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HomeMy WebLinkAbout2006-08-10-ZBA-min MINUTES of the Lexington Zoning Board of Appeals August 10, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Arthur Smith and Associate Leo McSweeney Petition Address: 12 Theresa Avenue The relief sought is for a Special Permit from Section 135 -32 to allow replacement of a shed within setback requirements. The Chairman opened the hearing at 7:45 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 Development Review Team. No Comments were received. Frederick Stubbs and Kathy Solomon, owners of the property, presented the petition explaining the existing 8 x 10 shed is deteriorating and they would like to replace it in the same spot which is within the set back requirements. The Board questioned if the neighbors had been told about the shed replacement and if there were any comments. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Hearing was closed at 7:49 On a motion by Arthur Smith and seconded by Leo McSweeney the board voted 5 -0 to grant the VARIANCE to allow the replacement of the 8 x 10 shed in the same spot. August 10, 2006 Minutes 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 10, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Arthur Smith and Associate Leo McSweeney Petition Address: 7 Hartwell Avenue The relief sought is for a Special Permit from Section 135 -77 (3) of the Town of Lexington By- Laws to install a free standing non - illuminated sign. The Chairman opened the hearing at 7:50 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. A memorandum was received from the Design Advisory Committee with design recommendations. Attorney Patricia Nelson, representing the Lawyers in the building, presented the petition. They are seeking to install a freestanding non - illuminated sign in front of their offices at 7 Hartwell Avenue. A picture of the building was added to the file at the hearing. The Board questioned having two free standing signs on the same property and determined the word "establishment" referred to "business" and therefore would be allowed under Section 135- 77 A (3) in the Lexington By -Laws. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Hearing was closed at 8:04 pm. On a motion by Nyles Barnett and seconded by John McWeeney the board voted 5 -0 to grant the Special Permit to allow a second free standing non - illuminated sign at 7 Hartwell Avenue. August 10, 2006 Minutes 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 10, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Arthur Smith and Associate Leo McSweeney Petition Address: 74 Valleyfield Street The relief sought is for a Variance from section 135 -67 of the Lexington By -Laws to allow an existing driveway to be closer to the side lot line than the required five feet. 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, Zoning Enforcement Officer, Planning Board and Selectmen's Office. No Comments were received from any Board, Department or Commission. There were three letters received in support of the driveway from: George and Mary Pierce, 63 Valleyfield Street, Christopher and Rebecca Winters, 69 Valleyfield Street and David and Irina Suconik, 78 Valleyfield Street. A letter of opposition was received from Bob Tracy of 72 Valleyfield Street. Attorney Patricia Nelson, representing Paula and Gary Ganzi, presented the petition. The Board discussed the problems of parking with narrow lots, the similar neighborhood driveways and questioned their willingness to extend the back fence to help allay some of their neighbors concerns. There were no questions from the audience. No one spoke in favor of the petition. Bob Tracy of 74 Valleyfield Street commented on his concerns with the driveway being so close to his property. Catherine Hopper of 50 Valleyfield Street thinks the Board should adhere to the By -Law. Hearing was closed at 8:34 pm. August 10, 2006 Minutes 4 Discussion: The Board discussed the location of other driveways in the neighborhood and the problems of trying to fit driveways into narrow lots. They felt the request for a fence to be installed between 72 and 74 Valleyfield Street was reasonable and should be added as a condition of the variance. On a motion by John McWeeney and seconded by Leo McSweeney the board voted 5 -0 to grant the VARIANCE to allow the driveway to be closer to the side lot line than the required five feet with the condition that the owners of the property shall extend the existing fence along the driveway, using the same design, material and height of the existing fence, to the front to line up with the street end of the recently installed stone wall. August 10, 2006 Minutes 5 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 10, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Arthur Smith and Associate Leo McSweeney Petition Address: 727 Marrett Road The relief sought is for a Special Permit with site plan review to allow construction of an extended stay facility by Westin Hotels approved by the2006 Annual Lexington Town Meeting. The Chairman opened the hearing at 7:45 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, Selectmen's Office and The Design Advisory Committee. Letters dated July 19 and August 10, 2006 from the Planning Department, Letter dated April 2, 2006 from the Selectmen, Letters from the Design Advisory Committee dated April 2, and August 10, 2006, a memorandum from Engineering to Planning and a letter from Conservation dated August 10, 2006 was received. At the hearing Attorney John Farrington presented the petition for the Starwood Resorts presenting new plans from meetings held with the Design Advisory Committee. He reviewed the sign changes and gave a revised Chapter 7 to the application. Also presenting the petition were: Scott Thrun, VP of Starwood Hotels and Resorts, John Fotiadis, Director of Design — Costas Kondylis and Parners, Robert Weidknecht, Engineer from Beals and Thomas, Inc., Ed Stanton, Guest Services and Lou Sideris, Chief of Planning and Communications, Minuteman National Park. The Petitioners went over the redesigned courtyard, Village green, the architectural changes in the two buildings and the new dimensions in the pool area. They explained that many of these changes were the result of the meeting they had with the Design Advisory Committee. Michael Schroeder of 2 Welch Road questioned how much of the buildings are not directly used for guest accommodations but for maintenance and storage areas. No one spoke in favor or in opposition of the petition. Hearing was closed at 9:58 PM. August 10, 2006 Minutes 6 On a motion by Nyles Barnert and seconded by Leo McSweeney the board voted 5 -0 to grant the Special Permit with site plan review with the condition that the applicant will present to the Board a signed copy of the transportation covenant and a letter from the Fire Chief, Wayne Delaney, confirming his acceptance of modifications to the emergency access regulations.