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HomeMy WebLinkAbout2009-05-14- ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, and Associate Members David Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk; David George, Zoning Administrator, and Garry Rhodes, Building Commissioner Property Address: 4 Spencer Street, Map 22 Lot 6 The Chairman began the hearing by reading a letter from the petitioners, Matthew and Rita Cameron, requesting permission to withdraw without prejudice their petition for a variance to relocate their bulkhead. On a motion made and duly seconded the Board voted unanimously to approve the withdrawal without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk, Revised by David L. George, Zoning Administrator May 14, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, and Associate Members David Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk, Zoning Administrator David George, and Garry Rhodes, Building Commissioner Petition Address: 927 -945 Waltham Street, Map 10, Lot 16 -17 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing by reading the legal notices and described information received from the petitioner relative to the petition. Nicholas Cannalonga, owner of the property and business, presented the petition. The petitioner seeks to renew a special permit to continue to operate a nursery and farm stand at 927 -945 Waltham Street. The Board questioned the parking area in front of the seasonal pile of mulch and loam. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 7:41 pm. On a motion by Arthur C. Smith and seconded by Judith J. Uhrig, the Board voted 5 -0 to renew the special permit granted to The Wagon Wheel Nursery in accordance with Table 1, Lines 3.13 & 3.14 of the Zoning Bylaw to continue to operate a nursery and farm stand at 927 -945 Waltham Street with the following conditions: 1. Premises shall be operated during daylight hours only, or no later than 8:00 PM, whichever is later, during the growing season of April through October, and 6:00 PM the rest of the year, except during December when Christmas trees, wreaths, etc., are being sold, then 8:00 PM will be permitted. May 14, 2009 ZBA Minutes 3 2. The sign shall continue to be located as is at present. 3. Off - street parking shall be provided so that cars shall not be parked on Waltham Street. 4. Premises shall be kept in a neat and orderly condition at all times. 5. Any changes to structures or any new structures will require permits. 6. This special permit is granted for two years and will expire on May 31, 2011. Submitted by: Dianne Cornaro, Administrative Clerk, Revised by David L. George, Zoning Administrator May 14, 2009 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk; David George, Zoning Administrator, and Garry Rhodes, Building Commissioner Petition Address: 1749 Massachusetts Avenue, Map 48, Lot 99 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:42 pm by reading the legal notices and described information received from the petitioner relative to the petition. Janice Zorinski, representing Peet's Coffee, presented the petition. The petitioner seeks to renew a special permit to continue to operate a take -out, fast food service serving tea, coffee, related beverages and baked goods. The Board questioned why this special permit had not been renewed in a timely manner. The applicant explained it was a lack of communication between many new store managers. The Board had a concern with the lack of communications and wanted to know what procedures will take place to ensure that the special permit will be renewed when it expires. Ms. Zorinsky responded that she has made up a yearly checklist of items that need to be done that will be left to new managers if needed. The Board also discussed the hours of the business. They are now opening the store a half hour earlier than the special permit was previously approved for. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 7:48 pm. May 14, 2009 ZBA Minutes 5 On a motion by Arthur C, Smith and seconded by Carolyn Wilson, the Board voted 5 -0 to approve the renewal of the special permit for a term of three years with the following conditions: 1. Permitted hours of operation shall be 6:00 AM to 10:00 PM, Monday through Friday and 6:30 AM to 9:00 PM on Saturdays and Sundays. 2. No more than eighteen (18) seats shall be provided for customers. 3. Trash will be picked up daily, no earlier than 7 AM, from the dumpster behind the building. The dumpster will be cleaned and maintained to meet Board of Health standards. 4. One handicap - accessible toilet will be provided for patrons on the street -level floor. 5. Trash receptacles will be provided and the exterior will be kept free of litter from the Peet's Coffee & Tea operation. 6. This special permit is granted for three years and will expire on May 31, 2012 Submitted by: Dianne Cornaro, Administrative Clerk, Revised by David L. George, Zoning Administrator May 14, 2009 ZBA Minutes 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk; David George, Zoning Administrator, and Garry Rhodes, Building Commissioner Petition Address: 364 Waltham Street, Map 32, Lot 29 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:51 pm by reading the legal notices and described information received from the petitioner relative to the petition. Katya Rosenzweig presented the petition for the owner of the property Elena Fitzsimmons. The petitioner seeks 1) a variance from section 135 -19 (C) (1) to allow a by -right accessory apartment to be located on a lot with 7287 sq. ft. instead of the required 10,000 sq. ft. and 2) a variance from section 135 -19 (C) (3) to allow a by -right accessory apartment with an area of 1065 sq. ft. instead of the maximum required 1000 sq. ft. The Board. Asked if she is currently renting out the existing apartment. She has given her renter a notice that she needs to move. The Board also asked if both units in the house have 2 exits, which they do. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 7:58 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5 -0 to approve the following: 1) a variance from section 135 -19 (C) (1) to allow a by -right accessory apartment to be located on a lot with 7287 sq. ft. instead of the required 10,000 sq. ft. and 2) a variance from section 135 -19 (C) (3) to allow a by -right accessory apartment with an area of 1065 sq. ft. instead of the maximum required 1000 sq. ft. at 364 Waltham Street Submitted by: Dianne Cornaro, Administrative Clerk, Revised by David L. George, Zoning Administrator May 14, 2009 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk; David George, Zoning Administrator, and Garry Rhodes, Building Commissioner Petition Address: 20 Fletcher Avenue, Map 48, Lot 177 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Health Department, the Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:59 pm by reading the legal notices and described information received from the petitioner relative to the petition. A petition in support signed by 27 Lexington residents was received with the application. Joshua Cutis, owner of the property, presented the petition. The petitioner seeks a special permit to allow an accessory structure accessory apartment and a variance to allow an accessory structure apartment on a lot with 14,125 sq. ft. instead of the required 18,000 sq. ft. The Board asked if the exterior of the house would change in looks. The garage door will be removed and changed into two windows. The petitioner also clarified the floor plan for the Board. A Board member asked if there was another exit in the back of the building and asked about steps on the building. There was a concern about a vehicle that was parked on the grass. The petitioner said it was a visiting aunt. The Board member reminded the petitioner that parking on grass areas is not allowed in Lexington. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 8:10 pm. May 14, 2009 ZBA Minutes 8 On a motion by Martha C. Wood and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit under section 135 -19 (E) to allow an accessory structure accessory apartment and a variance under section 135 -35 (E) (1) to allow an accessory structure apartment on a lot with 14,125 sq. ft. instead of the required 18,000 sq. ft. Submitted by: Dianne Cornaro, Administrative Clerk Revised by David L. George, Zoning Administrator May 14, 2009 ZBA Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk; David George, Zoning Administrator, and Garry Rhodes, Building Commissioner Petition Address: 156 Woburn Street, Map 47, Lot 79 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 8:12 pm by reading the legal notices and described information received from the petitioner relative to the petition. Ken Felton, owner of the property, presented the petition. The petitioner seeks a variance from section 135 -39 (B) to allow a retaining wall greater than 10 feet to be located within the 10 -foot side -yard setback. The Board asked the petitioner to clarify how the wall was going to be graded and about the plantings that they were planning. Board members asked the petitioner to explain the garage and how they were handling the storm water drainage. The petitioner explained they planned a system to capture and maintain water runoff on site. He assured the Board that there would be no discharge on to Woburn Street. There were no questions from the audience. Louis Salven of 160 Woburn Street told the Board he had originally been opposed to the wall but after meeting with the petitioner and coming to an agreement with him for plantings he has no objection to the plans. No one spoke in opposition of this petition. The hearing was closed at 8:28 pm. May 14, 2009 ZBA Minutes 10 On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve the variance from section 135 -39 (B) to allow a retaining wall greater than 10 feet to be located within the 10 -foot side -yard setback as per the plans submitted and with the condition that he will plant greenery as per agreement with neighbor. Submitted by: Dianne Cornaro, Administrative Clerk, Revised by David L. George, Zoning Administrator May 14, 2009 ZBA Minutes 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 14, 2009 Board Members Present: Chairman John J. McWeeney, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk; David George, Zoning Administrator, and Garry Rhodes, Building Commissioner Petition Address: 536 -540 Lowell Street, Map 61, Lots 69A and 69B Prior to the meeting, the Board received materials from the petitioner in support of their appeal. The Chairman duly called the meeting to order and stated the petitioner's purpose before the Board. The petitioner sought determination from the Board whether certain changes to the details of a project approved by the ZBA under M.G.L. Chapter 40B- Comprehensive Permit are substantial or insubstantial. Rita M. Schwantes, attorney for the project proponents, presented its appeal to the Board and described certain changes to the plan. The architect for the project, Grazado Velleco, provided additional information on the plan changes. The Board asked several questions about the changes and received additional information regarding the changes. The petitioner provided additional information on various site elements. The ZBA solicited and received both written and verbal questions from abutters and neighbors of the project. Several audience members spoke in opposition of the appeal. The meeting was duly closed. On a motion made by Arthur C. Smith and seconded by Martha C. Wood, the Board voted 5 -0 to approve as insubstantial the petitioners' proposed changes to details of the Project approved by the ZBA under M.G.L. Chapter 40B- Comprehensive Permit. Submitted by: David L. George, Zoning Administrator