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