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HomeMy WebLinkAbout2011-07-28-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George 301 Massachusetts Avenue, Map 13, Lot 368 The Chairman read a letter from Attorney Edmund C. Grant, representing the applicant, Enterprise Rent-A-Car, requesting a postponement of this hearing until Thursday, September 8, 2011. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to grant the postponement until Thursday, September 8, 2011 Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George Petition Address: 50 Massachusetts Avenue, Map 13, Lot 12A Petitioner submitted the following with the application for hearing: nature and justification of request; topographic map; plot plan; floor plans; menu, parking rental agreement and a copy of the 2010 decision. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Health Director 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. Rony Sarker, owner of the Business presented the petition. The applicant is requesting a renewal for a special permit granted on February 11, 2010 to reduce parking by no more than 50 %. A member Board asked if the duration of the parking contract was month to month. The applicant responded that it was on-going from month to month. Another member was concerned that the building was not handicapped assessable and asked the applicant to speak with the building owner about updating the building to allow for handicapped accessibility. A Board member asked the Zoning Administrator, David George, to clarify the by law for the parking spaces requested and needed. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 7:42 pm. The Board discussed the length of the special permit renewal and determined it would be for as long as the applicant owned and operated the business. BOA Meeting July 28, 2011 3 On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to grant the special permit renewal to reduce parking by no more than 50 % for as long as the applicant owned and operated the business. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George Petition Address: 39 Bedford Street, Map 20, Lot 156 Petitioner submitted the following with the application for hearing: nature and justification of request and plot plan. 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 Director, the Historic Districts Commission Clerk, Comments were received from the Selectmen’s Office, Historic Districts Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:43 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Thomas Fenn presented the petition for the applicant, Bassam Issa, President of Lexington Auto Service, Inc. The applicant is requesting to sell a maximum of two vehicles from his service station. To sell vehicles, a special permit from the Table of Uses, Line 11.11 in accordance with § 135-11B is required. A Board member asked if the applicant needed to keep the snow plow on the lot the entire year. He will have the plow removed. The applicant was asked to clarify how many cars he would sell and how would the business work and if the hours of operation would change. The hours would stay the same at: 7: oo am thru 9:00 pm, Monday thru Friday; 7:00 am until 8:00 pm on Saturday and 8:00 am until 6:00 pm on Sunday. The Chairman asked if there would be car washing on the lot. The applicant said he sends the cars out to be detailed. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:53 pm. BOA Meeting July 28, 2011 5 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0, to grant the special permit from the Table of Uses, Line 11.11 in accordance with § 135-11B to allow to a maximum of two cars on the lot for sale as requested for a period of two years with the condition that there will be no change in hours of operation. This special permit will expire on July 28, 2013. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George Petition Address: 5 Harrington Road, Map 57, Lot 1 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; elevations; building plans and a copy of a Certificate of Use dated August 13, 1986. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, Historic District Commissions Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:55 pm by reading the legal notice and described information received from the petitioner relative to the petition. The owner of the property, Tom Fortmann, presented the petition. The applicant is requesting a special permit from section 135-19G to allow an accessory apartment and to allow expansion of a pre-existing non conforming structure. At the hearing the applicant presented a letter to the Board answering questions that were brought up by the Zoning Administrator and the Inter-departmental recommendations. The Board asked if the current use was a single or 2-family; asked for a clarification of a 2 family versus an accessory apartment and asked the applicant to clarify the size of the driveway. The applicant also asked for a clarification of the difference between 2 family or accessory apartment. The Zoning Administrator, David George, explained the by-law to the Board and the applicant. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:07 pm. BOA Meeting July 28, 2011 7 On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to grant a special permit from section 135-19 G to allow an accessory apartment and to allow expansion of a pre-existing non conforming structure. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George Petition Address: 71 Grant Street, Map 48, Lot 140 Petitioner submitted the following with the application for hearing: nature and justification of request, site plan and building 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 Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:08 pm by reading the legal notice and described information received from the petitioner relative to the petition. The owner of the property, Nicholas George, presented the petition. The applicant is requesting a special permit from section 135-32C to allow reconstruction after destruction of a non conforming structure. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to this petition. The Chairman closed the hearing at 8:10 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to grant a special permit from section 135-32C to allow reconstruction after destruction of a non conforming structure. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George Petition Address: 441 Bedford Street, Map 84, Lot 7 The Chairman read a letter from the applicant, William Gee requesting a postponement of this hearing until Thursday, October 27, 2011 while he addresses Conservation issues. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to grant the postponement until Thursday, October 27, 2011 and to grant the extension to the constructive grant deadline to December 27, 2011. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, David G. Williams, Carolyn C. Wilson, Martha C. Wood and Associate Member Nancy M. Adler. Staff Present: Dianne Cornaro, Administrative Clerk and Zoning Administrator, David George Petition Address: 3 Forbes Road, Map 43, Lot 9D Petitioner submitted the following with the application for hearing: nature and justification of request, plot plan; locus plan; existing conditions plan; layout and parking plans; proposed site plan; proposed utility plan; detail sheet; site plan and parking summary; lower level plan and elevations; upper level plan and elevations and light plan. Also received was a copy of the filed decision of May 26, 2011 waiving the required traffic study. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner; Conservation Administrator, Engineering, the Health Director, the Planning Director, the Selectmen’s office and the Zoning Administrator. The Chairman opened the hearing at 8:12 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney John Farrington presented the petition for the applicant and tenant, MIT Lincoln Labs. The owner of the building is the Bulfinch Company. The Lead Engineer for the project, William Panasuik and Robert Schlager, President of Bullfinch Companies, were also present at the hearing. The applicant is requesting A SPECIAL PERMIT WITH SITE PLAN REVIEW in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-71 B, 135-12 and 135-73 to allow construction of a single story parking structure and 2 VARIANCES from section 135-35A, Table 2, Schedule of Dimensional Controls to allow: 1) A front yard setback of 20 ft 2 inches instead of the required 100 ft and 2) A 29 ft 1 inch side yard setback instead of the required 50 ft side yard setback at 3 Forbes Road. Attorney Farrington presented a handout to the Board with an aerial photograph and additional layout information. He described the proposed project; his meeting with the Conservation Administrator, Karen Mullins and the Traffic Management Plan to the Board. The Chairman asked Attorney Farrington what would happen to the portion of the parking lot that is not covered with the building and asked about the utility easement. A Board member asked if there would be a cat walk from the parking structure; to clarify what relief they needed and asked about snow removal. BOA Meeting July 28, 2011 11 There was a discussion between the Board and the applicant regarding the Traffic Demand Management Program. John Sisk, owner of Marwick Associates and the adjacent building questioned the need for the additional parking spaces and his concern for more congestion in the area. There was an additional discussion with the Applicant, the Board members and Mr. Sisk regarding the structure size, snow removal, building occupancy and where the structure would be. No one spoke in favor or in opposition to the petition. The hearing was closed at 9:18 pm. The Board had a discussion on snow removal and conditions that should be included in the decision. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve the SPECIAL PERMIT WITH SITE PLAN REVIEW in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-71 B, 135-12 and 135-73 to allow construction of a single story parking structure as per plans submitted with the following conditions: 1.A snow removal plan shall be submitted to the Zoning Administrator, David George. 2.The applicant shall create a Parking and Transportation Demand Management Plan (PTDM) in a form similar to the sample PTDM Plan (101 Hartwell Avenue) distributed to the Board as part of its deliberations subject of this decision. The PTDM plan shall be submitted to the Zoning Administrator on behalf of the Board of Appeals. The initial st PTDM Plan shall be submitted by the first July 1 after an occupancy permit has been issued for the garage. Subsequent updated PTDM plans shall be required to be st submitted by July 1 year-to-year thereafter. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve 2 VARIANCES from section 135-35A, Table 2, Schedule of Dimensional Controls to allow: 1) A front yard setback of 20 ft 2 inches instead of the required 100 ft and 2) A 29 ft 1 inch side yard setback instead of the required 50 ft side yard setback at 3 Forbes Road. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting July 28, 2011 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 28, 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 Zoning Administrator, David George Other Business: On a motion from Martha C. Wood and seconded by David G. Williams, the Board voted 5-0 to accept the minutes of July 14, 2011. There was no other business. Dianne Cornaro, Administrative Clerk Submitted by: