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HomeMy WebLinkAbout2016-06-09-ZBA-min BOA Meeting June 9, 2016 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 172-174 Bedford Street The petitioner submitted the following information with the application: Nature and Justification, 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 Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator. SPECIAL PERMIT The petitioner is requesting in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-5.2.4.1 to allow two (2) internally illuminated wall signs. The Chairwoman opened the hearing at 7:32 pm by reading the legal notice and described information received from the petitioner. Mr. Edmund Grant, Attorney for the applicant, presented the petition. Also present was the applicant, Glenn Nazarian, owner of The Fitter Female and Sam Mata, representative of Fast Signs in Waltham, MA. They are requesting an internally illuminated sign on the front of the building at 172-174 Bedford Street. Their proposal for the front wall sign is permitted as of right but an internally illuminated sign requires a special permit. After the Design Advisory Committee (“DAC”) meeting on June 8, they withdrew their request for an internally illuminated side wall sign. The side wall sign is now as of right and no Special Permit is required for that sign. The also reduced the length of the side wall sign from 72 to 48 inches or 6 to 4 ft. The side wall sign also doesn’t exceed 50% of the length of the front wall sign. The front wall sign was also reduced from 17 to 16ft. The 4ft sidewall length is 25% of the 16ft front wall sign length, which complies with the 25% requirement of ZBL 5.2.8.1.6. There are currently two existing internally illuminated box signs at the Alexander’s Pizza and the Fashion Flair Salon next door to The Fitter Female. They submitted the updated letter today in response to the DAC comments. A Board Member, Ms. Martha C. Wood, asked Mr. Grant to explain why they prefer an internally illuminated sign to externally (Mr. Mata of Fast Signs responded that the sign is designed as push through letters. The box doesn’t light up, the letters light up. It helps the look of the business and allows the sign to be easily visible to customers). Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 2 A Board Member, Mr. David G. Williams, asks what justifies the length of the sign as it seems long (Mr. Grant responded that there was an existing sign there that was the same length for the previous tenant, Lexington Video). Mr. Williams reminded the Board that they denied a similar request for a sign across the street a few years ago. The signs for the tenants next to the applicant’s address pre-date the by-laws. A Board Member, Mr. William P. Kennedy, asks for clarification on how many signs there are currently for the other tenants on that block (there are 2 internally illuminated signs at Alexander’s Pizza and the hair salon). Mr. Grant stated that they the property that was denied a Special Permit had put up a sign without permission and were denied later on. The Board allowed an internally lit sign at the Mobil station down the road a few months ago. There is a Dunkin Donut sign that is internally lit). The Chairwoman, Ms. Jeanne K. Krieger, asked what hours the sign would be lit (Mr. Granted answered it wouldn’t be outside 11-6 which is what the bylaw states but they wouldn’t have it lit outside the hours of operation). The Chairwoman, Ms. Jeanne K. Krieger, asked if they would accept the condition that it only be illuminated during business hours (Yes). A Board Member, Mr. James A. Osten, referenced other fitness signs in the downtown area and asked how this sign compares to the other fitness signs. (Mr. Grant stated he hasn’t noticed the others). A Board Member, Mr. David G. Williams, referenced the sign for Curves. (Mr. Grant stated that property is in the Historic District and has different regulations). A Board Member, Mr. F. David Wells, asked the Zoning Administrator, Mr. David George why there is an internally lit sign needs a Special Permit and why the Design Advisory Committee has an issue. (Mr. George stated that he was not at the meeting with the DAC and can only speak for their recommendation for the sign not to be internally illuminated). Mr. Grant stated that he has accommodated the DAC with withdrawing their application for one of the signs. At the DAC meeting, they were concerned about the presence of the second sign. The Chairwoman, Ms. Jeanne K. Krieger, mentioned that Alexander’s Pizza has an internally illuminated sign and asked what the size is (Mr. Mata of Fast Signs stated that he doesn’t have the specifications for that sign but it’s at least 12-14ft wide). The Zoning Administrator, Mr. David George, stated that the Bedford Street gas station had an existing sign and the Special Permit was for a modification to the existing sign. A Board Member, Mr. F. David Wells, asked if the signs for Alexander’s Pizza and the Hair Salon had Special Permits since they were internally illuminated. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 3 A Board Member, Mr. David G. Williams, says that Alexander’s has been there at least forty (40) years. A Board Member, Ms. Martha C. Wood, stated that the Hair Salon has been there for about thirty (30) years. There were no comments from the audience. There were no further comments from the Board. The Chairwoman closed the hearing at 7:47 pm. On a motion by Martha C. Wood and seconded by F. David Wells, the Board voted 3-2 to APPROVE the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-5.2.4.1 to allow two (2) internally illuminated wall signs. A 4-1 vote was needed to pass, the motion was denied. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 48 Bellflower Street This was a continuation from the April 28, 2016 hearing. Applicant submitted a Request for Postponement, dated April 5, 2016 and a letter to the Board Members describing the reason for the request, dated April 5, 2016. Additional comments were received from the Zoning Administrator. On a motion by F. David Wells and seconded by James A. Osten, the Board voted 5-0 Request for Postponement to grant the for a VARIANCE AND SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.1, 135-9.2.2.2, 135-8.4.2 and 135-9.4 to allow a side yard setback of 2.3ft instead of the required 7.5ft and modification to a non-conforming structure. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 401 Lowell Street The petitioner submitted the following information with the application: Nature and Justification and Photographs. Other information received was a previous decision filed by the Zoning Board of Appeals, dated August 8, 2013 and a Parking Spaces Map. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Selectmen’s Office, Economic Development Office, and the Zoning Administrator. SPECIAL PERMIT RENEWAL The petitioner is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.0 and 135-9.4, Table 1: Permitted Uses and Development Standards Line L.1.01 to allow motor vehicle sales. The Chairwoman opened the hearing at 7:53 pm by reading the legal notice and described information received from the petitioner. The applicant, Mr. Scott Mabuchi, presented the petition to renew the Special Permit for motor vehicle sales. He has followed all the regulations of the Special Permit except he recently had a delivery of a third vehicle to his location, putting him over the two (2) vehicle limit. This vehicle is now gone. A Board Member, Ms. Martha C. Wood, asked when it left (Today around 5:30pm). The Chairwoman, Ms. Jeanne K. Krieger, asked Mr. Mabuchi what the duration of the lease is (It’s open ended). Ms. Krieger suggested implementing a 2-3 year time limit on the Special Permit. A Board Member, Ms. Martha C. Wood, stated that she would agree to implement a two (2) year time limit on the Special Permit. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 6 An audience member, Mr. Yang of 3 Peartree Drive, asked how much traffic he generates (He sells special order vehicles so he only has one (1) or two (2) people visit the establishment in a week). An audience member, Mr. Lingsong Wu of 12 Appletree Lane, stated that they are shocked there is a car sale business at that location and the neighbors would like to know what value the business brings to the neighborhood. Mr. Mabuchi stated that he is very well known in the Lexington area as “Scott the Car Guy”. He primarily serves the Lexington. The audience member, Mr. Wu, asked the applicant if he lives in Lexington (Yes. His address is 27 Carvel Ave.) Mr. Wu asked the Board what the plan will be for the future regulations will be for the business (Ms. Krieger stated that the Special Permit will still be for two (2) parking spots and the applicant will have to renew the permit in two (2) years). There were no additional comments from the Board. There were no additional comments from the audience. The Chairwoman closed the hearing at 8:01 pm. On a motion by David G. Williams and seconded by Martha C. Wood, the Board voted SPECIAL PERMIT RENEWAL 5-0 to APPROVE the in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.0 and 135-9.4, Table 1: Permitted Uses and Development Standards Line L.1.01 to allow motor vehicle sales. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 10 Tufts Road Applicant submitted a Request to Withdraw without Prejudice, dated June 9, 2016. On a motion by F. David Wells and seconded by James A. Osten, the Board voted 5-0 Request for Withdrawal SPECIAL PERMIT to grant the for a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) Article 41, subsection 135- 4.4.2 adopted by Town Meeting on March 30, 2016 and section 135-9.4 for a building to exceed the maximum gross floor area requirement of 7,459 sq. ft. through a gross floor area increase of 1,810 sq. ft. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 915 Waltham Street The petitioner submitted the following information with the application: Nature and Justification and a Signage Plan. Also submitted was a copy of the Zoning Board of Appeals Decision, dated September 26, 2002. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Building Commissioner and Zoning Administrator. The petitioner is requesting a 1) A SPECIAL PERMIT AND 2) MODIFICATION OF EXISTING SPECIAL PERMIT, DATED SEPTEMBER 26, 2002 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.4-1 to allow modifications to canopy and standing sign, including internal illumination of both signs. The Chairwoman opened the hearing at 8:03 pm by reading the legal notice and described information received from the petitioner. The applicant, Mr. Steven Pedro with Ayoub Engineering, presented the petition. He would like to upgrade the existing signage to conform to the new Shell standards by having the Shell logo on the sign. They are also proposing to change the price signage to have LED lighting and paint the signs white instead of grey. In addition, they would like to internally illuminate the Dunkin Donuts and Grocer Panel logos on the sign. In reference to the new permit request, they would like to have internal illumination of the red band on the canopy. The Chairwoman, Ms. Jeanne K. Krieger, asked if he is familiar with the comments from the Design Advisory Committee (he has not read them but he was at the hearing). The Chairwoman, Ms. Jeanne K. Krieger, read the comments from the Design Advisory Committee, dated June 9, 2016, to the applicant. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 9 Mr. Pedro stated that Cumberland Farms has the same layout on their signage with the regular price larger than the diesel price. The Chairwoman, Ms. Jeanne K. Krieger, stated that she is inclined to follow the recommendations of the Design Advisory Committee. A Board Member, Ms. Martha C. Wood, stated she agrees with the Chairwoman. Mr. Pedro stated that the Board originally agreed to the internal illumination of the signage in the decision dated September 26, 2002. They need to internally illuminate the signs because external illumination would create too much glare. A Board Member, Mr. David G. Williams, stated that the size of the price sign they are proposing is too large. The Board needs to listen to the advice of the Design Advisory Committee. Mr. Williams asked if the prices on the gas pumps are going to be changed (no). A Board Member, Mr. James A. Osten, stated that there is substantial state and federal regulations of the gas service stations and asked the applicant what the regulations are (there is no state or federal requirements for a free standing signs but there is for the prices on the pumps – they have to be at least 6 inches high. Shell tries to identify their signs as similar to Cumberland Farms and Mobil so no one is stopping in front of the gas station to view the price signs). Mr. Pedro stated that Cumberland Farms has the same dimensions of the price that they are proposing. The advice of the DAC is arbitrary. A Board Member, Mr. F. David Wells, stated that the Board has approved signs similar to this in the past. There are issues with seeing the price at night if it’s not illuminated. He doesn’t understand why there is opposition. A Board Member, Ms. Martha C. Wood, stated that she understands why the price size needs to be larger. In regards to the panel that says the Dunkin Donuts and Stop and Shop, she doesn’t think those are necessary. On other special permit approvals for similar requests, they didn’t allow for everything to be illuminated. Mr. Pedro stated that the Mobil station has four (4) price panels with illuminated signs. The Chairwoman, Ms. Jeanne K. Krieger, stated that her concern is about the illumination of the canopy. She understands having the price prominent on the free standing sign. Mr. Pedro stated that the new special permit request is for the internally illuminated red band on the sign. The modification of the special permit is for the modification of the previously approved signage on the canopy and free-standing sign. The Zoning Administrator, Mr. David George, asked the applicant if he had a chance to respond to staff comments. He had requested in the comments that the signs on Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 10 the lights be removed because they do not have a Special Permit for that (those will be removed). The Chairwoman, Ms. Jeanne K. Krieger, stated that they will go down the list of the DAC recommendations and vote on each item. A Board Member, Ms. Martha C. Wood, agreed with illuminating the logo but not the red bar. A Board Member, Ms. Jeanne K. Krieger, stated that she does not have an issue with the price size. A Board Member, Mr. David G. Williams, stated that he opposes the size of the gas price symbol. A Board Member, Mr. James A. Osten, stated that there are no dimensions on the drawing for the dimensions of the sign (Mr. Pedro stated that he doesn’t know the exact measurement but he can approximate 2 ft. wide by 5 ft. high for the LED panel. The diesel price sign is approximately 12-14 “ high by 3 ft wide). A Board Member, Mr. David G. Williams, stated that the current size is fine but the proposed size is too big. Mr. Pedro stated that the size of the price may look large but it has been determined by evaluating how it would look driving by. The Chairwoman, Ms. Jeanne K. Krieger, stated that the sign is near an intersection and people have the opportunity to stop for a long time to view the prices. The Zoning Administrator, Mr. David George, asked the applicant what the height of the sign in from grade to the top (18 ft.). Mr. George asked the applicant what the distance is from the grade to the bottom (about 4’2”). Mr. George stated that under the original approval, there was a specific condition that it be 5’6” so that would need to be modified accordingly, if the Board agrees. A Board Member, Mr. F. David Wells, stated that internally lit signs are better for neighborhoods because there is less glare. The internal lighting would be much less intrusive. Mr. Wells recommends approval of the Special Permit. The Chairwoman, Ms. Jeanne K. Krieger, stated she is ambivalent about the Dunkin Donuts and Stop and Shop signs. She believes the pricing signs are too large and that numerals that are 3’ wide are sufficient. There was discussion on what parts of the sign will be internally illuminated. There were no additional questions from the Board. There were no comments from the audience. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 11 The Chairwoman closed the hearing at 8:36 pm. On a motion by Martha C. Wood and seconded by F. David Wells, the Board voted 1-4 (Jeanne K. Krieger, Martha C. Wood, David G. Williams, and James A. Osten voted in opposition) to APPROVE the new SPECIAL PERMIT which would be to allow the internally illuminated red band on the sign in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.4-1 to allow internal illumination of the red band on the sign. On a motion by Martha C. Wood and seconded by James A. Osten, The Board voted 5-0 to ALLOW the MODIFICATION OF THE EXISTING SPECIAL PERMIT, DATED SEPTEMBER 26, 2002 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-5.2.4-1 for the modifications to the canopy and standing sign, including internal illumination of both signs with the following conditions: the Shell Letters will be replaced by the Shell Logo; the free-standing sign will have the new internally illuminated Shell Sign Panel; the “Regular” Red Price Panel is to be no larger than the “Diesel” Green Price Panel (approximately 36” by 12”); the Dunkin’ Donuts Sign Panel is not to be internally illuminated; the new grocer panel is not to be internally illuminated; the height of the sign from bottom to grade to not be less than 4’2”; and there the signs shall not be illuminated beyond the hours of operation of the business. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1. On a motion by David G. Williams and seconded by F. David Wells the Board voted 5-0, to grant the extension of the public hearing deadline and extension of constructive grant deadline for the petition of Christopher Neurath on 11 Byron Avenue. Submitted by: Jennifer Gingras, Administrative Clerk BOA Meeting June 9, 2016 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 9, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Martha C. Wood, David G. Williams and Associate Members F. David Wells and James A. Osten Also present at the hearing was Alternate William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Other Business: 1. On a motion by David G. Williams and seconded by Martha C. Wood the Board voted 5-0, to accept the meeting minutes of May 26, 2016. Submitted by: Jennifer Gingras, Administrative Clerk