2007-04-26-ZBA-min - Laserfiche WebLink

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April 26, 2007 Minutes 4 Minutesof the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 482 Bedford Street The relief sought is to appeal a decision of the Zoning Administrator in a letter dated January 23, 2007 in accordance with section 135 -10 A of the Code of the Town of Lexington. The Chairman opened the hearing at 8:05 pm by reading the legal notice and described information received from the petitioner relative to 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, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Dean Blackburn of G. Green Construction Company presented the petition for the Children's Hospital Lexington. The petitioner proposes to locate a sculpture, known as the "Nevergreen Tree ", by the sign at the main entrance to the facility. The Zoning Administrator, David George, determined that, under the by -law as it now stands, any use, structure, operation or activity not expressively permitted by this By -Law (Chapter 135 of the Lexington Code) or not accessory to a permitted use, structure, operation or activity is a prohibited use. The Board asked if other locations for the sculpture had been considered. The Board questioned as to whether this sculpture would be a distraction to motorists. It was also asked about how the sculpture moves and if they had talked with the Design Advisory Committee. The Board requested the applicant talk with the Hospital and the Design Advisory Committee regarding a different location for the sculpture. There were no questions from the audience. No one spoke in favor or in opposition of the petition. On a motion by Nyles Barnert and seconded by Judy Uhrig, the Board voted 5 -0 to continue the hearing until June 14, 2007.