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HomeMy WebLinkAbout2009-10-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 8, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members John T. Gilbert and Leo P. McSweeney. Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 317 Woburn Street, Map 46, Lot 110 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 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Lisa Dempsey, representing Dunkin Donuts, presented the petition. The petitioner is requesting the renewal of a special permit to allow a fast food and takeout food service. The Board asked why the special permit had not been renewed and the applicant explained that it was an over sight of a new manager. The applicant addressed the issue of the Planter boxes not being installed per the condition. The applicant indicated the planter boxes would be installed to satisfy the condition. Ms. Dempsey also stated that the dumpster was not locked because so many tenants use it. The applicant indicated they would work with the landlord for a remedy to meet the condition that the dumpster be locked. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing closed at 7:33 pm. On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5 -0 to approve the renewal of the special permit with conditions as listed below: BOA Meeting, September 24, 2009 2 1. Permitted hours of operation are 6:00 A.M. to 9:00 P.M., seven days a week. 2. Deliveries before 7:00 A.M. will be to the front of the store; after 7:00 A.M. all deliveries will be to the rear. There will be no deliveries after 9:00 A.M. 3. One bathroom shall be open to the public. 4. No more than 18 seats will be provided for customers. 5. Window boxes and planters as offered in the original application shall be maintained. 6. The dumpster will be locked and emptied as needed to meet Board of Health standards. 7. Trash receptacles will be provided, and the parking lot will be kept free of litter from the Dunkin' Donuts operation. 8. This special permit is granted for five years and will expire on October 31, 2014. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 24, 2009 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 8, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members John T. Gilbert and Leo P. McSweeney. Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 33 Cottage Street, Map 32, Lot 14 Due to an advertising issue this application had not been advertised in the paper in time for this hearing. Since the abutter cards had been mailed, The Chairman announced to the audience that this application had been postponed until October 22, 2009. No other action was needed since this application had not been advertised in the paper. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 24, 2009 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 8, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members John T. Gilbert and Leo P. McSweeney. Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 23 Carville Avenue, Map 14, Lot 36 B 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 Conservation Administrator. 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. Russell Engler, owner of the property, presented the petition. Mr. Engler is requesting 2 variances: 1) to allow a rear -yard setback of 8.7 -ft. instead of the required 15 -ft. rear -yard setback and 2) to allow a side -yard setback of 8.5 -ft. instead of the required 10 -ft. side -yard setback. The applicant seeks to remove the existing rear -yard deck and construct a 12 -ft. by 12 -ft. 3- ' /z -in. three- season porch with a proposed 3 ft. 6 in. by 4 -ft. landing with steps as shown on the plan submitted with the application. Because the addition would intrude into the rear- and side- yard setbacks, two variances, as listed above, are required. In justification of the variance, the applicant states the size and configuration of the lot affect locations for further expansion. A concern of the Conservation Administrator was addressed regarding the location of the steps. The applicant had changed the plans by moving the steps to the side as Conservation had suggested. 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 Leo P. McSweeney and seconded by Carolyn C. Wilson, the Board voted 5 -0, to grant the 2 variances in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -35, Table 2 of the Dimensional Control 2 variances: 1) to allow a rear -yard setback of 8.7 -ft. instead of the required 15 -ft. rear - yard setback and 2) to allow a side -yard setback of 8.5 -ft. instead of the required 10 -ft. side -yard setback. BOA Meeting, September 24, 2009 S Other Business: 1) on a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 3 -0, with John T. Gilbert and Leo P. McSweeney not voting, to approve the minutes of the September 22, 2009 hearing. 2) The Board discussed the recommendations of the Planning Board to change the By -Laws for restaurants as a use by right with conditions. Submitted by: Dianne Cornaro, Administrative Clerk