HomeMy WebLinkAbout2007-06-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 482 Bedford Street
The relief sought is to appeal a decision of the Zoning Administrator in a letter dated January 23,
2007 in accordance with section 135 -10 A of the Code of the Town of Lexington.
The applicant did not come to the hearing or indicate a reason for not attending.
On a motion by Nyles Barnert and seconded by Judy Uhrig, the Board voted 5 -0 to continue the
hearing until July 12, 2007. Dianne Cornaro, the Administrative clerk will call the applicant.
June 14, 2007 Minutes 2
Minutes of the Lexington Zoning Board of Appeals
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, Maura Sheehan, Judy
Uhrig and Associate John Gilbert
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 27 -31 Massachusetts Avenue
This petition was continued from March 22, 2007 to allow the petitioner time to provide more
information on items including: noise level analysis, justification for the proposed number of
bays, more precise plans including the particular equipment to be used in the operation,
clarification on how the two pieces of property were split and then recombined, justification on
why the design is not one building instead of two buildings.
The relief sought is for the following from chapter 135 of the Code of the Town of Lexington; a
VARIANCE pursuant to §135 -35A, Table 2 Dimensional Controls to allow a front yard setback
of 7 ft instead of the required 30 ft; SPECIAL PERMITS pursuant to § 135 -16, Table 1,
Permitted uses- Line 11.21, to allow activities conducted entirely within an enclosed building;
Line 11. 22, to allow activities conducted in an open area; SPECIAL PERMITS pursuant to §135 -
75A, to allow illuminated signs and §135 -78D, to allow signage larger than the permitted by-
right; and a SPECIAL PERMIT, pursuant to §135 -13H, to allow MODIFICATION OF AN
EXISTING SPECIAL PERMITNARIANCE to remove an existing building and upgrade car
wash facility.
Prior to this hearing the petitioner supplied additional information relative to noise analysis,
specification sheets on equipment, and a revised site plan showing incorporated changes
recommended by the DAC.
Additional letters of opposition were received from Kristen Nuffort of 40 Massachusetts Avenue
and Ellen Bluestein of 8 Sylvia Street.
Attorney Edmund Grant, representing R.G. Thompson Mass Ave Realty, LLC, presented the
petition. Also present who spoke or answered questions were project engineer George
Dimakarakos of Stamski and McNair, Environmental Consultant Bill Simons of Mabbett
Engineers, Noise Expert Tom Esslinger of Noise Reduction Products, Joe Welch of CW Design
and the applicant Ron Thompson
Attorney Edmund Grant went over the history of the site and explained the three types of washes
that Mr. Thompson would like to have at this location. They would be the typical bay cloth
June 14, 2007 Minutes 3
wash, a touch less soap and water wash and an automated bay. He also spoke of the ambient
noise level testing that has been done and will be done with the site once completed.
The DAC's concern "for safety reasons, about reliance of portions of the sidewalk, nearest the
vacuum equipment, being used for transverse traffic circulation within the site" has also been
addressed. The applicant's site plan engineer has adopted the DAC recommendation by adding a
landscaped island between the two westerly curb cuts and by the street to clarify vehicle and
pedestrian paths.
They are requesting the hours of operation to be seven days a week from 7:00 am until 9:00 pm.
They will make arrangements to have the electricity shut off during the off time hours.
Attorney Grant read and gave to the board a list of 4 conditions that Mr. Thompson has agreed
to. (Attachment A)
The Board questioned how they would prevent the use of vacuums during the night. The
applicant answered the vacuums will have a special electric panel that will allow them to shut
them off during the night.
It was asked why do they need to keep the power wash on until 9:00 pm. A Board member
pointed out that the noise by -law was not the only factor that had to be considered because the
standard for a Special Permit itself required the Board to take into account any adverse increase
in noise over what is currently in place. The noise expert, Tom Esslinger of Noise Reduction
Products, explained all the new equipment and feels the noise level will not be impacted by the
new equipment. The Board also asked if they had an estimate of how many will use the facility
at night and during weekends and what were the hours of operation for the Bedford facility.
The applicant told the Board that economically he needs to have the car wash open as much as he
can to pay for all the upgrades and special machinery he will have.
There was also a question on the sign design and the color. The sign on the original building will
remain the same.
The Board requested the Engineer, George Dimakarakos, to describe the landscaped island.
The following members of the audience had questions and concerns for the applicant regarding
vehicle spillover into Massachusetts Avenue, lighting, noise levels and how and when will the
testing will be done for the noise:
Menon Krishnagopal of 1 South Rindge Avenue; Matthew Nuffort of 40 Massachusetts Avenue;
Tom and Ellen Basch of 3 South Rindge Avenue and Richard Keavney of 5 Hibbert Street.
No one spoke in favor of the petition.
June 14, 2007 Minutes 4
Matthew Nuffort of 40 Massachusetts Avenue and Margaret Lanka of 5 Hibbert Street spoke in
opposition.
The hearing was closed at 8:20 pm.
Discussion:
One Board member did not have a problem with the variance for the vacuum but did have a
concern with the wash going on until 9:00 pm.
Another Board member addressed the weekend hours and thought the applicant did a great job
providing what we had asked for previously.
One Board member did have a concern with the front vacuum and wanted to take another look at
the hours.
The applicant had asked for the hours of operation to be from 7:00 am until 9:00 pm, Monday
through Friday. The Board agreed to restrict the hours of operation to 7:00 am until 5:30 pm on
Saturday and Sunday and 7:00 am until 7:30 pm Monday thru Friday.
Decision on Special Permits
On a motion by Nyles Barnert and seconded by John Gilbert, the Board voted 5 -0 to grant the
SPECIAL PERMITS pursuant to section 135 -16, Table 1, Permitted uses- Line 11.21, to allow
activities conducted entirely within an enclosed building; Line 11.22, to allow activities
conducted in an open area; SPECIAL PERMITS pursuant to section 135 -75A, to allow
illuminated signs and sectionl35 -78D, to allow signage; and a SPECIAL PERMIT, pursuant to
section 135 -13H, to allow MODIFICATION OF AN EXISTING SPECIAL
PERMIT /VARIANCE to remove an existing building and upgrade car wash facility with the
following conditions:
1. This special permit is for a term of 1 year and will expire one year from the opening day
of the new facility. Applicant is to notify the Board in writing the date the opening will
take place.
2. The hours of operation shall be 7:00 am until 5:30 pm on Saturday and Sunday and 7:00
am until 7:30 pm Monday thru Friday. The new hours of operation do not take effect
until the new facility is opened.
3. Applicant shall implement the noise control measures set forth in Applicant's letter to the
Board dated June 7, 2007. Applicant shall have his noise consultant conduct further
June 14, 2007 Minutes 5
sound samples upon opening the modified car wash facility and again prior to coming in
for the renewal. Applicant shall send results of the sound samples at the opening to the
Board of Health.
4. Applicant shall plant evergreen trees behind the guardrail extending from the fence at the
rear of the property for screening.
5. Applicant shall file with the Conservation Commission.
6. Lighting of signage shall be only during hours of operation.
Decision on Variance
On a motion by Nyles Barnert and seconded by John Gilbert and with a vote of 2 to 3, with
Judith Uhrig, Arthur Smith and Maura Sheehan opposing, the Board denied the Variance
pursuant to section 135 -35A, Table 2 Dimensional Controls to allow a front yard setback of 7-
feett instead of the required 30 -feet.
June 14, 2007 Minutes 6
Minutes of the Lexington Zoning Board of Appeals
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 6 Meriam Street
The relief sought is for a SPECIAL PERMIT in accordance with section 135 -88 A of the Code
of the Town of Lexington to modify and expand the existing equipment area for the wireless
communication facility.
The Chairman read a letter from the applicant requesting the hearing be postponed a second time
until July 12, 2007. The applicant still has not met with the Communication Advisory
Committee.
On a motion by John McWeeney and seconded by Judy Uhrig, the Board voted 5 -0 to postpone
the hearing until July 12, 2007.
June 14, 2007 Minutes 7
Minutes of the Lexington Zoning Board of Appeals
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 125 Worthen Road
The relief sought is for a SPECIAL PERMIT in accordance with section 135 -78D of the Code of
the Town of Lexington to allow a free standing sign larger than that allowed by right.
The Chairman opened the hearing at 7:53 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator.
Steve Garrity of Garrity Carved Signs presented the petition for Captain Parker Arms. They are
requesting to construct a freestanding sign approximately 21 feet from the street corner.
Questions from the Board:
The Board asked if they would be taking down any trees. They are trimming one from the
bottom but not taking any down. They also asked about the lighting, the exact placement of the
sign and the cleaning up the sidewalk area next to the sign. The applicant will be getting a
permit thru the DPW to remove the broken partial sidewalk to be able to re- landscape the area.
Also discussed was the dimension of the sign and the need for the hanging part of the sign that
mentions the management company. The Board would like that part of the sign removed. The
applicant agreed.
Questions from the audience were as follows:
• Mary Hastings of 120 Worthen Road questioned how many signs can be allowed on a
property and finds the granite to be obtrusive.
June 14, 2007 Minutes 8
• Judy Eppinger of 5 Ryder Lane asked about the size of the sign.
• Frank Kenny of 124 Worthen Road questioned the need for more signs then what is
already there.
• Felix Consilvio of 122 Worthen Road also questioned why a new sign was needed.
No one spoke in favor of the petition.
Frank Kenny of 124 Worthen Road, Judy Eppinger of 5 Ryder Lane, Mary and Steven Hastings
of 120 Worthen Road spoke in opposition.
The hearing closed at 8:55 pm.
Discussion:
The majority of the Board felt the new sign was needed for recognition but didn't see a reason
for the management company's name hanging from the bottom of the sign.
On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to grant
the special permit to allow a free standing sign per the revised sign plan and with the external
lighting as proposed with the following conditions:
1. The additional hanging part of the sign with the management company's name on it will
be removed.
2. The applicant will apply for a permit with the DPW to fix the sidewalk area by the sign
and landscape the area.
3. Applicant will submit an updated sign plan to the Board.
4. Sign shall be turned off at 9:00 PM daily.
5. The existing signs shall be allowed to remain on the property.
Submitted by: Dianne Cornaro, Clerk
June 14, 2007 Minutes 9
Minutes of the Lexington Zoning Board of Appeals
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 53 Carville Avenue
The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional
Controls of the Code of the Town of Lexington to allow a front setback of 21 -feet instead of the
30 -feet required.
The Chairman opened the hearing at 8:55 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Welkin Johnson and Ruth Oppenheimer of 47 Carville Avenue sent a letter in support of the
petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator and the Conservation Administrator.
Ira Bernstein, owner of the property, presented the petition. He is looking to construct a roof
over the existing deck and to extend the depth of the garage 3 -1/2 -feet. Due to the topography of
the lot the house sits close to the street. In a plot plan done in 1984 the house was within the
setbacks, when new plot plan was done the house was 3 -feet into the setback. He had the
surveyor redo the survey and it was determined that the 1984 plot plan was wrong.
The Board asked if the tree in the front would be staying; Mr. Bernstein replied that it would be
staying.
The Board also asked about the size of the garage, the position of the house on the lot and the
existing shed roof.
There were no questions from the audience.
June 14, 2007 Minutes 10
No one spoke in favor or in opposition of the petition.
Hearing was closed at 9:02 pm.
On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to approve
the VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls to allow a
front setback of 21 -feet instead of the 30 -feet required to build an addition.
Submitted by Dianne Cornaro, Administrative Clerk
June 14, 2007 Minutes 11
Minutes of the Lexington Zoning Board of Appeals
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 52 Williams Road
The relief sought is in accordance with section 135 -39 and section 135 -35, Table 2, Schedule of
Dimensional Controls of the Code of the Town of Lexington: VARIANCE of 1 /2 story from the
maximum height requirement (in stories); and VARIANCE of 2 feet from the maximum height
requirement (in feet).
The Chairman opened the hearing at 9:03 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator.
Karen Zellen, owner of the property, presented the petition. They are looking to demolish the
existing home and construct a two -story single family home with a walk out basement. The new
structure is intended to be similar in bulk to the adjacent modern structures and will require relief
from the height requirements in stories and in feet.
The Board asked for clarification with the setbacks needed, the size of the house on the lot, the
status of the trees on the lot and asked what was the need for the request for extra height.
One of the Board members commented that the Board does not usually grant variances for new
house construction but this request is consistent with what many of her neighbors have already
done, except that this now falls under the new clarification and stronger enforcement of the by
law of submitting the plot plans with topographic plans on them.
Kathy Hamilton of 58 Williams Road asked if any part of the area was going to be filled in.
Karen responded that they would like to bring up the driveway.
June 14, 2007 Minutes 12
Carmen Lombardo of 29 Wyman asked if the applicant could explain what will be done for the
surface water runoff
Richard Horigan of 30 Wyman also addressed the water issues and said he had no problem with
supporting the petition.
No one spoke in opposition.
The hearing was closed at 9:40 pm.
Discussion:
The Board discussed that they need to take separate votes for the two - variances. The majority of
the Board did not feel there was significant hardship to grant the variance for the height above
40 -feet from grade but did not have a problem with the height in stories because of the grade of
the lot.
Decisions:
On a motion by John McWeeney and seconded by Nyles Barnert with a 1 -4 vote the Board
denied the Variance that would allow a height of 2 feet above the maximum height requirement
(in feet).
On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to grant
the variance to allow a 3 -story building.
Submitted by Dianne Cornaro, Clerk
June 14, 2007 Minutes 13
Minutes of the Lexington Zoning Board of Appeals
June 14, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 51 Follen Road
The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional
Controls of the Code of the Town of Lexington to allow a front setback of 16.9 -feet instead of
the required 30 -feet and a side setback of 10 -8 -feet instead of the required 20 -feet at 51 Follen
Road to construct an addition.
The Chairman opened the hearing at 9:40 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator.
Robert Urban, owner of the property presented the petition along with his architect Colin Smith.
The petitioner is requesting variances to construct a two -story addition to the northeast side of
the non - conforming house for a garage and additional living space.
The Board asked if they would be taking any of the trees down. The petitioner said he has taken
great measures to keep the tree line intact.
It was also asked what would happen to the current garage; which is going to be made into living
space.
Harry Mieras of 6 Gibson Road asked what are the requirements for setbacks.
Harry Mieras of 6 Gibson Road spoke in favor of the petition.
No one spoke in opposition of the petition.
June 14, 2007 Minutes 14
The hearing was closed at 9:55 pm.
On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 -0 to approve
a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of
the Town of Lexington to allow a front setback of 16.9 -feet instead of the required 30 -feet and a
side setback of 10 -8 -feet instead of the required 20 -feet at 51 Follen Road to construct an
addition.
Submitted by Dianne Cornaro, clerk.
June 14, 2007 Minutes 15
Minutes of the Lexington Zoning Board of Appeals
April 12, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Maura L. Sheehan, and Judy J. Uhrig.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 15 Donald Street
The relief sought is for a SPECIAL PERMIT in accordance with section 135 -29A of the Code of
the Town of Lexington to expand second floor by raising roof and adding 2 dormers and roof
over existing front porch.
The Chairman opened the hearing at 9:55 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator.
Jessica Barnert and Amy Nash, owners of the property, presented the petition along with their
architect, Frederick Wells. The petitioner is requests variances to construct a two -story addition
to the northeast side of the non - conforming house for a garage and additional living space.
The Board asked for clarification of the front porch set back.
There were no questions from the audience.
No one spoke in favor of the petition.
No one spoke in opposition of the petition.
The hearing was closed at 10:00 pm.
On a motion BY John McWeeney and seconded by Judith Uhrig, the Board voted 5 -0 to grant
the SPECIAL PERMIT in accordance with section 135 -29A of the Code of the Town of
Lexington to expand second floor by raising roof and adding 2 dormers and roof over existing
front porch.
June 14, 2007 Minutes 16
Submitted by Dianne Cornaro, Clerk
Other Business:
1) Board discussed 62 Baskin Road and suggested the applicant reapply for the Variance
and we will defer the fee.
2) Minutes for April 26, 2007, May 10, 2007 and May 24, 2007 were approved.
Submitted by Dianne Cornaro, Clerk