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HomeMy WebLinkAbout2020-08-13-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 13, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 3 Maguire Road The petitioner is requesting 5 (FIVE) SPECIAL PERMITS section(s) 135-5.2.10 and 135-5.2.8 to allow more or larger signs than allowed by right, 135-5.2.4 to allow internal illumination of a wall sign, and 135-5.2.4 to allow internal illumination of a standing sign. 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 Engineering Department and the Zoning Administrator. Presenter: Scott Spaulding, project manager at View Point Sign and Awning and Mark McLean, Vice president of asset management at RJ Kelly The Hearing was opened at 7:15 pm. Scott Spaulding, account manager at View Point Sign and Awning, presented the petition. He stated the free standing sign is internally illuminated, other than that it conforms to setback and size. The front wall sign would only have the letters illuminated and is larger than what is allowed. The rear entrance sign which faces a bike bath will be externally illuminated and is larger than what is allowed. A Board Member, David G. Williams, asked if there have been comments from the Bicycle Advisory Committee (Zoning Administrator stated no). He stated his concern for people coming off the bike path. A Board Member, Nyles N. Barnert, stated he does not believe the Board has ever allowed an internally illuminated road side standing sign. Why can't it be externally illuminated? (Mr. Spaulding responded they can externally illuminate the sign but it might be an issue during winter months with snow and lights being low to the ground). A Board Member, Jeanne K. Krieger, asked the hours of the internal illumination? (Mr. McLean stated the lights would go on at sundown and when they close the lights would go off). Ms. Krieger asked if it would be later than 9 pm (Mr. McLean stated he is not sure). There were no questions or comments from the audience. Chair, Ralph D. Clifford, explained there may be a few Board members that are hesitant on the internally illuminated sign, particularly the standing sign on the street. The Board discussed and agreed they would not vote for the internal illumination on the standing sign by the street. Mr. Spaulding requested to withdraw without prejudice the internal illumination on the standing sign on the street. Mr. Williams stated he is not in favor of the sign in the back. Mr. Clifford stated they always put operating hours on illuminated signs. The Zoning Administrator stated for external illumination they cannot have illumination between the hours of 11 pm and 6 am. Ms. Krieger stated it could be a half hour after closing or no later than 11 pm, whichever is earlier and starting a half hour before dusk. Mr. Spaulding agreed to this. There were no further questions from the Board. The Hearing was closed at 7:41 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 comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice to allow internal illumination of a standing sign (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 4 (FOUR) SPECIAL PERMITS section(s) 135-5.2.10 and 135-5.2.8 to allow more or larger signs than allowed by right and 135-5.2.4 to allow internal illumination of a wall sign with the conditions that the signs will not be turned on more than one half hour before dusk and will not remain on more than one half hour after closing and in no regards between the hours of 11 pm and 6 am (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 August 13, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 10 Locust Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington, to allow a maximum of 450 cubic yards of fill to be brought to the property. The petitioner submitted the following information with the application: Nature and Justification, Plans, 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 Building Commissioner, the Conservation Administrator and the Zoning Administrator. Presenter: Jerry Harding The Hearing was opened at 7:44 Jerry Harding presented the petition. He stated he told the homeowner if they were going to have tenants they should take care of the downspouts and gutters and have them go into a caltech system out back to prevent excess water. They ran that pipe of the downspouts but did not put the caltechs in yet. There is a two foot grade difference in the backyard. This is to give usable space in the backyard. They allocated a 30 by 40 drainage area. The material being brought to the property is a sand gravel fill, it is septic sand material. It would absorb more water than it is taking on now. Chair, Ralph D. Clifford, asked if the circle area on the plot plan is designed to capture water (Yes that is the retention area). Mr. Clifford asked how this compares to current conditions (The lowest area is the center of that. It drops it another 18 inches from current conditions). Where is the fill going? (The top of that area 3 1/2 feet of fill all the way back to the wall going up to 6 feet. It will bring the grades up). Mr. Clifford stated from what the project is, the submission is not ready to be reviewed by the Board. The Board needs to know what current conditions are, where the fill is going, tanks and etc. Water cases are complicated and when we start changing grades things don't operate the way you would think. The Board would want to have an engineer available to show how the proposed changes will affect the flow of water to other properties (It was designed to keep all surface water on the property). Mr. Clifford stated the question is does it keep all surface water on the property. They can't answer that. One of the provision that the statute allows the Board to do is to hire on an engineer to take a look at a particular project. Mr. Clifford stated he recommends to the Board that an engineer be hired. The client will have to pay for it. (This was drawn by a hydraulic engineer). It is important for the Town to have an independent engineer to look at the proposal. A Board Member, Nyles N. Barnert, asked if the neighbors have been informed of the proposal (They talked to most neighbors and they are in agreement). Mr. Clifford recommended they talk to all the neighbors. A Board Member, David G. Williams, stated the wall appears to be an encroachment on the property and suggested the applicant submit a landscape plan (We can do that). An audience member, Karen Murray of 904 Massachusetts Avenue, stated she is located directly behind 10 Locust Ave and is pleased with how the Board is handling this. There were no further questions or comments from the audience. The Zoning Administrator asked if the paved driveway marked on the plot plan is existing or proposed (It is existing. It is paved to the lot line). Mr. Williams stated it is a new driveway (They just removed and replaced the driveway. It was replaced exactly the same as what was there, the drawing is inaccurate). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to require pursuant to MGL CH 44 section 53G that the applicant retain an appropriate engineer knowledgeable in storm water and drainage issues to advise the Board on the suitability of the project. The engineer shall be chosen by the Lexington Building Department in consultation with the applicant. All costs shall be born by the applicant as provided in section 53G. (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 continuance to the September 24, 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 August 13, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: • Minutes from the July 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 July 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). 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).