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HomeMy WebLinkAbout2017-01-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 26, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford, and Associate Member Nyles N. Barnert Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 98 East Street The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, and Floor Plans. 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 Building Commissioner, Conservation Administrator, Engineering Department, Health Director, and Zoning Administrator. The petitioner is requesting THREE (3) VARIANCES AND TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, 135-6.1.1, 135-9.4 and 135-8.4.2 to allow a shed to have a side yard setback of 8 ft instead of the required 15 ft; for a sports court to have a side yard setback of 5 ft instead of the required 15 ft and a rear yard setback of 5 ft instead of the required 15 ft; the construction of a sports court; and to allow modification to a non-conforming structure. Request for Postponement Applicant submitted a to the February 9, 2017 Meeting, dated January 17, 2017. On a motion by Ralph D. Clifford and seconded by Nyles N. Barnert, the Board voted 5-0 to grant the Request for Postponement to the February 9, 2017 meeting. Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 26, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford, and Associate Member Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 45-55 and 65 Hayden Avenue This is a continuation from the January 12, 2017 meeting. The petitioner submitted the following additional information with the application: Letter from Douglas Hartnett of Highpoint Engineering, dated January 24, 2017, with attachments. Additional comments were received from: the Conservation Administrator The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-7.3.5(8) and 135-9.4.2 for a Modification of Special Permit with Site Plan Review granted June 3, 2010. Ed Grant, Mike Dominoco, King Street Properties; Rob Averal, King Street Properties and Peter Tamm, Co-Counsel, Doug Hartnett of High Point Engineering. Mr. Grant presented the petition. The petition is to increase parking spaces and increase stormwater management. They will also provide an update on the pending Conservation Commission hearing and proposed conditions. Mr. Mike Dominico of King Street Properties stated that they submitted responses to the questions asked from the different departments. Mr. Doug Hartnett with High Point Engineering stated he did the site walk with the Zoning Board. He has received comments from the Conservation Administrator regarding the Commission’s request for a parking garage. At this time it’s not feasible financially. They are proposing a reduction of tree impact and mitigation of the area north of the driveway near Hayden Woods because of sediment. They will improve the edge with a combination of vegetative filter strips and plantings. In regards to Stream Channel A and B, they reviewed them with their wetlands consultant and they can do additional planting that will provide sheltering over wintering areas and cooling of the water in stream channels. In regards to Town Engineer’s comments, they will set up a meeting with the Town Engineer and Conservation Administrator. They also received a letter from the Cambridge Water Department regarding concerns about expansion on the property going into the Cambridge reservoir. They will substitute the hard surface paving with pervious paving.The substitution will allow a reduction in porous paving. In regards to snow removal, there are many areas where snow was pushed back to roadway. They will be doing a comprehensive maintenance plan and BOA Meeting January 26, 2017 plowing will not be allowed to go further than the road to minimize sediment loading into wetland areas. The supplemental planting and vegetative filter strips will also improve the situation. A Board Member, Ms. Martha C. Wood, asked the applicant about what they will be doing regarding the knoll and trees on the property (the plan is to maintain the trees that are within the 100ft buffer zone. The plantings removed due to roadwork will be put back into other areas closer to the resource area). Ms. Wood expressed concern about losing the large trees (Mr. Dominico explained that the original proposed plan initially showed more parking spaces and more trees to be removed. They have since revised the plan to reduce the impact. They will be planting additional native species along the stream and are trying to mitigate it with the other improvements. A Board Member, Mr. Nyles N. Barnert, stated he is concerned about the resulting traffic due to the increase in parking spaces. The traffic management plan provided by the applicant shows they met the requirements from 2009 but it was based on data received 3 years ago. Going forward, there should be a cap on the number of parking spaces and it should be added as a condition. A Board Member, Mr. David G. Williams, asked the applicant if there is a provision to allow the general public to park near the trail head (yes, the trail head is still on the site. In 2009, there were 4 spaces specified for that. The signage for the parking spaces are in front of the spaces themselves but there is not signage directing visitors to go back there. The spaces are restricted to certain hours and to be used only for visitors accessing the trail head). Mr. Williams expressed concern with the amount of trees being removed to put in parking spaces. Mr. Williams asked how the stream is currently maintained in the area (the landscape architect will be adding in planting to keep the same look that is currently there). The Chairwoman, Ms. Jeanne K. Krieger, expressed concern about the number of trees that will be coming down. Mr. Dominico asked if it would be helpful to supplement the existing landscape plan to plant additional trees along the area of parking. Mr. Hartnett stated that when they walked the site, they indicated they can plant larger trees along the area. Mr. Williams stated it would take a significant amount of time to replace the large oak trees there. Mr. Williams asked if the chiller can be moved to a different location if it breaks (it serves the entire building and they wouldn’t be able to move to a new location). Mr. Williams asked if there is anything they can do to reduce the reduction of the knoll (they are saving 25-30% of it within the buffer area). Mr. Barnert asked if the plan is to build out everything before they promote to prospective tenants (Yes). Ms. Krieger stated that the Board can’t force them to go back to Town Meeting and have them put cap on the number of parking spaces but they could add a condition to the decision. 3 BOA Meeting January 26, 2017 Mr. Barnert stated that if there was a cap, they would have to come back to the Board and justify the need for more parking. Mr. Tamm stated that the zoning establishes a minimum but not a maximum. Imposing a cap may be inconsistent with the zoning through the PSDUP. In reference to the Board’s concern about the traffic, the traffic consultant has done an analysis and the conclusion was that even with additional traffic, the network can accommodate it. Under the TDM accommodations, owner is responsible to make sure the TDM program works. There aren’t many other areas to add parking. King Street is interesting in evaluating future building on that site and his concern is that a cap on parking would be arbitrarily imposed. They want to minimize the impervious impact on the site but in any future development, they would seriously consider structure parking. Mr. Barnert stated that a cap isn’t binding if they go to Town Meeting. His concern would be if they decided to put in additional parking in the front of the building. Ms. Krieger stated they would have to come back to the Board to do that. The Board discussed adding a condition about the applicants returning to Town Meeting if they ever need to add more parking spaces. Mr. Tamm stated that re- development should be encouraged. The Zoning Administrator, Mr. David George, stated that the Board is looking at the current plans before them and in evaluating the proposal, it would be an appropriate finding to add to the decision that the Board feels that this is a maximum to add. Ms. Krieger stated another condition would be to have a condition to add a landscape management plan and to complete the Memorandum of Understanding (MOU). The Board also spoke about adding a finding of fact to maximize parking for this development and abide by the restrictions of the Conservation Commission. Mr. Grant stated that they will be able to accommodate the Conservation Commission. st The matter is continued with the Commission until February 21. Mr. Williams asked why the Memorandum of Understanding MOU is taking so long to complete (King Street Properties had offered to make a parking mitigation payment consistent with last payment. The Town Manager’s office has prepared a draft MOU). Mr. George stated they had a meeting with the Board of Selectmen and staff and talked about the draft MOU. The time it’s taken is due to scheduling conflicts. The applicants haven’t seen the draft MOU yet. Mr. George asked the Board is they could elaborate on the definition of plantings. Ms. Wood stated they want something to screen but have enough caliber to provide shade. Ms. Krieger stated the condition could say to plant deciduous trees but the Board can’t establish a caliber. 4 BOA Meeting January 26, 2017 There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:15 pm. On a motion by Martha C. Wood and seconded by Nyles N. Barnert, the Board voted 5-0 to grant aSPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-7.3.5(8) and 135-9.4.2 for a Modification of Special Permit with Site Plan Review granted June 3, 2010 with the following conditions: 1. Prior to the commencement of construction of the improvements, the Proponent shall negotiate and enter into a binding Memorandum of Understanding (“MOU”) with the Town of Lexington. The Proponent shall notify the Town of Lexington Board of Appeals in writing prior to the commencement of construction of the improvements; 2. Provide a landscape plan that adds deciduous trees to the buffer between the driveway and parking lot. 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 12, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford, and Associate Member Nyles N. Barnert Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 5-0 to approve the minutes of January 12, 2017. On a motion made and seconded the meeting was adjourned.