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HomeMy WebLinkAbout2014-08-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 14, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 21 Muzzey Street, Map 49, Lot 66 This hearing had been continued from July 24, 2014 Nature and The petitioner submitted the following information with the applications: Justification; Planting Plan; Conceptual plan of the land; Quitclaim Deed filed 4/18/2014 and a DVD of the submittal. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Building Commissioner, Conservation Administrator, Health Director, Planning Director, Historic Districts Commission Clerk, Historical Commission Clerk, Economical Director and the Zoning Administrator. The petitioner is requesting the following relief: 1.) A VARIANCE from section 135-4.4 Table 2, Schedule of Dimensional Contols to allow a 3 story structure instead of the maximum allowed 2 stories; 2.) A SPECIAL PERMIT from section 135-5.1.14 to allow 0 parking spaces instead of the required net increase of 20 spaces; 3.) A SPECIAL PERMIT from section 135-5.1.14 to allow modifications to the loading bay requirements; and 4.) A SPECIAL PERMIT from section 135-5.3.15 to allow modifications to the landscape requirements. Attorney John Farrington, presented the petition for Todd Cataldo, owner of the property. Todd was also present at the hearing. Attorney Farrington explained since the July 24, 2014 hearing they have met with the Historic District Commission and have worked with the Town Manager’s office in regards to the parking mitigation. They have come to a tentitive agreement which had been sent to the Board prior to this meeting. One of the Board members asked for clarification of the terms of the mitigation. The Lexington Town Manager, Carl Valente spoke of the Parking Management Team and the proposed plans for parking issues in the center. He explained the process they have gone through and the mitagation agreement that they have tentitively agreed to. They will be meeting again to finalize the agreement. Another Board member asked about additional handicapped spaces near the building. Attorney Farrington explained they have met with the Disability Commission and it had been determined that the Commission would need to go to the Selectmen for approval for additional BOA Meeting August 14, 2014 2 handicapped spaces; it is more involved than just adding spaces because of curb cuts, wheelchair accessibility and snow removal. The Disability Commission would need to make recommendations to the Selectmen to receive approval for the spaces. Attorney asked that the additional handicapped spaces not be made a condition of the decision. A Board member referenced Via Lago not getting financially penalized for asking for 0 parking spaces; why are they starting this now? It is a timing issue. Via Lago came in just under the radar for the changes that were recommended by a consulting report that was given to the Parking Management Team. Mr. Valente asked that the Board to start a new process with approval for this mitigation agreement. A Board member asked Mr. Valente if the applicant agreed with the conditions of the mitigation. They are meeting again on August 25 to finalize the agreement. th A Board member voiced concern that there was no guarantee that new parking spaces would be created. The town is not in position to create them. She would like to see dedicated parking nearby. Another Board member wanted to know how up to 55 new parking spaces would be done. A Board member thought it is premature for the Board to be setting a precedent before knowing what is going to happen with parking. The Chairwoman questioned where the bike rack would be located. Attorney Farrington said he was leaving that decision to the Landscape Architect, Gary Larson. Jeff Lyon, Manager of 19 Muzzey Street commended Todd Cataldo taking on the parking issues. Mr. Lyons asked what the requirements for handicapped parking with new buildings were and had a concern with this new building bringing the prices of parking spaces up; he is currently paying $80 per space. The Chairwoman closed the hearing at 8:16 pm. The Board had a discussion on creating parking spaces and whether the Board had the authority over the town to include a condition for additional parking spaces. A question was asked who would have the responsibility of creating them. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 4- 1, with Jeanne K. Krieger opposing, to grant the following relief: 1.) A VARIANCE from section 135-4.4 Table 2, Schedule of Dimensional Contols to allow a 3 story structure instead of the maximum allowed 2 stories; 2.) A SPECIAL PERMIT from section 135-5.1.14 to allow 0 parking spaces instead of the required net increase of 20 spaces; 3.) A SPECIAL PERMIT from section 135-5.1.14 to allow modifications to the loading bay requirements; and 4.) A SPECIAL PERMIT from section 135-5.3.15 to allow modifications to the landscape requirements with the following condition the applicant and the Town have a signed parking mitigation agreement in place. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 14, 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 14, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 371-443B Massachusetts Avenue, Map13, Lot 355 and Map 21, Lot 10-12 The petitioner submitted the following information with the applications: nature and justification of request, photographs, Wire Bound Booklet with various pictures, e-mails and letters between Mr. Bartenstein, David George, Attorney Farrington and the owner of Lexington Toyota, George Grey. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Zoning Administrator. This hearing had been postponed from May 22, June 12, July 10, and August 14, 2014. The Chairman opened the hearing at 8:18 pm by reading the legal notices and described information received from the petitioner. A Board member asked if before they hear from the applicant if the Board could decide if they felt there was standing for this appeal. The petitioner is before the Board appealing a decision made by the Zoning Administrator in a letter dated February 24, 2014 not to take action concerning several alleged zoning violations by Lexington Toyota in accordance with section 135-9.2.2.3. Applicants Attorney John Bartenstein and Donna Bosco presented the request for an appeal. Attorney Bartenstein explained why they were there, explained that during process of investigation they discovered another special permit for 2 extra trees and why the delay in coming before the Board. He then went into the issues now: the planting of the 2 additional trees, landscaping along the bike path, the use of a residential lot for parking and parking on Massachusetts Avenue. Attorney Bartenstein explained that he is there as an interested party as a co-applicant with Ms. Bosco and he is not representing her as an Attorney. Donna Bosco also spoke of her unhappiness with the process and she didn’t think she would need to go through what she has to seek enforcement. BOA Meeting August 14, 2014 4 Attorney John Farrington, representing Lexington Toyota explained that the process had started for them with a phone call from the Zoning Administrator, David George inquiring as to what they were doing by taking down the trees. Mr. Grey admitted that they had begun the process not realizing he needed to go before the ZBA and has been working with Mr. George and Attorney Farrington to correct any issues. Attorney Farrington also stated to the Board they are waiting for this appeal to be finalized and they are preparing to come before the Board to re-do the parking lot at Lexington Toyota. He also told the Board that they have not been able to find any landscaping plan on file with the Town and asked if it was filed with the state. He also stated in terms of employees parking on Massachusetts Avenue it is an on-going management enforcement issue that Mr. Grey has been working with. Garrett Burke of 46 Brandon Street was concerned with the landscaping along the bike path and John Gilbert of 43 Brandon Street spoke of the expansion of Toyota back in the 80’s and his recollection of what the barrier was intended to be. Another abutter asked what the ordinance on noise is. George Grey spoke to address the concerns of Ms. Bosco and Mr. Bartenstein. In the past there had been noise and he has made lots of changes to address this; he has no idea about the 4-wheeler that is making noise; in the past he has sent letters asking the neighbors to please call him if they have concerns relating to his dealership, he is doing everything he can to be a good neighbor to them. The Chairwoman closed the hearing at 9:50 pm and re-opened the hearing to have additional questions answered. During deliberations a Board member asked the chairwoman to clarify what they are deciding on. It was explained if the motion was to deny the petition a yes vote would uphold the Zoning Administrator’s decision to take no action, a no vote would enforce the Zoning Administrator to take enforcement action. Attorney Bartenstein asked for a five-minute recess to give Ms. Bosco and himself a chance to discuss in private what they would like to do regarding the appeal. After the recess they had discussed if they withdrew without prejudice they would want to have conditions applied. The Zoning Administrator explained that it is not customary to attach conditions to a withdrawal of a petition. The Chairwoman reclosed the hearing at 10:10 pm. The Zoning Administrator, David George, said to the Board issues brought to his and to Lexington Toyota’s attention has and will continue to be addressed. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 4-1, with David Williams voting in opposition, to deny the appeal. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 14, 2014 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 14, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 39 Arcola Street, Map 29, Lot 18 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans; photographs and petition of support from abutters at 35 and 40 Arcola Street. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator and the Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification (reconstruction and expansion) of a non conforming structure. The Chairman opened the hearing at 10:12 pm by reading the legal notices and described information received from the petitioner. Attorney John Farrington presented the petition for the owner of the property, Tim Walls, by explaining a building permit to allow interior demolition of the existing structure and an addition of a new second floor and garage with living space above the garage was issued in error . The applicant was not notified by the Building Department that a special permit was required to modify the existing non conforming structure. There were no questions from the Board. The Zoning Administrator, David George, asked if the P & S was signed and when the closing was to take place? The new owners of the property were in the audience; the closing was delayed until the end of September waiting for the decision on the front steps. Mr. George assured them we would work to get the decision written and filed as soon as possible. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 10:23 pm. BOA Meeting August 14, 2014 6 On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification (reconstruction and expansion) of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 14, 2014 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 14, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 66 Munroe Road, Map 17, Lot 18 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; photographs, grading/drainage plan and a letter of support for Attorney Edmund Grant. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Conservation Administrator, Engineering and the Zoning Administrator. The Chairman read a letter from Richard A. Kirby of LEC Environmental Consultants, Inc. on behalf the applicant, Ying Chen, requesting to postpone the hearing to September 11, 2014 to respond to concerns raised by the Town Engineer. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to postpone the hearing until September 11, 2014. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 14, 2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room August 14, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to accept the minutes of July 10, 2014. 2. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 to accept the minutes of July 24, 2014. 3. David George reviewed how the Assessor’s office complies and maintains the abutter’s names and addresses for the abutter lists we receive for the abutter cards that are sent out before and after the hearings. Submitted by: Dianne Cornaro, Administrative Clerk