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HomeMy WebLinkAbout2016-02-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 25, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, Martha C. Wood and Associate Member James A. Osten Also present at the hearing was Associate Member Nyles A. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 269-277 Bedford Street, Map 71, Lot 88 The petitioner submitted the following information with the application: Nature and justification; plot plan; site plan, layout, elevations, floor plan, landscape plan, copies of Zoning Board of Appeals decisions and e-mails from Attorney Grant with updating information. Also received was 1) Email in opposition from Frances Gillespie of 47 Gleason Road; Email from Katherine Ackerman of 46 Gleason Road in opposition and a letter in opposition from Matthew, Peter, Martin and Margaret Saradjian of 259 Bedford Street. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, the Design Advisory Committee and the Zoning Administrator. Comments were received from the Design advisory Committee, the Building Commissioner, the Conservation Commission, the Planning Board, Economic Development and the Zoning Administrator. The petitioner is requesting FIVE SPECIAL PERMITS in accordance with section 135- 9.4 and the additional sections of the Zoning By-Law, (CH 135 of the Code of the Town of Lexington), listed below, to allow: 1) A takeout food service, per section 135- 3.0, Table 1: Permitted Uses and Development Standards, Line J.1.03; 2) Modification of the 1985 special permit for a standing sign, per section 135-5.2.4.1; 3) An internally illuminated wall sign, per section 135-5.2.4.1; 4) 0 loading bays instead of the required 1 loading bay, per section 135-5.1.14; and 5) 10 parking spaces instead of the required 17 parking spaces, per section 135-5.1.14. The Chairwoman opened the hearing at 7:34 pm by reading the legal notices and described information received from the petitioner. Attorney Edmund Grant presented the petition. Also presenting with Attorney Grant was the applicant and business owner Carl Erickson, Chris Tymula, engineer of MHF Design; Leo Vercollone, site consultant and Jeff Kwass of Viewpoint Sign. The applicant seeks to discontinue the nonconforming auto repair use and renovate the structure for a convenience store and takeout food use, while maintaining fuel sales, as is. The building footprint would not be increased. Minor aesthetic changes would occur to the building’s exterior. BOA Meeting February 25, 2016 2 A Board member asked how the applicant planned on controlling the trash pickup and would he object to a condition that there would be no trash pickup and large truck deliveries between 6:00 and 9:00 am. (He will control delivery times and he would have no issue with that condition on the special permit.) It was also asked about the donuts being delivered every day at 6:00 am. (They are delivered in a van.) Another Board member had questions regarding the curb cuts and if they would be able to comply with the state requirements. (The curb cuts are existing and will not be changing. They will be working with the state and the Town of Lexington to widen them.) A Board member asked if the applicant has met with the neighborhood. (Mr. Erickson has been in touch with many of the neighbors and has reached out to a few that he has not heard back from. He is trying to be a good neighbor and address as many objections as possible.) The Chairwoman asked about the possible sidewalk extensions and how that would impact his deliveries. (He will need to work with the town on this. The large gas trucks trucks would have a difficult time delivering if the sidewalks were expanded.) A Board member confirmed there would be no deliveries before 6:00 am. (Yes.) Joanne Flannagan of 7 Dee Road was concerned with traffic and asked if there had been a traffic study done. (A traffic study was not required.) (It was explained that traffic studies are required only with large projects, this is a very small project with no increase in square footage.) Ms. Flannagan also asked about lighting (not changing) and if there would be more dumpsters. (No) Jennifer Breen of 68 Gleason asked to clarify the use of the dumpster, how and when are donuts delivered and does the Board have an option to condition a traffic study. (It was explained under the Lexington By-Laws traffic studies are required only with large projects, this is a very small project with no increase in square footage.) Ms. Breen was concerned with the increase in traffic. The Chairwoman asked the applicant how much of an increase did he expect. (The traffic for the gas station is down considerably and the peak time for donut sales will be from 6:00 am to 9:00 AM, gas sales’ peak time is 3:00 pm until 7:00 pm. He thinks there will be only pass by traffic. He commented there are so many Dunkin Donut establishments that people do not need go out of their way to pass one.) Thomas Whelan of 2 Ballard Terrace also spoke of the traffic concerns Dick Friedson of 8 Balfour Street asked if the Board could ask for a traffic study. (The Chairwoman explained the Board did not have jurisdiction to do that because it is not required in the By-Laws. BOA Meeting February 25, 2016 3 Matthew Saradjian of 259 Bedford Street, Judi Friedson of 8 Balfour Street, Caroline Fitzgerald of 55 Gleason Road and Thomas Whelan of 2 Ballard Terrace spoke in opposition to the petition. Carmen Lombardo of 29 Wyman Street, Susan Orr of 17 Gleason Road, an abutter from 289 Bedford Street and Eric Carlson, owner of Lexington Coin spoke in favor of the petition. Phil Snell of 1 Valley Road was not in favor or in opposition to the petition, he did not object to the change in use but had a concern with possible rodents around the dumpsters and the smell of the coffee in the neighborhood. (Dunkin Donuts has a very strict regulation on pest control and they would adhere to that regulation.) A discussion followed regarding the signage illumination and the entrances to the property. A Board member was concerned because there were no lanes for traffic flow. There also was a discussion on conditions. The Chairwoman closed the hearing at 8:53. On a motion by Leo P. McSweeney and seconded by James A. Osten, the Board voted 5-0 to grant FIVE SPECIAL PERMITS in accordance with section 135-9.4 and the additional sections of the Zoning By-Law, (CH 135 of the Code of the Town of Lexington), listed below, to allow: 1) A takeout food service, per section 135-3.0, Table 1: Permitted Uses and Development Standards, Line J.1.03; 2) Modification of the 1985 special permit for a standing sign, per section 135-5.2.4.1; 3) An internally illuminated wall sign, per section 135-5.2.4.1; 4) 0 loading bays instead of the required 1 loading bay, per section 135-5.1.14; and 5) 10 parking spaces instead of the required 17 parking spaces, per section 135-5.1.14 with the following conditions: 1. There shall be no trash pick up or large truck deliveries during the peak times of between 6:00 am through 9:00 am. 2. There shall be no van food deliveries before 6:00 am. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 25, 2016 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 25, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, Martha C. Wood and Associate Member James A. Osten Also present at the hearing was Associate Member Nyles A. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 53 Vaille Avenue, Map 65, Lot 194A The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations; floor plans and photographs. Also received was an Email in support from Fawzi and Nozomi Karachi of 49 Vaille Avenue; a letter from the owners with 3 letters of support from Tom and Kristen Simon of 50 Vaille Ave, Tsung and Kimcha Lim of 52 Vaille Ave and Michael Gertsenhtey and Bella Kharit of 51 Vaille Ave. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Historic District Commission Clerk, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, Conservation Administrator and the Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2, Schedule of Dimensional Controls and 135-9.2.2.2 to allow front yard setback of 25.2 ft. instead of the required 30 ft. front yard setback. The Chairwoman opened the hearing at 8:55 pm by reading the legal notices and described information received from the petitioner. Architect Norman Kherlopian presented the petition for the property Owners, Nancy Maserejian and Steven Chagnon. The applicant seeks to construct an addition and porch with steps onto the front of the existing structure. Mr. Kherlopian presented pictures of the area and spoke of the neighbor’s support of the project. A Board member asked what the existing square footage was and what will it be after the project. (Currently the square footage is 3,502 and it will be 5,000 square feet including the garage.) BOA Meeting February 25, 2016 5 The Chairwoman spoke of the Conservation Commission’s comments and suggested the applicant clarify with the Conservation Commission if there are wetlands in the area. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:10 pm. On a motion by Leo P. McSweeney and seconded by Martha C. Wood the Board voted 5-0 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2, Schedule of Dimensional Controls and 135-9.2.2.2 to allow front yard setback of 25.2 ft. instead of the required 30 ft. front yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 25, 2016 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 25, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Members James A. Osten and Nyles A. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 5 Fuller Road, Map 71, Lot 127 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations and floor plan. Also received was 1) Applicant responses to Zoning Administrator’s questions; 2) letters of support from 3 abutters: Clifford and Madelyn Atwood of 18 Bridle Path, Cynthia Bares of 14 Bridle Path and Gordon and Elizabeth Conrad of 16 Bridle Path and 3) a letter of concern from Eileen Thompson of 7 Pleasant Street. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The petitioner 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 (addition) to a nonconforming structure. The Chairwoman opened the hearing at 9:12 pm by reading the legal notices and described information received from the petitioner. Scott Sutton, owner of the property, presented the petition. The applicant seeks to expand the nonconforming structure vertically with a full story addition. A Board member asked what the existing square footage was and what will it be after the project. (Currently the house is 1300 square feet, it will be 1800 square feet after the project.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting February 25, 2016 7 The Chairwoman closed the hearing at 9:18 pm. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney, 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 (addition) to a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 25, 2016 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 25, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, Martha C. Wood and Associate Member James A. Osten Also present at the hearing was Associate Member Nyles A. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 5 Pleasant Street, Map 22, Lot 60 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations; floor plans and garden shed plans. Also received before the hearing was: 1) Applicant responses to Zoning Administrator’s questions; 2) letters of support from 3 abutters: Clifford and Madelyn Atwood of 18 Bridle Path, Cynthia Bares of 14 Bridle Path and Gordon and Elizabeth Conrad of 16 Bridle Path and 3) a letter of concern from Eileen Thompson of 7 Pleasant Street. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Building Commissioner, Planning Director, Historical Commission Clerk and the Zoning Administrator. The applicant is requesting a VARIANCE AND A SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2; Schedule of Dimensional Controls, 135-9.2.2.2, 135-8.4.2 and 135-8.4 to allow a side yard setback of 12.4 ft. instead of the required 20 ft. and modification (addition) to a nonconforming structure. Jeffrey Millett, owner of the property and a registered architect, presented the petition explaining the proposed modest addition to the home built in 1845. The applicant seeks to 1) Demolish the existing nonconforming front porch and steps and construct a new nonconforming porch and steps within the front yard setback; 2) Construct an addition onto the rear of the existing house where the structure is currently nonconforming; and 3) Construct a 120 sq. ft. shed at the rear of the lot. Board members commented how impressed they were with the proposed addition. There were no questions from the audience. BOA Meeting February 25, 2016 9 David Greenblatt 0f 14 Bridle Path Road spoke in favor of the petition. No one spoke in opposition to the petition. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:34 pm. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a VARIANCE AND SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.4, Table 2; Schedule of Dimensional Controls, 135-9.2.2.2, 135-8.4.2 and 135-8.4 to allow a side yard setback of 12.4 ft. instead of the required 20 ft. and modification (addition) to a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 25, 2016 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 25, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, Martha C. Wood and Associate Member James A. Osten Also present at the hearing was Associate Member Nyles A. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 47 Liberty Avenue, Map 71, Lot 323 The petitioner submitted the following information with the application: Nature and justification; topographic plan; plot plan; elevations, plans and photographs. Prior to the meeting, 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, Historical Commission and the Zoning Administrator. Comments were received from the Health Director and the Zoning Administrator. The Chairwoman opened the hearing at 9:35 pm by reading the legal notices and described information received from the petitioner. Architect Carl Oldenburg and the owner of the property, Janice Brown, presented the petition. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 in accordance with section 135-9.4 to allow reconstruction of a non conforming structure. The petitioner is seeking to demolish the existing structure and reconstruct a new larger 3,901 square foot living area, 2.5 story structure on the lot. The proposed structure would maintain the existing nonconforming front and rear yard setback nonconformities and be constructed 18.75 ft. from the front lot line and 8.6 ft. from the rear lot line. A Board member asked if they would be removing the tree close to the structure. (Yes there are 2 trees on the property in bad shape and will be removed.) He also asked if they were prepared to be in compliance with the new ratio guide. (They have prepared a slightly different basement if needed to be in compliance.) The Chairwoman asked if he planned on plowing the path in the winter. (Yes, for the safety of the cars trying to pass on Ellis Street.) BOA Meeting February 25, 2016 11 There were no questions from the audience. Guy Shater of 53 Liberty Avenue spoke in favor of the petition. No one spoke in opposition to the petition. The Chairwoman closed the hearing at 9:47 pm. On a motion by Leo P. McSweeney and seconded by James A. Osten, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 in accordance with section 135-9.4 to allow reconstructionof a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 25, 2016 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 25, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, Martha C. Wood and Associate Member James A. Osten Also present at the hearing was Associate Member Nyles A. Barnert Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney the Board voted 4-1 Martha C. Wood abstained, to accept the meeting minutes of February 11, 2016. Submitted by: Dianne Cornaro, Administrative Clerk