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HomeMy WebLinkAbout2014-09-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford 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; wetland and restoration planting plan; engineering drainage calculations 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 petitioner requested 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. At the August 14, 2014 hearing 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 until September 11, 2014 to respond to concerns raised by the Town Engineer. by At the September 11, 2014 hearing the Chairwoman opened the hearing at 7:36 pm reading the legal notices and described information received from the petitioner. Attorney Edmund Grant presented the petition for Ying Chen, owner of the property. Richard Kirby of LEC Environmental Consultants, Inc. was also present at the hearing. Attorney Grant explained the proposed project and the modification of the location of the structure. Because the previously proposed structure was located near a town-controlled sewer easement, the structure needed to be moved to a different location as requested by the Town Engineer. The revised plan, which satisfied the requirements of the Engineering Division, shows the house location as 5.4 ft from the front lot line, 38.7 ft. from the right-side yard lot line, 50.5 ft from the left-side lot line and 82.2 ft. from the rear lot line. One side of the lot has extensive conservation wetlands and required order of conditions for the new location of the structure, which was approved by the Conservation Commission on August 25, 2014. Mr. Kirby explained the drainage and the proposed changes to the project that were approved by the Engineering Department and the Conservation Commission. A Board member asked what was the height of the building. (38.9 ft.) BOA Meeting September 11, 2014 2 Another Board member asked to clairify the located of the driveway and how will you get into it. The plans have been revised and now comes in from the front. New plans had been submitted. The Chairwoman asked what would stop the Conservation markers from being covered-over. (They protrude out a couple inches.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 7:49 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 4 to SPECIAL PERMIT in accordance 1, with David Williams voting in opposition, to grant a 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 September 11, 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 1351 Massachusetts Avenue, Map 39, Lot 73 The petitioner submitted the following information with the applications: nature and justification of request, plot plan, photographs and shed plans and specifications. 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, the Historic District Commission and the Zoning Administrator. The Chairman opened the hearing at 7:49 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4.2 of the Zoning Bylaw to allow an increase in a conforming nature of lot (addition of shed on lot). Jerry Frank of Bechtel Frank Erickson Architects presented the petition for the owners of the property, Jweffrey Ellowitz and Cindy Schlessinger. Mr. Frank presented pictures of the old and new shed and presented 3 letters of support from abutters from 1347 Massachusetts Avenue, 1341 Massachusetts Avenue and 1357 Massachusetts Avenue. A Board member asked if there were any trees that will be taken down. (No.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 7:59 pm. On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow increase in the nonconforming nature of the lot (addition of a shed on the lot) subject to the following: BOA Meeting September 11, 2014 4 1. The shed shall be located in substantial conformance with the certified plot plan submitted with the application, but shall not be located closer than 5 ft. to any adjacent lot line. 2. The shed shall be constructed in substantial compliance with the plans submitted with the application. The above listed zoning relief is for property located at 1351 Massachusetts Avenue. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 103 Gleason Road, Map 78, Lot 180 The petitioner submitted the following information with the applications: nature and justification of request, plot plan, photographs and shed plans and specifications. 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. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4.2 of the Zoning Bylaw to allow an increase in a conforming nature of lot (addition of shed on lot). The Chairman opened the hearing at 8:00 pm by reading the legal notices and described information received from the petitioner. Vivek Pawar, owner of the property, presented the petition. There were no questions from the Board or from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:02 pm. On a motion by Jeanne K. Krieger and seconded by Edward. D. McCarthy, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow increase in the nonconforming nature of the lot (addition of a shed on the lot) subject to the following: 1. The shed shall be located in substantial conformance with the certified plot plan submitted with the application, but shall not be located closer than 5 ft. to any adjacent lot line. 2. The shed shall be constructed in substantial compliance with the plans submitted with the application. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 7 Fair Oaks Terrace, Map 33, Lot 211 The petitioner submitted the following information with the applications: nature and justification of request; topographic plan, plot plan; floor plans; photographs and a new plot plan with shed moving inside setbacks. 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. The Chairman opened the hearing at 8:03 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT in accordance with 135-8.4.2 and 135- 9.4.2 of the Zoning Bylaw to allow mmodification of a nonconforming structure (expansion). Architect Bridgette Steins, of Steins Architecture, presented the petition for the home owners, Philip Lang and Natalie Salem. Ms. Stein explained since the submittal of the application the home owners have decided to move the nonconforming shed to within the required setbacks. They submitted a new plot plan with the shed location added. Ms. Stein explained how the run-off and drainage is slopping from the driveway to the wooded area. The Chairwoman asked how large is the structure to be totally with the addition (1,426 sq. ft.) and if any trees would be removed. (Yes, 2 trees.) A Board member asked for clarification as to where the shed will be placed. Two of the Board members had questions and concerns regarding the drainage and run off issues and the impact of the runoff on the road. Ms. Steins and the homeowner spoke to the concerns of the runoff and drainage. There were no questions from the audience. BOA Meeting September 11, 2014 7 No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:25 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow modification of a nonconforming structure (expansion), subject to the following: 1. The structure shall be constructed in substantial conformance with the plans submitted with the application. 2. The structure shall be located in substantial conformance with the plot plan entitled, “Proposed Plot Plan, 7 Fair Oaks Terrace,” prepared by Rober Survey, dated 7/1/14 received in the Board of Appeals Office on September 10, 2014 and submitted with the application. 3. The shed shall be moved from its current location to the location shown on the plan entitled, “Proposed Plot Plan, 7 Fair Oaks Terrace,” prepared by Rober Survey, dated 7/1/14 and received in the Board of Appeals Office on September 10, 2014 and submitted with the application. 4. There shall be no certificate of occupancy issued until the shed is moved to be within the required setbacks. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 847 Massachusetts Avenue, Map 22, Lot 38 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; elevations; photographs and findings of fact. 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 Historic Districts Commission and the Zoning Administrator. The Chairman opened the hearing at 8:30 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT in accordance section 135-8.4.2 and 135-9.4.2 to allow modification of a non conforming structure (addition) and sections 135-5.1.14 and 135-9.4.2 to modify parking and landing requirements (location of driveway). Architect Colin Smith, presented the petition for the home owner, John Abbott. Mr. Smith explained the applicant seeks to remove a portion of the existing structure and construct a two and a half story addition to the back of the house. The structure is nonconforming with respect to the front yard setback requirement – 15 ft. instead of the required 30 ft. The lot is also nonconforming with respect to the area and frontage requirements. The applicant also intends to extend and expand the existing driveway. The proposed driveway expansion will be located 0 ft. from the lot line rather than the required 5 ft. A Board member asked if any of the trees on either side of the addition were to be removed. Mr. Smith replied they are currently reviewing them and will be meeting with the tree warden within the next week. Another Board member asked where the second door for the 2-family dwelling was. The one front door is used for both entrances. He also asked to clarify where the driveway was and asked how much higher the addition would be. (Approximately 2 ft. high than the existing structure, well below the Zoning requirements. BOA Meeting September 11, 2014 9 The Zoning Administrator asked how they will landscape the back. (Looking to clear a portion of the back for landscaping. Other Board members asked about the run-off and where do they put snow in the winter. (At the rear of the driveway.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:25 pm. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8.4.2 and § 135-9.4, to allow modification of a nonconforming structure (reconstruction and expansion), subject to the following: 1. The structure shall be constructed in substantial conformance with the plans submitted with the application. 2. The structure shall be located in substantial conformance with the plot plan submitted with the application. 3. The structure shall be converted from a one family-dwelling to a two- family dwelling. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-5.1.14 and § 135-9.4, to allow modification of a nonconforming driveway (expansion), subject to the following: The driveway shall be constructed in substantial conformance with the location shown on the plot plan submitted with the application. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 69 Valleyfield Street The petitioner submitted the following information with the applications: nature and justification of request; floor plans; photographs and 5 letters of support from abutters at: 63 Valleyfield Street, 73, Valleyfield Street, 72 Valleyfield Street. 70 Valleyfield Street and 64 Valleyfield 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, Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:42 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a variance in accordance section 135-6.7.6.3 and 135-9.2.2.2 to allow a gross floor area larger than the maximum 1,000 sq. ft. allowed. Chris and Rebecca Winters, owners of the property, presented the petition by explaining they seek to convert a portion of the existing house into an accessory apartment. While the use of an accessory apartment is an allowed use, the proposed accessory apartment is larger than otherwise allowed. A smaller apartment would require undesirable changes to the building. Board members asked the applicant to explain the breakup of the structure; what was the total square footage of the existing structure and if they were adding footage and which apartment they would be living in. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:50 pm. On a motion by Leo P. McSweeney and seconded Jeanne K. Krieger, the Board voted 5-0, to grant a VARIANCE, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-6.7.6.3 and § 135-9.2.2.2, to allow a by-right accessory apartment with 1,274 sq. ft. of living area instead of the require 1,000 sq. ft. subject to the following: The apartment shall be constructed in substantial conformance with the plans submitted with the application. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 413 Waltham Street, Map 32, Lot 14 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; a request fro a waiver allowing them to use the existing plot plan; parking plans; a copy of a ZBA decision dated September 24, 2009 and findings of fact. 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 Health Director and the Zoning Administrator. The Chairman opened the hearing at 8:51 pm by reading the legal notices and described information received from the petitioner. The petitioner requested 2 SPECIAL PERMITS, pursuant to Ch. 135 of the Code of the Town of Lexington (Zoning By-Law), § 135-3.4: Table 1: Permitted Uses and Development Standards, Line J.1.02 (fast-food service) and Line J.1.03 (take-out food service with service hours before 7 AM) and §135-9.4 Joann Perry, presented the petition on behalf of Bruegger’s Bagel Bakery to renew their special permits. A Board member asked if it was necessary to open at 6:00 am on Sunday mornings. Ms. Perry explained they had a lot of early morning sports customers. There were no questions from the audience. Dominic Modoono of 336 Marrett Road spoke to say he had no problem with the 6:00 am opening but did have a concern with the deliveries all hours of the night. A Board member asked for a clarification of the noise bylaws for deliveries and trash pickup. A discussion followed regarding the noise bylaw and a Board member pointed out that the previous decision had a condition, number 5 that stated there will be no late night deliveries. Another Board member asked what time the workers arrive.(Between 4:30 and 5:00.) BOA Meeting September 11, 2014 12 When asked about the deliveries Ms. Perry said she would try to have them come at a better time, one of the Board members reminded her that it was a condition and she needed not to just try, she needed to do it. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:01 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant 2 SPECIAL PERMITS, pursuant to Ch. 135 of the Code of the Town of Lexington (Zoning By-Law), § 135-3.4: Table 1: Permitted Uses and Development Standards, Line J.1.02 (fast-food service) and Line J.1.03 (take-out food service with service hours before 7 AM) and §135-9.4 subject to the following: 1. Permitted hours of operation shall be: 6:00 AM to 5:00 PM – Monday to Sunday 2. No more than 26 seats shall be provided for customers. 3. Rubbish and grease shall be stored in containers with tight-fitting covers in an enclosed area behind the establishment and be emptied as often as necessary to prevent any health code violation.Ground around the containers must be kept clean. 4. A trash receptacle shall be provided in front of the establishment. 5. Any and all types of delivery/pickup at the site shall occur in accordance with the hours listed in the Noise Control Bylaw. 6. This special permit shall be granted for a term of five years and will expire on September 24, 2019 The special permit should be renewed eight weeks before expiration. It is the responsibility of the permit holder to renew the permit. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 13 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 401 Lowell Street, Map 46, Lot 37 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; sign plans; findings of fact and a waiver for the certified plot plan requirement. 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, the Design Advisory Committee and the Zoning Administrator. Comments were received from the Building Commissioner; Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 9:05 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with § 135-5.2.10 and §135-9.4.2 to allow signs neither allowed nor prohibited by the Bylaw. Eumona O’Hara, owner of the business Amadeus Music School, presented the petition. Board members asked if there was any illumination, the hours of operation and what type of business was it. (No illuminations; hours 3:00 pm until 8:00 pm. A music school.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:09 pm. BOA Meeting September 11, 2014 14 Decision On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0, to grant a WAIVER from the Board’s Rules and Regulations requirements for a new land survey. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with § 135-5.2.10 and §135- 9.4.2 to allow signs neither allowed nor prohibited by the Bylaw., subject to the following: The signs shall be built in the following locations and in accordance with the following plans: 3. One wall sign shall be permitted for the business at the site. 4. The sign shall be located in substantial conformance with the plot plan submitted with the application. 5. The sign shall be constructed in substantial conformance with the plans submitted with the application. 6. The sign shall not be internally illuminated. The above listed zoning relief is for property located at 401 Lowell Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 15 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 16 Hayden Avenue, Map 16, Lot 1A The petitioner submitted the following information with the applications: nature and justification of request; site plan: sign plan; photographs and a request for a waiver for the certified plot plan requirements. 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; Design Advisory Committee and the Zoning Administrator. Comments were received from the Building Commissioner, Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 9:10 pm by reading the legal notices and described information received from the petitioner. The petitioner requested a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with § 135-5.2.10 and §135-9.4 to allow signs neither allowed nor prohibited by the Bylaw. Jay Kahn of the Sign Center presented the petition on behalf of the Lahey Outpatient Center. The Board had no questions. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:15 pm. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0, to grant a WAIVER from the Board’s Rules and Regulations requirements for a new land survey. BOA Meeting September 11, 2014 16 On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with § 135-5.2.10 and §135-9.4 to allow signs neither allowed nor prohibited by the Bylaw, subject to the following: 1. One wall sign shall be permitted at the site. 2. The sign shall be located in substantial conformance with the plot plan submitted with the application. 3. The sign shall be constructed in substantial conformance with the plans submitted with the application. 4. The sign shall not be internally illuminated. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 11, 2014 17 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 430 Concord Avenue The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan; elevations; floor plans; DSDUP; regulatory material; executed memorandum of understanding; memorandum of understanding compliance tracking; non-regulatory material; ECG letter in support of PSDUP addressing Planning Board regulations; hydrologic and drainage analysis; soil surveys, test borings; traffic study; analysis impact on environmental/screening, transition narrative/financial analysis and a certified copy of the PSDUP submittal dated June 9, 2014. 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; Design Advisory Committee and the Zoning Administrator. Comments were received from the Building Commissioner, the Conservation Administrator, Engineering, the Planning Director and a Letter from the Planning Board Chairman; Selectmen’s Office, Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 9:16 pm by reading the legal notices and described information received from the petitioner. The petitioner requested the following zoning relief in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington): (a) a Special Permit for certain uses and other site improvements, pursuant to sections 135-7.3.5 and 135-9.4.2 and the Preliminary Site Development and Use Plan approved for the site by an act of Town Meeting on June 16, 2014; (b) approval of the Definitive Site Development and Use Plan as consistent with the Preliminary Site Development and Use Plan, pursuant to sections 135-7.3.5.6 and (c) a Special Permit for a standing sign pursuant to sections 135-5.2.10 and 135-9.4.2 Attorney Edmund Grant presented the petition on behalf of Jay Hicks of Artis Senior Living, LLC. Attending with Attorney Grant was Gary Larson, Landscape Architect; Jay Hicks, Senior Vice President of Artis Senior Living and Michael Novak, Civil Engineer Attorney Grant and Michael Novak explained the development plans to the Board. The Chairwoman asked why 2 signs for the entrance. Mr. Novak answered because of the visibility of the site on Concord Avenue from both directions. BOA Meeting September 11, 2014 18 One of the Board members asked when the proposed sidewalk is completed will the trees blocking the view of the signs be removed; if so, will sign be taken down. (No, the trees effecting the view are on Swommon land.) A Board member asked Attorney Grant to explain the Planning Board’s concern with the Development Standards. Other Board member questioned the involvement of abutters in meetings concerning the Development and if the screening for the direct abutters had been settled. (Mr. Hicks answered they have made improvements to landscaping to address abutters concerns and they are pleased with the changes.) Jim Joyce of 5 Stonewall Road would like to have his name added to the list of people that notified of any neighborhood meetings. Mr. Hicks took his name and address down. There were no questions from the audience. Steven Heinrich of 11 Potter Pond Road, a town meeting member, spoke in support of the project. No one spoke in opposition to the petition. The Chairwoman closed the hearing at 9:50 pm. The Board discussed the waivers and relief they were requesting. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 grant the following zoning relief in accordance with the listed sections of the Bylaw: 1. Approval of the DSDUP (including revisions made to the plan pursuant to 135- 7.3.5.6.d) as confroming substantailly to the PSDUP approved by Town Meeting and consistent with the considerations set forth in Bylaw §§ 135-9.4.2 and § 135- 7.3.5.6.a And, on a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 grant the following zoning relief in accordance with the listed sections of the Bylaw: 2. A SP for certain new uses, and other site improvements, pursuant to § 135- 7.3.5.6, § 135-9.4.2, and the PSDUP approved for the Site by a vote of Town Meeting on June 16, 2014 subject to the following condtions: The above listed zoning relief is subject to the following conditions: a. This project shall comply with the terms and conditions of the executed Memorandum of Understanding between the Town of Lexington and Artis BOA Meeting September 11, 2014 19 Senior Living, LLC, dated June 16, 2014. b. This project shall comply with the special conditions that appear in the DSDUP text. c. Construction of the building and development of the Site shall conform substantially to the plans submitted with the application consisting of the plan set containing 17 sheets, prepared by Meridian and Associates or Hoffman, Architect, dated August 12, 2014 and undated Photometric Site Plan and Details, sheet 5 of 17 d. Approvals granted by this Decision are made only for the scope of work and uses as shown on the plans or in information materials submitted with the application, except as may otherwise be conditioned by this Decision. Any subsequent modifications to the Site, in whole or in part, may require Board action in accordance with the Bylaw. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 grant the following zoning relief in accordance with the listed sections of the Bylaw: 1. A Special Permit for a standing sign, pursuant to § 135-5.2.10 and § 135-9.4.2 subject to the following: a. Construction of the two standing signs shall conform substantially with the location of the signs depicted on the plan entitled, “Site Construction Plan,” prepared by Meridian, dated August 12, 2014. b. The signs shall not be internally illuminated. c. Construction of the signs shall conform substantially to the plans depicted in the sign plans, 4 sheets, 1 sheet by Hoffman, dated August 7, 2014. All other sheets unattributed and undated and as shown on the plan entitled, “Site Details—2 (Sheet 2),” prepared by Meridian Associates, dated August 12, 2014. d. Approvals granted by this Decision are made only for the scope of work and uses as shown on the plans or in information materials submitted with the application, except as may otherwise be conditioned by this Decision. Any subsequent modifications to the Site, in whole or in part, may require Board action in accordance with the Bylaw. BOA Meeting September 11, 2014 20 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 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: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Other Business: 1. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 to accept the minutes of August 14, 2014. Submitted by: Dianne Cornaro, Administrative Clerk