Loading...
HomeMy WebLinkAbout2020-05-14-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 225 Waltham Street The petitioner is requesting 2 (TWO) VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow 2 (two) separate side-yard setbacks of 11 ft instead of the required 15 ft. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan Waiver Request, topographic map, abutter letter 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 Health Department. The applicant submitted a request to withdraw without prejudice date May 12, 2020. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 9 Hawthorne Road The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow 3.5 stories instead of the required 2.5. The petitioner submitted the following information with the application: Nature and Justification, 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. The applicant submitted a request to withdraw without prejudice dated April 9, 2020. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 45 Fottler Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow reconstruction of a non-conforming accessory structure. The petitioner submitted the following information with the application: Nature and Justification, 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. The applicant requested a continuance to the June 11, 2020 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to June 11, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1912 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 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, Plot Plan Waiver Request, Photographs 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 Historic District Commission. Presenter: Scott Martin, member of Hancock United Church of Christ and on the Prudential Team The Hearing was opened at: 7:08 PM. Scott Martin presented the petition. He stated they wish to install a sign. He then explained they wanted repair the existing sign but the wood was rotted. The existing sign is 7 feet by 5 feet. They then came up with a better looking sign and better placement. The proposed sign is 5 feet by 3 feet, 2 inches deep with double sided lettering carved into the sign with blackened outline. He stated they will be using pvc for the posts. The sign will be approximately 6 feet from the sidewalk. He then discussed solar lighting to be placed in the ground. A Board Member, Jeanne K. Krieger, questioned the time of lighting (During summer hours the lights will be off by 11 PM and during winter hours the lights will be off by 9 PM). A Board Member, David G. Williams, stated granite posts would look nicer (The granite posts were too expensive). Mr. Williams then expressed his concern for the banner over the main entrance. The Zoning Administrator stated she was not aware of the sign but it would not be allowed by right. Mr. Williams stated he would like a motion for a condition that the banner be removed (The sign can be taken down if it is illegal). Chair, Ralph D. Clifford, stated he is concerned by the lighting. There are residential buildings in the area and light spill over can be difficult. The lighting needs to be more definitively defined. The posting indicates the sign will be 6 feet from the sidewalk but then it says the sign will be about 6 feet tall. The Board would need to know how tall the sign would be. That way the staff will know it is being done in compliance with the Special Permit. He then asked the applicant if it is going to be a 6 foot height (They were estimating what the height would be. The grade is a one foot drop from top end of the sign to bottom end of sign. It would be between 5 feet and 6 feet). Mr. Clifford stated the sign is fine overall. The building inspector needs to know where that sign is going and it is not precise. The lighting has the same issue. He then suggested a continuance until they have everything figured out. Mr. Williams stated they should look into granite posts if they are continuing. Mr. Martin asked for a continuation to June 11, 2020 Hearing. He stated the lighting and height will be addressed and they will look into granite posts. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to June 11, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 5 Tewksbury Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 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, photographs and Plans. Also received was a letter from an abutter. 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 Historical Commission. Presenter: Eric Rochon, Architect The Hearing was opened at: 7:33 PM. Eric Rochon presented the petition. He stated back in 2016 they went before the Board of Appeals for the same proposal and received approval. They wish to put a second story addition on the back side of the house. He then explained the plans. A Board Member, Jeanne K. Krieger, stated she liked it then and still does. There were no questions or comments from the audience. The Hearing was closed at 7:41 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). There were no further questions or comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention 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 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 140 Grant St The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 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 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 Building Commissioner. Presenter: Christal Snell, General Contractor, Ron Bourque, Architect, Maija Benjamins, Homeowner The Hearing was opened at: 7:42 PM. Christal Snell presented the petition. She stated they are looking to add a second story and demolish the existing garage. The garage will be brought into existing setback and will be attached to the home. The front step is 21.7 foot setback. Ron Bourque stated there is an existing second floor and they are expanding it. Majia Benjamins stated the existing garage is not attached. They are looking to move it forward. She explained they need more space. A Board Member, Norman P. Cohen, asked if there was neighbor support (Ms. Benjamins stated a neighbor wrote a letter in support. The neighbor behind them stated they think it's a great idea. Overall she got positive feedback). A Board Member, Nyles N. Barnert, stated the existing shed violates setbacks and proposed a condition to move it (Ms. Benjamins stated she thought about taking it down. That would be fine. She asked that it be okay to take it down after construction so it can be used for storage). Chair, Ralph D. Clifford, stated he had concerns about the shed as well. An audience member, Vineeta Belanger of 150 Grant Street, stated her support for the proposed plan. An audience member, Karen Morise of 142 Grant Street, stated she had several concerns. She discussed the impact of traffic pattern, parking, sewage and solar impact from a large tree in the front yard of 140 Grant Street. Mr. Cohen clarified the location of the tree. Mr. Clifford stated the contractor can work to make sure the neighborhood is impacted as little as possible. In terms of sewer the contractor can look at that as well, it is not in the Boards purview. The Zoning Administrator stated the water and sewer department at the Department of Public Works can help with the sewer. There were no further questions or comments from the audience. The Hearing was closed at 7:59 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Mr. Clifford reminded the Board of the condition that the shed be compliant to zoning. There were no further questions or comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention 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 with the condition that the shed be made compliant with setbacks (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 128 Spring Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8.3 and135-5.2.10 to allow more or larger signs that otherwise allowed. 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 Zoning Administrator and the Building Commissioner. Presenter: Andrew Clark on behalf of Curis The Hearing was opened at: 8:01 PM. Chair, Ralph D. Clifford, stated the Design Advisory Committee is not on list of committees allowed to operate. He suggested the Board of Appeals proceed without the recommendation from the Design Advisory Committee. Mr. Clifford suggested a roll call vote that it is acceptable to continue (a roll call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Andrew Clark presented the petition. He stated they are representing Curis. The company moved to a new facility. The purpose of the sign is to identify the entrance. The entrance cannot be seen from the main driveway. There will be no detriment as the area is zoned for industrial use. The business location was discussed. There were no comments or questions from the audience. The Hearing was closed at 8:10 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). There were no further questions or comments from the Board. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.8.3 and135-5.2.10 to allow more or larger signs that otherwise allowed (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room May 14, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: • Minutes from the April 23, 2020 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention in favor of approving the meeting minutes from the April 23, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams —Yes, Norman P. Cohen — Yes, and Nyles N. Barnert—Yes). • Chair to sign all decisions on behalf of the members of the Board Authorize the Chair of the Zoning Board of Appeals to sign all decisions of the Board on behalf of the members of the Board this authority will include any other documents which will be needed to implement the decisions of the Board. This authority shall last as long as the Board is required under the Governors executive order of March 12, 2020 to meet electronically rather than physically (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to adjourn (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, David G. Williams —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes).