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HomeMy WebLinkAbout2013-04-11-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 11, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate member Frederic Johnson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1707 Massachusetts Avenue, Map 48 Lot 102 The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, a plot plan and a copy of a decision dated December 8, 2011. 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Historic District Commission and the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16A, Use and Development Table 1, Line 9.12 and section 135-11C to renew a special permit for fast food service. Attorney Thomas O. Fenn presented the petition for the owner of the business, Fruitee Yogurt. At the hearing the Attorney Fenn requested the special permit be issued for a period of five years and that the hours of operation be increased from 11 am to 9:30 pm to 11:00 am until 11:00 pm. A Board member confirmed the hours they are open and asked the Zoning Administrator if the hours requested were permitted by the Selectmen. Another Board member asked the applicant to pass on a thank you to the owner of the property for monitoring the dumpster. A Board member asked how many employees they have. The Zoning Administrator, David George, asked if Attorney Fenn could provide the new findings of fact to him referencing the new bylaws passed by Town Meeting. There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting April 11, 2013 2 The hearing was closed at 7:38 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board SPECIAL PERMIT voted 5-0 to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16A, Use and Development Table 1, Line 9.12 and section 135-11C to renew a special permit for fast food service for a period of five years. This special permit will expire on April 11, 2018. It shall be the responsibility of the applicant to renew the special permit six to eight weeks before date of expiration. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 11, 2013 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 11, 2013 Board Members Present: Chairman – Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate member Frederic Johnson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 52 Maple Street, Map 30, Lot 1 The Chairman read a request from John P. Rogaris requesting to withdraw a petition without prejudice for a special permit in accordance with section 135-32 (c) and section 135-11, filed on March 14, 2013, to allow reconstruction after destruction of a nonconforming structure. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to accept the withdrawal without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 11, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 11, 2013 Board Members Present: Chairman – Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate member Frederic Johnson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 16 Gleason Road, Map 71, Lot 115 The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, a plot plan and elevations. 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:38 pm by reading the legal notice and described information received from the petitioner. SPECIAL PERMIT The applicant is requesting a in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-29A, in accordance with 135- 11, to allow a nonconforming structure to be enlarged or extended. Luishun Lau, owner of the property, presented the petition. At the hearing the Attorney Farrington Mr. Lau presented to the Board six letters of support from abutters. A Board member asked how many square feet the house was presently and how many square feet when addition is completed. (Applicant answered “Presently approximately 1400 sq. ft and when completed 3,000 something.”) The Zoning Administrator, David George, asked the applicant to provide additional findings of fact to him referencing the new bylaws passed by Town Meeting. Susan and Greg Orr of 17 Gleason Road asked if the second floor is twice the size of the house presently does that make it twice as non-conforming. (No) Also asked how long the project will take and had a question on the garage. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:54 pm. BOA Meeting April 11, 2013 5 On a motion by Frederic Johnson and seconded by Leo P. McSweeney, the Board SPECIAL PERMIT voted 5-0 to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-29A, in accordance with 135-11, to allow a nonconforming structure to be enlarged or extended. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 11, 2013 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 11, 2013 Board Members Present: Chairman – Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate member Frederic Johnson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 324 Marrett Road The petitioner submitted the following information with the application: nature and justification of request; topographic plan; a plot plan; site plan; redevelopment plans; elevations; photographs and Pole sign light section detail, redevelopment plans revised March 11, 2013, traffic information. 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, Engineering, Health Director, Planning Director, Selectmen’s Office, Economic Development, Tree Committee and the Zoning Administrator. The Chairman opened the hearing at 7:57 PM by reading the legal notice and described information received from the petitioner. The applicant is requesting for an AMENDMENT TO AND EXTENSION OF A SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16A, (Table of Uses and Development Standards) lines 11.12, 11.21 and 11.22 and section 135-11 to Amend and Extend a Special Permit issued on May 8, 2006 authorizing redevelopment of existing retail gas station and convenience store. Attorney John T. Smolak presented the petition for the applicant, Cumberland Farms Inc. With Attorney Smolak at the hearing were: Dawn Johnson, Project Manager, Cumberland Farms, Inc, Chris Tymula, Design Consultant and Jason Adams, Traffic Engineer. Attorney Smolak gave a history of the the property and the proposed improvements. Chris Tymula, the Design Consultant, went over in detail the changes that are to be made to the site using photo simulations showing the existing and the proposed plans. A Board member asked if the applicant had any concerns with any of the existing conditions. (No) He also had questions regarding the fences, the retaining wall, the abutting building which is on the lot line and any curb cut changes. He wanted to make sure there was not going to be any digging on the new pavement. BOA Meeting April 11, 2013 7 It was also asked if the station would be doing any repairs (no) ; is there public restrooms (yes inside) and would there be an air station available? (yes) A Board member asked if there would be anything on the roof (no, mechanicals on the back of roof inside screened area), does the new design discourage by pass traffic. (The traffic design Engineer spoke to this question.) Board members also had questions regarding the loading dock area, deliveries, trash pick up, landscaping, hours of operation, the red box, lights being shut off when closed and what will happen to the electric box and the old pump station. (Both will be removed.) One of the Board members asked the Zoning Administrator questions regarding the abutters building that is on the lot line. DJ Modoono of 336 Marrett Road wanted to confirm that the lights would be facing down from his property and was concerned with deliveries before 7:00 am. He also asked when the renovations would start and how long would they take. (Dawn Johnson of Cumberland Farms answered they expect to start in July and estimate it will take 16 weeks.) Margaret Heitz of 335 Marrett Road wanted to make sure the delivery hours were in writing. Eugenio Scalzo of 403 Waltham Street asked why the Board members was so concerned with his building being on the line; was there something that he should be aware of. The building had been there for 38 years with no problems between neighbors. No one spoke in opposition to the petition. The hearing was closed at 8:39 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to extend a special permit for a period of 2 years to allow a gas station and convenience store. This special permit shall expire on May 31, 2015. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to amend and modify the revised plans with the following conditions: 1. The facility must comply with the Lexington Noise By Law. 2. Fuel and other deliveries shall be made between the hours of 7AM to 9PM. 3. Owner shall comply with all recommendations from the Lexington Tree Committee made through its May 9, 2006 letter to Cumberland Farms, Inc. except as amended by the Tree Committee letter to Cumberland Farms, Inc. dated March 25, 2013. BOA Meeting April 11, 2013 8 4. All comments by the Development Review Team, dated March 22, 2006, shall be incorporated into plans, except as otherwise modified by this decision. 5. Insulate transformer that provides buffing for noise reduction. 6. Hours of operation for the store and gas shall be 6:00 AM until 11:00 PM. 7. No increase in size of pylon sign. The pylon sign shall only be refaced using the existing internal illumination type (fluorescent tubes). 8. Lighting shall meet the requirements of Lexington Outdoor Lighting By-Law. 9. No trash pick up between 11:00 PM and 7:00 AM. 10. Snow removal may occur on site in the designated snow storage areas, as shown on the plans submitted with the application, except that snow may be removed from the site as may be needed. 11. Project shall be constructed per the plans submitted to the Board March 15, 2013 entitled, “Proposed Site Re-Development Plans for Assessor’s Map 32 – Lot 16, 324 Marrett Road, Lexington, MA,” prepared for Cumberland Farms, Inc. by Garofalo and Associates, Inc., MHF Design Consultants, Inc., and Aharonian and Associates, Inc., plan set consisting of 18 sheets, title sheet dated March 11, 2013, except as those plans are modified by the revised plans submitted to the Board April 8, 2013 entitled, “Proposed Site Re-Development Plans for Assessor’s Map 32 – Lot 16, 324 Marrett Road, Lexington, MA,” prepared for Cumberland Farms, Inc. by Garofalo and Associates, Inc., MHF Design Consultants, Inc., and Aharonian and Associates, Inc., plan set consisting of 18 sheets, title sheet dated April 5, 2013 (Revisions to sheets 3 through 8, A3.1, A3.2, and Site Line Diagram), and that  Signs larger than those allowed as-of-right and internally illuminated signs require a Special Permit from the Zoning Board; and  The approvals granted by this decision apply only to the applicant and do not apply to third party external merchandisers. Such merchandisers shall be required to obtain separate permit approvals. 12. Twenty parking spaces are required and tandem spaces cannot be counted toward required parking spaces. The parking and loading layout shall be as shown on the updated site plan, entitled, “Site Plan, 324 Marrett Road, Lexington, MA,” prepared by MHF Design Consultants, Inc., dated March 11, 2013. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 11, 2013 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 11, 2013 Board Members Present: Chairman – Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate member Frederic Johnson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1. On a motion Leo P. McSweeney and seconded by Jeanne K. Krieger, the board voted 3-0 to accept the minutes of March 14, 2013. 2. A discussion was held regarding 38 Adams Street and the Building Commissioner’s question as to what the Board meant by decommissioning of the existing house. It was determined the Board is looking for the following to be done:  All non-bearing walls shall be removed.  All bathrooms shall be removed except for one.  The applicant shall present a plan to the Building Commission indicating the work to be done prior to receiving a certificate of occupancy On a motion by Leo P. McSweeney and seconded by Frederic Johnson, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk