Loading...
HomeMy WebLinkAbout2011-02-10 ZBA-Min BOA Meeting, February 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member Nancy M. Adler. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 56 Adams Street, Map 63, Lot 110 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; topographic map; floor plans; photographs; parking plan and copy of 2006 Decision. A petition in support signed by 13 neighbors was also received. 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. Francesca Anderson, owner of the property, presented the petition. The applicant is requesting to renew a special permit in accordance with section 135-11 to operate an art gallery in a residential neighborhood. The applicant explained she would be closing the gallery for 16 to 18 months and when she reopened she will be having 4 or 5 shows a year by invitation only to approximately 50 to 75 people. At the hearing she presented the Board with an example of an outline of her receptions and a brochure of her gallery. She will have 1 part time employee 2 days a week with operation hours being Wednesday through Saturday 10:00 am to 5:00 pm and Sunday from 1:00 pm until 5:00 pm. A Board member clarified the hours she would be opened. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:36 pm. 2 BOA Meeting, February 10, 2011 On a motion by Martha C. Wood and seconded by Nancy M. Adler, the Board voted 5-0 to grant the renewal in accordance with section 135-11 to operate an art gallery in a residential neighborhood with the following conditions: 1.The gallery shall have no more than 6 opening receptions per year. 2.The hours of operation shall be Wednesday through Saturday 10:00 am to 5:00 pm and Sunday from 1:00 pm until 5:00 pm. 3.This special permit is for 5 years and will expire February 10, 2016. It is the responsibility of the applicant to renew this special permit 8 weeks before the expiration date. Dianne Cornaro, Administrative Clerk Submitted by: BOA Hearing February 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 46 Bedford Street, Map 57, Lot 14A The Chairman read a letter from Metro Sign and Awning, representing the Danvers Bank, requesting to withdraw the application without prejudice. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted to accept the withdrawal without prejudice. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting, February 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 403 Waltham Street, Map 32, Lot 15 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; sign plans; photographs and a letter of support from owner of the building. A letter of support was also received from Mary Jo Bohart of the Lexington Chamber of Commerce. 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 the Zoning Administrator. The Chairman opened the hearing at 7:40 pm by reading the legal notice and described information received from the petitioner relative to the petition. Doug Carlson, of Dreamline Modular Homes, presented the position. The applicant is requesting a special permit in accordance with section 135-78D to allow for more or larger signs than are permitted as of right. The Chairman asked if the petitioner had gone before the Design Advisory Committee. He explained that he had been schedule but meeting had been cancelled due to the weather. It was asked if the Real Estate sign would be coming down. There is still space available to lease. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:43 pm. BOA Meeting, February 10, 2011 Decision: On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT A SPECIAL PERMIT as presented at the hearing from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-78D to allow for more or larger signs that are permitted as of right. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting, February 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1690 Massachusetts Avenue, Map 48, Lot 31 Petitioner submitted the following with the application for hearing: nature and justification of request; sign plans, elevations, floor plans, lease letter from Building Management; letter form NORR architects regarding Panera Bread in response to Zoning Administrator’s memorandum dated February 7, 2011. 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 Health Director, the Planning Director and the Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Jessica Helbling, Designer with NORR Illinois, Inc, presented the petition for Panera Bread Café. Also attending the hearing was Greg Godfrey of Panera Bread. The applicant is requesting the following relief: Special Permits(in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington): 1) 135-16A, Table 1, Line 9.12 to allow a fast-food or take out service serving enough food to comprise a meal; 2) Section 135-16 A, Table 1, Line B .12 to allow for outdoor seating; 3) Section 135-78 D to allow an externally lit sign and 4) Section 135-78 D to allow for awnings. At the hearing the applicant presented the plans as approved by the Historic District Commission. The Chairman advised the applicant that the ZBA could not approve seating on the sidewalk and the applicant would need to seek approval by the Selectmen. One of the Board members questioned the handicapped parking and the parking spaces on the side of the building. The Board member suggested the applicant talk with the owner of the building about taking out the 4 spaces on the side of the building and adding landscape. The Board discussed a concern with delivery times with the applicant and the time the facility would be opened in the morning. BOA Meeting, February 10, 2011 Mary Jo Bohart from the Lexington Chamber of Commerce addressed other establishments that are opened early in the morning. A Board member suggested they applicant look into having more outside seating. A discussion followed regarding lighting of the parking lot, policing the outside area for litter, the addition of window boxes and the explaination of the logo. One of the Board members asked about the time table for opening. They are hoping for a July opening. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:10 pm. Decisions: On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant the special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16A, Table 1, Line 9.12, to allow a fast-food or take out service serving enough food to comprise a meal as requested with the following conditions: 1.The hours of operation shall be as requested: 6:00 am until 10:00 pm, 7 days a week. 2.Proper ventilation equipment shall be installed and maintained to minimize cooking orders. 3.There shall be no deliveries between the hours of 10:00 pm and 6:00 am. 4.Extreme care shall be exercised in the disposing of waste material (garbage and rubbish) in accordance with Town regulations and specifications. The area surrounding the operation shall be kept free from litter. 5.Permission for outdoor seating must be obtained from the Selectmen. 6.Signage shall be lit only during hours of operation. 7.This special permit is for a term of 1 year and will expire one year from the date of opening. It is the responsibility of the applicant to notify the Board of Appeals staff in writing of the opening date. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to grant the special permit in accordance with Section 135-16 A, Table 1, Line B .12 to allow for outdoor seating. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to grant the special permits from Section 135-78 D to allow an externally lit sign and from Section 135-78 D to allow for awnings as shown on plans submitted with the application. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting February 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 2 Whitman Circle, Map 68, Lot 20 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 Conservation Administrator 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. Karl Damitz presented the petition for the owners of the property, Kathleen Cardona and Doug Kerr. The applicant is requesting a variance in accordance with section 135-35A to allow a front yard setback of 24.6 ft instead of the required 30 ft front yard setback. During his presentation he addressed the containment system drywell for all storm water run off. There was a comment from a Board member regarding making sure plantings do not go onto Town property. A discussion followed as to how the applicant should mark the rear of his lot line. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:19 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5-0 to approve a variance in accordance with section 135-35A to allow a front yard setback of 24.6 ft instead of the required 30 ft front yard setback. 2 BOA Meeting, February 10, 2011 On a motion by Martha C. Wood and seconded by David G. Williams the Board voted 5-0 to add the condition that the applicant install granite posts at least 8 inches high to mark the rear of the property line. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting February 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. 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 January 13, 2011. 2.The Board discussed a letter dated February 3, 2011 from Symmes Maini & McKee Associates regarding a minor revision to the Special Permit with Site Plan review issued March 11, 2010. They are requesting the name shown on the Definitive Site Development and Use Plan be changed from “Patriot Way” to “Shire Way”. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5-0 that this was a minor modification. Dianne Cornaro, Administrative Clerk Submitted by: