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HomeMy WebLinkAbout2008-01-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Jill I. Hai Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 45 Hartwell Avenue, Lot and Map: 008500018A The relief sought is for zoning relief in accordance with the following provisions of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington): two SPECIAL PERMITS: 1) per section 135 -75A to allow an internally illuminated sign; and 2) per section 135- 77(A)(3) in conjunction with section 135 -78 to allow a standing sign The Chairman opened the hearing at 7:30 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, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, the Zoning Administrator and the Design Advisory Committee. Stephen Duffy, representing Duffy Properties, presented the petition. The Board had questions regarding the illumination and the placement of the sign on the lot. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The Chairman closed the hearing at 7:38 pm. On a motion by Jill I. Hai and seconded by John J. McWeeney, the Board voted 5 -0, to approve two special permits: 1) per section 135 -75A to allow an internally illuminated sign; and 2) per section 135- 77(A)(3) in conjunction with section 135 -78 to allow a standing sign. Submitted by Dianne Cornaro, Administrative Clerk January 24, 2008 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Jill I. Hai Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 25 Hartwell Avenue, Lot and Map: 008400080B The relief sought is for a special permit in accordance with section 135- 77(A)(3) in conjunction with section 135 -78 of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington) to allow a standing sign. The Chairman opened the hearing at 7:38 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, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, the Zoning Administrator and the Design Advisory Committee thru the Zoning Administrator. Stephen Duffy, representing Duffy Properties, presented the petition. This sign will be the same as described for 45 Hartwell Avenue but the business did not want the sign illuminated. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The Chairman closed the hearing at 7:38 pm. On a motion by Jill I. Hai and seconded by John McWeeney, the Board voted 5 -0 to approve the special permit in accordance with section 135- 77(A)(3) in conjunction with section 135 -78 of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington) to allow a standing sign. Submitted by Dianne Cornaro, Administrative Clerk January 24, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Jill I. Hai Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 17 Theresa Avenue, Map and Lot: 0020000150 The relief sought is for a special permit in accordance with section 135 -29A of the Zoning By- law (Ch. 135 of the Code of the Town of Lexington) to allow the extension or enlargement of a preexisting non - conforming structure. At 7:40 PM the Chairman read a letter from the applicant asking the Board to withdraw his petition without prejudice. On a motion by Judith J. Uhrig and seconded by Jill I. Hai, with a vote of 5 -0, the Board voted to grant the withdrawal without prejudice. Submitted by Dianne Cornaro, Administrative Clerk January 24, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Jill I. Hai Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 110 Spring Street, Map and Lot:002500113B The relief sought is for a special permit in accordance with section 135 -29A of the Zoning By- law (Ch. 135 of the Code of the Town of Lexington) to allow the extension or enlargement of a pre- existing nonconforming structure. 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Lin Ding, owner of the property, presented the petition. The applicant seeks to add a second story and attic to a portion of the non - conforming structure and to remove and replace the existing steps. The Board had questions regarding the height of the structure and the basement of the home. One Board member had concern with the structure looking very imposing on the corner. Frank Sandy of 353 N. Emerson Street and Mark Duffy of 46 Spring Street had questions regarding the height and if the structure would be allowed by right if not non - conforming. No one spoke in favor or in opposition of the petition. The hearing closed at 7:50 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0, to approve the special permit in accordance with section 135 -29A of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington) to allow the extension or enlargement of a pre- existing nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk January 24, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Jill I. Hai Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 72 Waltham Street, Map and Lot: 0048000079 The relief sought is in accordance with the following provisions of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington): SPECIAL PERMIT, per section 135 -32C, to allow for reconstruction after destruction of a nonconforming structure; and three VARIANCES: 1) per section 135- 32(C)(1), to allow for increase in site coverage and gross floor area of a reconstructed nonconforming structure; 2) per section 135 -35, Table 2: Schedule of Dimensional Controls, to allow a rear yard setback of 7.4 ft. instead of the required minimum 15 ft. rear yard setback; and 3) per section 135 -35, Table 2: Schedule of Dimensional Controls, to allow a side yard setback of 10.4 ft. instead of the required minimum 15 ft. side yard setback The Chairman opened the hearing at 7:50 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Planning Administrator, Historic Districts Commission Clerk and the Zoning Administrator. Attorney Thomas Fenn presented the petition for the owners of the property, Eric and Kim Zanin. The petitioner seeks to demolish a portion of the existing structure, rebuild it on its existing footprint, and add additional gross floor area to the rebuilt structure. After reviewing the application, Attorney Fenn had determined the only relief needed was the variance for the rear yard setback of 7.5 feet instead of the required 15 feet. The applicant is asking the Board to withdraw without prejudice the request for the special permit, per section 135 -32C, to allow for reconstruction after destruction of a nonconforming structure; for a variance per section 135- 32(C)(1), to allow for increase in site coverage and gross floor area of a reconstructed nonconforming structure; and for a variance per section 135 -35, Table 2: Schedule of Dimensional Controls for a side yard set back. January 24, 2008 ZBA Minutes 6 The Board asked if the applicant would be able to preserve the big tree. The applicant explained how the tree is considered a "dirty tree" and it will need to come down. They are planning on replacing it and doing landscaping to provide a visual barrier from the house next door. The Board also asked if the petitioners plan to raise the roof. They do not plan to raise the roof. Attorney Fenn explained the applicant had informally gone before the Historic District Commission and they had been pleased with the plans. They will be going back to the HDC for formal approval. Mr. Griffith of 1 Vine Brook Road was concerned with the addition blocking light to his property and what impact would water run off have on his property. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:09 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney the Board voted 5 -0 to approve the request to withdraw without prejudice everything except for the request for a variance for a rear set back of 7.5 ft. instead of the 15 ft. required. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson the Board voted 5 -0 to approve the variance for a 7.5 ft. rear yard set back instead of the required 15 ft. rear side yard set back. Submitted by: Dianne Cornaro, Administrative Clerk January 24, 2008 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Jill I. Hai. John J. McWeeney recused himself from the discussion and vote for this petition. Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 125, 131, 141 Spring Street, Patriots Partners, Map and Lot: The relief sought is for zoning relief in accordance with the following provisions of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington): three SPECIAL PERMITS: 1) per section 135- 39(B)(3) to allow for a structure to exceed maximum height requirements of Table 2, Schedule of Dimensional Controls; 2) per section 135- 42(E)(2) to authorize grant of the Special Permit with Site Plan Review and determination whether the DSDUP conforms with the PSDUP approved by Town Meeting; and 3) per Section IIA of the Definitive Site Development and Use Plan to allow use as a biopharmaceutical manufacturer; and two VARIANCES: 1) per section 135- 39(B)(2) to allow for a structure to exceed maximum height requirements of Table 2, Schedule of Dimensional Controls; and 2) Article III of the Site Development and Use Plan - Planned Commercial District for total gross floor area, height for structures and total impervious surface 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, Conservation Administrator, Engineering, Planning Administrator, the Zoning Administrator and the Design Advisory Committee. Attorney Edmund Grant presented the petition. Also attending the hearing for Patriot Partners was Joe Zink of Patriot Partners, Co- Counsel Robert Buckley of Riemer & Braunstein, Jim Winiarski and Pat Sacco of Shire Pharmaceutical, project engineer Brian Lawlor of Symmes, Maini & Mckee, Fred Block and Tejoon Jung of project architect Kling- Stebbins January 24, 2008 ZBA Minutes 8 Attorney Grant gave an overview of the project and the committees that they have gone before. He also told the Board they had met with the South Lexington Civic Association, a neighborhood Association to listen to the concerns of the neighbors. Lexington Partners would like to be a good neighbor and would like to address the concerns of abutters. Attorney Robert Buckley discussed the "manufacturing for use" change to the original plans that were approved by Town Meeting. Project engineer Brian Lawlor went over the site plan and Fred Block, the project architect, went over the 400 building plans. Jim Winiarski of Shire Pharmaceutical spoke on behalf of the company. The Board asked questions regarding the parking areas near Route 2 and the screening and the color of the stacks. They also asked about the landscaping and tree removal. The following were questions /concerns from the audience: 1. Ralph Fleischmann of 28 Shade Street asked what type of exhaust was coming from the stacks. 2. Richard Canale of 29 Shade Street wanted more information on roof coverage and the truck/freight traffic and how it was going to be addressed. 3. Frank Sandy of North Emerson Road was concerned with the height of the building and whether the ladder fire trucks could reach the roof. 4. Michelle Ciccolo of 50 Shade Street had a concern with the parking area for building 400 being directly behind their homes, the lights from the building and with the trees being taken down and replaced. 5. Kevin Johnson spoke on behalf of the South Lexington Civic Association. 6. Pat Moran of 46 Shade Street asked for clarity as to why Patriots Partners had to ask for additional parking. 7. Fred Keith of 139 Shade Street was concerned with the trees, noise and lights. The following spoke in favor of the petition: 1. Norm Cohen of 33 Forest Street asked that the Board make their decision ASAP, as this is an important project for The Town of Lexington. 2. Charles Hornig of 75 Reed Street spoke on behalf of the Planning Board. No one spoke in opposition of the petition. In closing Attorney Robert Buckley stated: 1. The Patriots Partners will work with the Shade Street abutters on all of their concerns. 2. There will be more meetings planned on the number 200 building. 3. Under the covenant in the original agreement with Town meeting they will need to review the light and noise pollutants January 24, 2008 ZBA Minutes 9 The applicant had requested relief for the same height requirement item under a special permit and as a variance. The Board took action on the item as a variance; therefore no action was needed on the special permit. The hearing was closed at 9:43 pm. John J. McWeeney recused himself from the discussion and vote for this petition. On a motion made by Carolyn C. Wilson and seconded by Judith J. Uhrig, it was voted 4 to 0, by the Board to approve the special permit with site plan review, determination that the definitive site development and use plan conforms substantially to the preliminary site development and use plan approved by Town Meeting, inclusive of revision to allow 1) an increase in impervious surface of 1.7% and 2) an increase in gross floor area of approximately 65,000 sq. ft and under section 135 -42 E (2)(a) and (d) with the condition that the construction plan is to be determined by the construction management team and the Lexington building department. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, it was voted 4 -0 to grant the variance in accordance to section 135- 39(B)(2) of the Lexington By -law to allow exhaust and boiler stacks to exceed height requirements by 5 -ft as per plans submitted. On a motion made by Judith J. Uhrig and seconded by Carolyn C. Wilson, it was voted 4 to 0, by the Board to approve the special permit under section 11A — Types of Permitted Uses for use as a bio- pharmacy manufacturing facility for the number 300 and 400 buildings as submitted on plans and at the 2004 Town of Lexington Spring Meeting. On a motion made by Judith J. Uhrig and seconded by Carolyn C. Wilson, it was voted 4 to 0, to reconsider the vote for the special permit under section 135- 42(E)(2) to address landscaping and screening concerns of the Shade Street abutters. On a motion made by Carolyn C. Wilson and seconded by Judith J. Uhrig, it was voted 4 to 0, by the Board to approve the special permit with site plan review, determination that the definitive site development and use plan conforms substantially to the preliminary site development and use plan approved by Town Meeting, inclusive of revision to allow 1) an increase in impervious surface of 1.7% and 2) an increase in gross floor area of approximately 65,000 sq. ft and under section 135 -42 E (2)(a) and (d) with the following conditions: 1. The construction plan shall to be determined by the construction management team and the Lexington building department. 2. The applicant shall provide screening or landscaping to address the concerns of the Shade Street abutters. Submitted by: Dianne Cornaro, Administrative Clerk January 24, 2008 ZBA Minutes 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 24, 2008 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Judith J. Uhrig, and Carolyn C. Wilson. Staff present: Garry Rhodes, Building Commissioner, David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 440 Bedford Street, Map and Lot: 008400044F The relief sought is for a special permit in accordance with sections 135 -12, 135 -16B, 135 -77 (3) 135 -75A of the Code of the Town of Lexington to authorize new signage and to authorize the demolition of existing restaurant and rebuild a same use structure at 440 Bedford Street. This hearing had been continued from January 10, 2008 with the applicant knowing that Nyles Barnert would not be able to attend this hearing and a 4 to 0 vote would be needed to approve this special permit. The Chairman re- opened the hearing at 9:47 PM. 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, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, the Health Agent, Selectmen's Office, the Zoning Administrator and the Design Advisory Committee. George Johannesen of Allied Engineering Associates, presented the information the Board had requested at the previous hearing; the full size plans, the rendering of the building and sign, a copy of a letter to the Design Advisory Committee addressing the DAC's concerns. Mr. Johannesen presented the new plans for the sign height of 42- inches. He would prefer a variance for a sign height of 54- inches, which is the standard height for the 99 Restaurant signs; the Lexington By -law height requirement is for 36- inches. He also had spoken with the Massachusetts Highway Department and to meet their requirements for a delta island they need a 45- degree angle, which would be difficult. The Board asked questions regarding the Design Advisory Commissions comments, the illumination of the sign and the hours of illumination. January 24, 2008 ZBA Minutes 11 Lexington Building Commissioner, Garry Rhodes, told the Board that it is a state law that the handicapped parking spaces need to be the closest spaces to the front door. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 10:10 PM. On a motion made by John McWeeney and seconded by Carolyn C. Wilson the Board voted 4 -0 to approve the special permit under §135 -16, Table 1: Schedule of Permitted Uses and Development Standards of the Zoning By -law to allow a restaurant use at 440 Bedford Street and subject to the restaurant and site plan elements being built or designed according to the revised plans as submitted for the January 24, 2008 hearing with the following conditions: 1. Permitted hours of operation shall be 7 -days per week, 11 AM until 1:00 AM. 2. The dumpster shall be locked and emptied as needed to meet Board of health standards. 3. The special permit is granted for five years and will expire on January 31, 2013. 4. It is the responsibility of the applicant to apply for the renewal of the special permit eight weeks before the permit expires. On a motion made by Carolyn C. Wilson and seconded by John J. McWeeney, with a 4 -0 vote, the Board approved the special permit under §135 -77(3) in accordance with §135 -78 of the Zoning By -law for an illuminated standing sign as submitted in plans for 440 Bedford Street. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 4 -0, to approve the special permit under §135 -78 (D) of the Zoning By -law for a wall sign as shown on the revised plans submitted for the January 24, 2008 hearing. Submitted by: Dianne Cornaro, Administrative Clerk