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HomeMy WebLinkAbout2006-01-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals January 12, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Leo McSweeney Petition Address: 5 Sunny Knoll Avenue The relief sought is for a Variance to allow 15 -foot secondary street setback. 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. There were no comments from any Board, Commission or Department. Applicant had submitted a petition in support signed by thirteen abutters. Ilene and Gilbert Benghiat, owners of the property, presented the petition explaining the odd shape of the lot and the location of the existing garage. Questions /Comments from the Board: John McWeeney: What is going to happen to the existing driveway? Answer: It will be shifted and moved to the back a little. What does the garage look like? Answer: Petitioner showed drawings submitted. Will there be a room on the second floor? Answer: No, there will be storage. How many trees will be taken down? Answer: There will be 6 mature spruce trees taken down. Leo McSweeney: Do you need to take that many trees down? Answer: Elaine Adler, 6 Sunny Knoll Ave. responded as the abutter most affected by the removal of the trees. She is in favor of their removal; there is a benefit in removing them because the trees block all sun to her property and the fact they have become dangerous from falling branches. Maura Sheehan: Your application implies that you need two variances? Answer: I originally thought that I needed 2 different variances but when I submitted the application I found out I was okay on the side set back. There were no questions from the audience. Joe Angelo of 3 Sunny Knoll Avenue and Elaine Alder Pliskow of 3 Sunny Knoll Terrace spoke in favor of the petition. No one spoke in opposition of the petition Hearing was closed at 7:58 pm. 2 On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to grant the fifteen foot secondary street variance for 5 Sunny Knoll Avenue. Submitted by: Dianne Cornaro, Clerk 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals January 12, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Leo McSweeney Petition Address: 27 Muzzey Street The relief sought is for a Special Permit for a change in use and substitution of non - conforming use. The Chairman opened the hearing at 7:58 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. Due to an error in the time of the hearing advertised in the Legal Notices in the Lexington Minute Man this hearing was postponed until January 26, 2006 at 7:30. On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to postpone the hearing. Submitted by: Dianne Cornaro, Clerk 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals January 12, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Leo McSweeney Petition Address: 34 Tyler Road Hearing was postponed until January 26, 2006 at 7:45 pm due to an error in the By Law section submitted on the application. Hearing was re- advertised for January 26, 2006 with the correct By -Law section. Submitted by: Dianne Cornaro, Clerk 5 DRAFT MINUTES of the Lexington Zoning Board of Appeals January 12, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Leo McSweeney Petition Address: 14 Muzzey Street 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. The relief sought is to appeal a decision by the Zoning Enforcement Officer dated October 17, 2005 to allow a use for the property not specifically addressed in the table of uses. Susan Miele, owner of the business, presented the petition. The space at 14 Muzzey Street would be used for the operation of a personal training Pilate's studio. There will be no more than two clients in the studio at any one time. The training is on a one to one or two to one basis, by appointment only. Questions /Comments from the Board: John McWeeney: Could you describe the exercises? Answer: I train one on one or two to one on spring loaded equipment that strengthens the abdominal and back muscles. The hours of operation will vary because it is by appointment only. Most people at a time would be 2? Yes, because of the specialized individual training. Leo McSweeney: Clarified the reason the Zoning Enforcement Officer had to deny the request was because this use was not listed in the use table in the Zoning By Laws for central businesses. Answer: John McWeeney explained the Board's argument to grant past permits in this area was because they were associated with health facilities. Maura Sheehan: Maura felt the use was also associated with skills training. Nyles: The hours you are asking for are 6 am to 9 am? Yes, I wouldn't be there continually during these hours because it is by appointment only. Questions from the audience: Marilyn Alwan, 4 Raymond Street: What happens with the hours on weekends? Answer: Appointments on the weekends would be in the morning only. Theresa Cronin, 107 Waltham Street, asked to verify where on Muzzy Street it would be located. 6 Carlo Villalobos, 2 Raymond Street asked that precedence not be set with weekend hours. Answer: They would be allowed weekend hours because it is in a commercial district. Robert Collins, 86 Reed Street spoke in favor of the petition. Deirdre of Raymond Real Estate spoke as the realtor involved with the property. The property is a small building with 4 tenants and private parking with 14 spaces. This business would have no impact on the neighborhood. No one spoke in opposition. Hearing was closed at 8:19 pm. On a motion by Leo McSweeney and seconded by John McWeeney, the Board voted 5 -0 to overturn the decision of the Zoning Enforcement Officer based on the nature of the business with the following conditions: • Hours of operation would be Monday thru Friday, 6 am until 9 pm and Saturday and Sunday from 8:00 am until noon. • Special Permit would be for 1 year, expiring February 28, 2007. Submitted by Dianne Cornaro, Clerk 7 DRAFT MINUTES of the Lexington Zoning Board of Appeals January 12, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Leo McSweeney Petition Address: 94 Hartwell Avenue The Chairman opened the hearing at 8:19 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. There were no comments from any Board, Commission or Department. The relief sought is to allow a modification of an existing Special Permit. Richard Brackett presented the petition for Hartwell Realty Partners. They are requesting to infill the cathedral ceiling to increase floor space adding 642 square feet. Seating capacity would remain the same. Questions from the Board: Leo McSweeney: If you are adding floor space then why won't the capacity change? Answer: Because we are eliminating 70 seats on the first floor and putting them on the second floor and we are taking some tables out altogether in the bar area. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 8:24 pm. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 -0 to Approve to the modification of the special permit at 94 Hartwell Avenue. Submitted by Dianne Cornaro, Clerk