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HomeMy WebLinkAbout2009-09-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 12 Reed Street, Map 64, Lot 59 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator, Building Commissioner, and Conservation Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Sebastiano Blandino presented the petition. Mr. Blandino stated the existing porch was deteriorating. The porch needed to be replaced. The proposed porch would have the same dimensions as the existing porch. The existing porch is nonconforming with respect to the front -yard setback. The demolition and reconstruction of the nonconforming porch is allowed under CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -32C in conjunction with section 13 5 -11. The Board had no questions of the applicant. Ohm Songtachalert spoke in favor of the petition. No one spoke in opposition to the petition. The hearing was closed at 7:39 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0, to grant the special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -32C in conjunction with section 135 -11 at 12 Reed Street. Submitted by: David L. George, Zoning Administrator BOA Meeting, September 24, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 413 Waltham Street, Map 32, Lot 14 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator and the Selectmen's Office. The Chairman opened the hearing at 7:40 pm by reading the legal notice and described information received from the petitioner relative to the petition. Rose Loesher presented the petition on behalf of Bruegger's Bagel Bakery. Ms. Loesher stated that she was before the board to renew a previously granted special permit. The special permit was granted from CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted Uses and Developmental Standards, Line 9.12 and section 135 -11 to allow a fast -food or takeout food service. The board asked Ms. Loesher why the special permit was not renewed earlier. She apologized for not renewing and indicated she was not aware that the permit had lapsed. The board asked Ms. Loesher if she sought to renew with the same conditions and she replied that she did, except for a change to the hours of operation changed to 6 am to 5 pm instead of the previously allowed 7 am to 9 pm. Joe Collella stated that the change in hours was customer driven. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:44 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0, to grant the special permit in accordance with in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted uses and Developmental Standards, Line 9.12 in conjunction with section 135 -11 at 413 Waltham Street, subject to the following conditions: 1. Permitted hours of operation will be: 6:00 AM to 5:00 PM — Monday to Sunday 2. No more than 26 seats will be provided for customers. BOA Meeting, September 24, 2009 3 3. Rubbish and grease must 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 will be provided in front of the establishment. 5. There will be no late -night deliveries. 6. This special permit is renewed for five years and will expire on September 24, 2014. Submitted by: David L. George, Zoning Administrator BOA Meeting, September 24, 2009 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 10 Muzzey Street, Map 49, Lot 39 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator, Selectmen's Office, and the Historic Districts Commission. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Kyung Chai presented the petition on behalf of Dabin Restaurant. Ms. Chai stated that she was before the board to renew a previously granted special permit. The special permit was granted from CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted Uses and Developmental Standards, Line 9.11 and section 135 -11 to allow a restaurant. Ms. Chai indicated that special permit was not renewed on a timely basis, which was an oversight on her part. The special permit lapsed in 2003. Ms. Chai stated she sought to renew the special permit subject to the same conditions as previously granted. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:48 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0, to grant the special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted Uses and Developmental Standards, Line 9.11 in conjunction with section 135 -11 at 10 Muzzey Street subject to the following conditions: 1. Permitted hours of operation are: 11:00 AM to 11:00 PM, seven days a week. 2. No more than 115 seats will be provided for customers. Any seats on the patio will be removed from inside the restaurant. BOA Meeting, September 24, 2009 5 3. The restaurant is in an historic district. All signs and /or exterior changes will require Historic Districts Commission approval. 4. The dumpster will be locked and emptied as needed to meet Board of Health standards. 5. A proper filter system will be installed and filters will be changed regularly or as necessary in order to eliminate cooking odors. 6. This special permit is granted for five years and will expire on September 24, 2014 Submitted by: David L. George, Zoning Administrator BOA Meeting, September 24, 2009 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 397 Lowell Street, Map 46, Lot 37 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator and the Selectmen's Office. The Chairman opened the hearing at 7:50 pm by reading the legal notice and described information received from the petitioner relative to the petition. Pantipa Songtachalert presented the petition on behalf of Rice Cube Thai Kitchen. Ms. Songtachalert indicated that she was before the board to renew a previously granted special permit. The special permit was granted in 2008. The special permit was granted from CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted Uses and Developmental Standards, Line 9.12 and section 135 -11 to allow a fast -food or takeout food service. The special permit was being renewed on a timely basis. Ms. Songtachalert stated that she wanted to expand the hours of operation and open at 7 am instead of 11 am, as previously allowed. The board had no issue with allowing an earlier opening time. Ms. Songtachalert withdrew her request to allow food to be consumed on the premises. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:53 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0, to grant the special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted uses and Developmental Standards, Line 9.12 in conjunction with section 135 -11 at 397 Lowell Street subject to the following conditions: BOA Meeting, September 24, 2009 7 1. Permitted hours of operation are 7:00 AM to 10:00 PM, seven days a week. 2. Signage shall be placed within the storefronts (Lowell St. side) or otherwise placed on the building (Lowell St. side) directing patrons to use the parking to the rear of the building. 3. The parking lot shall be striped according to the parking plan submitted with the application. 4. A space at the front of the building (Lowell St. side) shall be designated as an American with Disabilities Act (ADA) compliant parking space. The space shall be marked reserved for ADA citizens. 5. Proper ventilation equipment will be maintained to eliminate cooking odors. 6. There will be no consumption of food on the premises other than by employees. 7. There will be frequent disposal of trash from a locked dumpster, in accordance with the Town's specifications and regulations. 8. The applicant shall meet all applicable Health regulations. 9. This special permit is granted for five years and will expire on September 30, 2014. Submitted by: David L. George, Zoning Administrator BOA Meeting, September 24, 2009 g Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 19 Chase Avenue, Map 13, Lot 171. 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:55 pm by reading the legal notice and described information received from the petitioner relative to the petition. Mikhail Viner - Bykovskiy presented the petition. Mr. Viner - Bykovskiy stated that he sought to build a sunroom over an existing nonconforming deck. He indicated the deck footprint would not be expanded. The special permit may be granted in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -29A in conjunction with section 135 -11. The board also sought the age of the nonconforming shed located at the site. Mr. Viner - Bykovskiy stated that shed had been at its present location for more than 10 years. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:59 pm. On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0, to grant the special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -29A in conjunction with section 135 -11 at 19 Chase Avenue. Submitted by: David L. George, Zoning Administrator BOA Meeting, September 24, 2009 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 411 Waltham Street, Map 32, Lot 14. 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator and Planning Board. Comments were also received from the Design Advisory Committee. The Chairman opened the hearing at 8:00 pm by reading the legal notice and described information received from the petitioner relative to the petition. Suren Der Avedisian presented the petition. Mr. Der Avedisian stated that he sought to install 2 banner signs to the exterior of the building attached to the front overhang and to locate 2 sandwich board signs adjacent to Waltham Street. Mr. Der Avedisian described the signs. The board asked Mr. Der Avedisian why he needed the additional signage (the store had one wall sign and numerous window signs). Mr. Der Avedisian stated that the signage was needed to promote special events. The board expressed concern with setting precedent by granting a special permit for the signage. A board member felt that additional signs, in violation of the Zoning By -law, might appear throughout town. It was felt that the issue of temporary signs needed to be comprehensively reviewed by the Town. Mr. Der Avedisian stated that there were already several sandwich board signs up in town and that his uses for the proposed signs were no different than other sandwich board signs. The board wanted to know the frequency with which the signage would be displayed. Mr. Der Avedisian indicated the banner may be up 2 weeks a month and the sandwich board sign 52 weeks a year and brought into the store after the business closes. The board sought a schedule of when the signs would be displayed, if approval granted. The signage may be allowed by special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -78D in conjunction with section 135 -11. The applicant indicated his willingness to reduce his request to one vinyl banner and one sandwich sign. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 8:19 pm. BOA Meeting, September 24, 2009 10 On a motion by Arthur C. Smith and seconded by Leo McSweeney, the Board voted 5 -0, to grant the special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -78D in conjunction with section 135 -11 at 411 Waltham Street subject to the following conditions: 1. One (1) banner sign shall be permitted for the site. The banner sign shall be a maximum 2 -ft. by 10 -ft. 2. The banner sign shall be displayed a maximum of 14 weeks. 3. One (1) sandwich board sign shall be permitted for the site. The sandwich board sign shall be a maximum 2 -ft. by 3.75 -ft. 4. The above listed sandwich board sign shall be brought indoors after the store closes. 5. The applicant shall keep a log of when both signs are on display. 6. The special permit is granted for 1 -year and expires on September 24, 2010. BOA Meeting, September 24, 2009 11 Submitted by: David L. George, Zoning Administrator Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 73 Paul Revere Road, Map 58, Lot 47. 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:20 pm by reading the legal notices and described information received from the petitioner relative to the petition. BOA Meeting, September 24, 2009 12 James Riordan presented the petition. Mr. Riordan stated that he sought to construct a second story addition to the existing structure. The expansion would be vertical only. The existing structure is nonconforming with respect to the front- and side- yard lot lines. Mr. Riordan indicated the breezeway and garage would not be modified. Mr. Riordan provided information to the board about an existing nonconforming shed. He indicated the shed had been at its present location longer than 10 years. The board asked Mr. Riordan whether the lot had water issues. Mr. Riordan indicated the lot had no water issues he was aware of The board asked if the front - stairs would be modified. Mr. Riordan indicated that the stairs were not nonconforming. The special permit may be granted in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -29A in conjunction with section 13 5 -11. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 8:26 pm. On a motion by Carolyn C. Wilson and seconded by Leo McSweeney, the Board voted 5- 0, to grant the special permit in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -29A in conjunction with section 135 -11 at 73 Paul Revere Road. Submitted by: David L. George, Zoning Administrator Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Other Business: Meeting minutes September 10, 2009 hearing: On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 4- 0 to approve the minutes of the September 10, 2009. Photographs board members and staff: The chairman provided information relative to the yearly photographs of the board and staff The photo. appears in the town's annual report. The chairman sought for a date for the photos. The request was forwarded to staff to coordinate. BOA Meeting, September 24, 2009 13 Submitted by: David L. George, Zoning Administrator