HomeMy WebLinkAbout2010-06-03-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
June 6, 2010
Board Members Present: Chairman, Nyles B. Barnert, Martha C. Wood, Carolyn C. Wilson and
Associate Members Leo P. McSweeney and David G. Williams
Also present at hearing were Associate Member Marilyn K. Kolb
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 45, 55, and 65 Hayden Avenue
This hearing had been continued from the May 27, 2010 hearing.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Fire Department, Conservation Administrator, Town Engineer, Health Director,
Board of Selectmen, the Zoning Administrator, the Planning Administrator, Historic Districts
Commission Clerk, Development Review Team and the Design Advisory Committee.
Comments were received from the Design Advisory Committee, Conservation, Planning
Administrator 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.
Attorney Robert Buckley presented the petition for the applicant, Cubist Pharmaceuticals. Also
attending on behalf of the Applicant were: David McGirr, CFO Cubist Pharmaceuticals;
Melissa Cushing, Riemer and Braunstein, LLP; Ethan Solomon, Riemer and Braunstein, LLP;
Doug Hartnett, Highpoint Engineering, Inc.; Russell Glen, The Richmond Group; Al Spagnolo,
Spagnolo Gisness & Associates, Inc.; Roger Stein, Spagnolo Gisness & Associates, Inc.; Mike
Bahtiarian, NCE Consultants, Inc.; Bob Michaud, MDM Transportation Consultants, Inc.
The applicant seeks permits and approval under Chapter 135 of the Code of the Town of
Lexington (the “Bylaw”), as amended through September 2009, for the following:
(a) a Special Permit with Site Plan Review for the development of a 105,560 square foot
building addition and a 101,730 square foot structured parking garage at 65 Hayden
Avenue pursuant to section 135-12 (in accordance with sections 135-13 and 14C) and the
Amended PSDUP approved for the site by an act of November 2009 Special Town
Meeting;
(b) approval of the DSDUP as consistent with the Amended PSDUP, pursuant to sections
135-42(B) and section 135-42(F); and
(c) a Special Permit pursuant to section 135-77(A)3 and section 135-78D for a temporary
standing sign to be located at the intersection of the main access drive and Hayden
Avenue.
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Doug Hartnett, Highpoint Engineering, Inc reviewed the site plan for the Board. He explained
the proposed development including the landscaping and the storm water management.
They have gone before the Conservation Commission and are waiting for their Order of
Conditions to be written.
Bob Michaud, MDM Transportation Consultants, Inc. presented the traffic study and described
how the studies were done.
Payment to the LexPress will be paid to the town yearly.
Roger Stein, Spagnolo Gisness & Associates, Inc presented the design of the buildings to the
Board.
The Chairman asked the applicant to go over the changes from the original plan and what was
changed from DAC comments. Doug Harnett reported the updates to the Board.
A Board member confirmed that the applicant feels the changes to be made are minor. The
Board member asked if there were any upgrades planned for the intersection of Hayden Avenue
and Waltham Street. Also spoke of traffic on Shade Street. The Board member also asked
where does the water run off end up and are the present buildings designed to withstand the
vertical additions.
A Board member asked how it is determined how much additional traffic will be going on Rte
2. The Board member also asked how many employees are estimated to be from Lexington.
The Chairman asked how they are going to limit the noise. Attorney Buckley spoke of the
bylaw and confirmed the applicant will comply with the noise bylaw.
Mike Bahtiarian, NCE Consultants, Inc. explained to the Board how the noise levels were
determined.
Discussion followed on the ambient levels and the town bylaw regarding noise levels.
Board members asked if the noise from Route 2 is louder than the equipment and asked if the
older equipment on the existing building is being replaced with new equipment.
A Board member asked to explain how the LEED designed building standards. This building
will be LEED built but not certified LEED.
Another question from the Board was how do employees use the Hayden Woods conservation
area now. Also asked was how it will be accessed from the Cubist property. .
Lexington Economic Developer, Susan Yanofsky told the Board that Cubist employees’ had
volunteered time to build boardwalks for the conservation area. They are working with the
Conservation Commission on maintenance and upkeep of the area.
BOA Meeting, May 13, 2010 3
There were no questions from the audience.
No one spoke in favor or in opposition.
The Board and the applicant discussed the conditions in open session. The Chairman read over
proposed conditions written by the Zoning Administrator, David George. Revisions were
noted.
The hearing was closed.
Decisions
On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board of Appeals
voted 5-0 that the DSDUP for the CD-9 zoning district, received April 16, 2010 and as revised
by plans received May 21, 2010 be approved as substantially conforming to the Amended
PSDUP for the CD-9 zoning district as approved by Special Town Meeting in November, 2009
and pursuant to sections 135-42(B) and section 135-42(F).
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board of Appeals
voted 5-0 that the SPS for improvements at 65 Hayden Avenue be approved in accordance with
§135-12, § 135-13, and § 135-14 subject to conditions 1-13, as listed below.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board of Appeals
voted 5-0 to approve a Special Permit pursuant to § 135-77(A)(3) and § 135-78D for a
temporary standing sign to be located at the main access drive to 65 Hayden Avenue subject to
condition 14 listed below.
Conditions:
Applicable to DSDUP for site, including 65 Hayden Avenue
1.The project shall be constructed according to the DSDUP and its plans entitled “Cubist
Pharmaceuticals Vertical Expansion, 65 Hayden Avenue, Lexington MA, Special
Permit/Definitive Site Development and Use Plan (SPS/DSDUP) Submission “, dated April
13, 2010, portions revised to May 21, 2010, prepared by Richmond, Spagnolo Gisness and
Associates, Inc, and Highpoint Engineering, Inc., as well as the materials submitted for
review and approval by the Applicant that are referenced herein, as such materials may be
specifically amended or approved conditionally by the terms hereof.
2.The authorized uses on the premises shall consist of those allowed by right or with the grant
of a special permit as specified within the Amended PSDUP, Appendix A to Amended Site
Development and Use Plan for Cubist Pharmaceuticals
3.The project shall be constructed in accordance with applicable federal, state, and local law
and regulations.
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4.Applicable Zoning By-Law: The land and development in this CD-9 Zoning District is
subject to the provisions of the 2009 Zoning By-Law and approved only for the specific
uses and provisions of such By-Law as noted within the Amended PSDUP.
5.Transfer: Any sale or transfer of rights and interests in the Property in this Planned
Commercial District shall include a condition that successors and assigns are bound to the
terms and conditions of the DSDUP, or any SPS decision granted by the Zoning Board of
Appeals for this Planned Commercial District.
6.The applicant shall comply with the Traffic Mitigation and Traffic Demand Management
Plan incorporated into the Amended PSDUP as referenced in Section VI. Special Condition
Section (Special Condition C) of the DSDUP, Appendix F of the DSDUP, and as
memorialized in the Memorandum of Understanding, dated October 30, 2009, as described
in Appendix G of the DSDUP.
7.Conservation Measures. An annual contribution of $5,000 shall be made jointly and
severally by the fee owners of the properties in the CD-9 District to the Town Conservation
Commission for maintenance and upkeep of the Hayden Woods Conservation Area, as
directed by said Conservation Commission. Trail access and parking to the public will be
provided to the public in the evening and on weekends. The Applicant shall delineate such
parking spaces and provide signage to further clarify the public access area.
Conditions applicable to 65 Hayden Avenue SPS
8.Gross Floor Area Addition. The gross floor area of the Area B (65 Hayden Ave)
Improvements shall not exceed 204,000 square feet of the occupied building area and
156,000 square feet of structured parking garage space. The maximum net floor area of the
proposed occupied building space shall not exceed 163,000 square feet.
9.Sustainable Design and Construction. The additional floor area permitted pursuant to this
DSDUP shall be constructed using, as a guideline, The Leadership in Energy and
Environmental Design (LEED) “Silver Standard” in effect as of this DSDUP to the extent
commercially reasonable and to the extent that clear LEED standards for a given use or
building types have been issued, and subject in all instances to the requirements and
limitations of any tenants. The Applicant shall provide the Building Commissioner or
Zoning Enforcement Officer of the Town with evidence of compliance with this
commitment which shall included certification from the Applicant’s consultants.
10.Prior to the issuance of a building permit for construction at 65 Hayden Avenue, the
Applicant shall submit to the Building Commissioner a construction management plan
detailing, among other things, parking, material storage, traffic circulation, utility
installations during construction of the project, and any other information the Building
Commissioner deems appropriate. Said plan shall be in a form suitable to the Building
Commissioner.
11.During construction at 65 Hayden Avenue, Chapter 80, § 80-4(A) (Construction/private
service maintenance power equipment) of the Code of Lexington shall be adhered to.
12.The applicant shall direct contractors and consultants to not utilize Shade Street for
construction vehicle traffic when traveling to or from the site.
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13.The trailers and related construction equipment shall be allowed to be located on site in
accordance with the construction management plan and as part of the building permit for
construction at 65 Hayden Avenue.
14.The temporary construction sign shall be allowed to be located as shown on the plans
submitted with the application for the duration of construction allowed under this DSDUP.
The sign shall be removed prior to issuance of a final occupancy permit, unless an
extension of the special permit is sought.
Submitted by: Dianne Cornaro, Administrative Clerk