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HomeMy WebLinkAbout2021-04-22-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 8, 2021 Board Members: Acting Chair—Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and Associate Member James Osten Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1060 Waltham Street The petitioner is requesting a SPECIAL PERMIT 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 H.2.03, as amended by Article 12, adopted at the October 14, 2020 Town Meeting, to allow banking service delivered on site to persons in a car, otherwise known as a drive-thru ATM. The petitioner submitted the following information with the application: Nature and Justification, Plans, and 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 Zoning Administrator, the Building Commissioner, Fire Department and the Conservation Administrator. Presenter: John Farrington, Attorney, and Joseph Kenney, engineer, on behalf of Chase Bank The Hearing was opened at: 7:00 PM. Mr. Farrington presented the petition. He stated they propose a bank office building and banking service delivery by car in way of a drive through. He then described the site and its previous use. He described the loop for the drive through. A traffic study was conducted in November 2019. The traffic impact from the proposed use is not expected to ....within the study area. The study finds the side entrance safe and more than adequate. Manages storm water run-off. Impervious surface reduction. This is a commercial area. A Board Member, Nyles N. Barnert, asked what the primary use would be for the ATM (Mr. Farrington responded it would be for typical bank transactions). Mr. Barnert asked if they expect any back up of cars while waiting in line (Mr. Kenney stated it was designed so it is a dual drive through configuration). An Associate Member, James Osten, stated there is an existing Chase Bank in Waltham. He asked if there was an estimate of traffic at that existing Waltham location (Mr. Kenney stated the Chase Bank in Waltham has minimal traffic noted on site). A Board Member, Norman P. Cohen, asked if the existing building will be taken down (Mr. Farrington stated that was correct). Mr. Cohen questioned if the ATM would be a stand-alone ATM or if anyone would be manning it (Mr. Farrington stated the bank building will have staff for banking services). A Board Member, Martha C. Wood, questioned lighting and landscaping (Mr. Kenney stated the bylaw requires a plan for this. The design lighting specifies there is no carry over of lighting. They will have hedges with the estimated height between 7 to 8 feet). Acting Chair, Jeanne K. Krieger, questioned the hours of operation (Mr. Kenney stated 9 am to 5pm on weekdays and 9 am to 1 pm on Saturdays. The ATM facility will be a 24 hour operation). Mrs. Krieger questioned the proposed lighting after the Bank closes (Mr. Kenney stated they propose to have over head lights that are on a sensor. The lights will turn on as the customer enters and the light will turn off 30 minutes after customer has completed their business). Mrs. Krieger questioned the location of the lights that will be on a sensory and stated 30 minutes is a long time (Mr. Kenney stated the lights will be in the general vicinity of the ATM. The time can be shorter, 5 minutes). Mrs. Krieger suggested a condition that the after-hours lights for the ATM be on no more than 5 minutes after transactions are completed (Mr. Kenney agreed). Mr. Cohen questioned if the applicant has been before the conservation commission (Mr. Kenney stated that is ongoing, they have been before the Commission a few times). There were no questions from the audience. Mrs. Krieger stated the applicant would need to come back again to be permitted for signs. Mr. Cohen stated the building needs to have an occupancy permit before the ATM is operating. (Mr. Kenney stated that would be the understanding). There were no further questions from the Board. The Hearing was closed at 7:30 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 SPECIAL PERMIT 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 H.2.03, as amended by Article 12, adopted at the October 14, 2020 Town Meeting, to allow banking service delivered on site to persons in a car, otherwise known as a drive-thru ATM. (a role call was taken: Jeanne K. Krieger—Yes, Martha C. Wood —Yes, James Osten —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes). Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 8, 2021 Board Members: Acting Chair—Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood and Associate Member James Osten Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the April 8, 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 25, 2021 Hearing (a role call was taken:, 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.