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HomeMy WebLinkAbout2020-06-11-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room June 11, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and James Osten Alternate Member: Hank Manz 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 This hearing was opened at the May 14, 2020 Hearing. Scott Martin presented the petition. He stated at the May 14, 2020 Hearing the Board had three areas of concern that needed to be addressed. The first was the height of the sign. They made a mockup of the sign. The sign will be 3 feet by 5 feet. The side nearest the sidewalk will be 6 feet 2.25 inches and the other side will be 5 feet 6 inches. The sign will be 6 feet away from the sidewalk. The height gave reasonable visibility from both directions. The second concern was lighting. They had solar lighting but were informed a subcommittee was looking into the overall exterior lighting scheme of the church. They plan to come before the Board with their recommendations. Therefore, there will not be lighting on the sign at this time. The third concern was granite posts. Due to budget restraints they are going to have a sleeve over the posts that will be painted gray to match the color of granite. Chair, Ralph D. Clifford, stated a Board Member, David G. Williams, has recused himself because he is a member of the Church. James Osten is sitting as a full voting member on this file. He was in attendance at the last meeting so he is fully aware of the file. A Board Member, James Osten, stated there is a no parking sign that looks to be close to the proposed sign. Just note that (That was considered when placing the sign. Having the sign at the six foot mark would give them most of the visibility they would like). A Board Member, Norman P. Cohen, questioned if there would be a postponement because of the lighting and asked if they would have to come back (Mr. Clifford stated that would be correct). The Zoning Administrator stated it would be a modification to Special Permit if there was a condition that the sign does not include lighting. Lighting is allowed by right as long as it's within the parameters of the bylaw. Mr. Clifford stated they should work with staff to figure out the lighting. An alternate member, Hank Manz, clarified the sign design (The sign was described). Mr. Manz then discussed the location of the sign (The Church had a committee and advisor on how the church could maintain or increase membership. They noticed the location of the sign was in a low visibility area). A Board member, Jeanne K. Krieger, asked if the gray on the sleeve of the posts will be similar to the gray on the sign (It will be a lighter gray to look more like granite). Mr. Clifford stated there are flags flying with the current sign and asked if that will be continued with the new sign (The rainbow flag is being replaced by the rainbow strip on the sign. The American flag will not be with the sign and will be on the building). Mr. Clifford then stated at the May 14, 2020 Hearing a banner was discussed and the Board asked that it be take down. He asked if that has come down (Yes). There were no questions or comments from the audience. The Hearing was closed at 7:29 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, James Osten —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). A Board Member, Nyles N. Barnert, asked for the condition on it being a non-illuminated sign (Mr. Clifford responded yes). Mr. Clifford asked the Board if they want a condition that the side posts be gray. The Board agreed that should be a condition. 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, James Osten —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) section(s) 135-5.2.10 and 135-5.2.8.3 to allow a standing sign with the condition that the posts are gray and the sign is non-illuminated (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, James Osten —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert— Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room June 11, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz 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) 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 July 9, 2020 Hearing. The Zoning Administrator stated the applicant had a meeting with the Conservation Commission scheduled for Monday June 8, 2020 and the applicant did not attend the meeting and did not notify they were not attending the meeting. The Conservation Commission closed the Hearing. The Commission was supposed to address storm water issues but nothing was addressed. They are scheduled to go back Monday June 15, 2020 so the Conservation Commission can make a decision but they have to deny them because they closed the hearing. They only contacted us to request the continuance and have not contacted Conservation at this time. Chair, Ralph D. Clifford, stated he doesn't think they have reasons to deny the continuance. A Board Member, David G. Williams, questioned how many times the Board will allow them to continue. Mr. Clifford stated this is about the fourth time they have continued. The Board could flag this as the last continuance. A Board Member, Jeanne K. Krieger, stated if they do go to the Conservation Commission they may not be done by July 9, 2020. Mr. Clifford agreed with Ms. Krieger. He stated they have opened the hearing so at some point they will need to decide on the file. At some point they will have to say this is the last continuance so they get that notice and can choose to withdraw. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to July 9, 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 June 11, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 80 Hayden Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8.1 and 135-5.2.10 to allow a larger sign than allowed by right. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan Waiver Request, 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 Economic Development Presenter: Heather Dudko, national sign cooperation and Ryan Archibald, KabaFusion The Hearing was opened at 7:36 PM. Chair, Ralph D. Clifford, stated the Design Advisory Committee has been suspended due to COVID-19. We don't have their advice. A Board Member, Nyles N. Barnert, stated the Design Advisory Committee has in the past said no to signs facing Route 2. He suggested the Board wait until they can go before the Design Advisory Committee. Mr. Clifford asked for the opinion of the rest of the Board. A Board Member, Jeanne K. Krieger, stated the Board does follow the advice of the Design Advisory Committee. She stated Mr. Barnert is correct in saying they do not allow signs facing Route 2. There is the Lahey sign that is very prominent. She stated she does not mind the south facing sign. Mr. Clifford stated he thought it was on Hayden street side and asked if it was on the Route 2 side (Mr. Archibald stated yes). Mr. Clifford stated it may be best to open the Hearing and let the applicant present. Then the Board can discuss what they feel after. Ms. Dudko presented the petition. She stated the proposal is for one wall sign facing Route 2. The sign is a 60 square foot non illuminated sign with pin mounted letters. They did have two signs proposed but that was revised. Mr. Archibald stated it is important to recognize this represents the beginning of a good investment in the Town of Lexington for KabaFusion. They have 100 employees and this is long term. As this is an East Coast headquarters the sign is essential. It is an unobtrusive sign in comparison to the Lahey sign. A Board Member, Jeanne K. Krieger, asked what KabaFusion does (Mr. Archibald stated it is a home infusion pharmacy. They provide specialized patient specific medications). A Board Member, David G. Williams, stated there must be a tenant on the first floor and stated the Board should consider their position if they wanted a sign similar to this one. Mr. Clifford this is something the Board should consider. Mr. Clifford asked what is the purpose of the sign (Mr. Archibald stated it is to establish them as one of the medical company leaders in the Lexington area. Many of the neighbors are significant players in the market place). There were no questions or comments from the audience. Mr. Archibald stated He appreciates the Board considering the south facing sign. The shape of the building is odd and makes it non feasible to be positive on either of the other faces. There were no questions or comments from the audience. The Hearing was closed at 7:48 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, James Osten —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). An Alternate member, Hank Manz, stated he does not see anything out of line. It's placed nicely. Mr. Williams stated it is a plus that it's not illuminated. Mr. Barnert stated the sign does not help to guide anyone to that building its just advertising. The Board has not put advertising along Route 2. Mr. Clifford stated they could hold off on deciding this until the Design Advisory Committee can review it. He stated he is not in favor of that proposal because it is an advisory committee rather than a binding committee. The Board is familiar with what the Design Advisory Committee would say so the question is if they would have followed the advice that the Design Advisory Committee would have given the Board. 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 four (4) in favor, one (1) 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) section(s) 135-5.2.8.1 and 135-5.2.10 to allow a larger sign than allowed by right (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— No). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room June 11, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 229 Massachusetts Avenue The petitioner is requesting 2 (TWO) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-5.2.8.1 and 135-5.2.10 to allow a sign larger than allowed and 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development Standards), Line K.1.02 to allow an indoor athletic exercise facility in the CRS zone zoning district . The petitioner submitted the following information with the application: Nature and Justification, Photographs and Plans. Also received was a letter in opposition. 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 Conservation Administrator and the Engineering Department. The applicant requested a postponement to the July 9, 2020 Hearing. Chair, Ralph D. Clifford, stated they did not get paperwork but received an email that the applicant is interested in a postponement to the July 9, 2020 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a postponement to July 9, 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 June 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: • Minutes from the May 14, 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).