to be continued. There was a discussion about the photos submitted and previous signs. A Board Member, David G. Williams, stated there are too many signs advertising the store currently. There are window signs that they are not allowed to have. (Mr. Gao responded the banner has been taken down and he will work with his client to fix this). Mr. Krieger suggested a continuance. On a motion by James Osten and seconded by Norman P. Cohen, the Board voted 5-0, to continue the Hearing to September 12, 2019. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member James Osten Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 6 Blinn Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1 (Table 2, Schedule of Dimensional Controls) to allow a 25 ft. frontyard setback instead of the required 30 ft. The petitioner submitted the following information with the application: Nature and Justification, topographic map, and a 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 the Building Commissioner, Conservation Administrator, and the Zoning Administrator. Presenter: Lauren K.H. Dillion, Property Owner and Molly Obendorf, Engineer The hearing opened at 8:04 PM Ms. Obendorf stated the existing site contains a single family dwelling. There are extensive wetlands in the back that wrap around the existing foundation. They have had several meetings with Conservation and they proposed this design. It is more financially feasible to remove and construct a new house than to renovate. The Conservation Commission requested they go before the Zoning Board of Appeals to request a variance to provide a buffer. They pulled the foundation five feet off the wetland line. There was a discussion about the proposed gross floor area. An Alternate Member, Nyles N. Barnert, stated they originally requested a 22 foot setback (Ms. Obendorf stated that was an error, they were thinking of looking for buffer but are no longer requesting that). Acting Chair, Jeanne K. Krieger, stated the need for a variance is clear. A Board Member David G. Williams, stated his concern for future owners being aware of the wetlands line (Ms. Obendorf stated the Conservation Commission made a condition for them to put in some kind of rock wall or boulders to mark the wetlands line). On a motion made and seconded, the Board voted to close the hearing at 8:12 PM. On a motion by James Osten and seconded by Martha C. Wood, the Board voted 5-0, to grant a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1 (Table 2, Schedule of Dimensional Controls) to allow a 25 ft. frontyard setback instead of the required 30 ft. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member James Osten Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 113-115 Hartwell Avenue 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, 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 On a motion by James Osten and seconded by Norman P. Cohen, the Board voted 5-0, to postpone the Hearing until August 8, 2019. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member James Osten Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1686 Massachusetts Avenue 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 135-3.1.6 to allow a Real Estate Office in the CB Zoning District. The petitioner submitted the following information with the application: Nature and Justification and floor plans. Also submitted was a request to waive the required 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 the Zoning Administrator. On a motion by Martha C. Wood and seconded by James Osten, 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 135-3.1.6 to allow a Real Estate Office in the CB Zoning District. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 25, 2019 Board Members: Acting Chair— Jeanne K. Krieger, Norman P. Cohen, David G. Williams, Martha C. Wood and Associate Member James Osten Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1) Minutes of Meeting from June 27, 2019 Hearing On a motion by Martha C. Wood and seconded by David G. Williams, the Board voted 5-0 in favor of approving the meeting minutes from the June 27, 2019 hearing. 2) Minutes of Meeting from July 11, 2019 Hearing On a motion by David G. Williams and seconded Norman P. Cohen, the Board voted 4-0 in favor of approving the meeting minutes from the July 11, 2019 hearing. Board Member Martha C. Wood abstained from voting in the 7-11-19 minutes. On a motion made and seconded, the Board voted to adjourn.