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HomeMy WebLinkAbout2011-09-08-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 8, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Zoning Administrator, David George Petition Address: 301 Massachusetts Avenue, Map 13, Lot 368 Petitioner submitted the following with the application for hearing: nature and justification of request; site plan; planting plan; photographs; letters from Ed Grant dated July 21, 2011 and August 4, 2011; Letter to Enterprise from Zoning Administrator dated July 12, 2011, letter of Complain from Brian Susnick dated June 12, 2011; letter of complaint from Cynthia Johnston dated September 1, 2011 and a copy of the decision for the last renewal dated July 24, 2008. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearing by reading the legal notices and described information received from the petitioner relative to two petitions received from the applicant for 301 Massachusetts Avenue. In an application postponed from July 28, 2011 the applicant is requesting to renew a special permit previously renewed on July 24, 2008 to allow vehicle rental. The applicant filed a second application to request a modification of the same special permit renewed on July 24, 2008. Attorney Edmund Grant presented the petition for the owner of the business, Enterprise Rent A Car Company of Boston, LLC. Also present at the hearing was David Eagle and Jack Maloney on behalf of the property owners and Fred Resnick, Regional Vice President of Enterprise Rent a Car. Attorney Grant presented the history of the property and modifications they would like to make. He spoke of a meeting with the Zoning Administrator concerning the modifications to conditions from the original special permits: Condition # 2 (landscaping); #3 (tandem parking area); #4 (parking of rental vehicles on Fottler and Massachusetts Avenue); #5 (Advertising); #6 (car washing) and #7 (lighting). Fred Resnick gave a summary of the operations and policies to the Board and spoke of the issues of parking vehicles and moving cars off site during overnight hours. The Chairman asked the petitioner where the employees park. They have 3 employees; the Manager uses a rental car; another employee parks his vehicle on the side of the building and the third employee works part time and uses a bike to and from work. BOA Meeting September 8, 2011 2 A Board Member asked to have the excise tax payment clarified. They rotate their fleet twice year, when that is done they register the cars in the town they are stored in. Another Board member asked if there was a policy in place for when cars are dropped off when the business is closed and asked about the vans parked in the lot across the street from Enterprise. Kevin Campbell spoke on behalf of Macie Delong of 292 Massachusetts Avenue in favor of the petition telling the Board that Enterprise has been a good neighbor and have been excellent about addressing any concerns they have had. Brian Susnock of 12 Brandon Street spoke in opposition of the petition. He has concerns with the danger of the cars by the bike path and the number of cars they park on the streets. The Zoning Administrator, David George, clarified that in his letter to the applicant and in the complaint letter he received there was no mention about landscaping concerns. Attorney Grant addressed the concerns of the abutter and Fred Resnick, Regional Vice President of Enterprise Rent a Car spoke of their efforts to be good neighbors. The Chairman closed both hearings. The Board discussed with the Zoning Administrator the procedure to be followed for the two petitions before the Board. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0, to modify the special permit to include the changes in conditions numbered 2, 3, 4, 5, 6 and 7 as shown on the conditions on the renewal motion. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a RENEWAL of the previously granted SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-11C in accordance with § 135-11 and § 135- 16A, Table 1: Schedule of Permitted Uses and Development Standards, to allow motor vehicle rental subject to the conditions as follows: 1.Permitted hours of operation are as follows: Monday through Friday - 8:00 AM to 6:00 PM, Saturday - 9:00 am to 12:00 noon and closed on Sunday. 2.The lot shall be landscaped in accordance with the landscape plan titled, Planting Plan Enterprise Rent-A-Car, dated 8/14/08 by Warner Larson Landscape Architects. 3.Not more than 13 vehicles shall be parked on site with all parked vehicles parked in the tandem area on site. 4.There shall be no rental or employee vehicles, associated with the business, parked on Massachusetts or Fottler Avenues. BOA Meeting September 8, 2011 3 5.There shall be no advertising on the rental vehicles other than an identification plate, except for a maximum of two cargo rental vans that shall be permitted to contain Enterprise Rent-A-Car advertising information on the van panels. 6.All cleaning and washing of vehicles will be inside the building. 7.All lighting will be screened from the view of abutting residential properties. There will be no exterior lighting on the building after operating hours except for low-level security lights. 8.Signage will conform to the zoning bylaw. 9.Snow will be removed promptly and not allowed to pile up on the property so that it obstructs sight-line visibility. This special permit shall expire October 31, 2012, unless renewed Application for renewal should be made 8 weeks before special permit expires. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting September 8, 2011 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 8, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Zoning Administrator, David George Petition Address: 1 Utica Street, Map 47, Lot 75 Petitioner submitted the following with the application for hearing: nature and justification of request; mortgage plan; elevations and building plans. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Ashok Narayanian, owner of the property, presented the petition by explaining the car accident that destroyed his front porch. The applicant is requesting a special permit from section 135-32 to allow reconstruction after destruction of a non conforming structure. The applicant is also requesting a waiver to the plot plan requirement. The Board had no questions for the applicant. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to grant a waiver for the required certified plan. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to grant a special permit from section 135-32 to allow reconstruction after destruction of a non conforming structure at 1 Utica. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting September 8, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 8, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Zoning Administrator, David George Petition Address: 15 Farmcrest Avenue, Map 32, Lot 107B Petitioner submitted the following with the application for hearing: nature and justification of request, topographic plan, plot plan, building plans, photographs and 3 letters of support. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. The owner of the property, Lixin Zhanh, presented the petition with his contractor for the project, Robert Bowman. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35A to allow a front yard setback of 20.5 ft instead of the required 30 ft front yard setback to construct an 8.0 ft by 27 ft. 3-season porch and a 5 ft by 3 ft platform with steps at the front of the property. The Chairman questioned the applicant about a shed in the rear yard. Robert Bowman, the applicant’s contractor spoke on behalf of the applicant to clarify that the shed was there since the applicant bought the property 8 years ago. There were no questions from the audience. No one spoke in favor or in opposition to this petition. The Chairman closed the hearing. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to grant a variance in accordance with the Zoning By-Law section 135-35A to allow a front yard setback of 20.5 ft instead of the required 30 ft front yard setback to construct an 8.0 ft by 27 ft. 3-seasoned porch and platform with steps as shown on the plans submitted with the application. BOA Meeting September 8, 2011 6 Dianne Cornaro, Administrative Clerk Submitted by: Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 8, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Zoning Administrator, David George Other Business: There was no other business. Dianne Cornaro, Administrative Clerk Submitted by: