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HomeMy WebLinkAbout2011-12-08-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 8, 2011 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 187 Woburn Street, Map 47, Lots 12 and 13 Petitioner submitted the following information with applications for two hearings: nature and justification of request; topographic plan; recorded plan; copies of 3 deeds, will of Ms. Barbara Handley and a request to waive the plot plan requirement for this petition. 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, the Planning Director and the Zoning Administrator. The Chairman opened the hearings at 7:30 pm by reading the legal notice and described information from the petitioner relative to two separate petitions submitted for 187 Woburn Street. One of the applications, filed on October 18, 2011, for a variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a minimum lot area of 9, 390 sq. ft. instead of the required 30,000 sq. ft. had been postponed from the November 10, 2011 meeting. In other petition, filed on November 10, 2011, the applicant is requesting another variance from section 135-35, Table 2 of the Schedule of Dimensional Controls to allow a minimum lot frontage of 75 ft instead of the required 150 ft minimum lot frontage. The applicant is also requesting permission to waive the plot plan requirements. Attorney Thomas Fenn presented the petitions for the estate of Barbara Handley by describing to the Board the history of the combined lots and Ms. Handley’s desire to donate one of the lots to the Lexington Conservation Commission. One of the Board members questioned as to why the estate wasn’t looking for an easement for Conservation. The Attorney replied that the will was specific to Ms. Handley’s wishes. Another Board member wanted to make sure the Conservation Commission had expressed an interest in the lot in question. There was a discussion about a water facet that looked like a structure and the generosity of Ms. Handley to protect the wetlands. There were no questions from the audience. BOA Meeting December 8, 2011 2 No one spoke in favor or in opposition to the petitions. The hearings were closed at 7:47 pm On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the plot plan requirement from the Board’s Rules and Regulations, section 138-9. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0, to grant the following two VARIANCES, from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-35A, Table 2: Schedule of Dimensional Controls and section 135- 10B: 1.A VARIANCE to allow lot area of 9,390 sq. ft. instead of the required lot area of 30,000 sq. ft.; and 2.A VARIANCE to allow frontage of 75 ft. instead of the required frontage of 150 ft. subject to the following conditions: a.The rear lot shall be an unbuildable lot; and b.If the rear lot is not accepted by the Town of Lexington Conservation Commission within one year of the date of this decision, then the applicant will be responsible for placing a conservation restriction on the rear lot. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting December 8, 2011 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 8, 2011 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1707 Massachusetts Avenue, Map 48, Lot 102 Petitioner submitted the following information with applications for two hearings: nature and justification of request; plot plan; floor plans, sign plans and menu. 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, the Selectmen’s Office, Historic Districts Commission Clerk and the Zoning Administrator. The Chairman opened the hearings at 7:47 pm by reading the legal notice and described information from the petitioner relative to two separate petitions submitted for 1707 Massachusetts Avenue. One of the applications, filed on October 18, 2011, for a special permit from section 135-16, line 9.12, Table 1 of the Development Standard to allow a fast food or take out food service serving yogurt and having 6 seats had been postponed from the November 10, 2011 meeting. In other petition, filed on November 10, 2011, the applicant is requesting: 1) A variance from section 135-64A to allow 2 parking spaces instead of the required 5 parking spaces; and 2) A special permit from section 135-78D for more or larger signs than are permitted. The applicant is also requesting permission to waive the plot plan requirements. Attorney Thomas Fenn representing the applicant, Feng Chen of Fruitee Yogurt presented the petition by explaining the business location and the nature of the business. Mr. Chen, Sam S. Ibrahim of Edison Way Trust and Grant Gau of Excel Signs also attended the hearing. A Board member asked for clarification as to how many employees Mr. Chen will have. He is planning 2 additional employees besides himself, will have 12 seats and will be opened seven days a week from 11:00 am until 9:30 pm. There were no audience questions. No audience member spoke in favor or in opposition to the petition. The hearing was closed at 7:56 pm. BOA Meeting December 8, 2011 4 On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board voted 5-0 to waive the plot plan requirement from the Board’s Rules and Regulations, section 138-9. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5-0 to grant a SPECIAL PERMIT from Ch. 135 of the Code of Lexington (Zoning Bylaw) to allow a fast fast-food service in accordance with section 135-16A, Table 1: Schedule of Permitted Uses and Development Standards, Line 9.12 and section 135-1 for a period of one year from the date of the opening. It shall be the responsibility of the applicant to notify the Board of Appeals Clerk of the date of the opening. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a VARIANCE to allow 2 parking spaces instead of the required 5 parking spaces in accordance with § 135-64A and § 135-10B. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5-0 to grant A SPECIAL PERMIT to allow more or larger signs in accordance with section 135-78D and section 135-11B for the following signs: a. An 8 sq. ft. projecting sign instead of the maximum allowed 6 sq. ft. sign: and b. Two 2 ft. by 4 ft. banner signs, one banner sign located on the front and one banner sign located on the rear of the building, subject to the following condition: The banner signs shall be removed within 1 month of store opening. The applicant shall provide to the ZBA, through the Building Division, notice of the opening date. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting December 8, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 8, 2011 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 915 Waltham Street, Map 10, Lot 15 Petitioner submitted the following information with application: nature and justification of request; sign plans and letter from the Sign Permit Consultant. 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 and the Design Advisory Committee. Comments were received from the Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:56 pm by reading the legal notice and described information from the petitioner relative petition submitted for 915 Waltham Street. Heather Hopkins Dudko presented the petition for the applicant JMD Donuts/Dunkin Donuts. The applicant is requesting 3 SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-78-D, 135-75A, 135-77 A (1) (a), 135-77 (1) (c) to allow the following relief: 1) An internal illumination for a wall sign; 2) Allow more than one wall sign; and 3) to allow signs to be more than 3 ft in height. A Board member asked the Zoning Administrator if this use operates under the same special permit as the gas station. The Zoning Administrator told the member a donut shop is an allowable use. There were no audience questions. No audience member spoke in favor or in opposition to the petition. The hearing was closed at 8:09 pm. Decisions: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the plot plan requirement from the Board’s Rules and Regulations, section 138-9. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to approve the following relief from Ch. 135 of the Code of Lexington (Zoning Bylaw) as recommended by the Design Advisory Committee: BOA Meeting December 8, 2011 6 1.) A SPECIAL PERMIT to allow more signs than allowed by right in accordance with § 135- 78D and § 135-11; 2.) A SPECIAL PERMIT to allow larger signs than allowed as of right in accordance with § 135-78D and § 135-11B. The above zoning relief is granted subject to the following conditions: a)One non-internally illuminated Dunkin Donuts wall sign, with maximum dimensions 3 ft. by 6 ft., shall be allowed on the face of the building facing Waltham Street in the location shown on the plan entitled, DD Lexington 915 Waltham St. wall sign,” dated 11-02-11 D1.25. b)The sign referenced in A above may be located on a panel, with the panel not to extend more than 3 in. from the wall face. c)One non-internally illuminated Dunkin Donuts wall sign, with maximum dimensions of 9 ft. by 4 ft. 10 in. shall be allowed on the face of the building facing Concord Avenue in the location shown on the plan entitled, “DD Lexington 915 Waltham St. wallcup,” dated 11-02-11 D.75. The sign referenced in C above may be located on a panel, with the panel not to extend more than 3 in. from the wall face. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting December 8, 2011 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 8, 2011 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 42 Cliffe Avenue, Map 20, Lot 155 The Chairman read a request from Jan Brenner wishing to withdraw the petition filed on November 10, 2011 for 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow 1.) A VARIANCE from the rear yard setback of 5.91 ft instead of the required 15 ft and 2.) A VARIANCE from the front yard setback of 18 ft instead of the required 30 ft. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to accept the withdrawal for the petition without prejudice. BOA Meeting December 8, 2011 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 8, 2011 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 675 Waltham Street, Map 16, Lot 9 Petitioner submitted the following information with the application: nature and justification of request; plot plan; lighting plans, a lighting proposal and a petition signed by over 1100 members in favor of the sign plans and menu. A letter in opposition was received from Armando Mancini of 673 Waltham Street. 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 and the Zoning Administrator. The Chairman opened the hearings at 8:09 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting to renew and Modify 2 conditions that would permit additional lighting and modify hours of operation to an existing special permit and a SPECIAL PERMIT in accordance with the Zoning By-Law sections 135-85 and 135-84B to allow modification of a lighting provision Attorney Edmund Grant representing the applicant, the Carroll Brothers dbs Stone Meadow Golf presented the petition by explaining the requested modifications to the lighting. Also attending and speaking during the presentation were the owner of the property, John Carroll, Steve Corr, Manager of the Golf Course and a lighting consultant, Lisa Zidel. Board members asked what the height of the lights presently are and if the proposed changes would affect the traffic along Waltham Street. There was a discussion as to what the changes would be, where the lighting would be directed, times they would be on, the impact of these changes on the abutters and if the previous special permit’s conditions have been met. There were no audience questions. No audience member spoke in favor of the petition. Armando Mancini of 673 Waltham Street spoke in opposition to the petition. The hearing was closed at 8:34 pm. BOA Meeting December 8, 2011 9 Decisions: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the following relief from Ch. 135 of the Code of Lexington (Zoning Bylaw): 1.) Modifications to Condition 1 and Condition 8 of the previously approved decision; 2.) A SPECIAL PERMIT to allow to allow a privately owned for-profit recreational facility for golf consisting of a par 3 course and a driving range under § 135-16A, Table 1: Schedule of Permitted Uses and Development Standards, Line 4.11 in accordance with § 135-11 subject to the following conditions: a)Permitted hours of operation are 7:00 AM to 9:00 PM seven days a week. b)The site development will be as shown on the plan prepared by Clifford Prentiss, L.A., latest revision 2-19-99, except that it is subject to any conditions imposed by the Conservation Commission including the possibility of retention ponds. c)The recreation golf facility will be developed for the two recreational golf uses shown on the plan and for no other purposes. d)There will be no miniature golf, no video golf, or any uses other than those listed in Condition #3. e)All vehicles and equipment associated with the golf facility shall be located on site. f)There shall be no construction equipment, including the former fire engine, on site unless actively engaged in improving and maintaining the facility. g)There shall be no off-site parking on Waltham Street. h)There shall be no lighting of the facility other than security lighting in the service building and driving range lights. Patrons using the driving range may hit balls no later than 9:00 PM. driving range lights may be uses only for maintenance and ball retrieval between the hours of 9:00 PM and 10:00 PM. The driving range lights shall be extinguished by 10:00 PM. i)The sign shall not be illuminated. j)There shall be no lights on the golf course. k)The fence between the parking lot and the abutting lot shall be reconstructed so as to prevent vehicular traffic between the two lots. l)Two toilets will be provided for public use. m)No more than two vending machines will be provided for dispensing of soft drinks, water and snacks. BOA Meeting December 8, 2011 10 n)Applicant will maintain the 61B-exemption classification as recreation land on the property. o)This special permit is granted for five years. This permit will expire on January 31, 2015. p)Applicant shall provide copies of Certificates of Compliance from the Conservation Commission for all outstanding Orders of Conditions on this site for development of this facility. 3. A SPECIAL PERMIT to allow modifications of the Zoning Bylaw Lighting Provisions in accordance with § 135-85 and § 135-11 subject to the following condition: a)The lighting shall be designed in accordance with the Lighting Plan, entitled “Stone Meadow Golf, Photometrics” by Lisa Zidel, dated 9/25/11. BOA Meeting December 8, 2011 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 8, 2011 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted to approved the minutes of September 22, 2011, October 13, 2011 and October 27, 2011. Carolyn C. Wilson reported back to the Board that she and David G. Williams attended a meeting with the Planning Board to discuss upcoming zoning changes that will be presented to Town Meeting.