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HomeMy WebLinkAbout2008-12-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Before opening any hearings the Chairman informed the Board and the audience that there were two scheduled hearings that had requested to be postponed: 1. In a letter, dated December 11, 2008, Adam Braillard, Attorney for MetroPCS Massachusetts, LLC requested that the hearing for the wireless communication facility at 60 Concord Avenue be postponed until January 8, 2009. On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5- 0 to postpone the hearing as requested until January 8, 2009 at 7:30 pm. 2. In a letter, dated December 11, 2008, Steven Schwartz of Goulston and Storrs, representing AvalonBay Communities requested that the hearing to appeal a decision of the Building Commissioner be postponed until Thursday, January 22, 2009. The Building Commissioner, Garry Rhodes, spoke to the Board to give an update of the discussions being held in an effort to resolve issues being raised by AvalonBay concerning the construction of a sidewalk. On a motion by Carolyn C. Wilson and seconded by Judith Uhrig, the Board voted 5 -0 to postpone the hearing as requested until January 22, 2009 at 7:30 pm. December 11, 2008 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1265 Massachusetts Avenue, Map 39 Lot 80C The Chairman opened the hearing at 7:38 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Laura Hopkins, representing the owner of the property Arthur Georgaklis, presented the petition. The petitioner seeks to renew two previously granted special permits for Seasons Four. Ms. Hopkins apologized for being late renewing the Special Permit stating that she had just taken over the operation of Seasons Four from her brother. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Zoning Administrator and the Conservation Administrator. The board confirmed that the conditions were to be the same. There were no questions from the audience. No abutters spoke in opposition or in support of the petition. The hearing was closed at 7:40 PM. On a motion by John McWeeney and seconded by Carolyn Wilson, it was voted 5 -0 by the board to RENEW TWO SPECIAL PERMITS, granted in accordance with section 135 -16A, Table 1, Lines 3.13 and 4.14 in accordance with section 135 -11 to continue to operate a nursery and retail garden center and to sell Christmas trees and wreaths with continuation of extended regular business hours during the Spring and Christmas seasons at 1265 Massachusetts Avenue with the following conditions: December 11, 2008 ZBA Minutes 3 1. Permitted hours of operation are 9:OOAM to 5:OOPM, seven days a week. 2. Weekday hours of operation are extended to 9:00 PM from mid -April to the end of July and from the Friday after Thanksgiving to December 23. The Saturday and Sunday closing hours will remain 5:00 PM. 3. These special hours are applicable to retail sales only and do not extend the present hours permitted for receiving and delivering by truck. 4. Lighting on the freestanding sign at Massachusetts Avenue must be extinguished at close of business. 5. Lighting in the selling area shall be on during the selling period of this permit only, and lighting and poles must meet with the approval of the Building Commissioner. All lighting shall be shielded from the Massachusetts Avenue and Ingleside Road residential community. No rooftop display of any kind will be permitted. 6. All refuse, tree branches, clippings, scraps, etc., shall be stored, handled and disposed of in a sanitary manner and all debris including excess trees must be disposed of properly after the sale period comes to an end. 7. If animals are kept on the premises, a permit must be obtained from the Board of Health. 8. This special permit is renewed for five years and will expire on December 31, 2013 Submitted by: Dianne Cornaro, Administrative Clerk December 11, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 30 Barberry Road, Map 11, Lot 56 The Chairman opened the hearing at 7:41 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is for two Variances: 1) To allow a side yard setback of 7 ft. 8 '/z- in. instead of the required 15 -ft. side yard setback and 2) To allow a side yard setback of 10 ft. 2 -in. instead of the required 15 -ft. side yard setback. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received the Zoning Administrator. Letters of support were received from Mr. & Mrs. Robert Bicknell of 32 Barberry Road and Ruth Weiss of 28 Barberry Road. Christopher Blake, owner of the property presented the petition. In response to a complaint from an abutter the petitioner was made aware that decorative gazebo /trellis /pergola structures that were constructed as landscaping elements and replaced structures that were previously in the side yards was nearer to the side lot lines than allowed. The applicant seeks variances to bring the structures into zoning compliance. The applicant indicates that the house limits placement of the structures on the lot. The board asked about the history of the house and renovations done to the house. The Board also asked who owned the fence on the side of the yard and questioned whether the fence was conforming. The Chairman asked the Zoning Administrator why the trellis was not considered to be a fence. David George explained that the sonar tubes used to anchor the trellis make it a permanent structure. There were no questions from the audience. No one spoke in favor of the petition. December 11, 2008 ZBA Minutes 5 No one spoke in opposition of the petition. The hearing was closed at 7:49 PM. On a motion by John J. McWeeney and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve the two Variances: 1) To allow a side yard setback of 7 ft. 8 '/z- in. instead of the required 15 -ft. side yard setback and 2) To allow a side yard setback of 10 ft. 2 -in. instead of the required 15 -ft. side yard setback at 30 Barberry Road. Submitted by: Dianne Cornaro, Administrative Clerk December 11, 2008 ZBA Minutes 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 7 Sylvia Street, Map 13, Lot 37 The Chairman opened the hearing at 7:50 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Zoning Administrator. Thomas Fernandes, owner of the property, presented the petition. The relief sought is for a special permit to allow for repair after demolition of a portion of a non- conforming structure. The applicant seeks to remove the second story non - conforming porch and replace it with a new porch and roof, as shown on plans submitted with the application. The applicant indicates the existing roof leaks, resulting in structural damage to the building. The proposed construction would not increase the nonconformity of the structure or lead to increased floor area or site coverage. The Board questioned if the applicant would be losing living space with the proposed renovation. The Chairman inquired about the plans for the stairs, which he felt, did not match the drawings submitted. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:53 pm. On a motion by Carolyn Wilson and seconded by John J. McWeeney, the Board voted 5 -0 to approve the special permit to allow for repair after demolition of a portion of a non - conforming structure December 11, 2008 ZBA Minutes 7 Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 411 Waltham Street, Map 32, Lot 14 The Chairman opened the hearing at 7:55 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Zoning Administrator. Suren Der Avedision, General Manager of the Liquor Store, presented the petition. The relief sought is to allow renewal of a previously granted special permit to allow package liquor store. The Board questioned if the applicant was okay with the conditions of the original special permit. David George, the Zoning Administrator, commented that a banner sign on the building needed a special permit. The applicant agreed to take the banner sign down. The Board asked David to clarify the bylaw for banner signs and discussed the bylaw. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:04 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to renew the special permit for a term of 5 years with the following conditions: 1. Hours shall be Monday through Saturday from 9:00 am until 9:00 pm and Sunday from 12:00 noon until 8:00 pm. 2. There shall be no food preparation done on the premises. December 11, 2008 ZBA Minutes 8 3. No deliveries before 7:00 am or after 8:00 pm. 4. Trash shall be kept in a locked dumpster. 5. Permit is for a term of five years and will expire on December 31, 2013. 6. Applicant will be responsible for renewing special permit 8 weeks before the expiration date. Submitted by: Dianne Cornaro, Administrative Clerk December 11, 2008 ZBA Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 315 Marrett Road, Map 32, Lot 56 The Chairman opened the hearing at 7:55 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Health Director, the Selectmen's Office and the Zoning Administrator. Denian Zhuang, Owner of the Business, presented the petition. The relief sought is a special permit to allow a take -out food business specializing in Chinese cuisine. The applicant, in its materials enclosed with the application, indicates that the business is the functional equivalent of a doughnut store (see menu enclosed with application). The main items proposed for sale are steamed buns, doughnut twists, breakfast sandwiches, and tea /coffee The Board asked for a clarification of which part of the building the business would be in and how many employees would be parked there for the day. A resident from 11 Grapevine Avenue was concerned with the parking situation for the plaza. James Manganello, owner of the Marrett Square Plaza spoke in favor of the petition and addressed the parking concern. He told the Board that it was Dunkin Donuts employees who parked in front of 11 Grapevine. No one spoke in favor of the petition. A resident from 309 Marrett Road spoke in opposition of the petition citing parking as an issue. The hearing closed at 8:19 pm. December 11, 2008 ZBA Minutes 10 On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the special permit for one year with the following conditions: 1. Hours shall be Monday through Saturday from 7:00 am until 8:00 pm and Sunday from 9:00 am until 8:00 pm. 2. There shall be no tables and no consumption of food on the premises. 3. No deliveries before 7:00 am or after 8:00 pm. 4. Trash shall be kept in a locked dumpster. 5. Permit is for a term of one year and will expire on December 31, 2009 6. Applicant shall be responsible for renewing the special permit 8 weeks before the expiration date. Submitted by: Dianne Cornaro, Administrative Assistant December 11, 2008 ZBA Minutes 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 750 Marrett Road, Map 52, Lot 3A The Chairman opened the hearing at 8:21 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator, Planning Board and the Communications Advisory Committee. Comments were received from the Communications Advisory Committee and the Zoning Administrator. Attorney James Hoyt, presented the petition for the applicant, Sprint Wireless Broadband Company, LLC and its affiliate Nextel Communications of the Mid - Atlantic Inc. The relief sought is for a special permit to allow modification of an existing wireless telecommunication's facility. The applicant seeks to add 3 panel antennas to the existing installation, 2 equipment cabinets, accessory cabling in cable runs, 2 backhaul dish antennas, and a Global Positioning Satellite antenna on the rooftop. The installation of the antennas is part of the applicants Worldwide Interoperability for Microwave Access (WiMAXX) upgrade to its network. The proposed antennas would be located at 105, 110, and 111 -ft. above grade level. Cabling for the project would be located within a cable run. The application has been reviewed by the Communications Advisory Committee, which has no significant issues with the project as proposed. On August 28, 2008 a special permit was granted to a different wireless carrier to allow it to install a telecommunication's facility at this address. The Board commented on the amount of equipment already at the site. Attorney Hoyt told the board the appearance of the facility would not be changing. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:28 pm. December 11, 2008 ZBA Minutes 12 On a motion by Arthur C. Smith and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve the special permit as requested for a period of fifteen years. This special permit will expire December 31, 2023. Submitted by: Dianne Cornaro, Administrative Clerk December 11, 2008 ZBA Minutes 13 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 11, 2008 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 40 Hartwell Avenue, Map 84, Lot 84A The Chairman opened the hearing at 8:29 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator, Planning Board and the Communications Advisory Committee. Comments were received from the Communications Advisory Committee and the Zoning Administrator. Attorney James Hoyt, presented the petition for the applicant, Sprint Wireless Broadband Company, LLC and its affiliate Nextel Communications of the Mid - Atlantic Inc. The relief sought is for a special permit to allow modification of an existing wireless telecommunication's facility. The applicant seeks to add 5 backhaul dish antennas that range in size form 1 -ft. to 2.5 -ft. in diameter and to replace certain antennas as shown on plans submitted with the application. The installation of the antennas is part of the applicants Worldwide Interoperability for Microwave Access (WiMAXX) upgrade to its network. The proposed antennas would be located at 135 and 150 ft. above grade level. Cabling for the project would be located within the monopole. The application has been reviewed by the Communications Advisory Committee, which has no significant issues with the project as proposed. The Board asked the applicant when did they expect to be on line. They are in the final stages and will begin advertising soon. It was also asked if any of this equipment become obsolete and is taken down. As antennas become decommissioned they will come down. The applicant explained to the Board that the 5 dishes are set in various directions and are designed to be paired with dishes in other locations. December 11, 2008 ZBA Minutes 14 There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:40 pm. On a motion by Arthur C, Smith and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the special permit, authorized under § 135- 88C(2)(b) in accordance with § 135 -11B, § 135 - 88A(1)(d) and § 135 -91G to allow a new wireless telecommunications facility at 40 Hartwell Avenue for a term of 15 years. This special permit will expire on December 31, 2023. Submitted by: Dianne Cornaro, Administrative Clerk OTHER BUSINESS: 1. On a motion duly made and seconded, it was voted 5 -0 to approve the October 23, 2008 and the November 13, 2009 meeting minutes. December 11, 2008 ZBA Minutes 15