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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.