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HomeMy WebLinkAbout2012-11-08-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 8, 2012 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Also attending this hearing was Associate Member Edward. D. McCarthy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 846 Massachusetts Avenue, Map 22, Lot 74 Petitioner submitted the following information with the application: nature and justification of request, elevations, sign plans, photographs and awning plans. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Historic District Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a Special Permit In accordance with section 135-78D to allow for more or larger signs than are allowed under the Lexington By-Law. The applicant is also asking for a waiver to the plot plan requirements. Gerald Taylor, agent for Linda Gong, owner of the business – Green Tea Day Spa, presented the petition. Ms. Gong is requesting permission for an awning sign which had already been erected due to a misunderstanding of the approval and permitting process and to allow for one sandwich board. A Board member asked if the sandwich board would be taken in and out each day and another Board member asked if the sandwich board would be out every day or just when the are offering specials. It would be taken in every night and they would like to have it out everyday. One of the Board members asked if the sandwich board had been helpful. The Board member has a concern with how much is going on around that sidewalk. Yes, it was helpful. The question was raised as to where does the private property end and shouldn’t the sign be on his property. The applicant said they were learning where their boundaries were and the sign will be closer to the building on their property. There were no questions from the audience. David Kelland of 884 Massachusetts Avenue spoke in opposition to the petition. BOA Meeting November 8, 2012 2 No one spoke in favor of the petition. The Chairman closed the hearing at 7:42 pm. On a motion by Ralph D. Clifford and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the plot plan requirement. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the Special Permit in accordance with section 135-78D to allow for more or larger signs than are allowed under the Lexington By-Law as per plans submitted with the application with the condition that the sandwich board must be placed on the business’s private property and that the sandwich is out only when the buiness is open. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting November 8, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 8, 2012 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P. McSweeney and Associate Members Ralph D. Clifford and Edward. D. McCarthy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1640 Massachusetts Avenue, Map 48, Lot 27 Petitioner submitted the following information with the application: nature and justification of request, elevations, sign plan, photographs and a request for a waiver to the plot plan requirements. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Historic District Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a Special Permit in accordance with section 135-78D to allow for more or larger signs than are allowed under the Lexington By-Law. The applicant is also asking for a waiver to the plot plan requirements. Paul Luszcz of Zebra Visuals presented the petition on behalf of Big Picture Designer Custom Framing. The applicant is seeking to install a sign on the roof of a bay window on the first floor of the structure. There were no questions from the Board. There were no questions from the audience. No one spoke in opposition or in favor of the petition. The hearing was closed at 7:51 pm. On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the Board voted 5-0 to waive the plot plan requirement. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the Special Permit in accordance with section 135-78D to allow for more or larger signs than are allowed under the Lexington By-Law as per plans submitted with the application. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting November 8, 2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 8, 2012 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Associate Member Edward D. McCarthy also sat for this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 95-99 Hayden Avenue, Map 17, Lot 22 and Map 18 and Lot 12B The petitioner submitted the following information with the application: nature and justification of request topographic plan, site plan, elevations, floor plans, photographs, regulatory materials, non-regulatory materials, Ledgement Traffic Impact Study, Development and Use Plan, Letter to David George from Joseph C. Gloski of JCHG Architect dated November 5, 2012, Site Construction Plan and Landscape Plans dated December 22, 2008 and October 12, 2012. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Conservation Administrator, the Planning Director, the DPW Engineer and the Zoning Administrator with a copy of the decision dated June 25, 2009. The Chairman opened the hearing at 8:03 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting the following in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington): (a) a Special Permit with Site Plan Review (the “SPS”) for certain new uses, and other site improvements, pursuant to section 135-12 (in accordance with sections 135-13 and section 135-14C) and the Preliminary Site Development and Use Plan (the “PSDUP”) approved for the site by an act of May 4, 2009 Town Meeting; and (b) approval of the Definitive Site Development and Use Plan as consistent with the PSDUP, pursuant to sections 135-42B and section 135-42F. Attorney John Farrington, presented the application for the owners of the property, 95 Hayden LLC, managed by Hobbs Brook Management, LLC. Also present at this hearing was: Kevin Gammons General Council of Hobbs Brook Management, LLC, Maurice “Skip” Sullivan, from Bingham McCutchen, LLP and members from the development team Dominic Rinaldi and Charles Kalauskis from the BSC Group, civil engineers and traffic consultants for the project, Joseph Glosky, the Architect of the Ledgemont 3 building and Gary Larson, Landscape, Architect. BOA Meeting November 8, 2012 5 Attorney Farrington explained The Ledgemont site, at the corner of Hayden Avenue and Spring Street, was the subject of a rezoning at the Town of Lexington 2009, Annual Town Meeting. Two existing parcels of land, each with its own building, Ledgemont One and Ledgemont Two, were involved. At its May 4, 2009 session, Town Meeting approved a Preliminary Site Development and Use Plan (PSDUP) drafted and sponsored by the Beal Companies for the two properties, which together are known as Ledgemont Center. Conservation Restriction and Trail Easement The Applicant is asking the Board to: 1) Find that the modification to the Town Meeting approved PSDUP to the East elevation of the proposed building is a minor modification and allow the requested modification; 2) Find and accept the request that the existing Conservation and Trail Easement and Plan be reviewed by the Conservation Commission, subject to conditions; 3) Approve the Applicant’s request that applicant hire a professional sound engineering firm to establish baseline noise levels for the Ledgemont Center site; and 4) Approve the DSDUP and issue a Special Permit with Site Plan Review pursuant to section 135-42F of the Zoning By-Law for CD-14. Board members asked questions regarding the Building Commissioner’s comment regarding enclosing the penthouse to limit noises from possible manufacturing; is there an ambient number they can’t go over; traffic patterns and traffic report; would additional special permits be needed if medical offices went there; possible tenants; conservation land and agreements and the storm-water report. Richard Canale of 29 Shade Street and a member of the Planning Board spoke on behalf of the Planning Board. He reinforced the concerns the Planning Department stated in their letter to the ZBA Chairwoman dated November 8, 2012. One of the Board members mentioned an open house at Vista Print recently. Vista Print had shown an interest in this building but it may not be done it time for them. Attorney Michael Burke representing 1 Ledgemont Center asked how this petition could be heard for all of Ledgemont Center when the owners of Ledgemont One did not know of this petition and did not sign the application. He was asking for clarification of the application. Attorney Farrington stated the application had to be submitted for the entire site listed under the DSUP since they were requesting a modification of it but the work involved in this application only pertains to Ledgemont 2. Bijan Khosraviant of 11 Woodcliffe Road questioned the noise level, lighting and the air pollution. Daniel Koerber of 23 Woodcliffe Road had issue with the tax abatement. He was told that was not the issue before us and that would be something that would go before town meeting. There was discussion between Attorney Burke and Attorney Harrington regarding the application and that Ledgemont 1 requested the applicant to postpone the hearing with the ZBA until they had the opportunity to address concerns with the applicant. BOA Meeting November 8, 2012 6 No one spoke in favor of the petition. The Chairwoman asked the Board what their feelings were on the petition and if they wanted to go on with the hearing. The majority of the Board agreed that they were ready to go forth with the vote and the issues with Ledgemont One could be addressed before filing for a building permit. The hearing was closed at 9:39 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a Special Permit with Site Plan Review (the “SPS”) for certain new uses, and other site improvements, pursuant to section 135-12 (in accordance with sections 135-13 and section 135-14C) and the Preliminary Site Development and Use Plan (the “PSDUP”) approved for the site by an act of May 4, 2009 Town Meeting; and On a motion by Ralph D. Clifford and seconded by Jeanne K. Krieger, the board voted 5- 0 to approve the Definitive Site Development and Use Plan as consistent with the PSDUP, pursuant to sections 135-42B and section 135-42F. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting November 8, 2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room November 8, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Leo P. McSweeney and seconded by David G. Williams, the minutes from October 25, 2012 were approved as written. Submitted by: Dianne Cornaro, Administrative Clerk