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HomeMy WebLinkAbout2006-03-23-ZBA-min Minutes of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: 13 Cutler Farm Road The relief sought is for a variance from 135 -35, Table 2, Dimension Control of the Town of Lexington Zoning By -laws to allow a front yard set back of 25 -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 the Development Review Team. There was a comment from the conservation administrator letting the Board know that this property is scheduled to come before the Conservation Commission in March No other comments were received. Peter Connor, owner of the property, presented the petition along with Colin Smith, the Architect. They explained that due to the wetlands in the back of the property they needed to keep the house to the front of the property. Due to the wetlands issue the existing house is non- conforming. The house will be taken down and the garage left as is. The Board had questions relating to Conservation setting the buffer lines for the wetlands, the overall square footage and height of the home and the hardship for the variance. Alex Porras of 4 Marlboro Road asked if Mr. Connor was planning on living there, which he is. There were no other questions from the audience. Mr. Porras then spoke in favor of the project. No one spoke in opposition The hearing was closed at 8:00 pm. Discussion: The Board felt the design of the new house would fit into the neighborhood setting well. The only concern was that they obtain the necessary Certificate of Intent from the Conservation Commission. March 23, 2006 Minutes 2 Decision: On a motion by Leo McSweeney and second by John Gilbert, the Board voted 5 -0 to approve a 25 -foot front variance with the condition that they obtain the necessary Certificate of Intent from the Conservation Commission. Submitted by: Dianne Cornaro, Clerk March 23, 2006 Minutes 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: Marrett Road — 433 Marrett Road The relief sought is for an appeal of a decision of the Building Commissioner, Steve Frederickson, dated February 17, 2006, to allow a Naturopathy practice in a CN district. The Chairman opened the hearing at 8:00 PM by reading the legal notice and described information received from the petitioner relative to the petition. Nine letters of support were received from abutters and clients. 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. There was a comment from the Health Department regarding the service specified, as "oxygen enhancement" is not legal in Massachusetts. The Planning commented, "any uses not expressively allowed in the ZBL are prohibited." Mary Ann McCall Taylor agreed with the Building Commissioner and said the decision should be upheld. Becky Chambers, owner of the business presented the petition telling the Board that there is no category for this type business in the By Laws because it is new to the area. They consult for wellness fitness in the areas of nutrition, health evaluations, therapy and whole body vibration. They will also be selling herbal supplements. The Board had the following questions: • Would people go to both her and her neighbor who is a Fitness Trainer? (Some could) • Is this a medical clinic? (No, a license is not needed for this; they do more consulting.) • What are the hours? (Would like 6 am — 9pm Monday thru Friday and 7am -5 on Saturday and Sunday. • How many employees? (Never more than 2) • How many clients at a time? (5 to 10 per hour) • Is the parking adequate? (We have 18 spaces with more available near by.) There were no questions from the audience. Abutters from 436 Marrett Road and 134 Vine Street, a client from 14 Dewey Street and the owner of the building, Dean Curtin, all spoke in favor of the petition. March 23, 2006 Minutes 4 No one spoke in opposition The hearing was closed at 8:20 pm. Discussion: Some Board members were worried about setting precedence. They talked about this type of business not being around when the by laws were established. This type of consulting would be covered under sections 6:14 and 8:17. Decision: On a motion by John Gilbert and seconded by Maura Sheehan, the Board voted 5 -0 to overturn the decision of the Building Commissioner, Steve Frederickson with the following conditions: 1. There will be no oxygen enhancement. 2. Hours will be Monday thru Friday 6:00 AM until 8:00 PM, Saturday 7:00 AM until 5 PM and Sunday 12:00 noon until 5:00 pm. 3. This permit is for 1 year and will be renewed before May 1, 2007. 4. No external signage without prior approval by the Board. March 23, 2006 Minutes 5 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: 21 Worthen Road The relief sought is for a special permit from 135 -77A (3) of the Town of Lexington Zoning By- laws to allow a free standing sign for the Lexington Eye Associates. The Chairman opened the hearing at 8:21PM 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 Planning Board regarding other tenants need for signage in building and a letter with recommendations from the Design Advisory Committee. No other comments were received. Tom Dunn of Metro Sign and Awnings presented the petition along with Jeffrey Smart of Sign Systems. The Board had questions on the spacing of the lettering and the illumination. There were no questions from the audience. No one spoke in favor or in opposition. The hearing was closed at 8:34 pm. Decision: On a motion by Leo McSweeney and seconded by John Gilbert, the Board moved approve the Special Permit with the condition that the petitioner go back to the Design Advisory Committee for final approval and that the illumination will not exceed 150 foot lamberts. March 23, 2006 Minutes 6 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: 396 Waltham Street The relief sought is for a Special Permit from 135 -77A (3) of the Code of Lexington By -laws to allow a free standing sign. The Chairman opened the hearing at 8:34 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, Lexington Tree Committee and the Design Advisory Committee. The Design Advisory Committee recommends this project be approved at the 16- foot height without the ATM panel and encourages the replacement of the adjacent street tree that was cut down. A comment in support of the DAC recommendations was received from the Planning Board. There were recommendations received from the Lexington Tree Committee to replace trees removed. No other comments were received from Boards or Commissions. Steve Pedro of Ayoub Engineering, representing Mobil Oil Company, presented the sign design. They are proposing to replace the existing freestanding I.D. sign with a new freestanding I.D. sign in the same location. The new I.D. sign provides for clear visibility and safe access to the site. The ATM panel will not be added to the sign. The Board had questions regarding the sign design, the illuminations and the effect of the sign on a very busy intersection. Questions from the audience: 1) Joe Sirkovich of 294 Marrett Street asked how big was the existing sign and how big will the new sign be. He had a concern that the sign could potentially block pedestrians walking. The old sign was 15.6 -feet high and the new sign will be 16 -feet. 2) Bob Kulin of 22 Grapevine Street asked the Board if they ever give consideration that conservative, smaller signs look better. Concerned about all the signage already at the intersection. No one spoke in favor or in opposition of the signage. March 23, 2006 Minutes 7 Hearing was closed at 8:55 pm. Decision: On a motion by Leo McSweeney and seconded by John Gilbert, the Board voted 5 -0 to approve the sign for 396 Waltham Street under Section 135 -77A (3) in compliance with general regulation at Section 135 -75 with the following conditions: 1. Illumination will not exceed 150 -foot lamberts. 2. Sign will be illuminated only during hours of operation. 3. Subject to the recommendations and the conditions of the Tree Committee stated in their memorandum of March 23, 2006. 4. Sign must be in compliance to the design as approved with the recommendations of the Design Advisory Committee. March 23, 2006 Minutes 8 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: 56 Adams Street The relief sought is for Renewal of Special permit from 135 -16, Table 1, Line 1 -25, of the Town of Lexington Zoning By -laws to operate a home Art Gallery. The first special permit was granted in 1994. The Chairman opened the hearing at 8:56 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 and Planning Board. Comments were received from the planning department asking that a parking plan and number of employees be submitted for hearing. No other comments were received. Francesca Anderson, owner of the property, presented the petition along with a letter of support signed by 17 abutters and clients. Ms. Anderson stated she has one employee who works four days a week and a bookkeeper that comes in 2 to 4 times a month depending on the time of the year. She is planning 5 to 7 shows a year. The openings and special events are by invitation only. The Board explained having an employee makes this a home occupation and with that she needs to provide 2 off street parking spaces for employees. This would mean that her driveway would have to be reserved for her employee parking. It was agreed that her garage could count as one of the spaces. There were no questions from the audience. Doug Lamm of 4 Hathaway Road spoke in favor of the petition saying that Ms. Anderson keeps her property well cared for. No one spoke in opposition The hearing was closed at 9:10 pm. March 23, 2006 Minutes 9 Decision: On a motion by John Gilbert and seconded by Leo McSweeney, the Board voted 5 -0 to renew the Special permit for five years with the following conditions: 1. There shall be no more than 7 openings per year. 2. There shall be an employee parking space provided on the premise plus 2 spaces for the homeowner. 3. The hours of operation shall be 10:00 AM to 5:00 PM four days a week, Wednesday through Saturday and will be limited to be open 45 weeks a year. 4. There shall be no more than 10 clients per day and one at a time. 5. This special permit is granted for five years and will expire on April 1, 2011. Submitted by: Dianne Cornaro, Clerk March 23, 2006 Minutes 10 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: 27 Muzzey Street The Chairman opened the hearing reading a letter from the petitioner, Attorney Pamela Brown representing Dr. Shawn Seitz, dated March 23, 2006 requesting to withdraw the application without prejudice. On a motion from John Gilbert and seconded by Maura Sheehan the Board voted 5 -0 to accept the withdrawal. Submitted by: Dianne Cornaro, Clerk March 23, 2006 Minutes 11 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 23, 2006 Present: Chairman — Judith J. Uhrig, Maura Sheehan and Associates John Gilbert, Leo McSweeney and Martha Wood Petition Address: 84 Middle Street The Chairman opened the hearing reading a letter from the petitioner, Attorney Thomas Fenn representing Mr. Malcolm N. Johnston, dated March 23, 2006 requesting to withdraw the application without prejudice. On a motion from Martha Wood and seconded by John Gilbert the Board voted 5 -0 to accept the withdrawal. Submitted by Dianne Cornaro, Clerk