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HomeMy WebLinkAbout2005-12-08-ZBA-min MINUTES of the Lexington Zoning Board of Appeals December 8, 2005 Present: Chairman — Judith Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney. Petition Address: 5 Fulton Road The relief sought is for a Special Permit to allow operation of a non - profit art gallery. The Chairman opened the hearing at 8:00 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were comments from the Planning Department and the Zoning Enforcement Officer concerning which By -Law the permit would fall under; and the Conservation Commission concerning parking near the Shaker Glen Conservation area. There was a petition received by 9 households in opposition with the following information attached: Letter detailing concerns from #6, #7 Fulton Road and #1 Cooke Street; Two maps with details of location of the petitioners opposing; photograph of Fulton Road and a printout from Ms. Walzer's professional website. A separate letter of opposition was received from David and Wendy Ernst of 1 Cooke Road. Also received before the meeting was a petition of support sign by 17 people. Didier Collin presented the petition on behalf of the owner, Sirarpi Heghinian - Walzer. An updated letter of justification, a letter of support from 16 Cooke Street and an updated petition signed by 25 supporters was submitted at the meeting. Questions /Comments from the Board: Nyles Barnert: You mentioned 10 shows, how long is each show? Answer: 4 to 6 weeks. Nyles Barnert: Explain what you mean by appointment /invitation. How many at a time? Answer: 1 at a time; the only time there would be more cars would be for an opening. Openings are by invitation, are longer hours and only 1 per show. Nyles Barnert: One of the requirements for a home occupation is to have no more than 10 cars per day. John McWeeney: Someone mentioned cultural events at the house. What are they? Answer: Son is in a group and it is group of youth singers getting together. John McWeeney: You will not be actively teaching at the house? Answer: I would love to but not planning on it. Maura Sheehan: The Conservation Commission's comment was no parking on Rolf Road; would you have a problem with parking restrictions. Answer: On occasion when they have an opening there may need to park on Rolf Road but it would not be the main parking for the gallery. Would not be a problem. 2 Maura Sheehan: How many weeks are you looking to be open? Answer: Projection is 45 shows. John McWeeney: The non - profit does not currently exist? Answer: It is in the process of being submitted. John McWeeney: You are currently exhibiting at the Depot Gallery. Will you continue to exhibit there? Answer: Yes Judy Uhrig: Don't understand the house layout. Could you explain? Entrance by garage, go thru mudroom, exhibit in living room. Basic raised ranch. Maura Sheehan: Would you have a problem if the hours were restricted to Tuesday thru Saturday from l l:oo am to 4:oo pm. Shows would also be held to those hours as well. Answer: No we would not have a problem with that. Questions from the Audience: 462 Lowell Street: Is the intent of the letter as a non - profit business allowed by by -law? Answer: Yes, allows operation of a home occupation by one person. One person can start a non - profit. Questioner felt the applicant is sponsored by an organization. 7 Fulton Road: On the signatures submitted in favor of the petition, how many signatures are from Fulton Road? Answer: 3 6 Fulton Road: This is a gallery for collectors; what is the screening process and can you give me the definition of a collector? Answer: A collector buys and follows a particular artist. The buyer lists is a confidential list that comes from galleries. We expect one customer at a time. 7 Fulton Road: We've been hearing all kinds of parking numbers from 40, 15, limits of 10, where does the 15 fit in? Answer: They created a misunderstanding when they were figuring and weren't being realistic. Petitioner would like to cooperate with neighbors. Their intention is not to disrupt the neighbors. 3 Fulton Road: When does a special permit expire? Answer: We usually grant it for one year, if there are no problems then we will renew it for a longer period of time. 1 Fulton Road spoke in favor of the petition saying that he believes traffic will not be a problem. 6 Fulton Road, 462 Lowell Street, 2 Fulton Road and 7 Fulton spoke in opposition of the petition citing concerns for traffic, parking and safety of children in neighborhood. At the hearing an updated petition signed by ten abutters was presented to the Board from Lawrence Schwartz and a letter of concerns from #6, #7 and #9 Fulton and #1 Cooke. Discussion: Nyles felt that there clearly needed to be conditions of 1 customer at a time. John McWeeney 3 On a motion by Nyles Barnert and seconded by Arthur Smith, the board voted 4 -1, with John McWeeney voting in opposition, to accept the Special Permit with the following conditions: Hours of operation shall be Tuesday thru Saturday, 11:00 am to 4 pm. Gallery shall be open no longer than 45 weeks per year. There shall be no more than six show openings during the one -year period. No employee parking on the street. No more than ten clients permitted per day and one at a time. Permit issued for one year. Expiration date shall be December 31, 2006. 4 MINUTES of the Lexington Zoning Board of Appeals December 8, 2005 Present: Chairman — Judith Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney. Petition Address: 10 Maguire Road The relief sought is for a Special Permit to allow a use totally confined within a building not otherwise allowed. The Chairman opened the hearing at 8:50 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were comments from the Conservation Commission (Interior alterations not subject to conservation review), Planning Board (questioning the which by -law the petition should be under) and the Zoning Enforcement Officer (Confirming the By -law requirement for this petition). Robert King, of Essex River Ventures presented the petition for the regional Headquarters for the US Immigration and Customs Enforcement (ICE). Bruce Chapman from ICE was also present to answer any questions. Mr. King explained that this is an administrative immigration processing office for the New England area and that the average time for processing the immigrants would be approximately two to three hours. There would be no overnight stays and the average caseload would be about 15 detainees per day. They would be transported to the facility from holding areas in unmarked vans. Questions /Comments from the Board: Maura Sheehan: We usually issue Special Permits for one year subject to renewal with no issues; would you have a problem with that? Answer: The GSA lease is for 7 years and they would be taking a substantial risk if the permit were less than the 7 years. It will take at least 6 months to move in and the build out is expecting to cost approximately a million and a half. John McWeeney: Not totally sure what it is you do; can you explain? Answer: The US Immigration and Customs Enforcement agency enforces immigration laws. People are detained in county jails allover NE. They remove approximately 3,000 immigrants per year. They expect that approximately 1800 to 2000 people will be process thru this office. Only 875 square feet will be used as holding areas; the balance of the 5,775 square foot facility will be for administrative purposes. Maura Sheehan: Where are they transported from? Answer: They are mainly transported from the Boston area in a secured van with no markings. They run a very low -key operation. 5 Arthur Smith: If it weren't for the 875 square feet of area you are using for detaining of the immigrants you would not need a special permit. Answer: That is correct. Arthur Smith: Do you have any sort of a public document with regulations as to what you will be doing there? Answer: Not really, in our lease it has that there will be no beds at the facility, will be daytime use only and will be basic processing; gathering information. John McWeeney: We should have condition that would limit the special permit to ICE being the only Government agency to use the space. Board in agreement. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 9:09 pm. The Board discussed the conditions that would be appropriate for such a facility. The Board wants to be sure that the use is limited to what was discussed at the hearing. On a motion by Arthur Smith and seconded by Nyles Barnert, the board voted 5 -0 to grant the special permit to allow a use totally confined within a building not otherwise allowed with the following conditions: 1. Facility used only by the US Immigration and Customs Enforcement Agency. 2. Length of Special Permit shall be for seven years. 3. The Processing area shall be limited to daytime use only. 4. There shall be no overnight housing. 5. The processing area shall be limited to the 5,775 square foot (plus or minus minor variation) area as stated in the application. Submitted by: Dianne Cornaro, Clerk 6 MINUTES of the Lexington Zoning Board of Appeals December 8, 2005 Present: Chairman — Judith Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney. Petition Address: 63 Harding Road The relief sought is for a Special Permit to allow construction of shed after destruction of more than 50% of structure. Chairman opened the hearing at 9:10 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were no comments received from any board, commission or department. Letters of support were received from 60, 61, 62, 64 and 65 Harding Road and 100 Gleason Road. Letter of opposition received from 94 Gleason Road. Lorenzo Ponzanelli, owner of the home, presented the petition explaining the need to demolish the damaged shed and his desire to rebuild a slightly smaller shed in the same area. Questions from the Board: John McWeeney: You are requesting a 10 x 12 foot shed; would you consider going slightly smaller? Answer: Yes, he agreed to do anything that was needed. Judy Uhrig: You are asking to go 5 feet from the rear and side of the property line? Answer: Yes Judy Uhrig: Would you consider putting in trees behind the shed? Answer: Yes Maura Sheehan: The old shed was 3 feet from lot line, which is closer than what is being asked for? Answer: Yes. Questions from the audience: Joe Clarke, 94 Gleason Road. What does the special permit mean? Answer: It is a legal requirement that allows a permanent structure to be built. Mr. Clarke said he objected to it if it were considered permanent. He was shown the design for the shed, which does not have a concrete base. 60 Harding Road spoke in favor of the request stating that any work that Mr. Ponzanelli has done to the property has been beautiful. 100 Gleason Road also was in full support. Joe Clarke, 94 Gleason Road spoke in opposition. The hearing was closed at 9:25 pm Discussion: The Board felt that Mr. Ponzanelli was willing to do whatever was necessary to please his neighbors and the placement of the shed is actually further from the lot line than the previous shed was originally. Decision: On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to GRANT a SPECIAL PERMIT to allow construction of shed after destruction of more than 50% of structure with the condition that the shed shall be no larger than 8 feet x 12 feet. Submitted by: Dianne Cornaro, Clerk 8 MINUTES of the Lexington Zoning Board of Appeals December 8, 2005 Present: Chairman — Judith Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney. Petition Address: Valleyfield Road, Lot 47B The Chairman opened the hearing at 9:25 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. A letter from Atty. Grant was received outlining the deed history of the two lots going back to 1923. Comments were received from the Conservation Commission stating that the property is subject to wetland protection act and will need to be permitted by the Conservation Committee and the planning board in support of the Zoning Enforcement Officer's decision. The relief sought is to appeal a decision by the Zoning Enforcement Officer dated October 17, 2005 Attorney Ed Grant presented the petition for the owner Valleyfield Street Realty Trust. Atty. Grant presented information regarding the property deeds and ownership that had not been submitted to Matthew Hakala, the Zoning Enforcement Officer. If Mr. Hakala had received this information, Atty. Grant feels he would have made a different decision. Questions /Comments from the Board: Judy Uhrig: Why hadn't Mr. Hakala received all the information needed to make a sound decision? Answer: Atty. Grant was not part of the application process at the time Barry Caouette, on behalf of himself as a prospective purchaser and the owner presented the original application. Robin Tripi, daughter of the deceased former owner, had not been properly advised as to what was needed. She had assumed it was 2 lots from what she had understood from her father who had paid taxes on the property as it being 2 separate lots. Nyles Barnert: Exhibit 15 is bothersome to him; doesn't it apply a combined lot? Answer: The deeds mention separate lots all the way thru the history of the lots. Maura Sheehan: Did Matt take exhibit 15 into consideration: Answer: Atty. Grant felt that was a done many years ago as a matter of convenience. It does say 2 certain lots. Judy Uhrig: Fencing, plantings on empty lot does not serve any purpose to house lot. They have paid separate taxes. There were no questions from the audience. Michael Scotti, 62 Valleyfield Street spoke in favor of the petition. No one spoke in opposition. 9 Hearing was closed at 9:56 pm. Discussion: Board felt the petitioner's presentation was very convincing that the lots should be separate considering that they had been paying taxes as two separate lots. On a motion by John McWeeney and seconded by Arthur Smith, the Board voted 5 -0 to overturn the decision of the Zoning Enforcement Officer based on the deed history and other evidence received. Submitted by Dianne Cornaro, Clerk 10 MINUTES of the Lexington Zoning Board of Appeals December 8, 2005 Present: Chairman — Judith Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney. Petition Address: 193 Burlington Street The Chairman opened the hearing at 10:00 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. There were no comments from any Board, Commission or Department. The relief sought is to allow a Variance from the front set back of 18.6 feet from lot line. Carl Oldenburg, Architect for the project, presented the petition for the owners Moses and Muriel Khazam. Questions from the Board: Judy Uhrig: Questioned the stairs in the picture. Answer: Steps not used and the bushes would be removed. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 10:08 pm. Discussion: On a motion by Maura Sheehan and seconded by John McWeeney, the Board voted 5 -0 to Approve to allow a variance from front set back of 18.6 from lot line. Submitted by Dianne Cornaro, Clerk