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HomeMy WebLinkAbout2011-01-13 ZBA-Min BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 5 Forest Street, Map 49, Lot 50 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; topographic map; elevations and floor plans. 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. Robin Combs, representing Alan and Jilano Abrams, presented the petition. The applicant is requesting a variance in accordance with section 135-38A (2) and 135-10B to allow a side yard setback of 6 feet 7 inches instead of the required 10 feet. A Board member asked if there presently any tenants in the structure. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:34 pm. On a motion by Leo P. McSweeney and seconded by Nancy M. Adler, the Board voted 5-0 to approve the variance in accordance with section 135-38A (2) and 135-10B to allow a side yard setback of 6 feet 7 inches instead of the required 10 feet. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 442 Marrett Road, Map 33, Lot 82 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; photographs; sign plans; letters of support from Dean Curtin of Joseph Bridge Realty and a letter from the applicant requesting waiver to plot plan requirements. 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, the Historic Districts Commission Clerk and the Design Advisory Committee. Comments were received from the Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Kimberly Prough, representing MGP Fitness, presented the petition. The applicant is requesting a special permit in accordance with section 135-78D and section 135- 11 to allow placement of a temporary promotional sign at the entrance to the Business Center. Ms. Prough explained the difficulty people have seeing her sign on the side of the building. One of the Board members asked how long she is requesting to have it out. There is a concern that this could get out of hand. The Chairman commented on the URL and telephone number being on the sign and a discussion followed as to how often the sign will be out. Mark Duffy of 46 Spring Street asked the Board for a definition of “temporary”. The Chairman explained the sign would removable. No one spoke in favor of the petition. William Kennedy of 135 Wood Street read a letter of opposition from Lisah Rhodes of 482 Marrett Road. Mark Duffy of 46 Spring Street spoke in opposition. BOA Meeting, January 13, 2011 The hearing closed at 7:47 pm. The Board had a lengthy discussion on the temporary signage and understood the business owners need to have the additional signage. A motion was made by Nancy M. Adler and seconded by David G. Williams to allow the temporary signage for 5 days a week. After a discussion a motion was made by Nancy M. Adler and seconded by Leo P. McSweeney to withdraw the motion for 5 days a week. On a motion by Nancy M. Adler and seconded by Leo P. McSweeney, the Board voted 5-0 to grant the special permit to allow placement of a temporary promotional sign at the entrance to the Business Center with the following conditions: 1)The temporary sign shall be allowed without the URL number listed on it. 2)The temporary sign shall be allowed to be out six days a week during regular business hours. 3)This special permit will expire January 13, 2012. It is the responsibility of the applicant to renew this special permit 8 weeks before the expiration date. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted to waive the plot plan requirement for this application. Dianne Cornaro, Administrative Clerk Submitted by: 2 BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 848 Massachusetts Avenue, Map 22, Lot 74 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; awning plans; photographs; letter of support from owner of the building; Notice of determination from the Historic Districts Commission; revised plans and a letter from the applicant requesting an exception from the plot plan requirements. 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 Planning Director, the HDC Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:47 pm by reading the legal notice and described information received from the petitioner relative to the petition. Varujan Abalian, of Macaron Sweeterie, presented the position. The applicant is requesting a special permit in accordance with section 135-78D to allow installation of an awning sign. One of the Board members asked about the size of the lettering and asked to describe what they would be selling. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:51 pm. Decision: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to GRANT A SPECIAL PERMIT, as proposed, from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-78D to allow installation of an awning sign. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 27-31 Massachusetts Avenue, Map 13, Lot 415A and 415B Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; copy of special permit approved June 14, 2007 and Noise measurements from Noise reduction Products Inc. dated December 29, 2010. A letter of opposition was received from Arline Burns of 37 Cliffe Avenue. 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 Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:52 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edmund Grant presented the petition for the owner of the property, Ronald Thompson of Mass Ave Realty LLC. The applicant is requesting to renew the special permit for the car wash granted in 2007 and to allow a modification of the operating hours. Attending the hearing with Attorney Grant were Ron Thompson, Henry Hogan, Car wash Manager and Noise Expert, Tom Eslinger. The applicant is requesting renewal for 5 years and to allow the 5-bay self service, touchless, automated car wash to be allowed to operate from 7:00 am to 9:00 pm seven days a week. At the hearing the applicant presented a petition signed by 17 customers in favor of the new hours, a list of allowed hours of operation for car washes in surrounding towns and a proposed condition for the modification of hours. The Chairman asked if there were any noise measurement tests done during the night. The noise expert, Tom Eslinger and Ron Thompson both spoke about the noise conditions. BOA Meeting, January 13, 2011 One of the Board members asked if the car wash would be staffed during these hours. Mr. Thompson spoke of the elaborate camera and alarm systems installed and said there would be staff there during operating hours. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Board discussed the modification of hours and decided if they were to extend the hours then they would feel more comfortable renewing for 1 year only to give them an opportunity to review the impact of the extended hours. The Chairman closed the hearing at 7:51 pm. Decisions: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to renew the special permit for the car wash and to extend the hours of operation as requested with the following conditions: 1.This special permit is for a term of 1 year and will expire on January 13, 2012. 2.The hours of operation for the tunnel bay shall be 7:00 am until 5:30 pm on Saturday and Sunday and 7:00 am until 7:30 pm Monday thru Friday. The hours of operation for the newer 5 bay self service, touchless, automated car wash shall be 7:00 am until 9:00 pm seven days a week. 3.Applicant shall maintain the evergreen tree plantings behind the guardrail extending from the fence at the rear of the property for screening. 4.Lighting of signage shall be only during hours of operation. Dianne Cornaro, Administrative Clerk Submitted by: 2 BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 25 Leonard Road, Map 54, Lot 126A Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; elevations, floor plans and a copy of a variance granted November 13, 1975. 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 8:09 pm by reading the legal notice and described information received from the petitioner relative to the petition. Ruvin Liebher presented the petition for the owner of the property, Michael Zaslow The applicant is requesting a special permit in accordance with section 135-29A to enlarge an existing non-forming dwelling. There were no questions from the Board. Janice Wilson of 23 Leonard Street asked if the structure would be closer to the lot line. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:13 pm. On a motion by John J. McWeeney and seconded by Nancy M. Adler, the Board voted 5-0 to grant the special permit in accordance with section 135-29A to enlarge an existing non- conforming structure. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1666 Massachusetts Avenue, Map 48, Lot 30A Petitioner submitted the following with the application for hearing: nature and justification of request; floor plan; parking plans; letter of support from the Building owner, Spaulding Management; and a request from, the applicant to waive plot plan requirements. 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 Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:14 pm by reading the legal notice and described information received from the petitioner relative to the petition. Chris Bateman, Managing partner of Lexx Restaurant, presented the petition. The applicant is requesting a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-64A to allow 14 parking spaces instead of the required 24 spaces and a special permit in accordance with section 135-69 (E) to allow 1 loading bay in lieu of 2 required for a restaurant with a seat count greater than 99. Mr. Bateman explained the change in the restaurant floor plan. A Board member asked what time did the restaurant receive deliveries and questioned the amount of parking. Other Board members asked about the redesigning of the floor plan and about parking issues during lunch time. The applicant explained that the majority of their business is in the evening. During lunch they are only at approximately 60% capacity and they do not expect that will change. There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting, January 13, 2011 The hearing was closed at 8:23. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the variance from section 135-64A to allow 14 parking spaces instead of the required 24 spaces and to grant a special permit in accordance with section 135-69 (E) to allow 1 loading bay in lieu of the 2 required for a restaurant with a seat count greater than 99. Dianne Cornaro, Administrative Clerk Submitted by: 2 BOA Meeting, January 13, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 13, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams and Associate Members Nancy M. Adler and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Other Business: 1.On a motion by John J. McWeeney and seconded by David G. Williams, the Board voted 5-0 to approve the minutes of December 9, 2010. 2.Cubist Pharmaceuticals, Inc. 45, 55, 65 Hayden Avenue presented to the Board a request for a minor revision to the Special Permit with Site Plan approved by the Board of Appeals and recorded on July 9, 2010. The proposed changes include the relocation of a storm-water outfall to avoid the wetland buffer and minor modifications to the entryway layout. On a motion by Leo P. McSweeney and seconded by David G. Williams, the Board voted to approve the revisions as presented as minor modifications. William Kennedy sat on this request for John J. McWeeney. Dianne Cornaro, Administrative Clerk Submitted by: