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HomeMy WebLinkAbout2020-07-09-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 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 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 withdrawal without prejudice. 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 July 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 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 by right 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 has submitted a request to withdraw without prejudice. A Board Member, David Williams, stated 229 Massachusetts Avenue has a sign on the bike path and a path leading from the bike path to the parking lot. The Zoning Administrator stated she will investigate this. The Town manager and Select Board have waived any enforcement for signage and sandwich boars during the state of emergency. Great harvest did have a sandwich board allowed in a Special Permit. 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 July 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 Address: 525 Marrett 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 a side yard setback of 10 feet instead of the required 15 feet. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, topographical map, and plans. Also received was abutter letters 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 Engineering Department, Building Commissioner, Conservation Commission and the Zoning Administrator. Presenter: Charles Ma The Hearing opened at 7:11 Mr. Ma presented the petition. He stated he came to the Board twice in past several years for this same Variance and the Board approved the Variance both times. There has been delays in incrementing this project. They are coming back one more time to get approval again to renew the Variance to continue with the project. The current factors under approval are still okay. Mr. Ma explained the plan and stated it was the only feasible plan. There were no questions from the Board. An audience member, David Pietrantoni of 521 Marrett Road, stated he is in support of this proposal but had a few questions. He stated on the drawings the setbacks states plus/minus 10.3 feet, what is the interpretation of that and before the construction is done will there be clearing markings of the setback? The Zoning administrator stated she does not see plus/minus on the plot plan that was submitted. Typically they do not approve plot plans that have the plus/minus because it is not precise. What the Board approves is what the setback will be when the building permit is issued. It will be verified when a final inspection is done and an as-built plot plan will be required. Mr. Pietrantoni stated after they gave letter of support to Mr. Ma they were informed Lexington schools may not resume as normal. The children will be having school from home. The construction site is across from areas of the part of the home where the children do their studies. He asked if there is a way to control the noise so that it does not create a disruption for the children. The Zoning Administrator stated the hours of construction states work can be done 7am to 8 pm Monday through Sunday. Typically construction does not go on for that long. There is a noise bylaw. If noise is exceeding the allowable decibel level the Building Department will go out and can measure the decibel level. If it exceeds what is allowed they will require the contractors to put in a noise mitigation procedure. There were no further questions or comments from the audience. The Hearing was closed at 7:26 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). A Board Member, David G. Williams, asked how this application differs from the one the Board denied at the last Hearing. A Board Member, Jeanne K. Krieger, stated there are clear hardships, the shape of the lot and features of the lot. He clearly meets the criteria for the Variance. A Board Member, Nyles N. Barnert, stated the Board already approved it and nothing has changed. Chair, Ralph D. Clifford, stated he voted no last time and will be voting no again. This lot does not qualify for a Variance. It is a rectangular lot and is a flat lot. There is no reason it cannot be constructed in the back other than it is not preferred. This is an illegal Variance and should not be granted. There were no further comments from the Board. The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to grant 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 a side yard setback of 10 feet instead of the required 15 feet (a role call was taken: Ralph D. Clifford — No, 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 July 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 Address: 4 Wallis Court The petitioner is requesting a 2 (TWO) SPECIAL PERMITS 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 of special permits dated July 11, 2019 for modification a non-conforming structure and 135-4.4.3 to allow more gross floor area 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 Historic District Commission and the Zoning Administrator. Presenter: Colin Smith The Hearing opened at 7:31 Mr. Smith presented the petition. He stated he went before the Board twice for a small mudroom and a carport. The mudroom was approved, which was very small at only 21 square feet. There was difficulty with the carport as it related to the zero line setback. The current owner needs more functionality. They wish to increase the size of the mudroom. It was approved by the Historic District Commission. Chair, Ralph D. Clifford, stated the new proposal is 8 feet by 7 feet and asked what the current size is of the mudroom (3 feet 10 inches by 5 ft 8 inches). There were no further questions from the Board. There were no further questions or comments from the audience. The Hearing was closed at 7:36 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 comment from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the requirement for a 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 2 (TWO) SPECIAL PERMITS 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 of special permits dated July 11, 2019 for modification a non-conforming structure and 135-4.4.3 to allow more gross floor area 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—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 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 June 25, 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 June 25, 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). 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).