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HomeMy WebLinkAbout2005-06-23-ZBA-min Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha C. ood sitting for Arthur C. Smith. Petition Address: 1728 Massachusetts Avenue The relief sought is to overturn an allowable use decision made by the Zoning Enforcement Officer. 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 and a letter from the Zoning Enforcement Officer explaining his decision. There were no comments from any Board or Commission other than the Zoning Enforcement Officer. Stephen Honton presented the petition and a brochure explaining his business. Questions /Comments from the Board: Judy Uhrig: How long are your clients there? Answer: 70- minute sessions. How many parking spaces: None Nyles Barnert: Do you have a curriculum? Answer: There are both classes and a school of education. Do they sign up for a period of time? Answer: Yes Martha Wood: In your brochure it states the National Program is headquartered in Arizona. Answer: Yes, that is right. Judy Uhrig: What is the total population of clients? Answer: In any day there will be a mix of about 40 people. Martha Wood: How many days per week are you looking at? Answer: Monday thru Friday and sometimes on Saturday and Sunday. Martha Wood: Hours of operation: Answer: 10 am - 9 pm. Maura Sheehan: There has been a problem with this property in the past where it is not compliant to the Disabilities Act and it must be renovated to come under the act. Has anyone talked with you about this? Answer: No, it was not in the negotiations. Deitra Nieuman, Broker, answered that the space is less than 25% of the building and she thinks that comes below the requirement for the Disabilities Act. Martha Wood: Do your clients receive a certificate at graduation? Answer: No John McWeeney: Would you have a problem if we put a limit on how many people at the facility at once? Answer: If that is what the Board wants. John McWeeney: There is no machinery? Answer: No machinery. John McWeeney: Do you describe yourself as a consulting service: Answer: That's stretching it a little. At the beginning there is a one -hour consult and then again for 1 —hour every 2- weeks. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 7:58 pm. Discussion: John McWeeney: Willing to go along with it as consulting; when by -laws were written there was no business such as this. Maura: Could be considered educational Decision on variance: On a motion by Nyles Barnert and seconded by John McWeeney the board voted 5 -0 to overturn the Zoning Enforcement Officers decision and to allow the use of the building for a holistic healing center with the following conditions: 1. Hours of Operation will be from 10:00 am until 9:00 pm, seven days a week. 2. Renewal will be in one year and will expire on June 30, 2006. Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha Wood sitting for Arthur C. Smith. Petition Address: 47 Tarbell Avenue The Chairman opened the hearing at 7:59 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. No comments were received from any Board or Committee. Joseph Su, owner of the property, presented the application for a variance from Section 135 -35, Table 2 Dimensional Controls of the Town of Lexington by -laws along with an updated plot plan. The relief sought is to allow a variance from front and back setback requirements. Questions from the Board: Nyles Barnert: Are you looking for this variance because of the location of the house? Answer: Yes Maura Sheehan: Have you talked with your neighbors about this? Answer: Yes, there are a couple here tonight. John McWeeney: Have you looked into going up rather than out the side? Answer: Yes, we wanted a bigger kitchen and going up wouldn't help that. John: If you omitted the garage couldn't you stay within the variance needed? Answer: Garage only takes up 300 -feet; we wanted to garage to store snow blower, lawn mower. Everything is now being stored in our cellar and it's hard to get out. John McWeeney: The issue is justifying for a variance. A hardship must be proven and needing a garage is not a hardship. Judy Uhrig: We don't have a really good basis for giving a variance. We are trying to be creative to help you out. Nyles Barnert: You have a good shaped and size lot. We have no reason to give you a variance. Answer by Mrs. Su: Cost of putting on a second level is also an issue. Judy Uhrig: If we turn you down you cannot come back with an application for 2- years. You can ask to be withdrawn without prejudice. Petitioner requested to have his application withdrawn without prejudice. On a motion by Nyles Barnert and seconded by John McWeeney the Board voted 5 -0 to accept the applicant's request for withdrawal without prejudice. Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha Wood sitting for Arthur C. Smith. Petition Address: 41 Ledgelawn Avenue 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. There was a comment from the Conservation Commission that applicant had received conservation approval and project was subject to order of conditions. No further comments from any other Board or Commission. William Perry of Andover Renovations, representing the owners of the property, presented the petition. The relief sought is to allow a variance from side set back requirements as defined in Section 135 -35, Table 2, Dimensional Controls. Questions from the Board: Maura Sheehan: Are you on septic? Answer: No, town sewer. Because of new River Acts they have to have their own leaching bed. Maura Sheehan: Is there a pool on the property? Answer: There was one at one time. It has been covered over. John McWeeney: Curious about all of the gravel around the house. Answer: Pathways to flowerbeds. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 8:21 pm. Decision on variance: On a motion by Martha Wood and seconded by Nyles Barnert the board voted 5 -0 to grant the variance for side set back requirements as stated on revised plans dated April 25, 2005. Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha Wood sitting for Arthur C. Smith. Petition Address: 6 Moon Hill Road The Chairman opened the hearing at 8:22 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. There was a comment from the Conservation Commission that applicant had received conservation approval and project was subject to order of conditions and a comment from the Health Department saying septic abandonment registration is required through the Health Department. No further comments from any other Board or Commission. Architect Nick Winton, representing the owners of the property, presented the petition. The relief sought is to allow a variance from front set back requirements as defined in Section 135 -35, Table 2, Dimensional Controls from 30 -feet to 19 -feet. Questions from the Board: Maura Sheehan: Will there be any trees removed? Answer: Yes, there is a triple tree in the front that is going to be removed. They had checked with a horticulturist about moving the tree and found out the tree is diseased and would probably be lost before long anyway. No questions from the audience. No one spoke in favor of the project. No one spoke in opposition. Hearing was closed at 8:34 PM. On a motion by John McWeeney and seconded by Martha Wood the board voted 5 -0 approve the front variance from 30 -feet to 19 -feet. Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha Wood sitting for Arthur C. Smith. Petition Address: 41 Waltham Street The Chairman opened the hearing at 8:34 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. Additional information received by the applicant were a letter regarding parking from Peter Cameron of the Nelson Companies, a letter from Gail Wagnor, Transportation Coordinator from the Town of Lexington regarding parking; schematic plans and information on employee numbers. Jordan Tobins and Brendan Higgins, owners of the business, presented the petition. The relief sought is for a special permit to operate an open kitchen concept Neapolitan style pizzeria. The rear entrance would be used for take out service. 40% of business is take out. Questions from the Board: John McWeeney: Where do the stairs go to in the back? Answer: There is a bead business downstairs. John McWeeney: Only 1 Bathroom? Answer: Code is for 30 or under seats you only need 1. Nyles Barnert: How will you make employees park at the Meriam Street lot? Answer: We will enforce it ourselves. Nyles Barnert: What are you doing about aromas? Answer: We will be putting in the same type of venting on the roof (hidden from the street) that the Chinese restaurant has next door. Judy Uhrig: Have you done any market research? Yes, we have had dinner in the area a lot and what we have to offer is not your typical Italian restaurant. We have thin gourmet pizza, cal zones and salad. We will also have a beer and wine license. Martha Wood: What happens when someone comes in and orders just beer or wine. Answer: They must order food also. Maura Sheehan asked for detailed parking info. Judy Uhrig: Who is responsible for the planters out front? Answer: We will take responsibility, it reflects on us what our place looks like. Nyles Barnert: Will you have a dumpster? Answer: No, we have a contract to pick up garbage everyday. We will be using plastic tote bins. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 8:56 pm. Decision on variance: On a motion by John McWeeney and seconded by Nyles Barnert the board voted 5 -0 to grant the special permit with the following conditions: • Hours of operation will be 11:00 AM until 11:00 PM, 7 days a week • Exterior of building, bench area and planter will be kept clean and well maintained. • Employees will park at the Church of our Redeemer parking lot as per town agreement. • Odors are to be vented thru roof ventilator. • Trash will be removed each day and contained within building. • Permit will be for 1 year and will expire on July 31, 2006. • Applicant will be responsible for renewing special permit 8 weeks before expiration date. Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Associate Commissioners Martha Woods sitting for Arthur Smith and Carolyn Wilson sitting for Maura L. Sheehan Petition Address: 177 Bedford Street The Chairman opened the hearing at 8:56 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. Letters were received from the Design Advisory Committee and the Communication Advisory Committee. No comments from any other Board or Committee. Information received by the applicant: Zoning Analysis Supporting Statement, Engineer Report, Affidavit of Radio Frequency Expert, MPE Power Density Calculations, Antenna Specifications, MDPH Memorandum, Vicinity TOPO Map, Service Coverage Maps, List of Existing Omnipoint facilities in Lexington and contiguous Municipalities, Affidavit Regarding Equipment Noise Levels, Affidavit regarding FAA Lighting/Marking, NEPA Compliance Documentation, FCC License, Evidence of Legal Interest in Subject Property, Evidence of Non - Interest from Town of Lexington, Site Plans, Structural Affidavit, Photograph Simulations, Proposed Faux Flag Pole Specification Sheet and SHPO Submittal package in lieu of NEPA Report not fully completed. The relief sought is for a special permit to install and operate a wireless communication facility. Adam Braillard, Attorney for Omnipoint, presented the petition. Addressed the concerns of the DAC. Specifications for tower: 3 carriers, 100 feet tall, base 42" diameter and top 25" diameter. Discussed the possibility of 12' x 18' flag hung on the tower to make it look like a flagpole. Questions from the Board: Nyles Barnert: What was the diameter of the Balloon used for the testing: Answer: 3 '/z feet wide. Judy Uhrig: The Church of our Redeemer is only a' /z mile from this site, why do you need towers so close together? Answer: The tower at the Church of Our Redeemer just doesn't fill the gap of need. There is some overlapping and T- Mobile has some aggressive building plans. John McWeeney: Is there information available to say what companies are on the towers? Answer: FCC registered towers are listed but no who is on them. John McWeeney: Do you advertise with other company's to see who else would be interested in going on towers. Answer: This is where T- mobile needs coverage and that is all we consider. Martha Wood: What color will the pole be? Answer: White Nyles Barnert: Would like them to produce a bond to take the tower down should it be vacated. Judy Uhrig: Where exactly is it going? As you stand at the last parking space it is a 30 x 30 space about 50 feet out in front of the rusted fence. Carolyn Wilson: When you say the noise would be no more than a refrigerator, is that for all together or for each one. Answer: That would be for each one. To hear it at the closest structure to tower you'd really have to listen for it. Martha Wood: If something would go down and need maintenance what type of vehicle would be responding? Answer: Typically a Ford Explorer. Questions from the audience: Maura Sheehan, 21 Larchmont Lane: Does it require any maintenance? Once construction is complete the average routine maintenance is twice a month. What happens in a case of an emergency that something goes down? Answer: They have maintenance available any time of day. Mike Schroeder, 2 Welch Road: What will be the peak electric power when done? Answer: Runs 220- 240. I don't have the peak in front of me. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 9:45 pm. On a motion by Carolyn Wood and seconded by Nyles Barnert the board voted 5 -0 to approve the special permit with the following conditions: 1. White mono pole in location as shown on plans submitted, 100 feet high with no flag. 2. There will be a 6 -foot stockade fence around the facility. 3. There will be a removable bond taken out to cover the cost to take down pole when it becomes obsolete or vacated. Submitted by Dianne Cornaro, Clerk