2011-01-13 ZBA-Min - Laserfiche WebLink

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BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 27-31 Massachusetts Avenue, Map 13, Lot 415A and 415B Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; copy of special permit approved June 14, 2007 and Noise measurements from Noise reduction Products Inc. dated December 29, 2010. A letter of opposition was received from Arline Burns of 37 Cliffe Avenue. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:52 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edmund Grant presented the petition for the owner of the property, Ronald Thompson of Mass Ave Realty LLC. The applicant is requesting to renew the special permit for the car wash granted in 2007 and to allow a modification of the operating hours. Attending the hearing with Attorney Grant were Ron Thompson, Henry Hogan, Car wash Manager and Noise Expert, Tom Eslinger. The applicant is requesting renewal for 5 years and to allow the 5-bay self service, touchless, automated car wash to be allowed to operate from 7:00 am to 9:00 pm seven days a week. At the hearing the applicant presented a petition signed by 17 customers in favor of the new hours, a list of allowed hours of operation for car washes in surrounding towns and a proposed condition for the modification of hours. The Chairman asked if there were any noise measurement tests done during the night. The noise expert, Tom Eslinger and Ron Thompson both spoke about the noise conditions.