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HomeMy WebLinkAbout2012-02-09-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 22 Forest Street, Map 49, Lot 59 Petitioner submitted the following information with 2 applications: nature and justification of request, topographic plan, plot plan, elevations, floor plans and letters from 6 abutters in support of the 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 Building Commissioner, the Planning Director and the Zoning Administrator. The Chairman opened the hearings at 7:30 pm by reading the legal notices and described information received from the petitioner for both applications. The applicant is requesting the following relief: 4 VARIANCES from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) with section referenced below: 1. Variance from section 135-35A: Table 2: Schedule of Dimensional Controls to allow a rear yard setback of 7.2 ft. instead of the required 15 ft. 2. Variance from section 135-35A: Table 2: Schedule of Dimensional Controls To allow a 15.4 ft. side-yard setback instead of the required 20 ft. side yard setback for a corner lot; 3. Variance from section 135-35A: Table 2: Schedule of Dimensional Controls To allow 34% site coverage instead of the required 15% maximum site coverage; 4. Variance from section 135-19D to allow 6,520 sq. ft. minimum lot area instead of the required 15,500 sq. ft. 2 SPECIAL PERMITS from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) with section referenced below: 1. Special Permit section 135-19G from section 135-19G to allow expansion or change of a preexisting non-conforming two-family dwelling. BOA Meeting February 9, 2012 2 Special Permit 2. from section 135-37B to allow vehicular access from the non- frontage street Davis Barone, owner of the property, presented the petition to remove the existing garage and rebuild a garage that will be more conforming to present by-laws. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:37. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the following relief as per plans submitted with the applications: 1. Variance from section 135-35A: Table 2: Schedule of Dimensional Controls to allow a rear yard setback of 7.2 ft. instead of the required 15 ft. 2. Variance from section 135-35A: Table 2: Schedule of Dimensional Controls To allow a 15.4 ft. side-yard setback instead of the required 20 ft. side yard setback for a corner lot; 3. Variance from section 135-35A: Table 2: Schedule of Dimensional Controls To allow 34% site coverage instead of the required 15% maximum site coverage; 4. Variance from section 135-19D to allow 6,520 sq. ft. minimum lot area instead of the required 15,500 sq. ft. 5. Special Permit section 135-19G from section 135-19G to allow expansion or change of a preexisting non-conforming two-family dwelling. Special Permit 6. from section 135-37B to allow vehicular access from the non- frontage street Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 9, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 40 North Street, Map 76, Lot 15 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, floor plans and 3 letters of support from abutters. 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 Health Director and the Zoning Administrator. The Chairman opened the hearings at 7:39 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A , Table 2, Schedule of Dimensional Controls to approve a front yard setback of 23.2 ft instead of the required 30 ft front yard setback to replace entrance stairs. Akhil Garlapati and Daniela Rohne-Garlapati, owners of the property, presented the petition. Board members asked if the petitioner had resolved Conservation issues; if they needed to file with the Town of Burlington and asked if they had talked with the Health Director. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:47 pm. On a motion by Martha C. Wood and seconded by Nancy M. Adler, the Board voted 5- 0 to approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to approve a front yard setback of 23.2 ft instead of the required 30 ft front yard setback to replace entrance stairs with the condition that the petitioner received approval from the Conservation Administrator and the Health Director before any work is begun. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 9, 2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 121 Marrett Road, Map 31, Lot 60C Petitioner submitted the following information with the application: nature and justification of request; plot plan; 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 Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:48 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting a variance from section 135-19C and section 135-10B to allow an accessory apartment with 2,139 sq. ft. living area instead of the maximum allowed 1,000 sq. ft. Thomas Cataldo and Richard DeAngelis, trustees of the property, presented the petition. Also attending the hearing was Robert Cataldo and his daughter Jackie. One of the Board members asked who would be living in the apartment (Mr. Cataldo’s father) and commented that he thought this was an excellent use and spoke in support for the petition. There were no questions from the audience. William Dailey of 114 Marrett Road and Rick DeAngelis of 121 Marrett Road spoke in support of the petition. No one spoke in opposition to the petition. The hearing was closed at 7:56 pm During Board discussions a motion was made by Martha C Wood suggesting a condition for the accessory apartment. After more discussion Ms. Wood withdrew the motion with a condition and made the following motion: BOA Meeting February 9, 2012 5 Decision: On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5-0 to grant to GRANT a VARIANCE, from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-19C (3) with section 135-10B to allow a by-right accessory apartment with 2,139 sq. ft. living area instead of the maximum allowed 1,000 sq. ft. at 121 Marrett Road. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 9, 2012 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1690 Massachusetts Avenue, Map 48, Lot 31 Petitioner submitted the following information with the application: nature and justification of request; plot plan; 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 Director and the Historic Districts Commission Clerk. Comments were received from the Historic Districts Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:00 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting a special permit to allow more signs than allowed by-right in accordance with § 135-78D and § 135-11; Kevin Latady of Latady Design presented the petition for the owner of the Building, Turtle Bay Limited Partnership. Mr. Latady described the proposed plans for the signage for the Vinebrook Building. One of the Board members asked if the petitioner was looking for the signs to identify the building or the businesses. Another Board member asked if it was necessary to have 2 identifying signs which were followed by a discussion of the on-going problem of identifying that the parking lot is not a public parking lot. There was a concern from the board of having so many “not so friendly” signs. There was also a concern about the exit driveway and a suggestion was made to talk with the building owner about safety issues. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:18 pm BOA Meeting February 9, 2012 7 On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to approve a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) section 135-78D and section 135-11 to allow for more or larger signs than allowed by-right at 1690 Massachusetts Avenue. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 9, 2012 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 46C Bedford Street, Map 57, Lot 14A Petitioner submitted the following information with the application: nature and justification of request; site plan; elevations; floor plans; photographs; A letter from the landlord dated October 26, 2011; a letter in support from Attorney Edmund Grand and parking calculations. 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, the Historic Districts Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:19 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting a special permit in accordance with section 135-16A,Table 1: Schedule of Permitted Uses and Development Standards, Line 9.12 to allow a fast food service; Odoba Mexican Grill. Attorney Edmund Grant presented the petition for the petitioner, Joseph Dick. Daniel Yu, owner of the property, also attended the hearing. Attorney Grant described the proposed establishment as a “fast casual” dining experience serving fresh, daily prepared Mexican specialty food. Although the primary use is for meals consumed on the premises, there is also a take out use. One of the Board members asked how the odors of the restaurant would be controlled and how often are deliveries. Also asked was if they were going to have a liquor license (no); would they have designated parking spaces for take out service; do they re-cycle; how large are the deliver trucks that will be used; is the store corporate owned and how many employees will there be (no more than 15/5 per shift). There were no questions from the audience. No one spoke in favor or in opposition to the petition. BOA Meeting February 9, 2012 9 The hearing was closed at 8:27 pm On a motion by Martha C. Wood and seconded by Leo P. McSweeney, 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 135-11 subject to the following condition:  The term of the permit shall be for one year from the date of store opening. It shall be the responsibility of the applicant to notify the Board in writing, through its Zoning Administrator of the date of store opening. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 9, 2012 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1726 Massachusetts Avenue, Map 48, Lot 33 Petitioner submitted the following information with the application: nature and justification of request; plot plan; site plan; floor plans; photographs; copy of lease and a letter in support from Attorney Edmund Grant. 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 Historic Districts Clerk, the Selectmen’s Office, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 8:28 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. Special Permit from section The applicant is requesting a 135-16A,Table 1: Schedule of Permitted Uses and Development Standards, Line 9.12To allow a fast- Variance from section food use and a 135-64A to allow 2 parking spaces instead of the required 10 parking spaces Attorney Edmund Grant presented the petition for the petitioner, James Berberian of Orange Leaf of Lexington LLC. Attorney Grant explained the applicant seeks to open a frozen yogurt store in the space recently vacated by Nikki’s Liquor. The concept of the store features flexibility, choice and self service in the sake if frozen yogurt. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:35 pm BOA Meeting February 9, 2012 11 On a motion by Martha C. Wood and seconded by Leo P. McSweeney, 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- 11 subject to the following condition:  The term of the permit shall be for one year from the date of store opening. It shall be the responsibility of the applicant to notify the Board in writing, through its Zoning Administrator of the date of store opening. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a VARIANCE to allow 10 parking spaces instead of the required 2 parking spaces in accordance with § 135-64A and § 135-10B. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 9, 2012 12 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 9, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1. Jerry Michaelson from the Center Committee spoke with the Board regarding an article going before the Town Meeting regarding parking in the Center. No action of the Board was needed. 2. One of the Board members brought up discussion on the length of time that is given for the first renewal for Special Permits. It was tabled until the next meeting when the Chairman of the Board will be back. 3. On a motion by Leo P. McSweeney and seconded by Martha C Wood, the Board voted 4-0 to approve the January 12, 2012 minutes. Submitted by: Dianne Cornaro, Administrative Clerk