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HomeMy WebLinkAbout2021-02-25-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 18 Winthrop Avenue The petitioner is requesting FOUR (4) 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 modify a non- conforming structure including the extension of the non-conforming left side yard setback, the extension of the non-conforming front yard setback, the extension of the existing nonconforming third and half story, and extension of the existing non-conforming height of structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans and elevations. Also submitted was an abutter letter and the Historical Commission Decision Letter. 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 Historical Commission, Engineering Department, Conservation Administrator and the Zoning Administrator. Presenters: William Erickson, of Bechtel Frank Erickson Architects, and Donald Briggs of 18 Winthrop Road. Donald Briggs presented the petition. Mr. Briggs stated they have modified the rear addition removing the special requirement on the side yard setback. Any modification to the home would require the three special permits being proposed. He then referenced sections 6.2 and 8.4 of the Zoning Bylaw. They submitted a shadow study that shows no changes. The current house could be demolished and a taller structure could be built on the property without special approval. This proposal is beneficial to the neighborhood. Mr. Briggs then address a letter received by abutters at 16 Winthrop Road and discussed a previously granted variance at 16 Winthrop Road. Mr. Erickson, made a presentation showing images of the house, the revised plot plan and revised plan. He discussed the areas of the structure being removed which would remove a non-conformity. He then stated they wanted to add a reading loft but they understand it would need to be included in the gross floor area so it was removed. He stated they are only asking for three special permits instead of the originally requested four special permits. Everything they are proposing to build is within the side yard setbacks. He then discussed height. There is intentional language in the code that encourages special permits in order to save these homes. There have been many letters submitted in support of this proposal. A Board Member, Nyles N. Barnert, questioned the fire place (Mr. Briggs stated it would be a gas fireplace and have a direct vent). A Board Member, Martha C. Wood, asked if the existing attic was already used as living space (Mr. Erickson stated there are finished rooms in the attic and discussed knee wall height). A Board Member, Norman P. Cohen, asked about the stream on the property (Mr. Briggs stated there is a stream that flows between Slocum Road and Winthrop Road. They will be installing a storm water management system that has been reviewed by the Town Engineer and Conservation Commission). Mr. Cohen questioned if an independent consultant would be needed if the storm water management was already reviewed by the Town Engineer. The Zoning Administrator stated the storm water management system was reviewed by the Engineering Department when the proposal went through Conservation. Mr. Briggs stated the Engineering Department reviewed it twice. He stated they are doing a wetlands restoration as well. Chair, Ralph D. Clifford, questioned what side the variance was on at 16 Winthrop Road (Mr. Erickson stated it is on the other side for the garage). Mr. Clifford questioned the fire place bump out and asked how critical it was to the proposal (Mr. Briggs stated the bump out sits underneath the eave and the eave is furthest point out). Mr. Clifford explained that this proposal already needs many special permits, the fireplace bump out would not be an automatic approval (Mr. Briggs stated the bump out is needed to have the fireplace .They are removing a deck and stairs that is closer to the property line than the eaves). Mr. Clifford made the applicant aware that there is a new draft bylaw regarding retaining walls that has not been adopted yet. It would be retroactive so the proposed walls may affected. The Zoning Administrator explained the draft article. Mr. Clifford stated if the article goes through it could cause changes to be made to the walls (Mr. Briggs stated that would not be a problem). An audience member, Kathleen Lenihan of 60 Bloomfield Street, stated her support and the difficulties of renovating an older home. An audience member, Tu Xu of 2 Highland Avenue, asked if anything has been agreed upon regarding the storm water management system (Mr. Clifford stated nothing has been agreed upon yet). Mr. Xu requested independent peer review be done on the storm water management system. He stated his concern for the setback for the deck and requested an independent surveyor for the setback (Mr. Erickson stated the deck is 16.6 feet from property line. When construction takes place the Town requires a plan to be submitted to show that everything is built where it is supposed to be built). Mr. Xu stated his concern for the expansion on the south side and the number of windows being added. He stated concern for privacy. (Mr. Erickson stated the bay window is 61 feet away from property line. With the topographic lot the windows would not be seen. There currently are 17 windows existing and only 14 windows proposed). An audience member, John Caratchiolo at 7 Winthrop Road, read a part of the letter received from owners of 18 Winthrop Road. He stated they bought a house that is too small. He stated his opposition for increased height of the structure. Solar panels are a luxury item not a necessity. He stated his concern for the stream. He then stated he does not appreciate threats of tearing down the house and building a new larger house. An audience member, Susan Bennett of 64 Bloomfield Street, stated her support. The requested relief is a reasonable trade off. An audience member, Jill Melendez of 1556 Massachusetts Avenue, asked if the third floor has living space (Mr. Erickson Yes). She then questioned the increased gross floor area (Mr. Briggs stated they enclosed a screen porch underneath terrace which added to the gross floor area). She stated the structure looks massive and does not look like a historic home in the new variation. An audience member, Heather Baker Neilson of 16 Winthrop Road, stated they were not made aware of the plans before they were submitted to the Town. She then explained the previous variance on the property. She made a presentation showing houses and renovations in Town. A new construction home would not be more imposing. She then requested that a construction fence be installed and air handlers and mechanicals be located elsewhere. An audience member, Andrew Dixon of 80 Bloomfield Street, stated his support. An audience member, Huw Nash of 4 Washington Street, stated his support. An audience member, Deb Roark of Mariam Hill, stated her support. An audience member, Carrie Johnson of 1536 Massachusetts Avenue, stated her opposition. An audience member, Lindsay Hardy of 37 Winthrop Road, stated her opposition. There were no further questions or comments from the audience. Mr. Barnert questioned the location of the air handling units (Mr. Briggs stated they are not at that point in the design process. They will locate them appropriately and screen them). There were no further questions from the Board. Mr. Briggs stated they do believe the proposal is in keeping with the scale of the neighborhood. It is scaled appropriately to the property. Removing the addition that has an encroachment and side door area are beneficial to the property. Saving the historic residents is beneficial to the neighborhood. The Hearing was closed at 8:54 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Mr. Clifford asked the Board if a storm water expert and a solar study would be necessary requests for the Board to make. The Board discussed and agreed neither should be required. The Board discussed conditions and agreed there should be a condition to have construction fencing down both sides of the property. 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 THREE (3) 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 modify a non-conforming structure including the extension of the non-conforming front yard setback, the extension of the existing nonconforming third and half story, and extension of the existing non-conforming height of structure (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 413 Waltham Street The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4: Table 1: Permitted Uses and Development Standards, Line J.1.02 to allow fast-food service and Line J.1.03 to allow take-out food service with service hours before 7 AM. The petitioner submitted the following information with the application: Nature and Justification, Floor Plan, and a Waiver Request for a Certified 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 and the Zoning Administrator. Presenter: Aaron Mohr on behalf of Bruegger's Bagels The Hearing was opened at: 9:02 PM. Aaron Mohr on behalf of Bruegger's Bagels, presented the petition. Mr. Mohr stated the request. A Board Member, Jeanne K. Krieger, questioned the number of safety issues that needed to be address (Richard Candy, District leader, stated they have addressed the safety issues with a construction company are in process to be fixed. They don't have completion date). Mr. Krieger stated she would like to have a date or impose a date. She then referenced an abutter complaint about dumpster pick up. She requested the dumpster not be picked up before 7 AM (Mr. Candy stated they reached out to the trash hauler and agreed it would be picked up after 7 AM). Chair, Ralph D. Clifford, stated the current permit conditions that a trash receptacle be provided in front of the establishment (Mr. Candy stated they were not aware that was required and they will make that change). Mr. Clifford stated he is not comfortable renewing the Special Permit due to safety issues not being addressed and suggested a continuance. Mr. Candy accepted a continuation to March 25, 2021. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to March 25, 2021 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert— Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 25, 2021 Board Members: Chair– Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 171 Massachusetts Avenue The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-3.4: Table 1 (Permitted Uses and Development Standards), Line J.1.02 to allow a fast-food use and J.1.03 to allow a takeout food use during hours not otherwise allowed—earlier than 7 AM only in accordance with 135-9.4. The petitioner submitted the following information with the application: Nature and Justification and a waiver request for a certified 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 and the Zoning Administrator. Presenter: John Mahoney on behalf of Wicked Bagel The Hearing was opened at: 9:09 PM. John Mahoney presented the petition. He stated the proposal. Chair, Ralph D. Clifford, asked if the safety inspection had been done. The Zoning Administrator stated the inspection is scheduled for next week. Mr. Clifford suggested a continuance until after the inspection is done. Mr. Mahoney agreed to a continuance to March 25, 2021. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to March 25, 2021 (a role call was taken: Ralph D. Clifford –Yes, Jeanne K. Krieger–Yes, Martha C. Wood –Yes, Norman P. Cohen –Yes, and Nyles N. Barnert– Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 25, 2021 Board Members: Chair– Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1729 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) 135-9.4 and 135-3.4: Table 1, Line J.1.03 to allow a takeout food use during hours not otherwise allowed— earlier than 7 AM only. The petitioner submitted the following information with the application: Nature and Justification, waiver request for a certified plot plan and a Fire Extinguisher Lighting Document. 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 and the Zoning Administrator. Presenter: Jandi Gamboa on behalf of Starbucks The Hearing was opened at: 9:18 PM. Jandi Gamboa presented the petition. She stated the proposal. Chair, Ralph D. Clifford, asked if the safety inspection had been completed. Mrs. Gamboa stated the inspection was done on January 19th,2021 by Tom Kennedy. The Zoning Administrator stated they passed inspection. Mr. Clifford asked if they were requesting a 6 AM start time (Yes). Mr. Clifford stated there was a special permit issued in 1986 that allowed operation of 7:30 AM to 11 and was modified in 2012 to allow more seats. Operating at 6 AM would be a further modification of that special permit. Normally the Board puts these on a limited period of time and asked if that would be acceptable (Yes). There were no further questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 9:23 PM (a role call was taken: Ralph D. Clifford –Yes, Jeanne K. Krieger–Yes, Martha C. Wood –Yes, Norman P. Cohen –Yes, and Nyles N. Barnert–Yes). The Board agreed on a five year term for renewal. 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 SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4: Table 1, Line J.1.03 to allow a takeout food use during hours not otherwise allowed—earlier than 7 AM only and SPECIAL PERMIT MODIFICATION of special permit dated November 13, 1986 and subsequently modified on August 3, 2012 to be renewed in five years with the opening time of 6 AM (a role call was taken: Ralph D. Clifford –Yes, Jeanne K. Krieger–Yes, Martha C. Wood –Yes, Norman P. Cohen – Yes, and Nyles N. Barnert–Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the January 28, 2021 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention of approving the meeting minutes from the January 28, 2021 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). On a motion made and seconded, the Board voted to adjourn.