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HomeMy WebLinkAbout2011-02-24 ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson, and Associate Members Nancy M. Adler and Marilyn Kolb. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 40 Waltham Street, Map 48, Lot 36A, Unit 4 Petitioner submitted the following with the application for hearing: nature and justification of request; site plan; sign plans and photographs. 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 Historic Districts Clerk and 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. Ken Duval of Duval Sign Company presented the petition for the owner of the business, Clara Paik. 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 applicant explained they are requesting a second sign in Korean be put up in front of their location. Many of their prospective customers are Korean and do not speak English. They have received approval for this sign by the Historic District Commission. A Board member asked if she had one or two units in the building. She occupies one unit only. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:34 pm. On a motion by Carolyn C. Wilson and seconded by Nancy M. Adler, the Board voted 5-0 to grant the special permit in accordance with section 135-78D to allow for more or larger signs than are permitted by right. Dianne Cornaro, Administrative Clerk Submitted by: BOA Minutes February 24 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson, and Associate Members Nancy M. Adler and Marilyn Kolb. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 315 Marrett Road, Map 32, Lot 56 The Chairman read a letter from Steve Cao of Formosa Taipei, requesting to withdraw his application without prejudice due to the change in the Lexington By-Law which makes his establishment allowable by right and therefore making the renewal not needed. On a motion by Carolyn C. Wilson and seconded by Marilyn K. Kolb, the Board voted to accept the withdrawal without prejudice. Dianne Cornaro, Administrative Clerk Submitted by: BOA Minutes February 24, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson, and Associate Members Nancy M. Adler and Marilyn Kolb. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1841 Massachusetts Avenue, Map 49, Lot 8A Petitioner submitted the following with the application for hearing: nature and justification of request; floor plans; a letter from Attorney Thomas Fenn dated February 21, 2011 with additional information and a letter from building owner dated February 21, 2011 with his authorization for the renovations. 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 Building Commissioner, the Health Director, the Planning Director and 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. Attorney Thomas Fenn, presented the application for the owner of Via Lago, Alan Jick, who wishes to add 32 seats to the back half of the unit which is presently occupied by Fancy Flea Antiques. The applicant is requesting a special permit in accordance with section 135-64 to allow 0 parking spaces instead of the 7 required spaces. A Board member asked for clarification as to how the units would be split with the stairs to the basement and the storage in the basement. The Chairman asked would Fancy Flea be giving up any spaces to them; would Via Lago be adding more help and where do the employees park. They may add one more waitress and employees park in the municipal parking lot. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:50 pm. BOA Meeting, February 24, 2011 Decision: On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to approve the variance in accordance with section 135-64 to allow 0 parking spaces instead of the 7 required parking spaces at 1841-1845 Massachusetts Avenue. Dianne Cornaro, Administrative Clerk Submitted by: BOA Minutes February 24, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson, and Associate Members Nancy M. Adler and Marilyn Kolb. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Other Business: 1.On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to approve the minutes of February 10, 2011. . Dianne Cornaro, Administrative Clerk Submitted by: