HomeMy WebLinkAbout2010-01-28-ZBA-minMinutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
January 28, 2010
Board Members Present: Chairman Carolyn C. Wilson, Arthur C. Smith and Associate
Members Marilyn K. Kolb, Leo P. McSweeney and David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 46 Bedford Street, Map 57, Lot 14A
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 Historic Districts
Commission Clerk. Comments were received from the Building Commissioner, the
Conservation Administrator, Health Director, Selectmen's Office, Historic District
Commission and 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.
Architect Eric Brown and Site Engineer James White presented the petition for the
Developer Daniel Yu.
The applicant requested 2 special permits in accordance with section 135 -16A, Table 1,
Line 7.15B to allow a drive up teller window for a bank and Table 1, Line 9.11 to allow a
restaurant.
Mr. Brown addressed issues raised by the staff for this project and asked for the Board to
approve the special permits for the use and drive up window this evening so that they can
continue with their marketing efforts.
The Board questioned the petitioner on the circulation of the driveway for the teller
window, the traffic in the loading dock area, entrances to the street and access to the Stop
and Shop parking lot. They also asked about the need for a teller window, the number of
required parking spaces and whether they would be designated spaces for the restaurant
and the bank.
The Board discussed with the applicant the need for the special permit for a restaurant
use. It was explained to the applicant that the person opening the restaurant should be
who applies for the restaurant use special permit. It was suggested the applicant
withdraw without prejudice the request for the special permit for a restaurant use.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 8:03 pm.
BOA Meeting, January 28, 2010
2
On a motion by Marilyn K. Kolb and seconded by Arthur C. Smith, the Board voted 5 -0
to accept the withdrawal (without prejudice) for the special permit to allow for restaurant
use at 46 Bedford Street.
On a motion by Leo P. McSweeney and seconded by Arthur C. Smith, the Board voted 5-
0 to approve the special permit in accordance with section 135 -16A, Table 1, Line 7.15 B
to allow a drive up teller window for a bank.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, January 28, 2010 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 28, 2010
Board Members Present: Chairman Carolyn C. Wilson, Arthur C. Smith and Associate
Members Marilyn Kolb, Leo P. McSweeney and David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 1000 Main Campus Drive,
The Chairman read a letter from Steven Schwartz of Goulston and Storrs, representing
AvalonBay, requesting to postpone the hearing for an appeal of the Building
Commissioner dated July 14, 2008. The hearing had been postponed on December 11,
2008, January 22, 2009, March 26, 2009, June 25, 2009 and October 22, 2009. They are
now requesting to postpone the hearing scheduled January 28, 2010 until Thursday,
March 25, 2010.
On a motion by Marilyn K. Kolb and seconded by Leo P. McSweeney, the Board voted
5-0 to postpone the hearing until Thursday, March 25, 2010 at 7:30 pm.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, January 28, 2010 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 28, 2010
Board Members Present: Chairman Carolyn C. Wilson, Arthur C. Smith and Associate
Members Marilyn Kolb, Leo P. McSweeney and David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 60 Bedford Street, Map 57, 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, the Planning Administrator and the Historic
Districts Commission Clerk. Comments were received from the Building Commissioner,
the Health Director, Selectmen’s Office and the Zoning Administrator.
The Chairman opened the hearing at 8:04 pm reading the legal notice and described
information received from the petitioner relative to the petition.
Dan Brennan, a consultant for Starbuck’s Coffee and Mylka Bezerra, Store Manager for
Starbuck’s Coffee, presented the petition.
The applicant is requesting a special permit in accordance with section 135-16, Lines
9.12 and 9.13 to continue to operate a fast-food service and a take out food service.
Mr. Brennan apologized to the Board for the oversight by the store for not having the
special permit renewed. He also stated a condition from the original special permit to
have the dumpster enclosed had not been done but that arrangements have been made to
have it installed within the month.
The applicant confirmed that the business will be run as it has in the past. They are
asking for the same conditions as previously granted with the exception of the hours of
operation to be changed to 5:00 AM until 9:00 PM, seven days a week.
The Board also requested the applicant to talk with the landlord regarding parking spaces
being used to pile snow. Snow should be removed.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:10 pm.
BOA Meeting, January 28, 2010 5
On a motion by Marilyn K. Kolb and seconded by Leo P. McSweeney, the Board voted
5-0 to grant the special permit in accordance with section 135-16, Lines 9.12 and 9.13 to
continue to operate a fast-food service and a take out food service with the following
conditions:.
1.Permitted hours of operation are 5:00 AM until 9:00 PM, 7 days a week.
2.No more than 37 seats shall be provided in the establishment and 12
outdoor seasonal seats for customers.
3.There will be no deliveries or trash pick-up before 5:30 AM Monday thru
Saturday and 6:30 AM on Sunday.
4.One handicap-accessible toilet will be provided for patrons.
5.The dumpster will be screened and emptied as needed to meet Board of
Health standards.
6.Trash receptacles will be provided, and the parking lot will be kept free of
litter from the Starbucks Coffee operation.
7.January
The special permit is granted for five (5) years and will expire on
28, 2015.
8.
Application for renewal should be made eight weeks before special permit
expires.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, January 28, 2010 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 28, 2010
Board Members Present: Chairman Carolyn C. Wilson, Arthur C. Smith and Associate
Members Marilyn Kolb, Leo McSweeney and David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 1666 Massachusetts Avenue, Map 48, Lot 30A
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 Historic District
Commission and the Zoning Administrator.
The Chairman opened the hearing at 8:10 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Colin Smith, owner of Colin Smith Architecture, Inc., presented the petition.
The applicant is seeking a special permit for a projecting wall sign in accordance with the
Zoning By-Law section 135-77 A.2.
The applicant has received approval for the sign design from the Historic District
Commission.
The Board had no questions for the applicant.
There were no questions from the audience.
No one in the audience spoke either in favor of or in opposition to the petition.
The hearing was closed at 8:14 pm.
On a motion by David G. Williams and seconded by Marilyn K. Kolb, the Board voted 5-
0 to grant a Special Permit from the Code of the Town of Lexington (Zoning By-Law)
section 135-77 A.2 to allow for a projecting sign as per plans submitted.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, January 28, 2010 7
Other Business:
On a motion by David G. Williams and seconded by Arthur Smith, the Board voted 5-0
to accept the Board of Appeals minutes of January 14, 2010.