2008-07-24-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 24, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson, and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 301 Massachusetts Avenue, Map and Lot: 13 -368 The relief sought is for a renewal of a special permit in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section Table 1, Line 11.11 to continue to operate an automobile rental service for an additional 3 years in a CRS District. The Chairman opened the hearing at 7:33 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 Agent, Board of Selectmen, Zoning Administrator, and the Planning Board. Comments were received from the Zoning Administrator. Darrin Trebbett, Area Manager for Enterprise Rent A Car, presented the petition. Also present at the hearing was Jack Maloney, representing the owner of the property, Arlex Oil and Mr. Gary Larson the Landscaping architect. The petitioner seeks to renew a previously granted special permit to operate a rental car service at the site. The special permit was approved with conditions. Under the Zoning By -law, Line 11. 11, motor vehicle sales or rental is allowed in the district by special permit. The original special permit was issued in 1996 subject to conditions and granted certain modifications of the parking, landscape, and transition screening requirements. The 1996 special permit was renewed in 1997 and then in 2005. The 2005 renewal was retroactive and should have been renewed in 2002. The petitioner indicated, at that time, that failure to renew was an oversight. The Chairman of the Board asked the petitioner to address issues brought forward by David George, the Zoning Administrator who had conducted a site visit to the site on July 21, 2008. From that site visit, it was determined that the landscaping is not in substantial compliance with the original special permit. Also, the lot is not in compliance with the maximum parking of 13 spaces. At the time of the site visit, two Arlex Company trucks were either fully or partially blocking the two marked tandem spaces on the side of the building (Mass Ave. side). Mr. Trebbett was unaware of the original landscaping plan and had talked with Mr. Eagle of Arlex Oil who is responsible for the landscaping of the building. They said if the Board feels they need to do more then they will comply with the Boards request. Mr. Maloney, of Arlex Oil, told the board they had planted many trees and bushes over the years that have not survived. Due to the mature nature of bushes that are there it is not feasible to have as many bushes planted as was on the original landscaping plan.