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HomeMy WebLinkAbout2007-03-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building March 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney and Associate Martha Wood. The applicant agreed to a four - person vote on this petition. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 27 Muzzey Street The relief sought is to amend a Special Permit from section 135 -16H and section 135 -28C to allow construction use as a corporate office. The Chairman continued the hearing at 7:50 PM by describing the reason for the continued hearing from December 14, 2006. 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 Planning and Zoning Administrator. The relief sought is to amend a 1986 special permit in accordance with 135 -16H and 135 -28C to allow the use as a corporate office instead of a dental office and labs. Attorney Pamela Brown, attorney for the sellers, presented the petition for Attorney Roberto L. DiMarco, Attorney for applicant Peter Feinmann who was unable to attend. Attorney Brown explained the changes that were made to the landscape design. The board questioned if they had seen the Design Advisory Committee's comments. Attorney Brown went over the changes they had agreed upon with the Design Advisory Committee. Applicant is to provide a copy the new landscape plan to the Board. A member of the Board asked about the seller going to Town Meeting to change the parking zoning. Attorney Brown felt the parking is legal because it was prior non - conforming. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:05 PM. March 8, 2007 Minutes 2 On a motion by Nyles Barnert and seconded by Martha Wood, the board voted 4 -0 to grant an amendment to the special permit issued March 27, 1986 to Kayn Realty Trust and Peter Feinmann to allow the continuation of a con - conforming office use at 27 Muzzey Street. Submitted by Dianne Cornaro, Administrative Clerk March 8, 2007 Minutes 3 DRAFT Minutes Lexington Zoning Board of Appeals March 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney and Associates David Williams and Martha Wood. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 14 Lisbeth Street The relief sought is for a Special Permit from section 135 -29A to reconstruct and extend dormer on a nonconforming structure. The Chairman opened the hearing at 8:06 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, Zoning Administrator, Planning Board and The Historic District Commission. Comments were received from the Zoning Administrator. Five letters of support were received from 18 Lisbeth Street, 11 Bowker Street, 11 Lisbeth Street, 282 Massachusetts Avenue, 282 Massachusetts Avenue and 14 Lisbeth Street. Karen Myers and Mark Brus, owners of the property, presented the petition explaining the plan to extend and reconstruct the dormer on their con - conforming home. The board had no questions for the petitioners. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:12 PM. The Board agreed the shape of the lot was a hardship. On a motion by John McWeeney and seconded by Nyles Barnert, the board voted 5 -0 to grant the special permit to reconstruct and extend dormer on a nonconforming structure. Submitted by Dianne Cornaro, Administrative Clerk March 8, 2007 Minutes 4 DRAFT Minutes Lexington Zoning Board of Appeals March 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney and Associates David Williams and Martha Wood. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 50 Parker Street The relief sought is for a Special Permit from section 135 -29 (A) to allow construction of a dormer on a nonconforming structure. The Chairman opened the hearing at 8:12 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, Zoning Administrator, Planning Board and The Historic District Commission. Comments were received from the Zoning Administrator. Malvina Lampietti, Architect for the owners Curt Troutman and Terry Dankle presented the petition. They are requesting relief to allow construction of a dormer over a nonconforming structure. Curt Troutman said he had spoken with the abutters and they have no issues with the construction of the dormers. The board had no questions. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:15 PM. On a motion by Martha Wood and seconded by John McWeeney, the board voted 5 -0 to grant the special permit to construct a dormer on a nonconforming structure. Submitted by Dianne Cornaro, Administrative Clerk March 8, 2007 Minutes 5 DRAFT Minutes Lexington Zoning Board of Appeals March 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney and Associates David Williams and Martha Wood. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 128 Spring Street The relief sought is for a Special Permit in accordance with section 135 -88 C (3) to allow installation of a camouflaged wireless communications facility. The Chairman opened the hearing at 8:16 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, Zoning Administrator, Planning Board, The Design Advisory Committee, Communications Advisory Committee and The Historic District Commission. Comments were received from the Zoning Administrator, the Design Advisory Committee and the Communications Advisory Committee. Tim Greene of Sprint Nextel presented the petition. Dan Goulet, RF Engineer for Sprint, also spoke. They are proposing 2 canisters on the Ledgemont Center roof to service both Sprint and Nextel. They have a 25 -year lease with the landlord. The Board asked about future plans for towers and Dan Goulet explained the coverage areas this petition would cover. Doug Dalrymdel of 642 Marrett Road question what size was the tower and what it would look like from the surrounding areas. Dan answered it will be 15 -feet high and 26 to 30- inches in diameter. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:27 PM. On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to grant the special permit to allow installation of a camouflaged wireless communications facility for a period of 25 years. This special permit is approved until March, 2032. March 8, 2007 Minutes 6 Submitted by Dianne Cornaro, Administrative Clerk DRAFT Minutes Lexington Zoning Board of Appeals March 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney and Associates David Williams and Martha Wood. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 286 Lincoln Street The relief sought is for a special permit in accordance with chapter 135 -16, Table 1: Permitted Uses and Development Standards: Line 9.13- to allow takeout food service; Line 11.12- to allow gasoline sales; Line 11.21- to allow activities conducted entirely within fully enclosed building; and Line 11.22- to allow activities conducted outside of building in open area; sectionl35 -57- to modify landscape transition requirements; section 136 -69- to allow modification of design of parking spaces; section 135 -75A- to allow illuminated signs; section 135 -77 A(3)- to allow standing signs; and sectionl35 -78D- to allow signage at 286 Lincoln Street. The Chairman opened the hearing at 8:30 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, Zoning Administrator, Planning Board, The Design Advisory Committee and The Historic District Commission. Comments were received from: Conservation, Engineering, Health, Planning, Development Review Team and the Design Advisory Committee. Letter of opposition was received from Carol Caccianmani of 3 Coppersmyth Way. Attorney Edmund Grant presented the petition to the Board. Other members of the project attending the hearing were: owner Jack Maloney, Dave Eagle, Design Consultant Frank Monteiro, Architect Joe Welch, Environmental Consultant Don Cary and Dunkin Donut franchise owner Grayland Cousins. Attorney Grant explained the background of the ownership of the property since 1948. The property contains 20,925 square feet and has frontage on both Lincoln Street and Marrett Road. Lincoln Street is the designated frontage street. The property is in a CS (services business) district. Across from both Lincoln Street and Marrett Road are CLO (local office) districts that contain office buildings. The property abuts an RD residential district to the right side, on Lincoln Street, and to the rear at Coppersymth Way. March 8, 2007 Minutes 7 The proposed facility will retain the use for gasoline sales, eliminate auto repairs, and add a convenience store. A small portion of the convenience store will involve Dunkin Donuts take out use. There is a proposed increase of 265 square feet to the existing building and that will be enclosed under the existing roofline and which will not expand the existing footprint. The existing pump islands and canopy will remain the same. Frank Monteiro, the civil engineer for the project, explained the design of the facility. There currently is no underground fuel tanks existing, they will be installing 3 new tanks with double wall piping. He also explained the layout of the driveways, the lighting, signage and the parking spaces. Joe Welch, Architect for the project, described the design details of the building. Another member of the Board asked why working with the existing building rather than building new, about the clean water act and why they are asking for new special permit instead of modification. (It was explained new special permit because there are new owners.) A member of the Board also asked about the 6:00 am start time. Would that include the delivery of the donuts? There is a concern of early morning noise. Grayland Cousins, Dunkin Donut Franchise owner addressed the question telling the Board the donuts would be made at the Waltham Street facility and then brought to this facility by a van around 6:00 am. The Board asked to confirm the hours of operation they were asking for. Another member asked about the enclosures for the trash, which is going to be a lattice fence. It was confirmed that the legal handicapped requirements were meant for parking. Another concern of a Board member was that the internally lit sign was only allowed to be on during hours of operation. Questions from the audience: • Bonnie Dalrymple of 642 Marrett Road asked about the color of the building. • Gert Hill of 319 Lincoln Street was concerned with the traffic. • Jarvis of 594 Marrett Street Condo Association asked about the status of the well testing in the driveway. (Don Cory, Environmental Consultant spoke to the audience about the monitoring and testing that he will oversee. Shell oil will be reporting semi - annually. Currently there is no indication of any contamination) • David Silva of Lincoln Street said his major concern was safety and the effect of the air pollution and traffic. March 8, 2007 Minutes 8 • Mark of 249 Lincoln Street had a concern with trucks idling. (State law that they are to be turned off) • Jay Whitehead of 257 Lincoln Street was concerned with pedestrian traffic. • Gloria McMeninmen of 264 Lincoln Street had questions regarding the hours of operation and whether the donuts in the trash could bring vermin. • A member of the 594 Marrett Street Condo Association asked the Board if they could ask for a traffic study. (The Chairman explained that the traffic is not in their jurisdiction for a project of this magnitude.) • Brad Hill of 319 Lincoln Street asked that a decision not be made until the Board had a chance to ask for a traffic study. (The Chairman again said that it was not up to the Board to ask for a traffic study but that they could request one done through the Selectmen's office. • Dr. Vladan Milosalvjectic of 10 Coppersmith Way presented an article that he asked the Board to read regarding childhood leukemia from pollution. Dawn McKenna, Town Meeting Member for precinct 6, spoke in favor of the petition along with Dean Curtin of 587 Marrett Street and Mike Schroeder of 2 Welch Road. The hearing closed at 10:20 PM. On a motion by Nyles Barnert and seconded by John McWeeney the Board voted 5 to 0 to approve the special permit in accordance to plans submitted and with the following conditions: 1. Hours of operation: 6:00 am to 10:00 pm 2. No delieveries at night between the hours of 10:00 pm and 6:00 am. 3. Trash dumspter disposal will occur after 7:00 am and before 6:00 pm. 4. All litter will be picked up dailey. 5. No lighting will be included on the outer facade of the canopy. The only light on the Coppersmyth Way side adjacent to the handicapped parking space will have controlled shade to prevent light intrusion on that side. 6. Applicant agrees to do planting between Coppersmyth Way's fence and applicant's property line. Applicant agrees to do plantings and a fence for shrubbery /screening between the McMenimen property at 264 Lincoln Street and applicant's property. 7. Remediation shed will be removed from the property as per March 2, 2007 e -mail from Senior Environmental Engineer David Weeks attached. 8. Snow will be removed from the property off -site. 9. Applicant will file with the Conservation Commission. 10. Sign light shall be on only during hours of operation. 11. Retriping of roadway after coordination with the Traffice Advisory Committee. 12. Landscaping trees and shrubbery must be maintained and replaced as needed. 13. This special permit is for one year from the date of the opening. Petitioner is to notify the Board in writing when the facility will be opened. March 8, 2007 Minutes 9 Submitted by Dianne Cornaro, Administrative Clerk Other Business: February 8, 2007 minutes approved. Nyles Barnert spoke of the upcoming Tree By -Law change to protect trees that are larger than 6- inches in diameter during construction projects. The Board agreed that we should oppose this by -law change as presently written, and voted 3 -2 to suggest improvements to the language to the Planning Board. Nyles will represent the Board at Town Meeting.