HomeMy WebLinkAbout2006-04-13-ZBA-min MINUTES of the Lexington Zoning Board of Appeals April 13, 2006
Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan
and Arthur C. Smith
Petition Address: 13 Essex Street
The Chairman opened the hearing reading a letter from the petitioner requesting the hearing to be
continued until May 25, 2006.
On a motion by Nyles Barnert and seconded by Arthur Smith, the Board voted to continue the
hearing until May 25, 2006.
April 13, 2006 Minutes 2
DRAFT MINUTES of the Lexington Zoning Board of Appeals April 13, 2006
Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan
and Arthur C. Smith
Petition Address: 12 Essex Street
The relief sought is for a variance from 135 -35, Table 2, Dimension Control of the Town of
Lexington Zoning By -laws to construct a retaining wall greater than six feet.
The Chairman opened the hearing at 7:45 PM by reading a letter from the applicant requesting
the hearing be continued until May 27, 2006.
On a motion by Nyles Barnert and second by Arthur Smith, the Board voted 5 -0 to continue the
hearing until May 27, 2006.
Submitted by: Dianne Cornaro, Clerk
April 13, 2006 Minutes 3
DRAFT MINUTES of the Lexington Zoning Board of Appeals April 13, 2006
Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan
and Arthur C. Smith
Petition Address: 94 Hartwell Avenue
The relief sought is for a special permit to allow a freestanding sign.
The Chairman opened the hearing at 7:47 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, Zoning
Enforcement Officer, Planning Board and the Design Advisory Committee. There was a
comment from the Conservation Administrator regarding the need for a Conservation Wetlands
Protection Act and Code permit. A letter suggesting modifications was received from the Design
Advisory Committee.
A letter of support was received from Mary Jo Bohart, Executive Director of the Lexington
Chamber of Commerce.
Richard Brackett, owner of the business, presented the petition. Mr. Brackett explained the need
for a larger sign due to visibility issues. The sign has been designed to look like a New England
stonewalls.
The Board had questions regarding the modifications suggested by the Design Advisory
Committee, the illumination of the sign and the island beautification signs.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 8:02 pm.
Discussion: The Board had no problem with the requested size of the sign as long as there
would be no internal illuminations. They agreed that an external light around the "Max Steins"
and ground spotlights would be appropriate. The Board discussed landscaping the island in the
driveway.
April 13, 2006 Minutes 4
Decision:
On a motion by Nyles Barnert and seconded by Arthur Smith, the Board voted 5 -0 to approve the
Special Permit for the signage with the condition that they would landscape the island in the
driveway and around the base of the sign.
April 13, 2006 Minutes 5
DRAFT MINUTES of the Lexington Zoning Board of Appeals April 13, 2006
Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan
and Arthur C. Smith
Petition Address: 5 Bennett Street
The relief sought is for a variance from By -Law Section 135 -29A (1) and 135 -35, table 2,
Dimensional Control to allow front set back of 26 -feet instead of the required 30 -feet and a side
set back of approximately 2 -feet, which is less than 50% of the required 12 -feet.
The Chairman opened the hearing at 8:02 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, Zoning
Enforcement Officer, Planning Board and the Design Advisory Committee. There were no
comments received.
Jeff Howry, owner of the property, presented the petition along with his architect, Bill
Turbill. His intension is to preserve and enhance the original building, remove porch and to
decrease the impact on the front. The proposed work includes new construction and renovation,
a small portion of which is located within the western boundary side yard setback. These
renovations require two variances.
The Board questioned what would be done with the original garage and stairs.
There were no questions from the audience.
No one spoke in favor or in opposition.
The hearing was closed at 8:25 pm.
Discussion:
Decision: On a motion by John McWeeney and seconded by Nyles Barnert, the Board approved
the variance to allow front set back of 26 -feet instead of the required 30 -feet and a side set back
of approximately 2 -feet, which is less than 50% of the required 12 -feet.