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HomeMy WebLinkAbout2008-10-16-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 16, 2008 Board Members Present: Vice - Chairman— Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 1000 Main Campus Drive, Map and Lot 1 -IA The Vice - Chairman read a letter received from the petitioner requesting the hearing be postponed until December 11, 2008. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5 -0 to postpone the hearing until December 11, 2008. October 16, 2008 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 16, 2008 Board Members Present: Vice - Chairman— Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 1075 Waltham Street, Map and Lot: 5 -11A The Vice - Chairman opened the hearing at 7:30 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is for a Special Permit to install an externally illuminated standing sign. 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, the Planning Board and the Design Advisory Committee. Comments were received from the Conservation Administrator, the Design Advisory Committee and the Zoning Administrator. Brian Murphy from the Facilities Office of the Watertown Savings Bank presented the petition. The petitioner seeks to install one (1) externally illuminated, double faced, standing sign adjacent to the front lot line (Waltham Street). The sign would be 5 -ft. 3 -in. tall by 7 -ft 8 -in. wide as shown on plans submitted with the application. The sign would be made from aluminum, mounted on a stone and brick base and capped with a stone top cladding. The illumination type would be a 54 -watt fluorescent light enclosed in an extruded aluminum tube on each side of the sign. The applicant submitted a light diagram. The diagram shows that light would be directed at and covers the sign. The light cutoff is within the property bounds. Per the Board's preference, the applicant was directed to the Design Advisory Committee (DAC), which has reviewed the sign, and indicated that it has no issues with the sign as presented. The sign would serve the customary purpose of directing customers and employees to the commercial enterprise located in an area that abuts other commercial businesses located in commercial zones. At the hearing the Board asked about the Design Advisory Committee's recommendations and had a concern with obstructing the visibility from the shopping plaza's driveway. There were no questions from the audience. No one spoke in favor of the petition. October 16, 2008 ZBA Minutes 3 No one spoke in opposition of the petition. The hearing was closed at 7:35 PM On a motion by Martha C. Wood and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the special permit to install an externally illuminated standing sign at 1075 Waltham Street in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -77 A3. Submitted by: Dianne Cornaro, Administrative Clerk October 16, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 16, 2008 Board Members Present: Vice - Chairman— Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 8 -10 Piper Road, Map and Lot: 10 -69, 10 -78 The relief sought is for a special permit to allow a driveway on one lot to lead to a parking space on another lot (common driveway). The Vice - Chairman opened the hearing at 7:36 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 Planning Administrator and the Zoning Administrator. Joseph Marino presented the petition for Homes Development Corporation. Currently located at the site are two single - family houses currently under construction on separate lots. 8 Piper Rd. consists of 21, 372 sq. ft. area with 303 ft. of frontage. 10 Piper Road consists of 36,675 sq. ft. area with 335 ft. of frontage. The lots are located in the RO zone. The 8 Piper Rd. lot is considered non - conforming because of land takings. At the time preceding the land taking, the lot had greater than the required 3 0, 000 sq. ft. area. The petitioner seeks to install a common driveway to serve both lots. This represents a change from plans approved for the building permits for both structures, which show a driveway serving each lot. The Board was looking for the legal document that explained the proposed easement and asked about the size and the slope of the proposed driveway. They also wanted to know if the driveway had received approval from the fire department. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. October 16, 2008 ZBA Minutes 5 The hearing closed at 7:45 PM On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0 to grant the special permit to allow a driveway on one lot to lead to a parking space on another lot (common driveway) in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135- 69 -C). Submitted by: Dianne Cornaro, Administrative Clerk October 16, 2008 ZBA Minutes 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 16, 2008 Board Members Present: Vice - Chairman— Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 153 North Street, Map and Lot: 68 -49 The relief sought is for: Variance: To allow an 18.7 -ft. side yard setback instead of the required 30 -ft. side yard setback. Variance: To allow a rear yard setback of 12 -ft. instead of the required 30 -ft. rear yard setback. Variance: To allow 0- loading spaces instead of the required 1 loading space. Variance: To allow a maximum floor area ratio of 0.214 instead of the required minimum 0.20 Special Permit: To allow a modification of the transitional landscaping requirement. Special Permit: To allow a standing sign. The Vice - Chairman opened the hearing at 7:46 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 Conservation Administrator and the Zoning Administrator. Attorney Thomas O. Fenn presented the petition for the applicant Lexington Cleaners. Hyung Kim, owner of the cleaners and his architect, Paul Minor also attended the hearing. The petitioner seeks to construct a 2,017 sq. ft. addition to the existing 2,005 sq. ft. structure. The additional space would be used for additional retail uses. The applicant is seeking six items of relief. The Board asked.the type of business Mr. Kim was hoping to attract, if the applicant had met with the Tree Warden, asked for an explanation of the residential and buffer area and why did they need to make the addition larger than the existing building. The Board also asked about the storm water management, the overhang, material of the building and the handicap accessibility. Mr. Barbieri of 161 North Street and Paul and Marie Bonjiovanni of 4 Northgate Circle had questions and concerns regarding traffic, the design of the structure and if there was going to be an expansion of the cleaners. October 16, 2008 ZBA Minutes 7 Mr. Barbieri of 161 North Street and Paul and Marie Bonjiovanni of 4 Northgate Circle also spoke in opposition of the petition. No one spoke in favor of the petition. As a follow up the Board discussed the trees that had been taken down and the type of businesses that are zoned for this property. The hearing closed at 8:34 PM On a motion by Carolyn C. Wilson and seconded by John McWeeney, the Board voted 5 -0 to approve the variance to allow 0- loading spaces instead of the required 1 loading space. On a motion by Carolyn C. Wilson and seconded by John McWeeney, the Board voted 5 -0 to approve the variance to allow an 18.7 -ft. side yard setback instead of the required 30 -ft. side yard setback. On a motion by Carolyn C. Wilson and seconded by John McWeeney, the Board voted 5 -0 to approve the variance to allow a rear yard setback of 12.9 -ft. instead of the required 30 -ft. rear yard setback. On a motion by Carolyn C. Wilson and seconded by John McWeeney, the Board voted 5 -0 to approve the variance to allow a maximum floor area ratio of 0.214 instead of the required minimum 0.20 with the following conditions: 1. The hours of operation shall be 7:00 am until 10:00 pm, seven days a week. 2. Rubbish shall be kept in locked dumpsters. 3. There shall be no odors from the building. 4. There shall be no noise in violation of the Town of Lexington Noise By -Law restrictions. 5. Vinyl banners shall be removed. On a motion by Carolyn C. Wilson and seconded by John McWeeney, the Board voted 5 -0 to grant the special permit to modify the required 20 ft. transitional landscaping. On a motion by Judith J. Uhrig and seconded by Martha C. Wood, the Board voted 5 -0 to grant the special permit to allow a free standing illuminated sign with the condition that the sign is illuminated only during the hours of operation and no later than 10:00 pm. Submitted by: Dianne Cornaro, Administrative Clerk October 16, 2008 ZBA Minutes 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 16, 2008 Board Members Present: Vice - Chairman— Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: Dee Road, Lot 122, Map and Lot: 71 -122 The relief sought is to appeal a decision of the Zoning Administrator indicating that this lot is not a buildable house lot. The Vice - Chairman opened the hearing at 8:34 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 Building Commissioner and the Zoning Administrator. Attorney Ed Grant presented the petition for the applicant Stann Chonofsky and Helen Bowns. The applicant seeks to develop the side yard as a house lot. The applicant is before the ZBA to appeal an adverse opinion (Zoning Opinion dated August 13, 2008) that the side yard is not buildable for an additional house. Attorney Grant stated the lot received grandfather status by a prior decision of the Board of Appeals in 1993, which was not appealed by the Town. There has been no change in circumstances on this lot except for a change in ownership. The applicants purchased the property in 1995 with the understanding they were buying two lots. They have since maintained the lots as separate and the Town has always issued separate tax bills for the lots. Garry Rhodes, the Building Commissioner, spoke to the Board regarding the length of time a past decision should be upheld if not exercised by way of filing the decision with the Registry of Deeds or building upon. The Board questioned why the applicants were before them. They did not understand if they had the decision from 1993 why they felt they needed to get additional approval from the Zoning Administrator. October 16, 2008 ZBA Minutes 9 The applicant, Stann Chonofsky, spoke with the Board giving detailed information as to how he had purchased the lot with the thought that they had a buildable lot. They planned on selling the lot when the time was right for either their children's college education or their retirement. They had plans to add on to their existing kitchen and went to the Zoning Administrator to make sure plans for the addition would not jeopardize the status of the lot as buildable. David George gave the Board an overview of his determination that the applicant did not have two lots. Mark and Joanna Flannagan of 7 Dee Road said they had similar issues in the past with a lot and can sympathize with the applicant but was confused; was the applicant putting on an addition or was he planning on selling the lot. They were concerned that if a min - mansion were built on the lot it would take away the character of the neighborhood. The applicant answered that there is no development planned at this time. No one spoke in favor or in opposition of the petition. The hearing closed at 9:15 pm. It is the opinion of the majority of the Board that lot 122 on Dee Road was determined to be a buildable lot pursuant to a Zoning Board of Appeals decision dated January 14, 1993 which at that time reversed a determination by the Building Commissioner Steve Frederickson that it was not a buildable lot. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 4 -1, with Martha C. Wood opposing, to overturn the August 13, 2008 decision of the Zoning Administrator. Submitted by: Dianne Cornaro, Administrative Clerk October 16, 2008 ZBA Minutes 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 16, 2008 Board Members Present: Vice - Chairman— Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Associate Members David Williams and Martha C. Wood Staff present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 125 Spring Street, 200, 300, 400 and 500 Patriot Way Map and Lot Numbers: 18- 3C, 413, 14A, 14B and 15; 25 -113A and 26 -44D The relief sought is to revise a special permit granted under a site plan review. The Vice - Chairman opened the hearing at 9:16 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 Conservation Administrator, Engineering and the Zoning Administrator. Attorney Ed Grant presented the petition for the applicant Patriot Partners. Also attending were Co- counsels Joan Langston of Riemer & Braunstein and Peter Corbett of Goulston & Storrs; and Project Engineers Brian Lawlor and John Hart from Symmes, Maini and McKee Patriots Partners has requested Board of Appeals determination that certain changes to its commercial project constitute minor changes to the special permit with site plan review and may be granted under § 135- 42E(4), Revision of special permit. According to the project proponent, the proposed changes developed, in large part, from: 1) Recently settled litigation between Patriots Partners and the Shade Street abutters; and 2) In association with Conservation Commission Notice of Intent requirements. The site consists of three office /research and development buildings of approximately 355,000 sq. ft gross floor area located on a parcel of approximately 96 acres. The area was rezoned in 2004 from CRO to CD -10 (planned commercial development). The ZBA approved the definitive site development and use plan (DSDUP) and granted the SPS on January 24, 2008. Project proponents seek to redevelop the site by constructing 2 new buildings and modifying existing buildings leading to an increase in approximately 340,000 sq. ft. of gross floor area of office /research/manufacturing space. The redevelopment includes additional parking, lighting, and landscaping at the site. October 16, 2008 ZBA Minutes 11 The Board asked why they were not building the reserved parking areas and about the landscaping plan to prevent the loss of screening. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 9:24 PM On a motion by Judith J. Uhrig and seconded by Carolyn C. Wilson, the Board voted 5 -0 that the proposed changes involved minor changes to the DSDUP for 125 Spring Street, 200, 300, 400 and 500 Patriot Way. Submitted by: Dianne Cornaro, Administrative Clerk