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HomeMy WebLinkAbout2007-03-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Cary Hall, Cary Memorial Building March 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, Maura Sheehan, Judy Uhrig and Associate John Gilbert Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 27 -31 Massachusetts Avenue The relief sought is for the following from chapter 135 of the Code of the Town of Lexington; a VARIANCE pursuant to §135 -35A, Table 2 Dimensional Controls to allow a front yard setback of 7 ft instead of the required 30 ft; SPECIAL PERMITS pursuant to § 135 -16, Table 1, Permitted uses- Line 11.21, to allow activities conducted entirely within an enclosed building; Line 11. 22, to allow activities conducted in an open area; SPECIAL PERMITS pursuant to §135 - 75A, to allow illuminated signs and §135 -78D, to allow signage; and a SPECIAL PERMIT, pursuant to §135 -13H, to allow MODIFICATION OF AN EXISTING SPECIAL PERMITNARIANCE to remove an existing building and upgrade car wash facility. 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: Conservation, Engineering, Zoning Administrator, Health, Planning, Development Review Team and the Design Advisory Committee Prior to the hearing a letter of concern was received from Mrs. Kristen Nuffort of 40 Massachusetts Avenue. Attorney Edmund Grant, representing R.G. Thompson Mass Ave Realty, LLC, presented the petition. Also present who spoke or answered questions were project engineer George Dimakarakos of Stamski and McNair, Environmental Consultant Bill Simons of Mabbett Engineers, Noise Expert Tom Esslinger of Noise Reduction Products, Joe Welch of CW Design and the applicant Ron Thompson Attorney Grant explained the history of the property, meetings and conversations that had taken place over the last two years with the former Zoning Officer, Matt Hakala, the Health Department, Conservation and the Design Advisory Committee regarding the proposed changes to be made to the facility. They will be meeting with the design Advisory Committee again on April 3, 2007. March 22, 2007 Minutes 2 Site engineer, George Dimakarakos, went over the plans for the property in detail including the landscape design. He stated they would be going before the Conservation Commission for approval for the storm water management. Joe Welch, Architect for the project, went over photographs and plans for the proposed building. His goal was to enhance the site to fit in with the neighborhood. He also went over the details for the signage. The Board questioned the noise levels and felt the noise levels should be addressed in the designs not monitored after they are in place. The petitioner said he is looking into new technology to make the machinery as quite as possible. The Board felt the plans need to be more precise for their approval; feels the application is incomplete without it. The Board also asked for clarification on how the two pieces of property were split and then recombined, how it was decided that six bays were needed, why not design the bays and the tunnel together in one building and the hours of operation. When asked about the groundwater recycled system the petitioner stated they were the first car wash in the state to use 0 -zone to kill contaminates. There were questions as to whether the car wash currently complies with the noise by law. Also discussed was by what standards the measurements are done. Also discussed was a DEP incident report from October 13, 2005 that is still open regarding contamination on the gas station lot. William Simmons, Mass Site Professional said when Ron Thompson bought the lot in April 2006 Ron Thompson assumed responsibility to clean up the property. The contamination is localized to the center of the site where the former underground storage take was. As soon as the building is down they are planning on taking care of the contaminated area. It was confirmed the reason for the front variance was because one of the vacuums will be towards the street and that they would be turned off when the car wash is not open. Questions from the audience: • Ellen Basch of 3 South Ridge Avenue asked to have the CS Zoning clarified. • Maureen Kaplan of 4 South Rindge Avenue asked about the number of bays and where would the wastewater go and what percent of water is recycled. • Ivan Basch of 3 South Rindge Avenue was concerned that all the attention for the measuring of the noise was from the front and that the noise is also a concern from the back of the car wash. Mr. Basch asked how many vacuums. (8 presently, 11 if approved) March 22, 2007 Minutes 3 On a motion by Nyles Barnert and seconded by John Gilbert , the board voted 5 -0 to continue the hearing until June 14, 2007 at 7:45 PM. Submitted by Dianne Cornaro, Administrative Clerk