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HomeMy WebLinkAbout2007-04-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 21 Worthen Road The relief sought is for a VARIANCE in accordance with section 135 -64 of the Code of the Town of Lexington for 25 parking spaces AND A MODIFICATION OF SPECIAL PERMIT in accordance with section 135 -11 of the Code of the Town of Lexington to allow 100% use as medical offices. 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, Board of Selectmen, Zoning Administrator, Planning Board, the Historic District Commission, the Design Advisory Committee and the Development Review Team. Comments were received from the Zoning Administrator. Jennifer Mullon, representing 99 Waltham Street Trust, presented the petition explaining how happy they are with the property changes that were approved two years ago. They would like to expand their services by bringing in more medical offices. The Architect has calculated the number of parking spaces required for medical use as a maximum of 90. The applicant has obtained a signed parking agreement with Grace Chapel for 25 spaces for a five -year term with automatic renewals for successive five -year terms. This will allow 92 parking spaces taken together with the 67 parking spaces on the applicant's property. The Board questioned the parking arrangements for staff, how much of the current space is vacant and how many square feet are not being used for medical services. There were no questions from the audience. Bill Burke, 36 Adams Street spoke in favor of the petition. Speaking for Grace Chapel he said they were very happy to share the parking spots and feel they have a great relationship with the petitioner. No one spoke in opposition. April 12, 2007 Minutes 2 Hearing was closed at 7:55 pm. On a motion by Nyles Barnert and seconded by Judy Uhrig, the board voted 5 -0 to approve the VARIANCE in accordance with section 135 -64 of the Code of the Town of Lexington for 25 parking spaces AND A MODIFICATION OF SPECIAL PERMIT in accordance with section 135 -11 of the Code of the Town of Lexington to increase the use of the building from not more than 1/3 medical offices or outpatient clinic to 100% use as medical offices or outpatient clinic. Submitted by Dianne Cornaro, Administrative Clerk April 12, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 7 Oak Street The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2, Dimensional Controls to allow a side setback of 3.91 -feet instead of the required 10 -feet. The Chairman opened the hearing at 7:56 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, Engineering, Historic District Commission and the Zoning Administrator. Gerhard Pawelka, owner of the property presented the petition. He would like to replace an enclosed porch on the North elevation of the house, which was built with sub - standard construction practices by the previous owner. The erosion on the steeply sloped land has exposed the underlying foundation. He would like to extend the porch to where the slope is less steep. This would make the porch more nonconforming. (3.91 -foot setback rather than the required 10- feet.) He would also like to change the roofline. The Board asked if the porch could be built off the back of the house and about the hardship, which Mr. Pawelka felt the hardship was the topography of the land and the soil eroding around foundation makes the porch unsafe. The Board was concerned with the big drop off on the side of the house and was afraid more erosion would take place if the porch were rebuilt there. The Board asked if an Engineer had looked at it. There was a discussion concerning redoing the porch on the existing footprint, the plans showing a 4 -foot footing and that it would be 2- stories when finished. The hearing was closed at 8:10. April 12, 2007 Minutes 4 During deliberations a Board member questioned the hardship and 2 of the members had a problem with the petitioner enlarging the porch. On a motion by John McWeeney and seconded by Maura Sheehan, the Board voted 5 -0 to reopen the hearing for the purpose to give the petitioner a chance to withdraw this petition to rework the design. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 -0 to accept the withdrawal of this petition without prejudice. Submitted by Dianne Cornaro, clerk. April 12, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 927 -945 Waltham Street The relief sought is for a Renewal of Special Permit in accordance with section Table 1, Lines 3.13 & 3.14 of the Zoning Bylaw to allow to continue to operate a nursery and farm stand at 927- 945 Waltham Street The Chairman opened the hearing at 8:10 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 the Zoning Administrator. Nicholas Cannalonga, owner of the property and business, presented the petition. Also present with Mr. Cannalonga was his wife, Nancy and sons, Larry and Nick, Jr. The Wagon Wheel Farm Stand has been in this location since 1960 and his sons are representing the third generation. They take pride that they have never had a complaint from any of their neighbors. The Board asked about the renewal period of every two years. This is what is called for in the By -Laws. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:13 pm. On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to approve the Renewal of Special Permit in accordance with section Table 1, Lines 3.13 & 3.14 of the Zoning Bylaw to continue to operate a nursery and farm stand at 927 -945 Waltham Street with the following conditions: April 12, 2007 Minutes 6 1. Premises shall be operated during daylight hours only, or no later than 8:00 PM, whichever is later, during the growing season of April through October, and 6:00 PM the rest of the year, except during December when Christmas trees, wreaths, etc., are being sold, then 8:00 PM will be permitted. 2. The sign shall continue to be located as is at present. 3. Off - street parking shall be provided so that cars shall not be parked on Waltham Street. 4. Premises shall be kept in a neat and orderly condition at all times. 5. Any changes to structures or any new structures will require permits. 6. This special permit is granted for two years and will expire on April 30, 2009. Submitted by Dianne Cornaro, Clerk April 12, 2007 Minutes 7 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 75 Grassland Street The relief sought is for a SPECIAL PERMIT in accordance with section 135 -29 (A) of the Code of the Town of Lexington to construct a second floor addition over a nonconforming structure. The Chairman opened the hearing at 8:14 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 and the Zoning Administrator. Paul Ciccone, owner of the property, presented the petition. Mr. Ciccone explained the need to add a second floor over the existing nonconforming dwelling. The Board asked for a clarification of the building plans. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Hearing was closed at 8:16 pm. On a motion from John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to approve the special permit to allow construction of a second floor addition over a nonconforming structure. Submitted by Dianne Cornaro, Clerk. April 12, 2007 Minutes 8 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Town Council, Kevin Batt, also attended the hearing. Petition Address: 18 Rockville Avenue The relief sought is for an APPEAL OF A DECISION OF THE ZONING ADMINISTRATOR in accordance with section 135 -10 (A) of the Code of the Town of Lexington to appeal Zoning Administrator's February 21, 2007 determination relative to the buildability of the 18 Rockville Avenue lot. The Chairman opened the hearing at 8:17 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 the Zoning Administrator and the Planning Board. Petitioner Thomas Costello, representing Commonwealth Trust, presented the petition. Mr. Costello was seeking a determination whether the lot satisfies the requirements for a minimum of 125 feet frontage on a street. David George, the Zoning Administrator, had determined he could not make a determination whether a building permit may be issued until the Planning Department made a determination relative to whether the street he proposed to construct is in accordance with the approved plan and provides adequate access. Town Council, Kevin Batt, confirmed that the Planning Board has jurisdiction over planning roads and the Board of Appeals cannot approve frontage unless there was an approved Street. The Board referred the applicant back to the Planning Department since they felt this was not an issue they could decide until the street is approved by the Planning Department. Joseph McKinney of 12 Rockville Avenue stated this property was previously tied up in court regarding a previously lost boundary line. It was thrown out of court with the recent plan. April 12, 2007 Minutes 9 John Hybird of Davis Road said the street was previously denied because the grade was too steep and narrow to be accepted by the town. He also had a safety concern with a school at the end of the proposed street. Robert Bradley of 15 Rockwell Avenue stated was that this was not a thru street and relatively flat area at the top. Bill Murphy of 24 Swan Lane also had a concern with safety whether the road went through or not. He was opposed with it going totally through. The hearing was closed at 8:42 pm. During the discussion it was determined by the Board in order to make a determination of frontage the Board would need to request a plan of the road construction and the By -Law states the plan needs to be approved by the Planning Department. The Board agreed this was the wrong forum to hear this request at this time. On a motion by Nyles Narnert and seconded by Judy Uhrig the Board voted 5 -0 to uphold the decision of the Zoning Administrator. Submitted by Dianne Cornaro, Clerk. April 12, 2007 Minutes 10 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 41 Waltham Street The relief sought is for a renewal of a Special Permit in accordance with section 135 -11 of the Code of the Town of Lexington to continue to operate a restaurant with dine in, take out and delivery. The Chairman opened the hearing at 8:42 PM by reading the legal notice and described information received from the petitioner relative to the petition. A letter regarding the purchase of 5 parking spaces from the town was received from Gail Wagnor, Transportation Services Coordinator. 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 the Zoning Administrator. Brain Toner and Josh Huggard, representing Upper Crust, presented the petition. One of the Board members asked why they were late in renewing their special permit and assumes they will renew on time in the future. Josh apologized and said they would make sure it is done on time in the future. There were no questions from the audience. Mary Jo Bohart from the Lexington Chamber of Commerce spoke to the Board in support of the Upper Crust. No one spoke in opposition. The hearing was closed at 8:45 pm. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 -0 to approve the special permit to continue to operate a Neopolitan style pizzeria with take out service, at 41 Waltham Street. This special permit is granted with the following conditions attached: April 12, 2007 Minutes 11 • 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 3 years and will expire on April 30, 2010. • Applicant will be responsible for renewing special permit 8 weeks before expiration date. Submitted by Dianne Cornaro, Clerk. April 12, 2007 Minutes 12 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 411 Waltham Street The relief sought is for a special permit in accordance with Section 135 -16, Use Table 1, Part B 8:14 of the Code of the Town of Lexington to allow building use as a package store. The Chairman opened the hearing at 8:46 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 the Health Department and the Zoning Administrator. A letter of support was received from Mary Jo Bohart of the Lexington Chamber of Commerce. Attorney Edmund Grant, representing J8T Enterprises of Massachusetts, presented the petition by giving the history of the owner of the business and his plans for this establishment. They will be selling wine, light liquors and food. There will be no food preparation on the premises and the hours of operation will be Monday through Saturday 9 am until 9 pm and Sunday 12:00 pm until 8 pm. The Board questioned where the owner's other store was in Weston and what was planned to improve the looks of this building. They were also asked if any of the other stores in the complex were opened at night and asked how they will monitor the store for safety. There were no questions from the audience. Mary Jo Bohart of the Lexington Chamber of Commerce spoke in favor of the petition. Tanya Morrisette of 21 Valleyfield Street spoke in opposition. Her main concerns dealt with children's safety and additional car traffic in an already dangerous intersection. April 12, 2007 Minutes 13 May Vaughn of 35 Valleyfield Street also spoke in opposition. Chester Wang of 24 Valleyfield Street had a concern with the traffic as well as a concern about trash. Attorney Grant responded that the building is in a CRS zone and only in this area is a package store zoned. Unfortunately traffic is an issue everywhere and there is not much we can do about it. One of the Board members mentioned that she was unaware that there was parking in the rear of the building and suggested to the owner that he may want to erect a sign that will let people know about the parking in the rear. On a motion by Maura Sheehan and seconded by Nyles Barnert, the Board voted 5 to 0 to grant the special permit finding that the use is generally compatible with the zoning district in which it is located, will not adversely affect the neighborhood, and will supply adequate facilities for the operation of the use. The following conditions were imposed: 1. Hours shall be Monday through Saturday from 9:00 am until 9:00 pm and Sunday from 12:00 noon until 8:00 pm. 2. There shall be no food preparation done on the premises. 3. No deliveries before 7:00 am or after 8:00 pm. 4. Trash shall be kept in a locked dumpster. 5. Permit is for one year from the date of opening. The petitioner shall notify the Board of Appeals Clerk as to the date the business will be opened. 6. Applicant will be responsible for renewing special permit 8 weeks before the expiration date. Submitted by Dianne Cornaro, Clerk April 12, 2007 Minutes 14 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 10 Grant Place The relief sought is for a variance in accordance with section 135 -35 to allow a front setback of 27.9 -feet instead of the 30 -feet required and a side setback of 14.1 -feet instead of the 15 -feet required. The Chairman opened the hearing at 9:07 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, the Historic District Commission, the Design Advisory Committee and the Development Review Team. Comments were received from the Zoning Administrator. E -mails in support were received from Dilip and Estelle Mathur of 18 & 19 Grant Place and Sheila Watson of 12 Oakland Street. MaryAnn Boswell, owner of the property, presented the petition. Applicant is seeking to construct an addition and modify the current structure. The Board asked if she was aware of the new tree bylaw. She responded that there was a tree she was trying to preserve by not putting asphalt on the driveway. She will plan on speaking with the tree warden. There were no questions from the audience. No one spoke in opposition or in favor of the petition. The hearing closed at 9:12 pm. On a motion by Nyles Barnert and seconded by Judy Uhrig, the Board voted 5 -0 to approve a variance to allow a front setback of 27.9 -feet instead of the 30 -feet required and a side setback of 14.1 -feet instead of the 15 -feet required with the condition that the petitioner meets with the tree April 12, 2007 Minutes 15 warden to discuss tree replacement strategies if any trees presently sited on the lot are removed as part of construction permitted by relief granted through this decision. Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 95 Hayden Street The relief sought is for a SPECIAL PERMIT in accordance with section 135 -78(D) of the Code of the Town of Lexington to allow signage larger than allowed by right and a SPECIAL PERMIT in accordance to section 135 -75(A) for illumination of a sign. The Chairman opened the hearing at 9:13 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, the Historic District Commission and the Design Advisory Committee. Comments were received from The Design Advisory Committee and the Zoning Administrator. The petition was presented by Jim Courtney, the Project Coordinator for Vista Print. He explained the reason they felt they need a larger sign was because the building is so large and they need to have it illuminated because of people trying to find the facility during the evening hours The Board questioned if the light would be on a timer and how would it be lit. Patty Benson of 9 Woodcliffe Avenue asked to review the pictures of the sign. Mary Jo Bohart of the Lexington Chamber of Commerce spoke in support of the signage. No one spoke in opposition of the petition. The hearing closed at 9:20 pm. On a motion by Maura Sheehan and seconded by John McWeeney, the Board voted 5 -0 to approve the SPECIAL PERMIT to allow signage larger than allowed by right and a SPECIAL PERMIT for the illumination of the sign with the condition that the sign is turned off at 10:00 pm. April 12, 2007 Minutes 16 Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 43 Waltham Street The relief sought is for a SPECIAL PERMIT in accordance with section 135 -16, Part B, Use Table 9.11 of the Code of the Town of Lexington to allow building use as a restaurant and Section 135 -69 D (2) of the Code of the Town of Lexington to allow 4 off -site parking spaces. The Chairman opened the hearing at 9:20 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, the Historic District Commission, the Design Advisory Committee and the Development Review Team. Comments were received from the Health Department, Historic District Commission and the Zoning Administrator. A letter of support was received from Mary Jo Bohart of the Lexington Chamber of Commerce. Attorney Edmund Grant presented the petition for the owner of the restaurant. Also present at the hearing were Chau Ming Lee, President of Daikanyama Japanese Cuisine, and his wife, Eleanor Lee, of Weston, Sui Ming Chow, General Manager, and his wife, Judy Chow, of Lexington who also run the FuGaKyu Cafe restaurant in Sudbury and Arthur Choo, their Architect, of Boston. At the hearing Attorney Grant presented a petitions signed by 26 residents in support of this petition. This restaurant will focus on sushi and related Japanese cuisine with seating for 43 people, will have 7 employees and feature no take out. They are looking for conditions of operation similar to the Upper Crust Restaurant next door. They will be leasing 4 parking spaces from the Church of our Redeemer. The Board asked to see the layout of the facility. April 12, 2007 Minutes 17 One of the Board members also mentioned their concern for the cleanliness of the outside area of the building. Lea Kelly of 8 Simpson Avenue and Mary Jo Bohart of the Lexington Chamber of Commerce spoke in support of the petition. No one spoke in opposition of the petition. The hearing closed at 9:32 pm. On a motion by Nyles Barnert and seconded by John McWeeney, the Board approved the special permit to allow building use as a restaurant and to allow 4 off -site parking spaces with the following conditions: 1. Odors will be vented through roof ventilator. 2. Trash will be removed each day and contained within building. 3. Exterior of building, bench and planter, will be kept clean and well maintained. 4. Applicant will follow through and obtain and use four parking spaces off site at the Church of Our Redeemer as per agreement with Town Transportation Coordinator. 5. Hours of operation will be 11:00 am to 11:00 pm, Monday thru Saturday and from 12:00 pm until 11:00 pm on Sunday. 6. Permit is for one year from the date of occupancy permit. The petitioner shall notify the Board of Appeals Clerk as to the date the business obtains occupancy permit 7. Applicant will be responsible for renewing special permit 8 weeks before the expiration date as determined by condition 6 above Submitted by Dianne Cornaro, Clerk. April 12, 2007 Minutes 18