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HomeMy WebLinkAbout2006-06-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals June 22, 2006 Present: Vice - Chairman — Arthur C. Smith, Nyles N. Barnert and Associates John T. Gilbert, Leo P. McSweeney and Carolyn C. Wilson Petition Address: 34 Calvin Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow front set back of 24.3 -feet instead of the required 30 -feet and a rear set back of 11.7 -feet instead of the required 15 -feet. 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 Selectmen's Office. No comments were received. Fan Ye, owner of the property presented the petition. The petitioner is seeking a front variance to change the front entrance stairs that now angles to the side to a formal straight front entrance and a variance for the rear set back to extend overhang on a proposed second story addition. The Board asked for clarification of the hardship, which the petitioner explained as being the location of the house on the abnormally thin and long lot. The board also asked about the height of the addition (29.6 -feet) house and the pitch of the roof (40 °). Jim English spoke on behalf of his parents, the closest abutter to the property at 30 Justin Street. They have no problem with the request for the variance for the set back but they do have a concern with the height of the structure but are acceptable to it. Robert Walton, 31 Justin Street is concerned with the change in the character of the neighborhood but did speak in favor of the addition as long as the addition did not have a walk up to the attic to make the pitch of the roof higher. No one spoke in opposition of the petition. The hearing closed at 7:56 PM. Discussion: The majority of the Board agreed that the location of the non - conforming house on the narrow lot was a hardship and did not feel granting the variances would be a detriment to the neighborhood. On a motion by Leo McSweeney and seconded by John Gilbert the board voted 5 -0 to approve the front set -back of 24.3 -feet instead of the required 30 -feet; and on a motion by Carolyn Wilson and seconded by Leo McSweeney the Board voted 4 -1, with Nyles Barnert opposing, to approve a variance for a rear set -back of 13 -feet instead of the required 15 -feet. June 22, 2006 Minutes 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals June 22, 2006 Present: Vice - Chairman — Arthur C. Smith, Nyles N. Barnert and Associates John T. Gilbert, Leo P. McSweeney and Carolyn C. Wilson Petition Address: 296 Woburn Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow side set back of 10.4 -feet instead of the required 12 -feet. The Chairman opened the hearing at 7:56 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. Planning Department stated the steps should be included in the variance. No other comments were received. Jane Currant, owner of the property presented the petition. The petitioner is seeking a side setback of 10.4 -feet instead of the required 12 -feet to extend a landing to accommodate a new window and French door on the east side of the home. She had spoken with her neighbor and closest abutter, Mrs. Powell, and she had no objection to the project. The Board had no questions. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:02 PM. Discussion: The Board agreed that the shape of the lot was a hardship. On a motion by Nyles Barnert and seconded by Carolyn Wilson the board voted 5 -0 to grant the variance for a side set back of 10.4 -feet instead of the required 12 -feet June 22, 2006 Minutes 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals June 22, 2006 Present: Vice - Chairman — Arthur C. Smith, Nyles N. Barnert and Associates John T. Gilbert, Leo P. McSweeney and Carolyn C. Wilson Petition Address: 3 Bow Street The relief sought is for a Special Permit from Table 1, Part B, Commercial, Par. 10.12 to allow an indoor athletic and exercise facility and weight loss salon. The Chairman opened the hearing at 8:02 PM by reading a letter received from Thomas Varkey requesting the application be withdrawn without prejudice. On a motion by Nyles Barnert and seconded by Carolyn Wilson the Board voted 5 -0 to grant the withdrawal without prejudice. June 22, 2006 Minutes 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals June 22, 2006 Present: Vice - Chairman — Arthur C. Smith, Nyles N. Barnert and Associates John T. Gilbert, Leo P. McSweeney and Carolyn C. Wilson Petition Address: 177 Massachusetts Avenue The relief sought is to renew a Special Permit from Section 135 -16B, Table 1, Line 9.11 to continue to operate a restaurant, known as Ixtapa, in a CRS District. The Chairman opened the hearing at 8:04 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. The Selectman's office requested a copy of the decision so they may issue a common victual's license to the restaurant. No other comments were received. Nicholas Felici, representing the owner of the business David Brambila, presented the petition. The Board had questions regarding the use of the function room downstairs and the amount of seating they had been allowed and permitted for. They are seeking to be approved for 88 people upstairs and 30 people downstairs. The former owner had previously been approved for 112 upstairs and 30 downstairs for their liquor license and building permit. There were no questions from the audience. Paul Denning of 31A Wachusetts Drive spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 8:20 PM. Discussion: The Board discussed the conditions of the Special Permit Renewal. On a motion by Nyles Barnert and seconded by Leo McSweeney, the board voted 5 -0 to Approve the renewal of the Special Permit to Ixtapa with the following conditions: June 22, 2006 Minutes 5 1. Permitted hours of operation are 11:00 AM to 11:00 PM, seven (7) days a week. 2. No more than 118 seats shall be provided for customers in the restaurant and in the function room altogether. 3. No portion of the lower level function room may be used before 4:00 PM Monday thru Friday. 4. Six (6) parking spaces shall be striped in the rear of the building. 5. The dumpster for the restaurant shall be emptied as needed to meet the Board of Heath standards. 6. This special permit is granted for one year and will expire on June 30, 2007. June 22, 2006 Minutes 6 DRAFT MINUTES of the Lexington Zoning Board of Appeals June 22, 2006 Present: Vice - Chairman — Arthur C. Smith, Nyles N. Barnert and Associates John T. Gilbert, Leo P. McSweeney and Carolyn C. Wilson Petition Address: 31A Wachusett Drive The relief sought is for a Variance from Section 135 -39 -1A to allow 3 sections of a fence to be 7 -feet tall instead of the maximum height requirement of 6 feet. The Chairman opened the hearing at 8:20 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. Paul Denning, owner of the property, presented the petition. The Board asked for clarification as to what sections of the fence would need to be higher. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 8:27 PM. On a motion by Leo McSweeney and seconded by Nyles Barnert, the board voted 5 -0 to Approve the variance with the condition that the 7 -foot high sections would be no longer than 25 feet.