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HomeMy WebLinkAbout2019-09-12-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: Nyles N. Barnert 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 was re-opened at 7:00 PM Mr. Prakash stated he did not have time to respond to the Town engineer comments and requested a continuance. On a motion by Martha C. Wood and seconded by Norman P. Cohen, the Board voted 5-0, to continue to September 26, 2019 Hearing. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen 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 applicant requested a withdrawal. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 5-0, to withdraw without prejudice. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 98 East 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 modification to a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, floor plans, and photographs. Waiver for 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 Conservation Administrator, the Engineering Department, the Health Department, and the Zoning Administrator. Presenter: Colin Smith The hearing was opened at 7:06 PM Mr. Smith stated this is a property that has wetlands and is an irregular shaped lot. Their proposal is to replace the uncovered front stoop with a covered front stoop. The stoop comes ten inches closer to the front yard lot line than the existing non-conforming condition. The need for covering will make the entrance safer and there will be no adverse impact to abutters. This proposal was approved by conservation last week. They are in compliance with the gross floor area bylaw. Associate Member, Nyles N. Barnert, stated the box windows are encroaching. He asked why add those windows (Mr. Smith responded the feature is to bring in more daylight and it's not projecting any further than the existing footprint). On a motion made and seconded, the Board voted to close the hearing at 7:11 PM. On a motion made by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0, to grant a waiver request for a certified plot plan. On a motion by Jeanne K. Krieger 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 135-9.4 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 September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 136 East Emerson Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.1.11 (1) and 135-5.1.14 to allow a driveway to be located 2 feet from the side lot line instead of the required five feet. The petitioner submitted the following information with the application: Nature and Justification, and a waiver request for a 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. Presenter: Rina Schneur and Avner Schneur The hearing opened at 7:12 PM Mr. Schneur stated this proposal is to accommodate his daughter's car. Its six feet wide and two feet from edge. A Board Member, Norman P. Cohen, asked why this is necessary (Mr. Schneur responded there is no place to put their daughter's car or the snow). Ms. Schneur added the property next-door is the driveway not the house. Chair, Ralph D. Clifford, confirmed that they own the parcel next door and that it is rented out (Mr. Schneur responded that was correct). Snow plowing was discussed. A Board Member, David G. Williams, suggested they expand the driveway on the right side (Mr. Schneur stated this is the front of the house). Mr. Williams stated one cannot go within 5 feet of the side yard setback. He stated at some point they could sell the house next door. There is a legitimate place they could they could do it to the right. A Board Member, Jeanne K. Krieger, asked why they can't do it closer to the road because that's where the property line goes out and gives them more of a setback (Mr. Schneur stated it would look strange). The width of the driveway was clarified. Mr. Cohen asked if they are going to plow the extension (Mr. Schneur stated they will have to plow by hand). On a motion made and seconded, the Board voted to close the hearing at 7:20 PM. Ms. Krieger stated she agreed with Mr. Williams and she will be voting against this proposal. A Board Member, Martha C. Wood, stated she agreed as well. She could see them putting the extension at the end of the driveway or do tandem parking. She stated she is not in favor of this proposal. Mr. Cohen stated when he went to the house he questioned if this was really necessary. We have these zoning laws and if everybody did that there would be less grass. He stated unfortunately he can't vote for the proposal. Mr. Clifford stated he would vote against this for previously stated reasons. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 0-5, to grant a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.1.11 (1) and 135-5.1.14 to allow a driveway to be located closer than five feet to the property line. As a result, the proposal was denied. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norma P. Cohen Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 682 Marrett Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-6.7.6 to allow an expanded accessory structure. The petitioner submitted the following information with the application: Nature and Justification, plot plan, elevations, floor 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 Health Department, Building Commissioner and the Zoning Administrator. Presenter: Myrna Helen Perez and Luis Andres Perez The hearing opened at 7:23 PM Mr. Perez stated based on his understanding of sections 135-6.7.6.1 he believes he has met the metrics specified for the expanded accessory apartment. Based on these metrics the maximum gross floor area is 2,394 square feet. This proposal is asking for 1,200 square feet. The proposed addition will be in architectural harmony with the existing dwelling and will be keeping in character of the social structure of the neighborhood. The project will provide a much needed small dwelling to the town to increase tax base. He proposes to add an additional bay to the garage and dormers with an apartment on the upper level. Chair, Ralph D. Clifford, stated as the garage is set up its physically attached. It can't be a separate building. It needs to stay that way. He proposed a condition that the garage has to be maintained as a single building with the house. The status of the existing trees was discussed. On a motion made and seconded, the Board voted to close the hearing at 7:29 PM. On a motion by Jeanne K. Krieger 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 135-9.4 and 135-6.7.6 to allow an expanded accessory structure, with the condition that the garage and house maintain their status as a single building. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, and Norman P. Cohen and Associate member Nyles N. Barnert. Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 43 Gleason Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming accessory structure. The petitioner submitted the following information with the application: Nature and Justification, Plot plan, elevations, and floor plans. Also received was an abutter letter in support. 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 Planning Department and the Zoning Administrator. Presenter: Rhonda Black and Eugene Foley The hearing opened at 7:30 PM Mr. Foley stated there is an existing poorly constructed garage on the property that will not fit a car. The garage is not in shape where they could repair it. The existing structure is 13ft from the property line. The yard floods in the spring and they put through a drainage system. If they do not use the existing setback it would hit the drain. They are hoping to maintain the existing wall and part of the foundation. On a motion made and seconded, the Board voted to close the hearing at 7:34 PM. On a motion by Jeanne K. Krieger 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 135-9.4 and 135-8.4.2 to allow modification to a non-conforming accessory structure. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen 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, 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 Design Advisory Committee and the Zoning Administrator. Presenter: Jason Parillo The hearing opened at 7:36 PM Mr. Parillo stated the sign consists of a perforated metal panel that is painted two tones of blue, with dimensional lettering mounted to it. There is no illumination. The sign is meant to give the building visibility from Hartwell Ave. The building is setback 700 feet from the road. A sign that is going to be visible from the road needs to have this type of design. The sign was approved by the Design Advisory Committee. A Board Member, Martha C. Wood, stated one of the things the Design Advisory Committee talked about was the ability to clean behind the sign (Mr. Parillo stated they do have a plan for that, it will be mounted with space so a squidgy can be stuck behind it). On a motion made and seconded, the Board voted to close the hearing at 7:40 PM. On a motion by Jeanne K. Krieger 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 135-5.2.8.1 to allow a sign to be larger than otherwise allowed. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norma P. Cohen Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 32 Bedford Street 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 to allow more or larger signs than are allowed by right in the Stop and Shop parking lot. The petitioner submitted the following information with the application: Nature and Justification and plans. Also received was a letter from the Historic District Commission. 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: Christina Morrow from Agnolia Sign Company and Ken Staff from VHB The hearing opened at 7:42 PM Ms. Morrow stated Stop and Shop has a new online pick-up service. There is a parking area for each customer to park and there is a directional sign to lead them to the parking area. These signs are for customer safety and for the attendant that brings the groceries out to the car. This is merely a directional area and the signs lead them to that area in the parking lot. They need to have signs so they know where to park. They got approval from the Design Advisory Committee. A Board Member, David G. Williams, asked what will happen with the spaces they are taking away (Mr. Staff stated about 70 to 80 percent of the people using this service are existing customers. So they are already coming to the store. The goal is to reduce time in the parking lot, which will create more efficiency in the parking. This doesn't affect parking requirements. They are maintaining other spots and not moving them). Mr. Williams stated his concern for traffic on Worthen Road (Mr. Staff responded he's not sure how it would change, people are parking in those spaces anyhow). Mr. Williams stated the lot to left of the parking lot is owned by Stop and Shop. The back of that lot is full of trash. He wondered if there could be a condition to clean up that mess. An audience member, Janet Moran of 19 Bedford Street, stated she would like to minimize any unfavorable impact on the historic and residential area. If the permit is granted, there should be a request to contribute to environmental health area. She suggests two trees are planted are on the Bedford Street side. Mr. Williams suggested an experiment permit for one year and have them come back to see how it works. Chair, Ralph D. Clifford, stated they can give a permit that expires after an amount of time. A Board Member, Norman P. Cohen, stated there is a big Stop and Shop that has these signs. They are not intrusive but it's busy and it does take away some parking spaces. A Board Member, Jeanne K. Krieger, asked if they were to apply a condition about landscape what would be Stop and Shops response (Mr. Staff stated they can't speak for Stop and Shop and they do have budgets. Without the signs they won't go forward with the project). Mr. Williams suggested to continue the hearing and talk to Stop and Shop. A Board Member, Martha C. Wood, asked if the tree committee should be involved. Ms. Morrow stated they are here about the signs, not the landscaping. The town needs to address Stop and Shop separately. Mr. Clifford asked if they would you be willing to continue (Ms. Morrow responded they don't know what the Board wants). Mr. Clifford stated this is not the right board for landscape design (Mr. Staff stated they need a direction to know what they are looking for). Mr. Clifford stated they are looking for two street trees (Ms. Morrow stated they can ask Stop and Shop to plant those two trees). The Zoning Administrator asked if they are putting the signs in place of any trees, landscaping or grassy areas (Mr. Staff responded no). Mr. Clifford stated imposing any landscaping that is not mitigating is unconstitutional. Under the Supreme Court precedent there is what is called the essential nexus test that a condition that a board like this imposes has to have some kind of essential connection to the development that's going on. The trees are not connected to the signs. He stated he would be uncomfortable imposing conditions that involve putting in trees. Mr. Cohen stated he agrees with the chairman. Ms. Morrow stated they can put the two trees there and believes they would get a positive response from Stop and Shop. Holding the meeting off and coming back with someone from Stop and Shop wouldn't say any different. Mr. Clifford asked if Ms. Morrow is in a position to say yes on behalf of Stop and Shop (Mr. Morrow responded yes). On a motion made and seconded, the Board voted to close the hearing at 8:10 PM. Mr. Clifford stated he has a real problem imposing any of these as a condition, it is not within their jurisdiction. They can note the agreement that was reached and they can put a time limit to see what happens moving forward, a year or two would make sense. His proposal is to grant the special permit for a two year period of time and to indicate there was an undertaking by Stop and Shop that they would plant two additional trees on Bedford Street side and that they would clean up the parcel on the left and keep it cleaner. Ms. Krieger suggested one year. 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 to allow more or larger signs than are allowed by right in the Stop and Shop parking lot. This permit to expire in one year this permit acknowledges stop and Shops agreement to plant two additional trees along Bedford Street and to keep the neighboring parcel clean. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen. Alternate Sitting: Nyles N. Barnert Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1) Minutes of Meeting from August 8, 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 August 8, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.