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HomeMy WebLinkAbout2006-05-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals May 25, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, Maura L. Sheehan, Arthur C. Smith and Associate Carolyn C. Wilson Petition Address: 354 Waltham Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow side set back of 8.5 feet rather than the required 15- feet. The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer, Planning Board and Selectmen's Office. There was a comment from Conservation that they appear to be 100 -feet away from wetlands. Sally Hutson, owner of the property presented the petition. They are seeking to put a mudroom on over the existing porch footprint. The Board had questions regarding where they were looking to extend the mudroom. There was confusion on the plot plan because they had used a plot plan with a previous proposed addition outlined. The set back information had been mistakenly advertised and written on the abutter cards as 12.5 instead of the requested 8.5. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Due to the error in the advertising it was determined that the abutters needed to be notified with the correct set back information requested. Abutter cards would be re -sent to all abutters and the hearing would be continued until June 8, 2006 at 7:45 pm. On a motion by Nyles Barnert and seconded by Carolyn Wilson the board voted 5 -0 to CONTINUE the hearing until June 8, 2006 at 7:45 PM. May 25, 2006 Minutes 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals May 25, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, Maura L. Sheehan, Arthur C. Smith and Associate Carolyn C. Wilson Petition Address: 321 Marrett Road The relief sought is for a Special Permit to allow to continue to operate Seattle's Best Coffee, a take out food service, serving coffee, snacks, pastries and non - alcoholic beverages. The Chairman opened the hearing at 8:02 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer, Planning Board and Selectmen's Office. A comment was received from Steve Frederickson, the Building Commissioner, regarding parking issues. Serge Wendilian, owner of the business, presented the petition. He showed the parking plan for the business as requested by the Building Commissioner. Don Manganello, owner of Marrett Square, said he met with the Massachusetts State Highway and their consultant and was told that only one parking space will be lost with the new highway development - taking place. The Board had questions on the parking issues. Letters of support were received from Abraham Shenker of 6 Stedman Road and Terrance Glasscock of 5 Lexington Avenue. Tim Schmidt of 6 Farmcrest Avenue spoke in favor of the petition. No one spoke in opposition. The hearing was closed at 8:12 PM. On a motion by Nyles Barnert and seconded by Arthur Smith, the Board voted 5 -0 to approve the special permit for Seattle's Best Coffee at 321 Marrett Road with the following conditions: May 25, 2006 Minutes 3 1. Permitted hours of operation are 6:00 AM to 10:00 PM, seven days a week. 2. No more than sixteen (16) seats shall be provided for customers. 3. A sign shall be on the front of the building to direct customers to the rear parking lot. 4. There will be no deliveries or trash pick -up before 7:00 AM. All deliveries will be to the rear of the store. 5. One handicap - accessible toilet will be provided for patrons. 6. The dumpster will be screened and emptied as needed to meet Board of Health standards. 7. The dumpster shall be kept locked before 7:00 AM. 8. Trash receptacles will be provided, and the parking lot will be kept free of litter from the Seattle's Best Coffee operation. 9. This special permit is renewed for 5 years and will expire on June 11, 2011 May 25, 2006 Minutes 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals May 25, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, Maura L. Sheehan, Arthur C. Smith and Associate Carolyn C. Wilson Petition Address: 58 Reed Street The relief sought is for a Variance in accordance with 135 -35, Table 2, Dimensional Control to allow side set back of 16.7 -feet instead of the required 20 -feet minimum setback requirement to construct an addition. The Chairman opened the hearing at 8:15 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer, Planning Board and the Development Review Team. No comments were received. Peter Scopa, owner of the property, presented the petition giving the background of the home and the plan for the proposed addition. The Board had questioned: • What will happen to current garage; Mr. Scopa explained that it was never used as a garage and will continue to be used for storage only. • Had he considered going to the rear. They hadn't considered it because of the extensive patio work that had been done and the small size of the backyard. • He is planning no garage to park cars in. He would like to make the driveway wide enough for 2 cars. • Would he consider shrinking the addition by 3 feet as to not need a variance. Feels as though it would look awkward. There were no questions from the audience. No one spoke in favor or in opposition. The hearing was closed at 8:26 pm. May 25, 2006 Minutes 5 Discussion: The Board agreed that the proposed addition would fit well in size within the neighborhood and that the lot is well maintained. Since the house was built before zoning regulations, the placement of the house is a hardship. Decision: On a motion by Arthur Smith and seconded by Carolyn Wilson, the Board voted 5 to 0 to approve the Variance to allow a side setback of 16.17 feet instead of the required 20 -feet requirement to construct an addition with the condition that no driveway be put in on Augustus Road. May 25, 2006 Minutes 6 DRAFT MINUTES of the Lexington Zoning Board of Appeals May 25, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, Maura L. Sheehan, Arthur C. Smith and Associate Carolyn C. Wilson Petition Address: 12 Essex Street The Chairman re- opened the hearing at 8:26 PM by reading a letter received on May 11, 2006 from Michael Tabacynski requesting the appeal application for the construction of a retaining wall at 12 Essex Street be withdrawn. The hearing was closed at 8:27 pm. Decision: On a motion by Nyles Barnert and seconded Arthur Smith, the Board voted 5 to 0 to allow the withdrawal without prejudice for a retaining wall at 12 Essex Street.