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2008-07-24-ZBA-min
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2008-07-24-ZBA-min
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Minutes - ZBA - Zoning Board of Appeals
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Minutes of the Lexington Zoning Board of Appeals <br /> Selectmen's Meeting Room, Lexington Town Hall <br /> July 24, 2008 <br /> Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, <br /> Carolyn C. Wilson, and Associate Member John T. Gilbert <br /> Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator <br /> Petition Address: 301 Massachusetts Avenue, Map and Lot: 13 -368 <br /> The relief sought is for a renewal of a special permit in accordance with the Zoning By -Law <br /> (Chapter 135 of the Code of Lexington) section Table 1, Line 11.11 to continue to operate an <br /> automobile rental service for an additional 3 years in a CRS District. <br /> The Chairman opened the hearing at 7:33 PM by reading the legal notices and described <br /> information received from the petitioner relative to the petitions. <br /> Prior to the hearing, the petition and supporting data were reviewed by the Building <br /> Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, <br /> Zoning Administrator, and the Planning Board. Comments were received from the Zoning <br /> Administrator. <br /> Darrin Trebbett, Area Manager for Enterprise Rent A Car, presented the petition. Also present at <br /> the hearing was Jack Maloney, representing the owner of the property, Arlex Oil and Mr. Gary <br /> Larson the Landscaping architect. <br /> The petitioner seeks to renew a previously granted special permit to operate a rental car service <br /> at the site. The special permit was approved with conditions. Under the Zoning By -law, Line <br /> 11. 11, motor vehicle sales or rental is allowed in the district by special permit. The original <br /> special permit was issued in 1996 subject to conditions and granted certain modifications of the <br /> parking, landscape, and transition screening requirements. The 1996 special permit was renewed <br /> in 1997 and then in 2005. The 2005 renewal was retroactive and should have been renewed in <br /> 2002. The petitioner indicated, at that time, that failure to renew was an oversight. <br /> The Chairman of the Board asked the petitioner to address issues brought forward by David <br /> George, the Zoning Administrator who had conducted a site visit to the site on July 21, 2008. <br /> From that site visit, it was determined that the landscaping is not in substantial compliance with <br /> the original special permit. Also, the lot is not in compliance with the maximum parking of 13 <br /> spaces. At the time of the site visit, two Arlex Company trucks were either fully or partially <br /> blocking the two marked tandem spaces on the side of the building (Mass Ave. side). <br /> Mr. Trebbett was unaware of the original landscaping plan and had talked with Mr. Eagle of <br /> Arlex Oil who is responsible for the landscaping of the building. They said if the Board feels <br /> they need to do more then they will comply with the Boards request. Mr. Maloney, of Arlex Oil, <br /> told the board they had planted many trees and bushes over the years that have not survived. <br /> Due to the mature nature of bushes that are there it is not feasible to have as many bushes planted <br /> as was on the original landscaping plan. <br />
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