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HomeMy WebLinkAbout2012-02-23-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 23, 2012 Board Members Present: Chairman – 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: 442 Marrett Road, Map 33, Lot 82 Petitioner submitted the following information with the application: nature and justification of request, plot plan, sign plan, elevations and photograph. Before the hearing a letter of support was received from Mary Jo Bohart, Executive Director of the Lexington Chamber of Commerce in support of the renewal. 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 hearings at 7:30 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a Special Permit Renewal to allow continued placement of a temporary sandwich promotional board sign in front of her business. Kim Prough, owner of the Business, MPG Fitness DBA Get in Shape for Women, presented the petition. With Ms. Prough was Caryl Delugy, Manager of the Center. At the hearing Ms. Prough presented the Board with a petition signed by 53 people in favor of the signage. A Board member asked if the sign has helped her business. Ms. Prough felt there had been at least a 10 to 15% increase in her business. The Board also asked why the sign was left on the porch at night; the applicant told the board that it was heavy but agreed to bring it in or more to the side of the building. One of the Board members asked the Ms Prough if she had heard of any opposition to the sign. She explained that she and the landlord have had personal disagreements but that it is in her lease that she is allowed to have additional signage. There were no questions from the audience. Before the hearing a letter of support was received from Mary Jo Bohart, Executive Director of the Lexington Chamber of Commerce in support of the renewal. BOA Meeting February 23, 2012 2 A letter of concern was received from the Landlord, Dean H. Curtin and a letter of opposition was received from Mark Duffy of 46 Spring Street. Mark Duffy of 46 Spring Street spoke in opposition to the petition. The hearing was closed at 7:39. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant the renewal of the special permit for the temporary sandwich board sign until the end of the present lease with the condition that the sign is to be brought in and not left on the porch when the facility is not open. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 23, 2012 3 DRAFT Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 23, 2012 Board Members Present: Chairman – 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: 46 C Bedford Street, Map 57, Lot 14A Petitioner submitted the following information with the application: nature and justification of request, site plan, sign plans, elevations 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 Director and the Historic Districts Commission Clerk. Comments were received from the Health Director, the Selectmen’s Office, the Historic Districts Commission clerk and the Zoning Administrator. The Chairman opened the hearings at 7:40 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a Variance from section 135-78D and 135-77 to allow for more or larger signs than are permitted. Jeff Kwass of Viewpoint Signs presented the petition for Joseph Dick, owner of the business, Qdoba Mexican Grill. A Board member asked the petitioner what time the lighting for the signs would be turned off and the Board had a discussion with the applicant for the reason for the amount of signs on the building. There was also a discussion as to whether the Cactus sign in the building was located near a window and if the 2 interior window displays are lit. Most of the Board felt that the plans showed too many signs. The Zoning Administrator, David George, was asked by the Chairman about the signs in the window. He had replied that this application only addressed the three signs on the outside of the building. If the applicant wants to light the 2 window display signs then he would need to come back before the Board to get an additional special permit. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:49 pm. BOA Meeting February 23, 2012 4 On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to approve a Special Permit in accordance with section 135-78D to allow the wall signs as submitted in the plans; with the exception of the cactus sign in the middle of the façade, with the following condition: 1. The lighting shall be off at 11:00 pm or when the business is closed. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 23, 2012 5 DRAFT Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 23, 2012 Board Members Present: Chairman – 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: 44 Bridge Street, Map 33, Lot 31 Petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan; elevations; floor plans; photographs and a letter from the applicant with the existing and proposed house dimensions. 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 7:49 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting a special permit from section 135-19D to allow a special permit accessory apartment. David Anderson, owner of the property presented the petition. Attending with Mr. Anderson was his architect Tom Rose. Mr. Anderson submitted to the Board a petition signed by 8 abutters in favor of the petition. A Board member asked who would be living in the accessory apartment. (The applicant’s father will be living there.) Another Board member asked about the plans for the garage. There were no questions from the audience. No one spoke in favor or in opposition to the petitions. The hearing was closed at 7:54 pm BOA Meeting February 23, 2012 6 Decision: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant the SPECIAL PERMIT, from section 135-19D to allow an accessory apartment. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 23, 2012 7 DRAFT Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall February 23, 2012 Board Members Present: Chairman – 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: 1) On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted to approve the minutes of January 26, 2012. 2) The Board had a discussion on how long should be given before the first renewal for Special Permits. Currently the Board has been giving 1 year renewal dates. Members of the Board felt that was to short of a time to give the applicants to get their businesses off the ground. They agreed that giving the applicant either 2 or 3 years for the first renewal and then going to either 5 years or until the end of the lease would be more fair. Submitted by: Dianne Cornaro, Administrative Clerk