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HomeMy WebLinkAbout2002-08-15-ZBA-min3 BOW ST 8 -15 -02 RS, FS, AS, NB, CW, SMM(clerk) SPECIAL PERMIT RS reads legal notice and checklist Tom Fenn, atty here to represent James/Beth Agostino JB Agostino here w/ Doug Touarte, owner of property, and contractor And Pat and Karen Agostino TF 3 out of 4 Agostinos are physical therapists, Pat and Jim grew up in Lex., wd like to come back and open fitness center SP, Fitness center, Serve food (smoothies) Parking on separate lot, (son of owner here ?) Re parking, TF (cont.) Will be u/lease agreement w /neighboring property for 19 spaces What calculated as needed For change in use? Is retail now (bike shop) Cd look at bylaw diff. Ways Ref. Letter G, allows for recreational facilities Parking on as- needed basis When ambiguity, take most restrictive one Do have more than 19 spaces Are 6 spaces on lot for the bldg Presents bd. w /plan showing 6 spaces w/bldg Grave misunderstanding re what mean re fast food, Apparently have smoothie drinks, Nice to have refreshment for those at facility Basically one blender, Fell u/ "fast food, not enougth to be a meal" That has triggered health requirements, Want to make sure neighborhood knows is not "fast food" Just blender -made drinks RS, just for clients? TF, if get SP, line 9.13, cd sell to others beside clients... TF, fitness center in CRS zone, DT and TF went before Town meeting to get this change to ZBL Photos of bldg, plans, mounted for showing to bd Small, low idea, clientele primarly women and elderly Some w /functional disabilities, Best suited to train women and older adults Misconception that this is "golds gym" This is a kind of boutique physical therapy place Hrs requesting M -Th, 6- 9:30pm Sat/Sun, 6 -5pm Check app for hrs NB, other parking lot, that has bldg associated w /that that requires parking of its own TF, that lot is dirt, grass, Don't know what stores in That bldg This landlord is going to build parking lot in back to lease to Agostinos Never used, Drycleaners and convenience store DT, one van for drycleaners TF, engineer that put plan together took into account showing new 19 spaces Now only small part is black - topped So 25 spaces which more than required DT, van is in one designated as loading dock RS, other retial spaces don't require spaces of their own Son, Raf. Margekian, Back of property is not used by tenants at this time Landscaping. business at times, Our efforts to keep from over run w /weeds, Had some paved, Not used by tenants Customers park on mass ave, Don't pull in to go to drycleaners They do some of business below At other sites, Not retai busisness Jim Agostino, re parking Some of customers park in Bermans lot, overflow spaces Music School does have people parking in my clients lot FS, what going to do to eliminate grade, how are people going to get from low parking area to site TF, DT, is plan for steps to go from low parking level (from corner, inset back left) up Ramp? AS, since bldg is right on bike path, could imagine drop -in customers/ Comfortable w /some sort of condition re no external advertising re "have smoothies "? TF, if that's a condition they will do that, want very much to opern business LW—q. re what business entail, Classes? Aerobics? Or more like one on one? Beth Wald, own healthfit in Needham, JA physical therapist in nearby hospital Dream, our fitness center for women of all ages, and men over 50, Focuses on peoploe who wd not go to a regular gym, Look around this room, Classes we have, Stipulation (in Needham), only 10 people allowed, usually have only 6 -8 To be close, supportive environment W /people all physical therapist, This is for people who w /out health fit wd have no place to go, Huge benefit for community Support from medical community Proposed club wd be similar to one in Needham LW, limit on number of classes? BW, limit bec of small space Whole notion is people don't come to health fit for classes, wd be secondary offering, to make sure diversity in offering Mostly one on one support Class 3 mornings a week, one every evening, 4 yoga pilates and tai chi, 4 people in each (in Needham similar facility) NB, why then open at 6am? BW, there are people who then go to work, overweight, heart disease,e tc. Have to be available for everyone, who include people who work Also not like typical fitness center AS, ref restrict clients to women and men over 50, Can't legally restrict, that's their target membership JA has interesting document re how many people coming to facilty, Gave document explaining Quite sure 25 spaces adequate Sufficient for membership Compares to Needham facility owned by BW To address concern re customer flow Ref. Graph (on second page) For year, averaged all week day and weekend visits Typically 8 patients per hr. Length of stay typically 45 minutes More q. from bd Audience? Favor of proposal? None Mary Lou Touarte Dougs mom Belong to Golds Gym, hate it, Needs place like this Wd very much like to have this type of thing As wd husband (who has spinal stenosis) Knee prob.l (MLT) Think is great facility BW, known JA years, well last 5 months Huge plus for community Audience? Opposition? Tony Marques, 22 Bow St, (see letter) Peak hrs of operation precisely times members of neighborhood like to relax 7 days a week/362 days /yr believe as do 38 of neighbors (signatures submitted to bd now) (one copy) that this will negatively impact quality of life number of neighbors on vacation, cdn't submit letters Floyds wrote letter to Minuteman, (copy** *put in file) TM, reads highlights from letter submitted to bd earlier At least one business owner gave letter —read to bd, submitted to bd. (one copy, w /copies) (Tailoring bus.) owner of her bldg on vacation, as is owner of Busa's Liquor store, cdn't get their comments Questions for petitioners from Mr. Marques 2 pages of questions... RS, some of these are redundant, get them down? Mr. Marques, Karen Marques, 22 Bow Street Went to that parking lot last Thursday, Spoke to cleaners, He uses downstairs, Man parked in driveway, That employee parks there, 2 cars, statement Not just a van Marques, how well does lot handle rain? What intend to do w /plowed snow? Where will handicapped parking be? Does Fire Dept. set the occupancy rate for the bldg? How plan to enforce permitted occupancy? (how going to restrict 25 spaces) Assuming business successful,? TF, Re sq. footage, how is parking determined, Ref. ZBL, section 11, says what required The sq. ftage of bldg establishes that 19 spaces required, Have 25, How enforce potential occupancy? How enforce people parking in lots, Busa's concerned, Maybe Powers Music School concerned re their 3 spaces Same landlord owns that lot, Will make clear everyone's own spaces Will make clear do meet the required spaces, over the req. The handicapped space, If over 25 spaces, have to have 1 handicapped space, that's right by door, RS, q. re handicapped being dropped off, TF, car cd drop off in front, turn right, back on Mass Ave, Not on internal Bow St. Wdn't make sense to drive down bow st, then turn around and come in Will turn before Bow, majority of parking is off Mass Ave, Not heading across bike path or in residential neihborhood Re rain, will have to be series of drains, Not engineer, Drain manholes wd be approved by bldg commissioner Re snow removal, Son of owner, wd discuss w /contractor Wd work that w /contractor to make sure did not cause any problems Certainly wd not put snow or allow rain to impact neighbors Mr. Marqes, missing point, Don't expect all people fit people to park in front of my house People from Powers Music School park there, people just going round corner park there, Been there 28 yrs, seen parking exacerbated RS, what significance of parking when bicycle path? Mr. Marqes, diff. Clientele KM, a lot was said re this not a Golds Gym going in, lot said this for elderly Well, there are some similarities between this and a golds gym These people are open from 6am to 8 pm, those times are when wd like to relax in neighborhood before and after work This facility will be open 362 days /yr Has cars that stay longer than fast pickup Do not have assigned times for members Is no way to know customer load Not sure of accuracy, Diff. Market /diff. Demographics than Needham Michael Rubin, atty, 430 Bedford St, Here on behalf of A &D Realty Trust, the Busas Concerns, Not appropriateness of business itself, but location of this use, A new use, Not arguing a good use, Arguing not a good use for this location As abutter, recognize people parking will take "path of least resistance" Been no discussion re steps to be taken parking will not take place on abutters' property, Respect clientele not a golds gym Parking will be real serious concern, Specifications of ordinance (re parking) have been met If all conditions of every sp application met, wdn't need bd, Bd, needs to find wd be detrimental to community and not a fit Jim Healy, atty, gives letter to bd. Represnts owner of Suburban Floors business Applauds Needham facility, owner Big objection have, is parking Customers of Powers Music School have parking in my clients' lot My clients lot is directly across from proposed center, closest to center Even if this sp allows or has 25 spaces, Submit this is not enougthg Have to have 1 handicapped, Will have 5 -6 emplyees, will have only 18 -19 left Now no parking behind these lots, Behind music school, dry cleaners Wd suggest once this parking lot put in, will see customers of other businesses use that lot, Putting signs up re allowed parking will not work Think in reviewing zoning bylaw, This use is not particularly addressed (re parking) w /in the zbl Can estimate how many people to use? Very fluctuating use Wd suggest that because this is not a business, will not see carpooling Re driveway, If egress from this driveway to Mass Ave, The wall for the drycleaner is adjacent to sidewalk, And telephone pole right there, If to be access and egress Wd suggest engineer shd look at, If to have one -way, Temptation, Will bring right by my clients lot Wd suggest petition be denied, If granted, Wd suggest conditions, See letter submitted to bd for conditions Arlene Burns, 37 Cliffe Ave. Opposed bec. Of increased traffic Ref. Busa's lot, Huge trucks there all the time How can cars go in there w /trucks And w /adjacent bike path Is there going to be a child care facilty there? Showers in bldg? Beth Agostino Considered it, lot of other clubs offered, However, bec. Is a small space, it takes up space need for other use Have cardio vascular equip, choice of manufacturer made is well- suited for older adults, Soothing, unintimidating, private to individuals working out DT, re entrance to facility Entrance will not be on Bow St. Will be adjacent to Door down at end of bld, specifically accessible from designated handicapped spot No egress from Bow except for fire exit Mary Reed, 33 Bow St. Concerned re congestion Concept terrific, Location concerns me Adding another element to a small, congested area RS, this group brought this request to Town Meeting Was this location being considered at this time? TF, yes it was, It was clearly identified Large photo shot, DT, this is location that was highlighted at Town Meeting TF, agreed to change a no to a sp NB, town meeting, no problem w/ a SP, clear not an allowed as of right, clear needed a sp Arlene Burns, re fastfood smoothies, Opposed to that, Once get foot in door, Table, Serve bikers, Smoothie receptacles, TF, little surprised, In application, owners available for answering questions, Anyone here w /questions, conerns Re Atty Rubin's comments, liquor store suitable, fitness center not? Re Atty Healy's comments, wd like zoning change written that occupancy "govern" spaces required, now not Re clients from PeopleFit parking in Busa's, and JA comments He said clients from convenience store park there We have no intention of parking in other than noted Re Healy comment, cd put restrictions on parking location in contracts, good idea This a good idea, Want to be good neightbor Increased crime? Increased trash? Solution is to shut down that bldg, and not have any businesses in that area, A business is going to go in there, Some control here that may not have in other businesses Ask bd to follow bylaw as written, DT, born, raised in Lexington Take concerns seriously Wd like to make attempts to address parking issues Have personally maintained all of the bike path behind my 2 blgs, Up to Bermans, picked up all trash, including liq. Bottles etc. More than happy to address Hearing closed FS— suggest drink SP first Suggest allowed to serve health drinks to members about to exercise or finised Restrict sale of beverages or smoothies, to be consumed on premises, "health drinks" as opposed to or "and" LW, consumed on premises important part NB, interesting graph picture Shows average peak is 12 people, Lot less than 25 Really question is due to all other places, Aggravating situation RS, bicycle store didn't seem to be prob. Our problem to decide if increase in traffic is so disruptive to force other businesses in area to have problem Several in area, businesses, struggling w /situation now Is concern Motion AS, always hate to put burden on last "one" in, If applicant has done their part, If people from music school park in wrong place, Not appicant's prob Put conditions re parking on FS, in favor w /restrictions on parking LW, think snow has to b removed, will be real issue FS, signage important AS, make part of contract wd be good suggestion Take steps to ensure members u/stand where to park LW, what, is cap on membership? RS< wdn't want to do that LW did they? AS, also the permit need not be for long, cd look at again after period of time RS, one problem If read 11.8.d Getting sense outvoted on this one My inclination not go along w /this LW, sense to really limit length of permit? AS, often for one year NB, probably for 2 yrs, so cd have numbers to come back w/ RS, don't want this to be an outlet for smoothies Something that cd be policed If prob, wd have people here to complain FS, motion Grant for 2 yr period w /provision that snow be removed in timely fashion That contract w /membership requiring parking in spaces designated Parking area be signed for exclusive use as designated Smoothie restriction, health drink/smoothie designation, and only to be consumed on premises and by members participating in activities of facility 2 nd 4 -1 (RS opposed)