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HomeMy WebLinkAbout2019-12-12 ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William P. Kennedy Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 21 Muzzey 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 and 135-5.2.8.3 to allow a standing sign. The petitioner submitted the following information with the application: Nature and Justification and Plans. Also submitted was a waiver request for a certified plot plan. Submitted at the Hearing on November 14, 2019 was photos of the lot. 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 Economic Development, Engineering and the Zoning Administrator. Presenter: Nancy Avallone, Office manager for Coppe Dentist Office and Mark Gaffney, Sign designer and Carolyn Coppe, owner of Coppe Dentist Office. The Hearing was re-opened at 7:00 PM. Ms. Coppe presented her petition. She stated they clarified the location and design confusion from the last Hearing. She then discussed the location and granite color. She showed the Board pictures of other signs in Lexington. Mr. Gaffney stated the lettering is 23 karat gold leaf. He then discussed the rest of the sign. Ms. Coppe stated they need the lighting because it gets dark early. She stated they close at 7 PM and the karate studio is open even latter. The lighting will have timers on at dusk and off at 9 PM. The lights will be ground mounted, point at the signs, and not have any light spillover. A Board Member, David G. Williams, stated his concern for a sign in the window of the karate studio (Ms. Coppe responded that has nothing to do with them, they don't own the building). The Zoning Administrator stated she has not seen a sign but they are allowed to have signs if they are inside the window. Mr. Williams stated he would like a condition upon approval that the sign be removed. He then objected to lighting in a residential neighborhood and stated it's not like the customers don't know where they are going (Ms. Coppe responded they get phone calls asking them where they are located all the time). A Board Member, Jeanne K. Krieger, stated that keeping the lights on is a matter of safety. A Board Member, Norman P. Cohen, clarified the lighting and suggested lighting on only one side of the sign. An audience member, Li Zhang of 2 and 4 Raymond Street, stated she objects to the location of the sign as it is too close to the street and too big. She stated all the houses in the area are residential and they should respect the residential area. She also stated her concern for lighting. An audience member, John Campbell of 22 and 33 Muzzey Street, shared similar concerns as Ms. Zhang. He stated when the dentist office is closed the lights should be shut off. He also stated the design of the sign and size were appropriate. Chair, Ralph D. Clifford, stated there is not a certified plot plan and asked if the measurement was drawn to scale (Yes). He then asked for a reason why they could not move the sign to the right (Ms. Coppe stated there are bushes and landscaping on that side, and they are already compromising. If they place the sign to the right it would look like the dentist office is where the karate studio is and the karate studio already gets people coming in asking where the dentist office is). Ms. Coppe stated they are a respectable business in town and they keep the building nice. It would be nice to have a sign as do many other businesses in town. The lighting is important because they get children and people in wheelchairs. This is a reasonable request. Mr. Gaffney stated a building without a sign is like a sign of no business. There were no further questions or comments from the audience The Hearing was closed at 7:29 PM. A Board member, Nyles N. Barnert, stated he would prefer the lights to be off at 7 PM and he doesn't have a problem with the location. Ms. Krieger stated she has no problem with what is proposed. They are entitled to advertise their business. One sided lighting was discussed. The Board discussed lighting and location of the sign. The Board agreed the location proposed was fine. The Board agreed the lighting should be off at 7 PM. Mr. Williams again expressed his concern for the window sign. The Zoning Administrator stated she would inspect and see if it violates any laws. On a motion made by Jeanne K. Krieger and seconded by Nyles N. Barnert, 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 Nyles N. Barnert, 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 with the conditions of lighting on at dusk and off at 7 PM and to focus on the sign with no light spill over. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 10 Asbury Street The petitioner is requesting a VARIANCE 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 front-yard of 23.9 ft instead of the required 30 ft. The petitioner submitted the following information with the application: Nature and justification, topographic map, plot plan, 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 Zoning Administrator and the Conservation Administrator. Presenter: Suhail Oweis The Hearing was opened at 7:40 PM. Mr. Oweis presented his petition. He stated the house is a split level ranch and the door was moved. The main door is at the basement. He explained there is sloping in the yard so he needs many steps to get to the landing. A Board Member, Nyles N. Barnert, asked if there was a canopy (Yes). A Board Member, David G. Williams, stated the proposed door has already been installed (He thought this was not a variance issue. He stopped the work. He stated he has another way by removing the driveway but that would be very expensive). Mr. Oweis stated this is his hardship. It's a sloping lot. It is too expensive to do without a variance. The Hearing was closed at 7:44 PM. The Board discussed and agreed they had an issue with the canopy. Chair, Ralph D. Clifford, stated his concern was with the steps as well. The parcel looks to be a self-caused problem because of the decision made to redesign the house. The hardship is self- caused and is not justified. The proposal as submitted does not include the portico. The Zoning Administrator stated she was not made aware a portico was being proposed based on the plans but on the plot plan there is an awning. Mr. Clifford suggested a continuance and to remove the request for a portico. Mr. Williams stated the house will look better with a door in a normal place. He agreed a continuation was a good idea. Mr. Clifford stated the house looking nicer is not a compelling hardship. Then stated there is a two year block if they were to vote against this project and he would not vote for it. He again suggested a continuance and to figure out a way to minimize the degree of the Variance. Mr. Oweis agreed to a continuance. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a continuance to January 9, 2020 Hearing. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 95-97 Bedford Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.2.1 to allow reconstruction of a non-conforming two-family dwelling in the RS (One-Family Dwelling) Zoning District. The petitioner submitted the following information with the application: Nature and Justification, plot plan, and floor 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 Zoning Administrator. Presenter: Joe Marino, from Homes Development Corp. and Fred Gilgun, Attorney The Hearing was opened at 7:56 PM. Mr. Gilgun presented his petition. He stated the existing non-conforming two family home is in a single family zone. This will be a continued use. It will not be substantially extended and will not be detrimental to the neighborhood. The existing structure has a non-conforming side yard setback that will be eliminated. They did ask to get plans and the client did struggled as to what they are going to put on the property. So they gave a footprint and rendering that would represent what's going there. A Board Member, David G. Williams, stated it is a nice idea. He asked if the units could be staggered. Mr. Marino stated one unit is off set from the other. This is for privacy and solar access. He stated the rendering is close to what they would do. Mr. Clifford stated the Board doesn't know what they are approving and that's a problem. They don't approve a concept. They are in favor of and recognize the non-conforming use, but they have no concept of what is being built (Mr. Gilgun stated the concept should be governed by the dimensional regulations. The question is if the use will be substantially extended, the use can only be extended if it's increased in size). Mr. Clifford stated the size and scope of a hypothetical drawing, which might not be what they are going to build, doesn't give them any way to evaluate what it is supposed to look like within the neighborhood (Mr. Gilgun stated the dimensional controls will be regulating how big it can be and where it can be located). Mr. Clifford stated it establishes certain maximums but that does not mean the Board has to give and exercise their right to those maximums. The overall size could be overwhelming the neighborhood that's a possibility your use doesn't guarantee you. It needs to fit in the balancing. We don't know what's coming. Mr. Williams stated he would be in favor of this but doesn't like the idea the structure is offset. That would minimize visual impact but we don't see that here and he agreed with Mr. Clifford's previous statements (Mr. Gilgun stated visual impact does not go to use. The Board's authority derives from the section of the by-law specifically related to use). Mr. Clifford stated he is talking about the requisite balancing that the Board has to do. The Special Permit requires us to do balancing between recognizing the pre-existing use and wanting to make sure it can be continued and balanced against community nature, effect on neighborhood and the various factors our by-law gives us. He can't evaluate those. They don't know what the project is. The proposal is here too early. The Board can understand you don't want to spend the money but there is a risk with reward. He stated he could not vote for this. A Board Member, Nyles N. Barnert, asked if that would be the final footprint (Mr. Gilgun stated no, and asked if the Board would be willing to put conditions on limiting). Mr. Clifford stated they would want them to be able to maximize the use of the land. They are not looking to turn down their proposal. Our ordinance requires them to balance factors. He stated the Special Permit would most likely get turned down and suggested a continuance. Mr. Gilgun agreed to a continuance. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to grant a continuance to January 9, 2020 Hearing. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 110 Wood 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 135-5.1.14 to allow the use of a common driveway for 108 and 110 Wood Street. The petitioner submitted the following information with the application: Nature and Justification, 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 Conservation Administrator, Building Commissioner, and the Zoning Administrator. Presenter: Charles Defrancesco The Hearing was opened at 8:09 PM. Mr. Defrancesco presented his petition. He stated the Special Permit is to keep the continuation of the driveway as it has been its whole life of the home. To change the driveway he would need a curb cut and to chop down a large crop of trees, he doesn't want to do that. Also the lot is sloped and he would need to put in a 25 foot wall if he had to move the driveway. The lot and location of the driveway were discussed. A Board Member, David G. Williams, questioned what houses use the driveway (108, 110, and 114 Wood Street, there are three house). Chair, Ralph D. Clifford, asked about ownership status and an easement on the deed (Yes, there is an easement on the deed). There were no questions or comments from the audience. There were no further questions or comments from the Board. The Hearing was closed at 8:15 PM. On a motion by David G. Williams and seconded by Jeanne K. Krieger, 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 135-5.1.14 to allow the use of a common driveway for 108 and 110 Wood Street. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 407 Waltham 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 135-3.4 Table 1, Permitted Uses and Development Standards, Line K.1.02 to allow an exercise facility in the CRS Zoning District. The petitioner submitted the following information with the application: Nature and Justification and Floor Plans. Also submitted was a plot plan waiver request, abutter letter in support and a parking analysis. 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: Mike Pellegrino The Hearing was opened at 8:16 PM. Mr. Pellegrino presented the petition. He stated they already have a martial arts school in Arlington. They do Brazilian jui jitsu and had trouble finding zoning for their business so they settled on exercise facility. Many members are from Lexington and they complain about traffic. The owner mentioned there might be a vacancy in that building but it is not determined. He will be doing martial arts and kick boxing. It is group fitness. A Board Member, David G. Williams, discussed parking. He stated parking in front can be chaotic. He asked Mr. Pellegrino to encourage everyone to park outback, where the lot is typically empty (Agreed with that and stated he could make that be the main entrance). A Board Member, Jeanne K. Krieger, asked about hours (The Arlington locations opens at 4 PM and closes at 8:30 PM, it would be the same in Lexington). There were no questions or comments from the audience. The Hearing was closed at 8:22 PM. There were no further questions or comments from the Board. 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 Nyles N. Barnert, 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 K.1.02 to allow an exercise facility in the CRS Zoning District. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Acting Chair— Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert and Associate member William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1792 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification and Plans. Also submitted was a plot plan waiver request. 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, Building Commissioner, and the Historic District Commission. Presenter: Sanford Leavenworth The Hearing was opened at 8:23 PM. Mr. Leavenworth presented the petition. He stated when he filed the application for the sign he was told that the person that put up the previous sign did not go through this process. The reason for the new sign is Verizon is going through a national re-branding because Verizon Wireless merged. They are replacing the existing sign that was already there. A Board Member, David G. Williams, questioned the reason it is shifted to the left. (That's what they want). A Board Member, Norman P. Cohen, clarified the lighting. There were no questions or comments from the audience. The Hearing was closed at 8:29 PM. There were no further questions or comments from the Board. On a motion made by Nyles N. Barnert and seconded by William P. Kennedy, the Board voted 5-0, to grant a waiver request for a certified plot plan. On a motion by Nyles N. Barnert and seconded by William P. Kennedy, 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 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 10 Woburn 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 135-3.4 Table 1, Permitted Uses and Development Standards, Line J.1.02 to allow a takeout food service in the CRS Zoning District with hours of operation before 7:00 AM. The petitioner submitted the following information with the application: Nature and Justification and Floor Plans. Also submitted was a plot plan waiver request and a previous granted Special Permit. 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 and the Building Commissioner. Presenter: George Smith The Hearing was opened at 8:30PM. Mr. Smith presented the petition. He stated they are continuing to open at 6 AM and they wish to continue to serve the community. A Board Member, Nyles N. Barnert, asked if all pervious conditions would be okay to apply (Yes). A Board Member, David G. Williams, stated they close at 9 PM but they want the lights to be on at 10 PM (As soon as the store closes he shuts them off, so they can change that to 9 PM). A Board Member, Jeanne K. Krieger, mentioned the 5 year term. There were no comments or questions from the audience. The Hearing was closed at 8:34 PM. On a motion made by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5- 0, to grant a waiver request for a certified plot plan. There were no further questions or comments from the Board. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, 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 takeout food service in the CRS Zoning District with hours of operation before 7:00 AM with the following conditions: 1. Permitted hours of operation are 6:00 AM to 9:00 PM, seven days a week. 2. There will be no large-truck or trailer deliveries before 8:00 AM or after 7:00 PM. 3. The dumpster will be locked and emptied as needed to meet Board of Health standards. 4. All lighting will be confined to the property so as not to produce glare or spill onto the neighborhood, and will be extinguished at 9:00 PM except for security lighting. 5. There will be no sales or transfer of food product or sold items conducted through windows. 6. There will be no cooking of donuts or related products on the premises. 7. Trash receptacles will be provided on-site and emptied regularly. In addition, the parking lot and surrounding area will be kept free of litter from the Dunkin' Donuts operation. 8. This special permit is granted for five years and will expire on December 10, 2024 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 12, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Formally approve the following language for all variance grants: "The variance granted is limited to the specific structure described in the request that was filed." On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0 in favor of approving the language change of a Variance. 2. Minutes from the November 14, 2019 Hearing On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0 in favor of approving the meeting minutes from the November 14, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.