Loading...
HomeMy WebLinkAbout2021-03-25-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten 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: Rich Cady on behalf of Bruegger's Bagels Rich Cady presented the petition. He reviewed the health and safety concerns and stated they have been resolved other than two concerns. The two concerns left are in the process of being resolved. He then addressed the abutter concern regarding noise violations. The hauler has assured them they will not pick-up before 7 AM and the last pick-up was at 10:49 AM. A Board Member, Nyles N. Barnert, questioned if the baking is done on premises and suggested a condition on trash pick-up and delivery hours (The dough is delivered frozen. They could request the deliveries come after 7 AM). The Board agreed that because this business is near a residential area that there should be a condition on trash pick-up times. There were no questions or comments from the audience. The Hearing was closed at 7:12 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). The Board discussed conditions and agreed they had further questions for the applicant and the hearing should be re-opened. The Board voted to re-open the hearing at 7:18 PM (a role call was taken: Ralph D. Clifford — Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). A Board Member, Beth Masterman, asked what time the deliveries usually arrive (between the hours of 6 AM and 10 AM. They wouldn't be opposed to reaching out and changing that time but there is a concern for traffic pattern at the suggested time). Mrs. Masterman asked if there was a consistent time for PM deliveries throughout the Town. The Board agreed they were not aware of such regulation. A Board Member, Martha C. Wood, asked the applicant if a condition of delivery between the hours of 8 am and 9 pm would be acceptable (That would be fine). There were no further questions from the Board. The hearing was closed at 7:21 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). The Board agreed on a 5 year term and the two conditions that trash-pick up and deliveries can only be between the hours of 8 am and 9 PM. 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 waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —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 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 (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair– Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten 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: Jack Mahoney on behalf of Wicked Bagel Jack Mahoney presented the petition. He stated the safety inspection has been done and passed. A Board Member, Jeanne K. Krieger, asked what time they get deliveries (Mid-day). Chair, Ralph D. Clifford, asked if a condition on delivery hours between 8 AM and 9 PM would be acceptable (Agreed). There were no questions or comments from the audience. There were no further questions from the Board. The hearing was closed at 7:25 PM (a role call was taken: Ralph D. Clifford –Yes, Jeanne K. Krieger–Yes, Martha C. Wood –Yes, Beth Masterman –Yes, and Nyles N. Barnert–Yes). The Board agreed on the condition that deliveries can only happen between the house of 8 am and 9 pm and a five year term on the special permit. 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 waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford –Yes, Jeanne K. Krieger–Yes, Martha C. Wood –Yes, Beth Masterman –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 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 (a role call was taken: Ralph D. Clifford –Yes, Jeanne K. Krieger–Yes, Martha C. Wood –Yes, Beth Masterman – Yes, and Nyles N. Barnert–Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 41 Waltham Street The petitioner is requesting SPECIAL PERMIT RENEWAL section(s) Line 9.11 and 9.12 of the 2007 Zoning Bylaw and Ch 135-3.4, Table 1 (Permitted Uses and Development Standards), Line item J.1.02 to allow a fast food use in the CB zoning district. The petitioner submitted the following information with the application: Nature and Justification, waiver request for a certified plot plan and previous Board of Appeals Special Permit. 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: Eric Holstein, COO for Upper Crust The Hearing was opened at: 8:15 PM. Eric Holstein presented the petition. He stated the petition. He stated nothing substantial has been changed and they are requesting the standard renewal. Chair, Ralph D. Clifford, questioned the delivery schedule and trash pick-up times (The trash is picked up on Wednesdays 10 AM to 12 PM. Deliveries arrive during operating hours 11 AM to 10 PM, these are Covid hours). The entrance location of deliveries was discussed. There were no questions of comments from the audience. There were no further questions from the Board. The hearing was closed at 8:19 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). The Board agreed on a five year term. 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 waiver request for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —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 RENEWAL in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) Line 9.11 and 9.12 of the 2007 Zoning Bylaw and Ch 135-3.4, Table 1 (Permitted Uses and Development Standards), Line item J.1.02 to allow a fast food use in the CB zoning district (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger— Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1707 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT RENEWAL section(s) 135-9.4 and 135-3.4, Table 1: Permitted Uses and Development Standards, line J.1.02 to allow fast food use in the CB Zoning District. The petitioner submitted the following information with the application: Nature and Justification, floor plans, previous Board of Appeals Special Permit 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: Kwanjit Coosuwan on behalf of Fruitee Yogurt The Hearing was opened at: 7:33 PM Kwanjit Coosuwan presented the petition. She stated they received a passing health and safety inspection. There were no questions or comments from the audience. There were no questions from the Board. The Hearing was closed at 7:35 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). The Board agreed on a five year term. 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, Martha C. Wood —Yes, Beth Masterman —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 RENEWAL section(s) 135-9.4 and 135-3.4, Table 1: Permitted Uses and Development Standards, line J.1.02 to allow fast food use in the CB Zoning District (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 181 Marrett Road The petitioner is requesting a MODIFICATION OF A VARIANCE dated November 23, 1971 section(s) 135-9.2.2.2 and 135-3.4 (Table 2 Schedule of Dimensional Controls) to allow 1.5 ft instead of the required 15 ft side yard setback. The petitioner submitted the following information with the application: Nature and Justification, topographic plan, plot plan, and floor 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 Conservation Administrator and the Zoning Administrator. Presenter: David Johnson, Architect The Hearing was opened at: 7:39 PM David Johnson presented the petition. He stated the proposal. He stated there was a variance granted in 1971 for 7.5 ft side yard setback. The survey found that the previous survey was off and the setback ended up being 1.5 ft. All other dimensions meeting zoning requirements. A Board Member, Martha C. Wood, asked if the overhang would be the same (Yes). Mrs. Wood stated the 1.5 ft setback would require the wall to have fire proofing. A Board Member, Jeanne K. Krieger, questioned the setback of the proposed balcony (7.5 ft). A Board Member, Nyles N. Barnert, questioned the tarmac encroachment (That is a point of discussion. It is on Town easement). Mrs. Wood stated that would need to be removed. The Zoning Administrator clarified that the property next to 181 Marrett Road is not a Town Easement and is in fact Town owned land. Chair, Ralph D. Clifford, stated there are many other zoning encroachments on the property. There is a pool shed and a second shed on the property that encroach on the setback area. The pool does not have a Certificate of Occupancy with the Building Department therefore it has never been inspected. Mr. Clifford asked if the owner is willing to take down both sheds (This would need to be discussed but the property owners are amenable to making this work). Mr. Clifford stated there are three prerequisites for approving a variance and this proposal does not meet any of those. He asked if the applicant agrees that the lot is rectangular (yes). He stated there are wetlands but they are at the back of the property and asked how the wetlands would affect the garage (They met with conservation a year ago and the administrator indicated the proposal would not have any impact). He then questioned the slope of the lot (It is fairly flat). Mr. Clifford stated this proposal does not demonstrate a compelling hardship. Mr. Clifford stated the applicant would have to file with the Conservation Commission. Glenn Herosian, property owner, stated the house was built too small and does not have sufficient bedrooms. When they bought the property they realized there was a car-port over the property line and they removed that. They would agree to do anything requested by the Board. They are trying to restore the property. The Board discussed and agreed this proposal would be voted down. The Board stated the proposal would be better if it was within setbacks. They could tear down the existing garage and build new which would only require a special permit. Mr. Clifford suggested the applicant consider removing the existing garage and the encroaching sheds. The Zoning Administrator stated in speaking with the Conservation Administrator the concern is not necessarily the second story addition but the encroachments on conservation land. Mr. Clifford suggested the applicant consider the Boards view and continue the application. The applicant agree to a continuance to May 13, 2021. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to May 13, 2021 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert —Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 162 Maple Street The petitioner is requesting a VARIANCE section(s) 135-9.2.2.2 and 135-3.4 (Table 2 Schedule of Dimensional Controls) to allow a side yard setback of 8.5 feet instead of the required 15 feet and for 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, topographic plan, plot plan, elevations, floor plans, photographs, gross floor area calculations, previous Board of Appeals Decision and 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 Planning Department, Historical Commission and the Zoning Administrator. Presenter: Karen Keegan, Guaranteed Builders and Justin Keenan, property owner The Hearing was opened at: 8:21 PM. Karen Keegan presented the petition. She stated the proposal. The side yard setback would be 7.56 ft. The topography on the other side of the lot has a slope of 8 ft. The addition was approved by the Historical Commission. The front of the structure is close to the lot line, it is a one wat street with a dangerous intersection. The shape of the lot causes for issue. They could not put the addition on the other side due to safety issues with the intersection and bad soil conditions. There is a stone retaining wall on the other side of the property as well. A Board Member, Martha C. Wood, questioned the total square footage (Mrs. Keegan 3,321 square feet). A Board Member, Nyles N. Barnet, questioned why they couldn't just add a one car garage and be within setbacks (Mr. Keenan stated if they didn't have the curve in the frontage then they would be allowed to build this by right). Chair, Ralph D. Clifford, questioned if there were any wetlands on the property (Mrs. Keegan stated no). Mr. Clifford asked for clarification on why they couldn't build the garage on the left side (Mrs. Keegan stated it would block the basement egress, there is a stone retaining wall on the left side and the soil conditions are bad). Mr. Keegan stated the point of the garage on that side is to preserve the historical essence of the front of the home. There were no questions or comments from the audience. Mrs. Keenan stated the neighbor on the left side is in support of this project. There were no further questions from the Board. The Hearing was closed at 8:40 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —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 VARIANCE section(s) 135-9.2.2.2 and 135-3.4 (Table 2 Schedule of Dimensional Controls) to allow a side yard setback of 7.56 feet instead of the required 15 feet and for 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, Martha C. Wood—Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the March 11, 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 March 11, 2021 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). On a motion made and seconded, the Board voted to adjourn.