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HomeMy WebLinkAbout2020-01-23-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: Edward D. McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 311 Marrett Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.8.1 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, Plot Plan, 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 Zoning Administrator, Design Advisory Committee, and Economic Development. Presenter: John Marchese The Hearing was opened at: 7:00 PM. Mr. John Marchese presented his petition. He described the size and design of the sign. He stated there will be three goose neck lights over the sign mounted to the brick. A Board Member, Nyles N. Barnert, asked when the lights will be on and asked what their hours of operation are (The lights will have a timer and be on from 4 PM to 10 PM. They operate 9-5 and by appointment). Mr. Barnert then questioned why the lights have to stay on so late (They want to have it illuminated for people to see they are there). Chair, Ralph D. Clifford, stated they should only have the lights on during business hours and if they have a later appointment (That is acceptable). Mr. Clifford then questioned if there would be space for both the lighting and the sign (The 4 inch diameter sign base gets mounted to the brick. The Design Advisory Committee proposed moving the sign down). An Audience member, Bob Kulin of 22 Grapevine Avenue, stated his objection to the size of the sing and his concern that the other stores would make their signs bigger. A Board Member, David G. Williams, stated the sign is an improvement of what was there before. A Board Member, Jeanne K. Krieger, stated there are other businesses there that open until 8 PM. It is reasonable to allow the lights to stay on until 8 PM. Mr. Williams stated because of parking the lighting is nice and agrees with Ms. Krieger. Mr. Marchese agreed to have lighting on from 9 AM to 8 PM and later if there is an appointment. There were no further questions or comments from the audience. On a motion made and seconded, the Board voted to close the hearing 7:12 PM. Mr. Clifford stated he has heard there are two conditions. The first is lights from 9 AM to 8 PM and as needed for appointments after 8 PM. The second is the sign would be mounted one line of bricks between window and the sign, so it is lowered. There were no further questions or comments from the Board. On a motion made by Nyles N. Barnert and seconded by Jeanne K. Krieger, 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 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 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed with the conditions that the lights be on from 9 AM to 8 PM and as needed for appointments after 8 PM and the sign would be mounted one line of bricks between window and the sign, so it is lowered. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: Edward D. McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 4 Hartwell Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Plans and Photographs. At the Hearing on January 23, 2020 the applicant submitted revised 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 Design Advisory Committee. Presenter: Daniel Easter The Hearing was opened at 7:16 PM. Mr. Daniel Easter presented his petition. He described the size and design of the sign. A Board Member, Jeanne K. Krieger, stated the Design Advisory Committee suggested the sign be placed lower (They could put it in either spot). Mr. Easter submitted new plans to the Board based on the Design Advisory Committees suggestions. A Board Member, David G. Williams, asked if there was going to be lighting (No). There were no questions or comments from the audience. On a motion made and seconded, the Board voted to close the hearing 7:18 PM. Ms. Krieger stated she would agree with the recommendations from the Design Advisory Committee. A Board Member, Nyles N. Barnert, agreed with Ms. Krieger. Mr. Clifford stated he had no strong preference but that they do have the Design Advisory Committee for a reason. There were no further questions or comments from the Board. On a motion made by Nyles N. Barnert and seconded by Jeanne K. Krieger, 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 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed at the lower position as indicated by the photograph submitted by the applicant at the Hearing. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: Edward D. McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 489 Concord Avenue The petitioner is requesting an APPEAL OF THE DECISION OF THE ZONING ADMINISTRATOR, DATED NOVEMBER 18, 2019, in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.3 regarding the Cotting School Parking Lot Project at 489 Concord Avenue. The petitioner submitted the following information with the application: Plans, Waiver request for certified plot plan, and the letter of determination by the Zoning Administrator, dated November 18 2019. 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 Planning Department. Presenter: Benjamin Tymann on behalf of Alyssa Goodman Mr. Benjamin Tymann presented his petition. He stated he received a call from Austin Anderson, the counsel for the Town, who suggested to continue the Hearing with the Board of Appeals in light of Dr. Goodman filing an appeal in superior court of the Planning Board's site plan review approval. Chair, Ralph D. Clifford, stated there was a continuance request submitted but the Board is going to open the Hearing to discuss whether they are going to accept the continuance. The Hearing was opened at: 7:23 PM. Bruce Embry, counsel for Cotting School, stated his objection to the continuance. The matter submitted to superior court is with the Planning Board. This material has been in process for many months. There is no harm in completing the process prior to. He stated if there is some theory about what might happen six months from now that is just a theory. Tonight is many months of work and deserves to be decided tonight. Mr. Tymann stated the theory is that in the Planning Board appeal one of the primary grounds is that the Planning Board aired in not deciding issues with regards to parking and saying the Zoning Board of Appeals should handle that. He believes given a superior court judge has been asked to render a judgment on that legal question on the site plan review bylaw that was passed was a violation of that bylaw. His primary argument is that it was the planning Board and not the Zoning administrator who should have handled the issue. It would be wise for the Zoning Board of Appeals to continue so it is not issuing an opinion with regard to the jurisdictional issue that could become at odds with the opinion on the same issue that would be forthcoming at the superior court. Mr. Clifford stated the issue of jurisdiction over the parking lot between the Planning Board and Zoning Board is amenable to summary judgment motion. He then asked if there is an intent to file such a motion (Mr. Tymann stated that has not been decided). An audience member, Charles Horing Chair of the Planning Board, stated he does not agree with Mr. Tymann. The decision speaks for itself. They did considered parking and approved a plan that includes provisions from parking. Mr. Clifford stated the Town counsel has recommended to grant a continuance. They should consider putting a condition on the continuance that if any further continuances are requested a summary judgement motion should have been filed in the superior court to get the resolution with the one issued that is associated with this file. There were no further questions or comments from the audience. There were no further questions or comments from the Board. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to grant a continuance to July 23, 2020 Hearing subject to any further continuances be dependent on filling a summary judgment motion to resolve the issues. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: Edward D. McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the January 9, 2020 Hearing On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0 in favor of approving the meeting minutes from the January 9, 202 hearing. On a motion made and seconded, the Board voted to adjourn.