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HomeMy WebLinkAbout2020-07-23-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Select Board's Meeting Room July 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 489 Concord Avenue The petitioner is requesting an ADMINISTRATIVE APPEAL OF THE DECISION OF THE ZONING ADMINISTRATOR, DATED NOVEMBER 18, 2019, regarding the Cotting School Parking Lot Project located at 489 Concord Ave. This appeal is made in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3. The petitioner submitted the following information with the application: Nature and Justification, and plans. Also received was a plot plan waiver request and letter from the applicant. 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 Planning Department and the Zoning Administrator. The applicant requested a withdrawal with prejudice on July 9, 2020. Benjamin Tymann stated they have submitted for request of withdrawal with prejudice due to result of a resolution of the case that has occurred amongst the parties. A Board Member, David G. Williams, asked how the matter was resolved (Not at liberty to give details. The Planning Board decision is in the process of being dismissed as well). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal with 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 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 6 Carley Road The petitioner is requesting a VARIANCE AND SPECIAL PERMIT 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 5.8 ft. instead of the required 12 ft. and 135-9.4 and 135-8.4.2 to allow a modification to a non- conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, topographical map, 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 Engineering Department, Building Commissioner, Planning Department and the Zoning Administrator. The applicant requested a withdrawal without prejudice on July 15, 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 July 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 27-31 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT section(s) 135-9.4 to allow renewal of special permit date June 8, 2017 for the continued operation of the car wash. The petitioner submitted the following information with the application: Nature and Justification and 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 and the Zoning Administrator. Presenter: Paul Kirchner and Ron Thompson, car wash owner The Hearing was opened at 7:10 Paul Kirchner presented the petition. He stated they are seeking renewal on the Special Permit that expires August 1, 2020 to allow for the continued operation of the car wash. There will be no change to the existing use or landscaping. Conservation had a comment about the continued maintenance of the drainage system. It has been maintained in good order and regular maintenance logs have been submitted. They submitted a contract that the landscaper signed that is to last for 5 years to ensure the landscaping will be maintained. Chair, Ralph D. Clifford, stated the contract stated the landscaping on the bike path would be maintained. We assume that contract covers that entire parcel (Mr. Thompson stated it covers everything on the property). There were no further questions from the Board. An audience member, Ellen Basch of 3 South Rindge Avenue, asked what the term will be for the Special Permit. She stated she would be in favor of a three year extension. Mr. Clifford stated it has always been three years but the Board will discuss (Mr. Thompson stated it has been five years previously). There were no further questions or comments from the audience. Mr. Kirchner stated they would prefer the term to be 5 years. The hearing was closed at 7:16 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). The Board discussed and agreed to a five year term. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT section(s) 135-9.4 to allow renewal of special permit date June 8, 2017 for the continued operation of the car wash with all previous conditions applied to expire August 21, 2025 (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 Zoning Board of Appeals Selectmen's Meeting Room July 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 22 Fair Oaks Drive The petitioner is requesting a SPECIAL PERMIT section(s) 135-9.4 and 135-8.4.2 to allow modification to 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 Planning Department and the Zoning Administrator. Presenter: Brigitte Steines The Hearing opened at 7:17 PM Brigitte Steines presented the petition. She stated the Special Permit is to add a bedroom and a bathroom to the second story for a family of five. This would add about 330 square feet. To mitigate the two story fagade in the front of the house they wish to extend the existing porch over to the new addition. The second story encroaches very little. At its closest the porch will be 21.2 feet to the property line. The property line is set back 8 feet from the street. A Board Member, Norman P. Cohen, stated it is not an accepted street (That is correct). He stated there were a number of vehicles parked in the street when he visited the site, it is a crowded area. Has the applicant received abutter comments? (Not that they know of). Mrs. Steines stated there will not be any more family members so parking would not change. There were no questions or comments from the audience. There were no further questions from the Board. The hearing was closed at 7:27 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 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 section(s) 135-9.4 and 135-8.4.2 to allow modification to 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 July 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 20 Circle Road The petitioner is requesting a VARIANCE section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 27 feet instead of the required 30 feet. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, 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 Conservation Commission and the Zoning Administrator. Presenter: Ritesh Tichkule and Shama Tichkule The Hearing was opened at 7:28 Mrs. and Mr. Tichkule presented the petition. Mrs. Tichkule stated they wish to add a front porch that would be 27 feet from the front setback. The winters are hard so the porch is for safety. The porch will add aesthetic value to the home and neighborhood. A Board Member, Nyles N. Barnert, asked for clarification on the size of the porch (Mrs. Tichkule stated the porch can be 8 feet by 12 feet or 8 feet by 10 feet. The plan says 8 feet by 12 feet. Mr. Barnert asked what the significant hardship was (Mr. Tichkule stated the porch would be too small. Rain and snow are an issue as well). Chair, Ralph D. Clifford, asked if there were soil conditions or wetlands on the lot (Mrs. Tichkule stated they do have wetlands at the back of their lot. They spoke with the Conservation Administrator and were told the boundaries are more than two hundred feet away). Mr. Clifford explained the reasoning for a hardship on a Variance. He stated the Board should not be granting this Variance with the Legal justifications. The Board agreed they would not vote in favor of this Variance. The applicant requested to withdraw 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 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 26 Rawson Avenue The petitioner is requesting an ADMINISTRATIVE APPEAL OF THE ZONING ADMINISTRATOR'S DECISION, DATED OCTOBER 28, 2019 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.3. The petitioner submitted the following information with the application: Nature and Justification, a letter from the Zoning Administrator dated October 28, 2019. Also received was a letter representing the property owner of 26 Rawson Avenue. 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: Gregory Isakov The Hearing was opened at 7:45 Chair, Ralph D. Clifford, stated the applicant is not available for this Hearing and there does not seem to be anyone attending the Hearing to represent the applicant. Normally if an applicant could not appear the Board would continue the matter. Mr. Clifford recommended the Board not vote to continue because it seems the appeal was not filed in time. The statute gives 30 days to appeal, the statute was made in October and this appeal was filed June 29, 2020 which is more than 30 days. The Board should first determine if that was filed within that 30 day period. Mark Bobrowski, representative of land owner LLC, stated he agrees with Mr. Clifford. He then explained two current cases that relate to this appeal. A Board Member, Norman P. Cohen, stated he agrees with Mr. Clifford. He did not make the time to appeal. An audience member, Anne Senning of 47 Rindge Avenue, asked for an explanation of the time for an appeal (Mr. Clifford explained). There were no further questions or comments from the audience. There were no further questions from the Board. The hearing was closed at 7:58 PM, on the limited previsions of the timing issue (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 stated they do not need to worry about the extension of deadlines due to COVID-19 because this was all way before COVID-19 was an issue. The Board of appeals voted zero (0) in favor, five (5) opposed, and zero (0) in abstention to determine this appeal was filed on a timely basis (a role call was taken: Ralph D. Clifford — No, Jeanne K. Krieger— No, David G. Williams — No, Norman P. Cohen — No, and Nyles N. Barnert — No). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room July 23, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: • Minutes from the July 9, 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 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). 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).