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HomeMy WebLinkAbout2020-10-22-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Select Board's Meeting Room October 22, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 6 Muzzey Street The petitioner is requesting SPECIAL PERMIT section(s) 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, 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 Building Commissioner and the Zoning Administrator. Presenter: Thao Lay The Hearing was opened at 7:00 pm. Thao Lay presented the petition. She stated the proposed sign is larger than the original sign and larger than what is allowed. It is a Historical building and the Historic District Commission approved the proposed sign. The Board questioned the for lease sign on the building. The Zoning Administrator stated that is allowed for an office building. There were no further questions from the Board. There were no questions or comments from the audience. The Hearing was closed at 7:11 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 of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT section(s) 135-5.2.8.1 and 135-5.2.10 to allow a sign to be larger than otherwise allowed (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 Select Board's Meeting Room October 22, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 52 Percy Road The petitioner is requesting SPECIAL PERMIT section(s) 135-9.4 and 135-3.4 Table 1, Permitted Uses and Development Standards, Line A.2.014 to allow outdoor parking of five (5) vehicles for a dwelling unit instead of the allowable four (4). 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 Building Commissioner and the Zoning Administrator. Presenter: Carolyn Silva-Brisbin and Celis Brisbin The Hearing was opened at 7:13 pm. Carolyn Silva-Brisbin and Celis Brisbin, homeowners of 52 Percy Road, presented the petition. Mrs. Silva-Brisbin stated they take great pride in their property. They have four automobiles and a small utility trailer. They did not realize a utility trailer counted as an automobile. She explained what each vehicle is used for. The Town often times does not plow their street so they use the truck to plow. She talked about the history of the property and the continued use of the parking area. A Board Member, Norman P. Cohen, asked if they own two separate lots and if they think both lots are buildable (They own lot 0 and lot 52. They would not divide the lots to build as they want the yard for their son). The use of the five vehicles was explained again. Chair, Ralph D. Clifford, asked if the upper driveway area was associated with the prior use of the home (previously all 3 lots were separate and owned by a common owner. They purchased that lot. The upper driveway area was used for parking by lot 0 to serve lot 52 workers. Lot 0 was an empty lot). Mr. Clifford stated there is an easement on the upper parking area. He asked who owns that easement (They have two easements. One allows for the use of the unaccepted way. The other is a utility easement that allows the residents of 50 Percy Road to use that for utility purposes. There is a grinder pump on the easement. They own the property that the easement is on but 50 Percy Road owns the easement). An Associate Board Member, Edward McCarthy, asked if they have a garage (The home has an older garage that does not fit a vehicle). An audience member, Linda Pinnone of 35 Highland Avenue, stated her support. An audience member, Gerry Paul of 43 Highland Avenue, stated his support. An audience member, Kenneth Cunningham licensed builder of 50 Percy Road, stated his opposition for the application. He stated the parking lot across the street from his property is an eye-sore. Sometimes there are 5 or 6 cars parked in that area. They had no parking and tow away signs up before. He is trying to sell the house but cannot and the most common complaint is the parking lot across the street. The applicant put white lines in the street to mark the parking area. He hired his own surveyor who drew different lines. They are 8 feet into the street. They can fit two cars not 5. He suggested they park more of the vehicles on lot 52. An audience member, Stephen Cunningham of Keller Williams Realty, stated they have received negative feedback in regards to the parking across the street. He stated it looks like a parking lot. An audience member, Russ Tanner of 35 Highland Avenue, stated the lot has been used for parking for the last 15 years. He stated his support. A Board Member, Nyles N. Barnert, asked how often they have five vehicles on the property (It depends. They normally have two vehicles in the upper parking area and three down by the house). Mr. Barnert questioned why they can't keep the trailer down by the house (It is hard to back the trailer up the narrow driveway). Mrs. Silva-Brisbin stated they purchased their home before Mr. Cunningham purchased 50 Percy Road. He purchased it knowing that lot was actively used as a parking area. They have visitors so sometimes there is more vehicles. They painted the white line because construction workers were confused by where to park and for potential buyers of 50 Percy Road. The builder of 50 Percy Road was placing the open house sign on the parking area and put up a fence which blocked the view of that area so they could no longer monitor it. While 50 Percy Road was under construction they allowed the workers to park on their lot and they did not have a problem with the parking area then. They did call a surveyor and are going to have the whole lot surveyed. A Board Member, Jeanne K. Krieger, asked how much of a hardship it would be if they conditioned that the trailer had to be on lot 52 with the exception of when it was in use (It is their goal to keep it off lot 0 but they would like the flexibility to move vehicles on their property as they wish). The Hearing was closed at 8:18 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 stated he has no problem with the utility easement. They can move cars to provide access if needed. The Board needs to discuss and decide if this is a driveway or a parking lot. The bylaw does not allow parking lots in residential areas. They should take into consideration that this one day could be subdivided. He also stated the area should be screened. The Board discussed if it would be considered a driveway or a parking lot. The Zoning administrator read the definition of a driveway and the definition of a parking lot from the bylaw. She stated she would determine this as a driveway. The Board agreed it should be considered a driveway. The Board discussed screening options and agree potted plants would be the best option. The Board agreed the plantings should be 6 feet in height. Mr. Clifford suggested the condition that the Special Permit expire if an attempt to subdivide the property is made. The applicant requested to speak. The Hearing was reopened 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. Brisbin stated having only one entrance in and out of the parking area would be troublesome for them as they need a turnaround area when backing up the driveway from lot 52. He also requested the condition that the potted plants be seasonal so he can plow the street and driveway. Mr. Clifford stated by adding two entrances and making it seasonal they are not achieving screening. He suggested a continuance to give the applicants time to think about the conditions and options. The applicant agreed to continue to the December 10, 2020 Hearing. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a continuance to the December 10, 2020 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). Minutes of the Lexinqton Zoninq Board of Appeals Select Board's Meeting Room October 22, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: • Minutes from the September 24, 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 September 24, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). • Minutes from the October 8, 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 October 8, 2020 Hearing (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—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, Martha C. Wood—Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes).