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HomeMy WebLinkAbout2023-07-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member David Williams Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1749 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT RENEWAL 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 renew a Special Permit to allow fast food service and to allow take-out food service outside of the allowed hours. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Previously Granted Special Permit and a Plot Plan Waiver Request. 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 Zoning Administrator and the Building Commissioner. The Hearing was opened at 7:09 pm Presenter: Lisa Mitchell Ms. Mitchell presented the petition. She stated they are renewing the Special Permit, there have been no changes. The Board stated their concern for the Special Permit being renewed in a timely manner (They have hired a company to take care of this. This third-party vendor was not aware of this Special Permit until recently). Chair, Ralph D. Clifford, stated it is a condition that permit gets posted in the business, it might help to do this. There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed 7:15 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). A Board Member, Nyles N. Barnert, suggested a five-year renewal. The question of hours of operation was brought up to the Board by staff. The Hearing was re-opened at 7:17 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Ms. Mitchell stated the hours are 6 am to 7pm Monday through Friday and 7 am to 7 pm on Saturday and Sunday. The Hearing was closed 7:18 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board agreed to the same conditions as the previous Special Permit except to change the hours of operations and a five-year renewal. 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) 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development Standards) Line J.1.02 to renew a Special Permit to allow fast food service and to allow take-out food service outside of the allowed hours (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes) with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member David Williams Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 700 Waltham Street The petitioner is requesting a SPECIAL PERMIT RENEWAL in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 to renew Special Permit to allow the acquisition and storage of vehicles in the RO (one-family dwelling) zoning district. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Letter from Applicant, Aerial Image of Property and Previously Granted 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 Zoning Administrator and the Building Commissioner. The Hearing was opened at 7:20 pm Presenter: Attorney William Dailey Jr. Mr. Dailey presented the petition. He stated this is a Special Permit renewal for the renewal of the exact same use. This use has been in place for about 53 years. They take in about 500 vehicles form the Lexington residents each year and they work closely with the police department, fire department and High School students. They have complied with all the conditions and ask to extending the permit renewal for ten years. A Board Member, Nyles N. Barnert, stated the abutters noted trucks running on the property day and night outside of normal hours (They are not aware of that or any complaints made to the town. The hours are set forth in the conditions for the trucks. There are no trucks coming in and out at night time). Associate Member, David Williams, suggested the Board remove the condition that says they cannot accept metal from citizens of the Town. There should be a way citizen can dispose of metal. Mr. Dailey stated on occasion someone will call ask if they can pick it up and he does that. People have a lot of trouble getting rid of snowblowers and lawn mowers. Chair, Ralph D. Clifford, stated they shouldn’t amend the Special Permit on the fly. This should be referred back to staff. Mr. Dailey stated they could put a dumpster at the Town Dump and they can pick up the dumpster. Mr. Clifford stated the Board approves a 5-year renewal for everyone. He then questioned a puddle of water that was seen on site with an oil sheen. Jim Borrebach, OHI Engineering Inc at 44 Wood Ave Mansfield MA, stated he conducted a site visit in June and didn’t note sheen on surface water. It takes very little oil to make sheen, a drop or two. He stated he worked on prior releases that had been notified to DEP in 2011-2012 the site had achieved what was called a Class-C response action outcome. In July of 2018 he filed a five-year evaluation of that report indicating site conditions had stabilized. In 2019 he filed a permanent solution statement that found a condition of no significant risk for the foreseeable future. Mr. Clifford questioned if there are new technologies that were not available in 2018 that would be more limiting (Mr. Borrebach stated change is constant but nothing that would significantly change what was done at the site). A Board Member, Nyles N. Barnert, stated his concern as times evolve they may identify new problems or new sources of potential problems. He questioned if they should ask for new environmental impact (Mr. Borrebach Mass DEP does change regulations and can amend the standards). Mr. Clifford questioned the cost a full survey (Mr. Borrebach stated three thousand dollars or so). An audience member, Ricki Pappo of 16 Blossomcrest Rd, questioned if the Zoning Administrator has gone out to check the site (Ms. Krakauer Moore stated yes). She stated things are discover all the time that were not an issue before. She stated her concern for making sure none of this getting into our ground water and would like to see another site inspection. This is a public health issue. The noise is day and night, they hear trucks all hours of the night. She questioned if it’s possible to continue monitoring this sensitive site. Mr. Borrebach stated when they do an evaluation they look at ground water and potential exposure to ground water. He explained this further and discussed the standards. Ms. Pappo stated the basis is on if this water is going to be drank by a local citizen. There are wetlands that discharge into a neighborhood. One of the owners of the wells that were impacted would not shut the well down but was continuing to use the well water to water their lawn, putting the water back into the ground (Mr. Borrebach stated that is true. They evaluated that as part of the permanent solution). An audience member, Eleni Splagounias of 50 Allen St, stated her concern with the Allen St entrance/exit and traffic. She stated she looks at the rows of cars and it’s an eyesore. She questioned if they could close off that entrance. Mr. Dailey stated there is a house that is occupied that uses that driveway. Ms. Splagounias questioned if they could move some of the big trucks at the top of the hill behind the barn or plant evergreens. Mr. Dailey stated they did plant 20 trees there. They will be in touch with Ms. Splagounias to do what is necessary. An Audience Member, Fernando Quezada of 26 Blossom Crest Rd, questioned the site visit. Ms. Moore stated she did a site visit on the one-acre area. Mr. Quezada stated if only the one acre was looked at how can we make sure the conditions are met. He stated he is speaking in favor of compliance with conditions. An audience member, Caleb Rogers of 16 Blossomcrest Rd, stated he hears truck noises all hours of the day and night and on the weekends. He would prefer to have an official town representative to call, rather than to call Mr. Carroll. He stated people can call the disposal company and they will pick it up metals. The Town already pays for that. Ms. Splagounias asked if they would agree to ask all employees to not use Allen St entrance/exit. (Mr. Dailey agreed). Mr. Dailey stated it would be helpful if any observations made of noise, Mr. Carroll or the Zoning Administrator be notified so that the problem can be addressed. The DEP has the authority to audit Mr. Carroll. He then suggested a seven-year renewal. The Hearing was closed at 8:28 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board agreed to a condition that the employees not use the Allen St for ingress or egress. The Board discussed and agree to a five-year renewal. Mr. Clifford stated his concern about pollution. He proposed a condition that for any future renewals a Phase 1 survey be done and submitted to the Board as part of the process. The Board agreed. 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) 135-9.4 to renew Special Permit to allow the acquisition and storage of vehicles in the RO (one-family dwelling) zoning district (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes) with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom July 13, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member David Williams Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the May 25, 2023 and June 8, 2023 Hearing The Board of appeals voted five (4) in favor, zero (0) opposed, and one (1) in abstention to approved the minutes from May 25, 2023 and June 8, 2023 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, David Williams – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Adjourn