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HomeMy WebLinkAbout2006-11-09-ZBA-min Approved Minutes Lexington Zoning Board of Appeals November 9, 2006 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Judith J. Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 868 -870 Massachusetts Avenue The relief sought is for a Variance from Section 135 -35, Table 2 Dimensional Controls to allow a side setback of 12.5 feet instead of the required 20 -feet to build an addition. 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 Administrator, Planning Board and Development Review Team. Scott Herlihy, owner of the property, presented the petition. Some of the board questioned the hardship and the majority felt the shape of the lot was the hardship. By granting this variance the Board would be making the building more conforming. There were no questions from the audience. No one spoke in favor or opposition of the petition. The hearing was closed at 7:53 PM. Discussion: The Board justified the hardship as the shape of the lot. Decision: On a motion by John McWeeney and seconded by Nyles Barnert the board voted 5 -0 to grant the Variance to allow a side setback of 12.5 -feet instead of the required 20 -feet to build an addition at 868 -870 Massachusetts Avenue. November 9, 2006 Minutes 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals November 9, 2006 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Judith J. Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 43 Wachusett Drive The Chairman opened the hearing at 7:53 PM by reading the legal notice and described information received from the petitioner relative to the petition. The relief sought is for a Variance in accordance with Section 135 -35, Table 2 Dimensional Controls of the Lexington By -Laws to allow a front setback of 19 -feet instead of the required 30- feet and a Special Permit to construct a dormer over a non - conforming structure. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and Development Review Team. Brad Libby, owner of the property and Gerry Frank, the Architect for the project, presented the petition. At the hearing they presented letters of support from Craig and Lillian Olmsted of 6 Fair Oaks Drive and Donna Albers and Gary Henock of 45 Wachusett Drive. The Board questioned the petitioner as to what was the hardship for the Variance. Mr. Libby explained that the structure is already nonconforming and by asking for this Variance they are reducing the nonconformity. There were no questions from the audience. No one spoke in favor of the petition or in opposition of the petition. Hearing was closed at 8:02 pm. Discussion: The Board agreed that the addition would be less intrusive. November 9, 2006 Minutes 3 Decision: On a motion by Nyles Barnett and seconded by John McWeeney the board voted 5 -0 to grant a VARIANCE to allow a front setback of 19 -feet instead of the required 30 -feet. On a motion by Nyes Barnert and seconded by John McWeeney the board voted 5 -0 to grant a SPECIAL PERMIT to allow construction of a dormer over a nonconforming structure. November 9, 2006 Minutes 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals November 9, 2006 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Leo P. McSweeney sitting for Maura L. Sheehan who recused herself from this hearing. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 182 Bedford Street The Chairman opened the hearing at 8:03 PM by reading the legal notice and described information received from the petitioner relative to the petition. The relief sought is for a Special Permit in accordance with section 135 -28 of the Lexington By- Law to allow construction of a 10 -foot counter with 3 chairs on the premises Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and Development Review Team. Comments were received from the Selectmen's Office and the Zoning Administrator. Yves Charles, owner of LaRiviera, presented the petition. He added the counter and chairs to service customers who want to have their coffee and pastry there instead of in their car. The Board asked if his hours would be changing at all, which they are not. They also discussed the landscaping around the plaza and the need for the building to be updated. Mr. Charles does not own the building but has added flower boxes in front of his establishment to try to make it look better. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:15 PM. Discussion: One of the Board members had a concern that it could get crowded with people standing around the stools but didn't have a problem with granting the special permit. This approval would be through January 2007 when Mr. Charles needs comes back to renew his Special Permit for the establishment. At that time the counter and chairs can be incorporated into the new special permit. November 9, 2006 Minutes 5 Decision: On a motion by Nyles Barnert and seconded by Leo McSweeney the Board voted 5 -0 to approve the Special Permit to allow construction of a 10 -foot counter with three chairs on the premises until January 2007 which will then be addressed in the renewal of their special permit. November 9, 2006 Minutes 6 DRAFT MINUTES of the Lexington Zoning Board of Appeals November 9, 2006 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Judith J. Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1720 -1722 Massachusetts Avenue The Chairman opened the hearing at 8:16 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, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from Conservation, Planning, Engineering, Historic District Commission, Selectmen's Office and the Design Advisory Committee. A petition signed by 7 abutters concerning recommendations for traffic provision in the Center was received before the hearing. The relief sought is for a Special Permit With Site Plan Review in accordance to Sections 135 -42 (E) and 135 -12 of the Lexington Zoning By -Law to allow development of 30 residential condominiums along with retail /commercial use, which was approved at the Spring 2006 Lexington Town Meeting. John Farrington, Attorney for 1720 Massachusetts Avenue LLC, presented the petition. Also present were Eric and Tina Rhodine and Matt Capone of Line Company Architects, Arthur Klypfel of Oak Tree Development, Eric Shapiro of the 1920 Massachusetts Avenue LLC and Manager of the Battle Green and Tony Papantonis of Nauset Construction Corporation. The Board's review of this application is to determine that the DSPUP submitted here substantially conforms to the plans approved by Town meeting. Minor modifications are allowed. Attorney Farrington presented a list of minor modifications. Eric Rhodine explained the changes that have the most important visual impacts. All changes are minor in nature and have been reviewed by the Historic District Commission and the Design Advisory Committee. November 9, 2006 Minutes 7 Other requested modifications are: 1) The Applicant has committed to designate three of the residential condominium units as affordable housing units. The PSDUP specified the following units as the affordable housing units: Units 107; 208 and 210. The applicant request that the actual unit number and location of one or all of the designated affordable units be changed to "units so designated by the Applicant, of comparable value, but similar in location to the three original units designated in the PSDUP". This request will also have to be agreed to by the Board of Selectmen. 2) The applicant has agreed to pay $100,000.00 to the Lexington Center Improvement Trust upon the issuance of the building permit. The applicant requests that adding the language, "or at some other time mutually agreed to by the Applicant and the Board of Selectmen ". Applicant submits that the Lexington Center Improvement Trust may not even have been formed at the time of Applicant's request for a building permit and also, the Applicant would like to schedule this payment to better fit its construction loan disbursement schedule. This request also will have to be agreed by the Board of Selectmen. 3) A number of modifications to the proposed building, such as lighting, the entrance canopy, as well as the second story cornices in some sections of the building will protrude into public space. The cornice protrusions are essentially the same as the current Battle Green Inn building, were shown on the plans submitted to Town Meeting and are similar to protrusions from abutting, and other buildings in the downtown business district. Permission for this also needs to be given by the Board of Selectmen. Erick Rhodine gave a power point presentation of the plans for the project. Tony Papantonis of Nauset Construction Corporation told the Board the plans for the demolition of the Battle Green Inn and the construction plans including the traffic flow, parking for the contractors and the equipment for the project. The Board had questions and concerns on the apartment size changes, parking conditions and enforcement, HDC and DAC concerns, number of workers, reasons for canopy over sidewalk, trees along sidewalk, problem with power lines on Waltham Street, the Health Club in the facility, timetable, dust during demo and construction, evaluation of hazardous materials, and the driveway and garage entry way. November 9, 2006 Minutes 8 Questions from the Audience: • Jullian Bussgang of 2 Forest Street spoke with a concern for the traffic conditions in and around the site and wanted to make sure the Selectmen would have the right to upgrade any traffic conditions they saw fit. • Sheila Hoadley of 125 Waltham Street asked questions regarding the demolition. Sheila Hoadley of 125 Waltham Street spoke in favor of the petition. No one spoke in opposition. The hearing closed at 9:45 Discussion: The Board discussed what conditions should be set and the wording that should be used. Decision: On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to approve the Special Permit with Site Plan Review with the following conditions: 1) The Town will have full control of the street traffic through the Board of Selectmen. 2) The Developer will plant two street trees along Waltham Street as recommended in memorandum dated November 9, 2006 by the DAC. 3) Hours of operation for the contractors shall be Monday through Friday 7:00 am —4:30 pm, with no trucks idling before 7:00 AM and Saturday 8:00 am — 4:30 pm, with no trucks idling before 8:00 am. 4) There shall be no work done on Sundays and holidays. 5) The Petitioner shall provide an executed contract with a site for workers to park and be shuttled to site. Workers shall not use public street parking. 6) The affordable income units shall be of comparable value and be similar in location to the three original units designed in the PSDUP. Submitted by: Dianne Cornaro, Clerk