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HomeMy WebLinkAbout2013-04-25-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 25 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, David G Williams, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 1752 Massachusetts Avenue, Map 49, Lot 35A The petitioner submitted the following information with the application nature and justification of request; floor plans, decision from May 11, 2006 and a waiver for the certified plot plan 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 30 pm by reading the legal notice and described information received from the petitioner The applicant is requesting 2 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) to allow. 1 Modification of the parking requirements per section 135-5 1 14 and 2 A fast food use per section 135-3 1 1, Table 1 Schedule of Permitted Uses and Development Standards, Line J 1 02 Joe Rancatore, owner of the busiiness, presented the petition At the hearing Mr Rancatore gave a brief history of the business and requested a special permit for a period of five years Board members asked if there were any changes being made to the business and if the the hours of operation would be changed (No to both questions) There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 34 pm On a motion by Jeanne K. Krieger and seconded by William P Kennedy, the Board voted 5-0 to waive the certified plot plan requirement On a motion by Jeanne K. Krieger and seconded by William P Kennedy, the Board voted 5-0 grant a SPECIAL PERMIT Modification of the parking requirements per section 135-5 1 14 B()A Meeting April 25 2()1; 2 On a motion by Jeanne K. Krieger and seconded by William P Kennedy, the Board voted 5-0 to grant a SPECIAL PERMIT fast food use per section 135-3 1 1, Table 1 Schedule of Permitted Uses and Development Standards, Line J 1 02 for a period of five years The Special Permit shall expire on April 25, 2018 It is the responsibility of the applicant to renew the special permit six to eight weeks before date of expiration Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, B()A Meeting April 25 2()1; 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 25 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, David G Williams, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 4 Upland Road, Map 56, Lot 51 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, elevations, floor plans and a letter of support from Sara Sue Pennell of 6 Upland Road 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 35 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 135-8 4 2 to allow modification of a nonconforming structure The applicant proposes to demolish a section of the existing nonconforming structure adjacent to the right side yard lot line and rebuild the structure taller than the existing condition There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 38 pm On a motion by Martha C Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 to allow modification of a nonconforming structure Su6mittcd 6y: Dia line Cornaro,.,4dministratir'c Clerk, B()A Meeting April 25 2()1; 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 25 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, David G Williams, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 6 Chandler Street, Map 56, Lot 155 The petitioner submitted the following information with the application nature and justification of request; a topographic plan, a plot plan, elevations, photographs, site plan, additional findings and a letter of authorization dated February 26, 2013 from Kelly Littlewood 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 40 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 135-8 4 2 to allow modification of a nonconforming structure Karl Damitz of Fourfold Design presented the petition for the owners Kelly and Matthew Littlewood At the hearing the Mr Damitz explained the proposed project to demolish the existing garage and replace it with a three car garage The existing garage had been deemed unsafe by a certified inspector when the house was recently bought A Board member asked what the second floor of the garage would be used for (Storage, there is no permant access) There were no audience questions No one spoke in favor or in opposition to the petition The hearing was closed at 7 52 pm B()A Meeting April 25 2()1; 5 On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 to allow modification of a nonconforming structure (garage) with the condition that the existing garage shall be removed Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, B()A Meeting April 25 2()1; 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 25 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, David G Williams, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 46 Bedford Street, Map 57, Lot 14A The petitioner submitted the following information with the application nature and justification of request, photographs sign 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, Economic Development and the Historic Districts Commission Clerk. Comments were Health Director and the Zoning Administrator The Chairman opened the hearing at 7 53 PM by reading the legal notice and described information received from the petitioner The applicant is requesting special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5 2 10 to allow for more or larger signs than are allowed by right Attorney John Farrington presented the petition for the applicant, Igor Ostrovsky of Apex Wine and Spirits for signage Mr Ostrovsky has received approval for the signage from the Historic Districts Commission Attorney Farrington also requested a waiver from the certified plot plan requirement There were no questions from the Board There were no questions from the audience No one spoke in opposition to the petition The hearing was closed at 7 59 pm On a motion by Jeanne K. Krieger and seconded by William P Kennedy, the Board voted 5-0 to waive the plot plan requirement B()A Meeting April 25 2()1; 7 On a motion by Jeanne K. Krieger and seconded by William P Kennedy, the Board voted 5-0 to grant the special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5 2 10 to allow for more or larger signs than are allowed by right. Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, B()A Meeting April 25 2()1; 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 25 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, David G Williams, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 482 Bedford Street, Map 84, Lot 70A The petitioner submitted the following information with the application nature and justification of request; topographic plan, a plot plan, Existing condition plan, site plan, parking plan and a letter from the Town Engineer dated March 14, 2013 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, Development Review Team, the Lexington Design Advisory Committee and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, Engineering, Planning Director, Economic Development, Lexington Design Advisory Committee, the Development Review Team and the Zoning Administrator The Chairman opened the hearing at 8 00 PM by reading the legal notice and described information received from the petitioner The applicant is requesting relief for 4 special permits in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) to allow 1 ) Modifications to off-street parking requirements per section 135-5 1 14, 2) Modifications to landscaping and screening requirements per section 135-5 3 15, 3) Modifications to standing sign requirements per section 135-5 2 10, and 4) Internal illumination of a standing sign per section 135-5 2 4 1 Attorney Peter Tamm of Goulston & Stores PC presented the petition for the applicant, Beth Israel Hospital Association and The Children's Hospital Corporation With Attorney Tam presenting the petition was the Site Engineer, Jay, the Signage Consultant, Sam and Jim Smith and Bill Burley from the Beth Israel Hospital Association and The Children's Hospital Corporation Attorney Tamm went over the proposed modifications The sign consultant presented the changes to the signage The applicant went before the Conservation Commission and received approval for the proposed storm water improvements B()A Meeting April 25 2()1; 9 Members of the Board questioned the legality of the left turn off of Hartwell Avenue, what the hours of operation would be (Monday—Friday 7 00 am until 6 00 pm), asked how would snow removal would be handled and had a discussion of the parking issues with the site They also discussed the agreement the applicant has with the town to build a bus shelter at the completion of the side walk. The Board received a draft copy of the agreement There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 8 30 pm On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to allow the modifications of a special permit for the off-street parking requirements per section 135-5 1 14 with the condition of the letter of agreement between the Town and the applicant per draft presented at the hearing regarding the bus shelter On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to allow the modifications to the special permit for the landscaping and screening requirements per section 135-5 3 15 On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to allow modifications to the special permit to the standing sign requirements per section 135-5 2 10 On a motion by Martha C Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a special permit to allow Internal illumination of a standing sign per section 135-5 2 4 1 Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk, B()A Meeting April 25 2()1; 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room April 25 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, David G Williams, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS 1 On a motion Jeanne K. Krieger and seconded by David G Williams, the board voted 3- 0 to accept the minutes of April 11, 2013 2 On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the meeting was adjourned Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk,