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HomeMy WebLinkAbout2019-09-26-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 26, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen 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 applicant submitted a withdrawal without prejudice. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted 5-0, to allow a withdrawal without prejudice. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 26, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 101 Spring 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, plot plan, and floor plans. Also received was a petition 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 Building Commissioner and the Zoning Administrator. Presenter: Kristina Man and Simpson Man The hearing was opened at 7:04 PM Mr. Man stated they purchased their home 6 years ago and they have 3 children. They have 3 generations of the family in the house. This proposal is make the house future proof, to give the children space and to give storage space. A Board Member, David G. Williams, stated his concern for the upstairs portion of the garage, he was worried it could turn into an apartment ( Mr. Man stated right now there is a loft for storage but in the future they might need the space for a master suite). The lot line and setbacks were discussed. A Board Member, Martha C. Wood, asked if there were stairs from the room over the garage (Mr. Man responded there are no stairs. They are proposing stairs on the back of the house by the backyard). On a motion made and seconded, the Board voted to close the hearing at 7:17 PM. The Board discussed whether a condition should be made for the second floor of the garage turning into an accessory apartment. They agreed no condition was needed. 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 26, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 45 Fottler 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 135-8.4.2 to allow modification to a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, and 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 and the Zoning Administrator. Presenter: Molly Obendorf The hearing was opened at 7:20 PM Ms. Obendorf stated the existing non-conforming garage on property that is 4 and half feet from side property line and 21.2 feet from the front property line. The proposed project consists of the deconstruction of the garage and the replacement of garage, using a portion of the foundation, to construct a two car garage. The setbacks to side and front property line will not be increased. A Board Member, David G. Williams, asked why the proposed garage couldn't be pushed further back (Ms. Obendorf stated she didn't think there was any room and it would still be non- conforming). Mr. Williams addressed the right side yard landscaping and stated it is conservation land that should not be landscaped. As well as the land that is owned by Arlington (Ms. Obendorf stated she cannot speak as to why the owners have landscaped that area and is sure conservation will address the issue). Chair, Ralph D. Clifford explained they should go before the Conservation Commission before the Board of Appeals. Ms. Obendorf suggested a continuance. Mr. Clifford stated there are encroachments on the street side. The landscaping on the front of the property is on Lexington street property. They may need to think more about where the boundaries of their property are. The curved driveway is on Lexington land as well as the concrete pad that has walls encroaching. The Board is likely to not grant the special permit if the encroachments are not removed. Mr. Williams suggested the applicant consider pushing the garage further away from the side- yard setback and further from the street. On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 5-0, to continue to November 14, 2019 Hearing. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 26, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 33 Hayden Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4.1, 135-5.2.8 and 135-5.2.10 to allow a wall sign to be internally illuminated and larger than otherwise allowed and to allow a standing sign to be internally illuminated. The petitioner submitted the following information with the application: Nature and Justification, 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 Economic Development, the Zoning Administrator and the Design Advisory Committee. Presenter: Brandon Donovan and Sam Mehta from Fast Signs on behalf of Boston Properties/Dicerna The hearing was opened at 7:32 PM Mr. Donovan stated the tenant, Dicerna is moving from Cambridge and will be a single tenant at 33 Hayden Avenue. They want to make presence known by replacing existing monument sign and adding a wall sign on the side of the building. A Board Member, Martha C. Wood, questioned their statement about replacing the monument sign (Mr. Donovan stated the existing sign will be removed and there will be a new sign in its place). Ms. Wood then questioned the hours the sign will be illuminated (Mr. Mehta stated it will be illuminated until 10 pm and it will be on a timer. So from sunset to 10 PM) Ms. Wood then asked why it will be illuminated until 10 PM (Mr. Mehta responded it is a commercial area and they haven't defined that hour yet. Retail is usually until 11 PM. Mr. Donovan added people will be working late at night) A Board Member, Jeanne K. Krieger, asked if they are willing to accept the recommendation of the Design Advisory Committee (Mr. Donovan responded yes). Chair, Ralph D. Clifford, asked why it has to be internally illuminated (Mr. Mehta responded it's not channel letters, the letters will glow around. It's for aesthetics. The lighting has to be inside the cabinet to do it that way) Mr. Clifford stated as he drove down Hayden Ave none of the monument signs appeared to be illuminated. He stated he doesn't know of any internally illuminated sings in Lexington. This is a historic Town and the sign does not look like history of Town (Mr. Mehta stated they are trying of make it more efficient by going away from halogen bulbs. The fabrication is all metal and does not penetrate through). Mr. Clifford stated the other signs are subtly illuminated are lighting more of the building and the sign on the building. A Board Member, Jeanne K. Krieger, stated the mock up shows external illumination and asked if those fixtures will be removed (Mr. Donovan responded yes). On a motion made and seconded, the Board voted to close the hearing at 7:39 PM. Mr. Clifford stated he will be voting against this proposal because it is an internally illuminated sign. Ms. Krieger stated as long as they agree to follow the conditions of from the Design Advisory Committee then she is prepared to approve the proposal. On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 4-1, to grant a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.4.1, 135-5.2.8 and 135-5.2.10 to allow a wall sign to be internally illuminated and larger than otherwise allowed and to allow a standing sign to be internally illuminated with the conditions the Design Advisory Committees suggestions be implemented and the sign illumination will be on a timer and illuminated from sunset to 10 PM. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 26, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1736 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 135-3.4, Table 1 (Permitted Uses and Development Standards), Line J.1.02, to allow a fast food use in the CB Zoing District. The petitioner submitted the following information with the application: Nature and Justification, 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 Engineering Department and the Zoning Administrator. Presenter: Domenic Sicari on behalf of La Dolda The hearing was opened at 7:42 PM Mr. Sicari stated the facility formerly was great harvest bread. They are only going to be selling pastas. Anyone that wants to get takeout for lunch or take it home can do that with salads and pasta. There are a total of 12 seats. A Board Member, Mr. Williams, expressed his concern for people who want to park and run in and pick something up. He asked how can we prevent from people from double parking (Mr. Sicari responded they can't control that. There is municipal parking that is adjacent. People break rules. A lot of the traffic is pedestrian traffic to bring to their office. The whole premise is if you want to buy fresh pasta, frozen pasta, dried pastas, etc. It's a store). Mr. Williams shared his concerned for traffic implications Chair, Ralph D. Clifford asked what the hours of operation will be (Mr. Sicari responded 7 days a week 10 am to 8 pm). Mr. Williams asked about the ventilation system for order of cooking food (Mr. Sicari responded this is not a facility where you would need a hood exhausts. No major cooking will be done). The way of cooking was discussed. On a motion made and seconded, the Board voted to close the hearing at 7: 49 PM. The Zoning Administrator mentioned a condition for a renewal period. Mr. Clifford suggested a condition on the hours of operation from 10 Am to 8 Pm and a 3 year permit period where the applicant needs to reapply before the expiration. 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 135-3.4, Table 1 (Permitted Uses and Development Standards), Line J.1.02, to allow a fast food use in the CB Zoning District with the condition the hours of operation be 10 AM to 8 PM and the permit will expire after 3 years. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room September 26, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen Alternate Sitting: William P. Kennedy 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 September 12, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.