HomeMy WebLinkAbout2008-08-28-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
August 28, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Judith J. Uhrig and Associate Member David G. Williams
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 700 Waltham Street, Map and Lot: 16 -48A
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. This hearing had been
postponed from August 14, 2008 before it was opened.
The relief sought is to renew a Special Permit to allow uses under previously granted permits to
pick up and keep cars at the site.
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 and the Planning Board. Comments were received from the
Conservation Administrator, Health Department and the Zoning Administrator.
Attorney William Dailey, Jr. presented the petition for the owner of the property and business,
John P. Carroll.
Presently, the site is used, in part, as a salvage /scrap yard. The lot consists of 23.6 acres with
approximately 550 feet of frontage and is located in the RO zoning district. ZBA permits have
been granted for certain uses at the site for approximately 38 years. The most recently approved
permit was granted in 2003 with conditions.
Attorney Dailey had requested that the special permit include the ability to receive scrap metal
from the town (school lockers). The Chairman had advised Attorney Dailey that they would
need to apply for a modification in the special permit to expand the use as one of the conditions
of the special permit as granted is that they are to receive no other scrap metal other than
automobiles.
The Board asked if the petitioner also owned the parcel next to the golf course; no. One of the
Board members was confused with the condition of the inspections and wanted to know if they
had been done.
There was a discussion as to condition 17 and the ability and willingness of the Board to change
the condition to include scrape metal.
Reginald Suresh of 26 Blossomcreast Road said he has never been opposed to the renewal of
their special permit and he still is not, his only concern is with the enforcement of the conditions.
August 28, 2008 ZBA Minutes 2
The Board addressed David George, the Zoning Administrator about the conditions of the special
permit. Some conditions have been met, some have not.
No one spoke in favor of the petition.
No one spoke in opposition of the petition.
One of the Board members asked the Zoning Administrator if there was any correspondence on
file referencing any visits by the previous Zoning Administrator. David found none in at least
the last five years.
The Board had a discussion with Attorney Dailey regarding the staking of the 1 -acre area within
the buffer zone for the parked cars.
The hearing was closed at 7:54 pm.
On a motion by John J. McWeeney and seconded by Nyles N. Barnert , the Board voted 5 -0 to
renew the special permit for a period of five years with the conditions as previous listed and with
the additional condition that the petitioner will erect stakes at the 4 corners of the acre area of the
salvage /recycling operation within 3 months of the date of this hearing as requested in the
original condition list as condition 1.
The conditions are as follows:
1. The area of the salvage /recycling operation shall continue to occupy no more than
one acre more or less as delineated on a plan filed with this decision and must be
located at least 60 feet from the property line of Lots 79 and 80 on Assessors' Map
16. The four corners of the acre shall be clearly identified.
2. This area of operation shall be shielded by a maintained earth berm with evergreens
planted on top of the berm to provide an additional shield. The operation shall be
confined within the shielded area.
3. The soil barrier and planting serving as a buffer for the property at 26 Blossomcrest
Road (shown as Lot 32 on Map 16) shall be maintained.
4. No more than 30 scrap vehicles shall be allowed at the site of this operation at any
one time.
5. Every effort shall be made to keep equipment used for this operation in good repair,
since Condition #4 above will be strictly enforced.
6. No retail business shall be conducted on the property.
August 28, 2008 ZBA Minutes 3
7. No scrap material other than cars shall be brought to the property, except for
discarded water heaters as a service to the town.
8. There shall be no traffic to the business operation from Allen Street. The Waltham
Street driveway and address shall be used exclusively for all business purposes. All
business advertising, telephone addresses and driveway signs connected with this
operation shall be identified as 700 Waltham Street.
9. Cars shall be transported to or picked up from this area between 8:00 AM and 6:00
PM Monday through Friday. No crushing and no transporting of vehicles in or out of
the property shall take place on Saturday or Sunday.
10. The loader shall not be used before 9:00 AM and after 12 Noon on Saturday except
for plowing.
11. Premises shall be kept clean and orderly at all times.
12. No scrap material shall be allowed to accumulate on the premises other than in the
specified area.
13. The fence shall be maintained for safety purposes.
14. Burning and /or burial of any trash, rubbish, debris, scrap metal, vehicle parts or other
materials generated by this operation, or from any other source, is prohibited.
15. No trucks or other vehicles may be parked on the premises for a fee.
16. This special permit is granted for five years and will expire on August 31, 2013.
17. The Permit Holder shall request annually in writing to the zoning enforcement officer
to make an on -site inspection and send a written report of conditions to the Zoning
Board of Appeals.
18. The petitioner will erect stakes at the 4 corners of the acre area of the
salvage /recycling operation within 3 months of the date of this hearing
Submitted by Dianne Cornaro, Clerk
August 28, 2008 ZBA Minutes 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
August 28, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Judith J. Uhrig and Associate Member David G. Williams
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 2 Essex Street, Map and Lot: 72 -462
The relief sought is for a variance to allow a front yard setback of 15.25 -ft. instead of the
required minimum 30 -ft front yard setback. A variance to allow a side -yard setback 10.76 -ft.
instead of the required (exempted) 12 -ft. side yard setback. and a special permit to allow
modification of a pre- existing non - conforming structure.
The Chairman opened the hearing at 7:55 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 Director, Board of
Selectmen, Zoning Administrator and the Planning Board. Comments were received from the
Conservation Administrator and the Zoning Administrator.
William Bush, owner of the property, presented the petition.
Currently located on the lot is a single - family dwelling. The lot size is 10,980 sq. ft. with 80 -ft.
frontage. The lot is located in the RS zone. The applicant appeared before the ZBA on May 8,
2008 and received a variance from the front yard setback to allow a front -yard setback of 16.56-
2. instead of the required minimum front yard -set back 30 -ft. The applicant indicates that they
are before the ZBA again because they did not seek the appropriate relief earlier. Relief at that
time did not include the overhang, and did not take into consideration that a portion of the non-
conforming structure would be modified with expansion of the overhang and addition of second
story.
The petitioner seeks to construct a 26 -ft. by 7.31 -ft. porch to the front of the house. Also, the
petitioner seeks to renovate the existing structure, add a second floor, and extend the roof.
Because the porch would encroach into the front -yard setback, a variance is required. As
justification to grant the variance, the petitioner cites topographic issues affecting the lot.
Because a portion of the non - conforming structure will be modified through the second story
addition and extended roof, both a special permit to modify the non - conforming structure and a
variance are required. Through the addition, the roof will encroach into the side yard setback.
August 28, 2008 ZBA Minutes 5
The Board commented on how hard it was to find the house and that the entire neighborhood
was tight.
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 8:01 PM.
The Board discussed the hardship being the topography /drop off in the back yard.
On a motion by Nyles N. Barnert and seconded by John McWeeney, the Board voted 5 -0 for a
variance to allow a front yard setback of 15.25 -ft. instead of the required minimum 30 -ft front
yard setback..
On a motion by Nyles N. Barnert and seconded by John McWeeney, the Board voted 5 -0 for a
variance to allow a side -yard setback 10.76 -ft. instead of the required (exempted) 12 -ft. side yard
setback..
On a motion by Nyles N. Barnert and seconded by John McWeeney, the Board voted 5 -0 to
approve the special permit to allow modification of a pre- existing non - conforming structure.
Submitted by: Dianne Cornaro, Administrative Clerk
August 28, 2008 ZBA Minutes 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
August 28, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Judith J. Uhrig, and Associate Member David G. Williams
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 397 Lowell Street, Map and Lot: 46 -37
The relief sought is for a Special Permit in accordance with section 88 -A (1) and 135 -91 G (1) of
the Zoning Bylaw to allow installation of a personal wireless services facility.
The Chairman opened the hearing at 8:01 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, The Planning Board, the Design Advisory Committee and the
Communication Advisory Committee. Comments were received from the Communication
Advisory Committee, Design Advisory Committee and the Zoning Administrator.
Adam Braillard, Attorney for the project, presented the petition for the applicant Metro PCS
Massachusetts, LLC. Bryan Eicens, Sr. RF Engineer for metroPCS, Inc. and David
Archambault, Site Acquisition Specialist for metroPCS, Inc. was also present to answer
questions.
Currently located at the site is a mixed -use building for retail, restaurants, offices, and storage
located in the CRS zoning district. The building is host to two other wireless
telecommunications carriers. On January 10, 2008 the ZBA granted approval to Bell Atlantic to
install antennas inside of a faux shelter built on the rooftop. The other wireless facility appears
to have been constructed under a building permit in 1998.
The petitioner seeks to install six (6) panel antennas inside a faux vent pipe mounted on the
corner of the Building's rooftop. The faux vent pipe, as proposed, would extend 12 -ft. from the
rooftop. The other equipment proposed for this wireless telecommunication is a maximum of
two (2) equipment cabinets, a backup battery cabinet, a Global Positioning System antenna, and
associated cabling. The applicant indicates and the plans show the equipment cabinets and
backup battery will be located adjacent to the rear of the building and concealed behind an 8 -ft.
tall stockade fence. The location of the equipment behind the building would use parking spaces
currently used to satisfy the required parking for the site. The coaxial cable, as proposed, would
run along the rooftop inside a cable tray and would connect to the cabinets.
August 28, 2008 ZBA Minutes 7
The Board discussed the driveway right of way and the parking area with the petitioner. The
petitioner was unaware that at a previous hearing a special permit was issued for a take out
restaurant at that location with a condition that the parking lot be paved and marked.
The Board also discussed the recommendations of the Design Advisory Committee.
The Chairman went over options available to the petitioner. The petitioner chose to continue the
hearing so that they can meet with the Design Advisory Committee again to get their approval
for the facility and to meet with the landlord to ensure that parking requirements are met and are
consistent with the conditions imposed by the special permit recently issued.
On a motion by Nyles N. Barnert and seconded by Judith Uhrig, the Board voted 5 -0 to continue
the hearing until Thursday, September 11, 2008 at 7:30 pm.
Attorney Adam Braillard signed a continuation form.
Submitted by: Dianne Cornaro, Administrative Clerk
August 28, 2008 ZBA Minutes 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
August 28, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Judith J. Uhrig, and Associate Member David G. Williams
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 750 Marrett Road, Map and Lot: 52 -3A
The relief sought is for a Special Permit in accordance with section 135 -88 -A (1) (C ) and 135-
91 Gof the Zoning Bylaw to allow installation of a wireless communications facility.
The Chairman opened the hearing at 8:38 PM by reading the legal notice 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, The Planning Board, the Design Advisory Committee and the
Communication Advisory Committee. Comments were received from the Design Advisory
Committee, the Communication Advisory Committee and the Zoning Administrator.
Adam Braillard, Attorney for the project, presented the petition for the applicant Metro PCS
Massachusetts, LLC. Bryan Eicens, Sr. RF Engineer for metroPCS, Inc. and David
Archambault, Site Acquisition Specialist for metroPCS, Inc. was also present to answer
questions.
The petitioner seeks to install six (6) panel antennas mounted on the rooftop and painted to
match the existing structure. The antennas, as proposed, would be installed in 3 clusters of 2
antennas each. Two of the cluster would be on platforms, with a maximum height of 15 -ft.
above the rooftop. The third sector would be mounted to a section of the building and extend a
maximum 10 -ft. above the roofline. As part of this wireless telecommunication's installation, a
maximum of two (2) equipment cabinets, a backup cabinet, a Global Positioning System
antenna, and accessory cabling are proposed for the site. The applicant indicates and the plans
show the equipment cabinets and backup battery will be located on a raised platform on the
rooftop. The coaxial cable, as proposed, would run along the rooftop inside a cable tray and
would connect to the cabinets.
The Board asked if the petitioner had any communication from the National Park Services on
this petition. The applicant had received no response from the park services. The antennas are
only visible from across the highway on Marrett Road.
August 28, 2008 ZBA Minutes 9
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing closed at 8:45 pm.
On a motion by Nyles N. Barnert and seconded by Judith J. Uhrig, the Board voted 5 -0 to grant
the special permit for the wireless communication facility for a term of fifteen years at 750
Marrett Road. This special permit will expire on August 31, 2023.
Submitted by: Dianne Cornaro, Clerk
August 28, 2008 ZBA Minutes 10
OTHER BUSINESS:
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
August 28, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig and
Associate Member David G. Williams. Board member John McWeeney recused himself from
this action.
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Address: 125 Spring Street, 200 -500 Patriot Way, Map and Lot 18 -14A
The Chairman referred to a letter dated August 6, 2008 from James C. Hart, Senior Associate —
Civil Engineer for the Lexington Technology Park — 125 Spring Street, 200 -500 Patriot Way
requesting minor engineering modifications to the special permit that was approved by the
Lexington Board of Appeals on March 4, 2008.
After reviewing the request, the Board did not consider the modifications to be minor.
On a motion by Judith J. Uhrig and seconded by Nyles B. Barnert, the Board voted 5 -0, that the
changes requested in memorandum dated August 25, 2008 are not considered to be minor;
therefore an advertised hearing will be necessary.
Submitted by Dianne Cornaro, Clerk