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HomeMy WebLinkAbout2005-08-11-ZBA-min 1 MINUTES of the Lexington Zoning Board of Appeals August 11, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney Address: 1 Cranberry Hill, Cingular Wireless Site Letter was received from Paul L. DeBole, representing Cingular Wireless asking for a minor modification to perform maintenance on the WCF site at 1 Cranberry Hill in the following manner: 1. Remove the existing twelve (12) antennas 2. Replace them with six (6) antennas (two (2) of which will cover each of the three (3) sectors) of similar size and appearance, and mounted in the same manner. 3. Remove the existing runs of coaxial cable and replace them with twelve (12) runs of 1 5/8" coaxial cable (the coaxial cables are inside the monopole) and 4. Replace some equipment in the enclosed equipment room. On a motion by John McWeeney and seconded by Nyles N. Barnert the board voted 5 -0 to grant the minor modification to perform maintenance at the 40 Hartwell Avenue site. 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 11, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney Petition Address: 301 Massachusetts Avenue The relief sought is to renew special permit for five years. The Chairman opened the hearing at 7:52 PM by reading the legal notice and described information received from the Petitioner relative to the Petition and a letter from the Zoning Enforcement Officer explaining his decision. There were no comments from any Board or Commission. Lara Ryan and Alan Wise, representing Enterprise Rent a Car Company, presented the petition Questions /Comments from the Board: Judy Uhrig: This renewal was due 2 '/z years ago, why are you just now coming before the Board? Answer: Employees that had been at this site has left the company and they do not really know why the over -site. When Lara became the new Manager she found that the special permit had not been renewed and took steps immediately to fix the oversight. Judy Uhrig: Is there any gasoline storage there? Answer: No Maura Sheehan: Will the hours and number of cars be the same? Answer: Yes There were no questions from the audience. Jack Maloney, owner of the building, spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 8:01 pm. Decision: On a motion by Maura Sheehan and seconded by John McWeeney, the board voted 5 -0 to grant the renewal of the special permit with the following conditions: • Hours of operation will be Monday through Friday 8:00 AM to 6:00 PM and Saturday 9:00 am to 12:00 noon. The office will be closed on Sunday. • Landscape will be substantially as presented with the original petition. • No more than 13 vehicles will be parked on site during business hours and no more than eight vehicles parked overnight, all in the tandem area. 3 • There will be no vehicles associated with the business parked on Massachusetts or Fottler Avenues. • There will be no advertising on the rental vehicles other than an identification plate. • All cleaning and washing of vehicles will be inside the building. • All lighting will be screened from the view of abutting residential properties. There will be no exterior lighting on the building after operating hours except for low -level security lights. • Signage will conform to the zoning bylaw. • Snow will be removed promptly and not allowed to pile up on the property so that it obstructs sight -line visibility. • This special permit is granted for three years and will expire on August 31, 2008. Application for renewal should be made 8 weeks before special permit expires Submitted by Dianne Cornaro, Clerk 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 11, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney Petition Address: 30 Greenwood Street 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. No comments from any Board or Commission were received. James and Constance Cooper, owners of the property, presented the petition along with a petition of support signed by 10 abutters and photographs of their home and homes in the neighborhood. The relief sought is to allow a variance from front set back requirements as defined in Section 135 -35, Table 2, Dimensional Controls of the Lexington By -Laws. Questions from the Board: Arthur Smith: Do you need a variance for the plans on the back? Answer: No because my frontage is less than 100 feet I only need 12 -foot variance. Maura Sheehan: Asked to verify which house was theirs. Nyles Barnert: Shed is non - conforming. Answer: Yes, it is coming down. Judy Uhrig: What did you mean by the topography of the front, didn't think the grade was an issue on the front. Answer: In order to be able to have enough room to get on the porch they need to raise the grade in the front. The porch is actually 1 -foot less non - conforming then the stairs were. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. The hearing was closed at 8:09 pm. On a motion by Arthur Smith and seconded by Nyles Barnert, the Board voted 5 -0 to APPROVE the variance for a front setback of 27.82 feet. Submitted by Dianne Cornaro, Clerk 5 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 11, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney Petition Address: 17 Clelland Road The Chairman opened the hearing at 8:10 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. There was a comment from the Planning Board that applicant is in the process of receiving a determination of adequacy. No further comments from any other Board or Commission were received. Two letters of concerns were received from 11 and 14 Lisbeth Street. Bryon & Lisa Levey, owners of the property, presented the petition. The relief sought is to receive two special permits; 1) to demolish present home and rebuild from foundation and 2) to add an additional floor to the current 1 '/2 story house and 3) to allow a variance from side set back requirements as defined in Section 135 -35, Table 2, Dimensional Controls on a non- conforming dwelling to build a porch on the right side of the house. Questions from the Board: Maura Sheehan: Where is the master bedroom going to be? Answer: On the third floor. Maura Sheehan: Will there be a bathroom there? Answer: yes Arthur Smith: To demolish and rebuild the by -laws read that there will be no increase in gross floor space. We are not sure how to get around that. Nyles Barnert: There is no way around it to reconstruct without any increase. Judy Uhrig: I don't see any height dimensions. Answer: Didn't realize we needed to show that. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. On a motion by John McWeeney and seconded by Nyles Barnert the board voted 5 -0 to continue the hearing until September 8, 2005 to give the owners time to get the height and front elevations of the proposed new home and to present a drawing of the front of the dwelling. Submitted by Dianne Cornaro, Clerk 6 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 11, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney Address: 68 Ward Street The relief sought is for a special permit to allow construction of a vestibule over the front stairs. The Chairman opened the hearing at 8:50 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were no comments from any Board or Commissions Meikle & Marilyn Paschal, owners of the property, presented the petition Questions /Comments from the Board: Maura Sheehan: There will be no heat? Answer: No, air block warms solar. It's more like a mudroom. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 8:53 pm. Decision: On a motion by Nyles N. Barnert and seconded by John McWeeney, the board voted 5 -0 to grant the special permit to allow construction of a vestibule over the front stairs. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals August 11, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney Address: 33 Hayden Street The relief sought is for a special permit to allow a wall sign above the first floor in excess of three feet and for a replacement of a standing ground sign. The Chairman opened the hearing at 8:58 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were no comments from any Board or Commission other than the Design Advisory Committee, which was in favor of the petition with conditions. Hazel Wood Hopkins, representing Hayden Office Trust, presented the petition with pictures of the building and locations for the signs. Questions /Comments from the Board: John McWeeney: Is the logo for the wall sign 1 or 2 pieces? Answer: 2 pieces John McWeeney: This is the only sign on the building? Answer: Yes, this is only sign on building. Maura Sheehan: What size is the new sign compared to the one in the picture. Answer: A little bigger. July Uhrig: Are all of the signs along street alike? Answer: Yes, some are a little smaller some a bit bigger. Nyles Barnert: The DAC recommended 2 conditions, do you have any objection to us granting your special permit with those conditions. Answer: None at all. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 9:04 pm. 8 Decision on wall sign: On a motion by John McWeeney and seconded by Nyles N. Barnert, the board voted 5 -0 to grant the special permit to allow a wall sign above the first floor in excess of three -feet horizontal dimension. Decision on standing sign: On a motion by Nyles N. Barnert and seconded by John McWeeney, the board voted 5 -0 to grant the special permit to allow replacement of the standing ground sign. Submitted by Dianne Cornaro, Clerk