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HomeMy WebLinkAbout2008-07-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 24, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson, and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 301 Massachusetts Avenue, Map and Lot: 13 -368 The relief sought is for a renewal of a special permit in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section Table 1, Line 11.11 to continue to operate an automobile rental service for an additional 3 years in a CRS District. The Chairman opened the hearing at 7:33 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, and the Planning Board. Comments were received from the Zoning Administrator. Darrin Trebbett, Area Manager for Enterprise Rent A Car, presented the petition. Also present at the hearing was Jack Maloney, representing the owner of the property, Arlex Oil and Mr. Gary Larson the Landscaping architect. The petitioner seeks to renew a previously granted special permit to operate a rental car service at the site. The special permit was approved with conditions. Under the Zoning By -law, Line 11. 11, motor vehicle sales or rental is allowed in the district by special permit. The original special permit was issued in 1996 subject to conditions and granted certain modifications of the parking, landscape, and transition screening requirements. The 1996 special permit was renewed in 1997 and then in 2005. The 2005 renewal was retroactive and should have been renewed in 2002. The petitioner indicated, at that time, that failure to renew was an oversight. The Chairman of the Board asked the petitioner to address issues brought forward by David George, the Zoning Administrator who had conducted a site visit to the site on July 21, 2008. From that site visit, it was determined that the landscaping is not in substantial compliance with the original special permit. Also, the lot is not in compliance with the maximum parking of 13 spaces. At the time of the site visit, two Arlex Company trucks were either fully or partially blocking the two marked tandem spaces on the side of the building (Mass Ave. side). Mr. Trebbett was unaware of the original landscaping plan and had talked with Mr. Eagle of Arlex Oil who is responsible for the landscaping of the building. They said if the Board feels they need to do more then they will comply with the Boards request. Mr. Maloney, of Arlex Oil, told the board they had planted many trees and bushes over the years that have not survived. Due to the mature nature of bushes that are there it is not feasible to have as many bushes planted as was on the original landscaping plan. July 24, 2008 ZBA Minutes 2 Mr. Eagle had Arlex cars parked on this lot that have now been removed to give Enterprise the number of parking spaces required for their business. Mr. Trebbett stated that they usually have no more than 4 or 5 cars at any time but do have the room for 13 cars. One of the Board members asked what Mr. Trebbett's role was at Enterprise and had a concern that the Manager during the last hearing didn't know the special permit needed to be renewed and this time no one knew the landscaping plan wasn't in compliance. The Board discussed the landscaping issues and agreed that a new landscaping plan was needed as a condition of this renewal. Mr. Mahoney agreed to submit to the Board a landscaping plan within 2 weeks of this hearing. 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 closed at 7:49 PM. On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted 5 -0 to grant the renewal for a period three years as requested with the previous conditions and with a request that a modified landscaping plan be submitted before August 31, 2008. This special permit is granted subject to the following conditions: 1. Permitted hours of operation are as follows: Monday through Friday - 8:00 AM to 6:00 PM, Saturday - 9:00 am to 12:00 noon and closed on Sunday. 2. A modified landscaping plan will be presented to the Board before August 31, 2008. 3. No more than 13 vehicles will be parked on site during business hours and no more than eight vehicles parked overnight, all in the tandem area. 4. There will be no vehicles associated with the business parked on Massachusetts or Fottler Avenues. 5. There will be no advertising on the rental vehicles other than an identification plate. 6. All cleaning and washing of vehicles will be inside the building. July 24, 2008 ZBA Minutes 3 7. All lighting will be screened from the view of abutting residential properties. There will be no exterior lighting on the building after operating hours except for low -level security lights. 8. Signage will conform to the zoning bylaw. 9. Snow will be removed promptly and not allowed to pile up on the property so that it obstructs sight -line visibility. 10. This special permit is granted for three years and will expire on August 31, 2011. Application for renewal should be made 8 weeks before special permit expires. Submitted by: Dianne Cornaro, Administrative Clerk July 24, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 24, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson, and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 72 Oak Street, Map and Lot: 13 -235 The relief sought is for a Special Permit in accordance with section 135 -29 of the Zoning Bylaw to allow modification or expansion of a pre- existing nonconforming structure. The Chairman opened the hearing at 7:50 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, and the Planning Board. Comments were received from the Zoning Administrator. Letters of support were received from 66 and 69 Oak Street. Sam Streibert, architect for the project, presented the petition for the applicant and owner of the property, Mark S. Bowen. The petitioner seeks to demolish the existing non - conforming 346 sq. ft. wood deck and steps located on the western part of the structure. The applicant proposes to construct an addition, deck and steps to the rear of the structure as well as two additions onto the left (57 sq. ft.) and right (19 sq. ft.) side of the structure respectively. Regarding the left side addition, it is proposed to be located in the present location of the non - conforming porch. The addition would reduce the degree of non - conformity. However, the addition represents a vertical extension of the non- conforming structure. Regarding, the right side addition, it is proposed to be located in a section of the open porch. The addition represents a horizontal expansion of the non - conforming structure, through the enclosure of a portion of the existing open porch. The other proposed work is planned for as -of -right sections of the yard and require no zoning relief. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:56 pm. July 24, 2008 ZBA Minutes 5 On a motion by Nyles N. Barnet and seconded by Carolyn C. Wilson, the Board granted a special permit in accordance with section 135 -29 of the Zoning Bylaw to allow modification or expansion of a pre- existing nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk