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HomeMy WebLinkAbout2008-01-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 7 Gould Road, Map and Lot: 0089000049 The relief sought is for two variances in accordance with section 135 -35, Table 2 Dimensional Controls of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington) to allow a side yard set back of 12.9 feet instead of the required minimum 15 -foot side yard setback and a front yard setback of 22.8 feet instead of the required minimum 30 -foot front yard set back. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 7:30 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Colin Smith, architect for the project, presented the petition for the owners of the property, Patricia Grasso and Sarah Beers. Mr. Smith explained the project would be to add a 2 -car garage and a potting shed. The application stated the proposed location of the garage is preferred due to existing topographical considerations affecting the lot and was chosen because the location minimizes impact on the vegetative and tree buffer. Mr. Smith presented to the Board aerial photographs of the property. The Board questioned the need for the garage to be located at the proposed location and what the hardship was. They discussed with Mr. Smith other options for a garage including moving the garage to be within the side set backs and whether the 12 -inch oak tree would need to be removed. The oak tree has already been removed. There were no questions from the audience. No one spoke in favor of the petition. January 10, 2008 ZBA Minutes 2 Vida Barterina Hom presented a letter and spoke in opposition of the petition. Neal Rubenstein of 18 Dewey Road questioned the draining issues that Ms. Hom spoke of The Chairman closed the hearing at 7:48 pm. The majority of the Board agreed the topography of the lot was a hardship to grant the front variance but could not justify a hardship to grant the side yard variance. On a motion by Nyles N. Barnert and seconded by John J. McWeeney and with a vote of 4 -1, with Judith Uhrig opposing, the Board voted to grant the front variance to allow a 22.8 foot front yard set back instead of the required 30 -foot front yard set back at 7 Gould Road. On a motion by Nyles N. Barnert and seconded by John J. McWeeney to grant the side yard set back of 12.9 feet instead of the required 15 -foot side yard set back, the Board denied the request with a 1 to 4 vote. A 4 -1 vote was needed to pass the motion for the side yard setback for 7 Gould Road. Submitted by Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 31 Calvin Street, Map and Lot: 0083000064 The relief sought is for a variance in accordance with section 135 -35, Table 2 Dimensional Controls of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington) to allow a front yard setback of 21.3 feet instead of the required minimum 30 -foot front yard setback. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 7:48 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Building Commissioner, Planning Administrator and the Zoning Administrator. Kun Xu, owner of the property, presented the petition. Mr. Xu explained the hardship for the proposed construction as the shape of the lot. The non- conforming house sits sideways on the lot and the front door faces a narrow side yard. He also explained the safety issues he has with the narrow nature of the front door area. The Board clarified the relief needed and questioned the design of the foyer and the steps. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:02 PM. January 10, 2008 ZBA Minutes 4 The Board agreed the placement of the already nonconforming house on the lot was a hardship for the petitioner. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney and with a vote of 5 -0, the Board of Appeals approved a variance in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Zoning By -law (CH. 135 of the Code of the Town of Lexington) to allow front yard set back of 21.3 feet instead of the required 30 -foot front yard set back at 31 Calvin Street. Submitted by Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 38 Charles Street, Map and Lot: 0013000129 The relief sought is for the following relief from the Zoning By -law (Ch. 135 of the Code of the Town of Lexington): a variance in accordance with section 135 -35, Table 2 Dimensional Controls allow a side yard set back of 8.5 feet instead of the minimum required 20 -foot side yard setback, a special permit in accordance with section 135 -32 C to demolish and reconstruct the front stairs on the Taft Avenue side of the house. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 8:02 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. A petition signed by 52 abutters in support of the petition was received at the hearing. John Salvin presented the petition for the owners, Stephen and Linda Ormiston. The applicant would like to rebuild and enlarge side deck and to rebuild the front stairs on the nonconforming structure. The Board had no questions There were no questions from the audience. No one spoke in favor or in opposition of the petition. January 10, 2008 ZBA Minutes 6 During the hearing final discussion the Board had no problem with the request and felt that the special permit met the by -law requirements, and that due to the shape of the lot the variance should be granted. The hearing closed at 8:04 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0, to approve the variance for a side yard set back of 8.4 feet instead of the required 20 -foot side yard setback at 38 Charles Street. On a motion by John J. McWeeney and seconded by Nyles N. Barnert, the Board voted 5 -0 to approve the special permit to demolish and reconstruct the front stairs at 38 Charles Street. On a motion by John J. McWeeney and seconded by Nyles N. Barnert, the Board voted 5 -0 to approve the special permit to demolish and reconstruct the deck at 38 Charles Street. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 94 Reed Street; Map and Lot: 0072000009 The relief sought is for the following relief from the Zoning By -law (Ch. 135 of the Code of the Town of Lexington): a variance in accordance with section 135 -35, Table 2 Dimensional Controls to allow a front yard setback of 13.6 -feet instead of the required minimum 30 foot front yard setback, and a special permit in accordance with section 135 -29A to modify an existing non - conforming structure at 94 Reed Street. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Stephanie Littell, owner of the property, presented the petition along with the architect, Richard Leaf. The petitioner seeks to construct a porch on the front of the structure and to add an addition over the garage. Mr. Leaf explained the design of the porch extension to the Board. The Board asked questions about the design of the porch and the hardship for the variance. The Board and the applicant discussed changing the design of the porch to be more conforming. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:25 pm. January 10, 2008 ZBA Minutes 8 The Board discussed the justification for the variance and agreed to allow a variance for an approximate 16.5 -foot front yard setback to allow the applicant to extend the porch along the current porch line. On a motion by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted 5 -0 to approve the special permit for the second floor addition at 94 Reed Street. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson and with a vote of 5 -0, the Board approved the variance for the front yard set back of approximately 16.5 feet instead of the 30 -foot front yard setback required at 94 Reed Street. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 36 Webster Road; Map and Lot 0009000037 The relief sought is for a special permit in accordance with section 135 -25.1 and line 1.252 of Table 1, Permited Use Table of the Zoning Bylaw to operate a home occupation in the home at 36 Webster Road. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 8:25 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Sara Lane, owner of the property, presented the petition along with Attorney Edward Mahlowitz. The petitioner seeks to use a portion of the home for a home occupation; an educational workshop service for parents on topics relating to parenting. Ms. Lane is planning on having approximately 12 people at a time, one or two one and a half hour sessions a week. She would be the only employee. The Board asked about the impact of the business to the neighborhood and told the applicant the Bylaw limits the business to 10 people per day and that no sign is allowed. There were no questions from the audience. No one spoke in favor of the petition. Patricia Sacco of 43 Webster Road spoke of her concern with traffic in the area. January 10, 2008 ZBA Minutes 10 In a closing statement, Attorney Mahlowitz stated the business should not be adding traffic on Webster Street during the time when people are going to and coming from work. The sessions would be held during off -peak times. The hearing was closed at 8:38 pm. On a motion by Nyles N. Barnert and seconded by Judith J. Uhrig, the Board voted 4 -1, with John J. McWeeney opposing, to approve the special permit to allow operation of a home occupation at 36 Webster Road with the following conditions: 1. The special permit is granted for one year, with an expiration date of January 31, 2009. An application to renew the special permit may be filed by the applicant eight weeks before expiration. 2. No more than ten (10) clients of the home occupation are allowed to the premises per day. 3. The hours of operation shall be 7AM to 9PM for no more than five days per week. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 130 Pleasant Street, Map and Lot: 0008000005 The relief sought is for a special permit in accordance with section 135 -77 (3) of the Zoning by- law (Ch. 135 of the Code of the Town of Lexington) to replace and move a standing sign at 130 Pleasant Street. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 8:38 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board, The Historic District Commission and the Design Advisory Committee. Comments were received from the Zoning Administrator and the Design Advisory Committee. Patricia Wojtaszek, representing the Lexington Montessori School presented the petition. She is seeking to construct a 2 -panel v -type sign 4.5 feet from the lot line. The Board asked questions regarding the Design Advisory Commissions comments, the illumination of the sign and the hours of illumination. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 8:46 PM. January 10, 2008 ZBA Minutes 12 Finding and Decision Finding 1. The petitioner, Lexington Montessori School, is owner of property located at 130 Pleasant Street in the Town of Lexington and more particularly described in a deed recorded in the Middlesex South District Registry of Deeds Book 10920 Page 73. 2. The land is situated in a zoning district classified under the Lexington Zoning By -law as RO. 3. Presently located on the premises is a school. 4. The petitioner desires to construct a standing sign. 5. The special permit to allow a standing sign may be granted, under applicable provisions of the Lexington Zoning By -law, for the following reasons: The school is located in a residential zone as an allowed use. The school is located approximately 45 -50 feet from Pleasant Street. The proposed sign is customary for such uses and is required so that parents and others can efficiently find the school. Decision At a meeting of the Board on January 10, 2008 and on a motion made by Nyles N. Barnert and seconded by Carolyn C. Wilson, it was voted 5 -0 by Board members present to approve the special permit, under §135 -77(3) in accordance with §135 -78D of the Zoning By -law, to allow a standing sign (with external illumination) subject to the following conditions: 1. The sign may not be located closer than 10 ft. from the front lot line, adjacent to Pleasant Street. 2. The sign will not be illuminated after 9PM. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 13 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 33 Centre Street; Map and Lot: 0072000445 The relief sought is for the following relief from the Zoning By -law (Ch. 135 of the Code of the Town of Lexington: A VARIANCE in accordance with section 135- 32(C1) to allow additional gross floor space of approximately 1,100 square feet in a reconstructed non - conforming structure, a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls to allow a front yard setback of 17.3 feet instead of the required minimum 30 -foot front yard setback, and a SPECIAL PERMIT in accordance with section 135 -32 (C) to allow reconstruction after destruction of a portion of the home at 33 Centre Street. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 8:47 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Conservation and Zoning Administrators. Attorney Tom Fenn presented the petition for the owners of the property, John Baron and Jennifer Jordan. Tom Harden, the architect for the project was also present for questions. The petitioner seeks to demolish and reconstruct a portion of the existing principal structure, add additional floor area to the reconstructed non - conforming structure, and construct a new deck. Attorney Fenn explained how the non - conforming structure was situated on the lot and how the owners had been entering the structure through the back door because the house has no front door. January 10, 2008 ZBA Minutes 14 The Board confirmed that there was no living space above the garage and that it was used for storage only. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 8:59 PM. Decisions: On a motion made by Carolyn C. Wilson and seconded by John J. McWeeney, it was voted 5 -0 by Board members to approve the variance, under §135- 32C(1) of the Zoning By -law, to allow the additional gross floor area of a reconstructed structure at 33 Centre Street. On a motion made by John J. McWeeney and seconded by Carolyn C. Wilson, it was voted 5 -0 by Board members to approve the variance under §135 -35, Table 2, Schedule of Dimensional Controls, of the Zoning By -law, to allow a front yard setback of 17.3 feet instead of the required minimum 30 -foot front yard setback at 33 Centre Street. The location of the nonconforming structure on the lot was the hardship for this variance. And, on a motion made by Nyles N. Barnert and seconded by John J. McWeeney it was voted 5- 0 by Board members present to approve the special permit, under §135 -32C of the Zoning By- law, to allow the reconstruction of a non - conforming structure, a portion of a two - family structure at 33 Centre Street. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 15 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 13, 2007 and January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 397 Lowell Street, Map and Lot: 0046000036 The relief sought is for a special permit in accordance with section 135 -88A (1) ( C ) of the Zoning By -law (Ch. 135 of the Code of the Town of Lexington) to allow installation of a wireless communication facility at 397 Lowell Street. This hearing had been postponed from December 13, 2007 due to bad weather. Chairman Arthur Smith and associate members Jill Hai and David Williams had met to postpone the hearing until January 10, 2008. The Chairman opened the hearing at 8:59 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board, the Historic District Commission, Communication Advisory Committee and the Design Advisory Committee. Comments were received from the Zoning Administrator, Communication Advisory Committee and the Design Advisory Committee. Attorney Daniel D. Klasnick, representing Bell Atlantic Mobile DB /A Verizon, presented the petition. The petitioner seeks to install a camouflaged wireless communication facility onto an existing structure. The Board questioned if there was room on the structure for another facility and wanted to know if the other carrier had a generator also. The Zoning Administrator asked if enclosure around the machinery was covered; it is not. There were no questions from the audience. No one spoke in favor or in opposition of the petition. January 10, 2008 ZBA Minutes 16 The Chairman closed the hearing at 9:20 PM. Decision On a motion made by Carolyn C. Wilson and seconded by Nyles N. Barnert, it was voted 5 -0 to approve the special permit, authorized under §135- 88(1)(c) in accordance with §135 -91G of the Zoning By -law, to allow a camouflaged wireless facility, subject to the following condition: 1. The wireless facility is permitted for a term of 15 years. January 10, 2008 ZBA Minutes 17 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 675 Lowell Street; Map and Lot: 007500011A The relief sought is for a special permit in accordance with § 135 -74(D) and § 135 -77(D) of the Code of the Town of Lexington (Zoning Bylaw) to allow an illuminated sign at 675 Lowell Street. The Chairman opened the hearing at 9:21 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, Zoning Administrator and the Design Advisory Committee. An email had been received from Charlotte and Arnold Wolf of 663 Lowell Street, apartment 33, in opposition to the signage. Abner Balc of Acme Signs presented the petition. He is replacing an illuminated sign on the building. The sign will be lit during regular business hours only. The Board had no questions. There were no questions from the audience. No one spoke in favor or in opposition. The Chairman closed the hearing at 9:25 January 10, 2008 ZBA Minutes 18 Decision: On a motion made by Nyles N. Barnert and seconded by John J. McWeeney, it was voted 5 -0 by the Board to approve the special permit, under §135 -75A of the Zoning By -law, to allow an illuminated wall sign with the condition the sign will stay on no longer than one -half hour after closing. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 19 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 319 Marrett Road; Map and Lot: 0032000056 The relief sought is to renew a special permit first granted in 1985 and renewed periodically to allow the option of extending the hours of operation and to allow the option of adding four (4) seats. The Chairman opened the hearing at 9:25 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Selectmen's office and the Zoning Administrator. Deborah Macrides, owner of the business, presented the petition. One of the Board members asked why she hadn't renewed the special permit in August when it had expired. Ms. Macrides replied that it had slipped her mind to do it. There were no audience questions. No one spoke in favor or in opposition. The Chairman closed the hearing at 9:28. Decision: On a motion made by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted 5 -0 to approve the renewal of the special permit, under § 135 -27C of the Zoning By -law, for a use which is not otherwise permitted by right and does not comply with the Zoning By -law subject to the following conditions: January 10, 2008 ZBA Minutes 20 1. No more than four seats shall be provided for customers. 2. Permitted hours of operation shall be 7:00 AM to 9:00 PM, seven days a week. 3. Cooking on the premises shall be by microwave, stove, grill and oven; there will be no fryolator. 4. There shall be no delivery of supplies to the front door. 5. The premises shall be well maintained and cleaned on a daily basis. Extreme care shall be exercised in the disposing of waste material (garbage and rubbish) in accordance with Town regulations and specifications. 6. Trash receptacles shall be provided outside for customers' use during hours of operation. 7. The screening fence around the dumpster shall be well maintained. 8. There shall be a permanent sign installed on the front of the building to direct customers to the rear parking lot. 9. This special permit is renewed for five years and will expire December 31, 2012. Submitted by: Dianne Cornaro, Administrative Clerk January 10, 2008 ZBA Minutes 21 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 24 Hartwell Avenue; Map and Lot: 070E000084 The relief sought is for a special permit in accordance with § 135 -74(D) and § 135 -77(D) of the Code of the Town of Lexington (Zoning Bylaw) to to replace and enlarge an existing sign at 24 Hartwell Avenue. The Chairman opened the hearing at 9:28 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, Conservation, Zoning Administrator and the Design Advisory Committee. Alan Sawyer of SignAge presented the petition along with Mr. Collangelo, owner of the property. They are asking to replace the McGraw Hill sign with a 4 -foot six inch by 9 -foot 6- inch freestanding sign designed like others on the street. The Board discussed the size, location and design of the signage. There were no audience questions. No one spoke in favor or in opposition. The Chairman closed the hearing at 9:34 PM. On a motion made by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted 5 -0 to approve the special permit, authorized under §135 -77(3) in accordance with §135 -78D of the Zoning By -law, to allow a standing sign with the condition that the sign dimensions are to be no greater than 9'- 6" W x 4' -6" H at 24 Hartwell Avenue. January 10, 2008 ZBA Minutes 22 Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 440 Bedford Street The relief sought is for a special permit in accordance with sections 135 -12, 135 -16B, 135 -77 (3) 135 -75A of the Code of the Town of Lexington to authorize new signage and to authorize the demolition of existing retaurant and rebuild a same use structure at 440 Bedford Street. The Chairman opened the hearing at 9:34 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board, the Historic District Commission and the Design Advisory Committee. Comments were received from the Building Commissioner, the Health Agent, Selectmen's Office, the Zoning Administrator and the Design Advisory Committee. George Johannesen of Allied Engineering Associates, presented the petition for Jameson Hotel Management. Mr. Johannesen gave the Board an overview of the project and the Boards and Committees they have met with. The Town of Lexington's Zoning Administrator, David George spoke of his conversation with the Fire Department and that they had given the okay with the project. Mr. Johannesen had just received the Design Advisory's comments and had not had the chance to go over them in detail to be able to respond to their recommendations. The Board questioned the lighting, the set back from Bedford Street and the curb cut. They also wanted to see a picture of the building. They commented they were unaware it would be a 99 restaurant until the last page of the plans when they saw the signage. The Board felt the petitioner needed to give them more detailed information before they could give a final judgment. January 10, 2008 ZBA Minutes 23 On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to postpone the hearing until Thursday, January 24, 2008 at 8:00 pm. The Board is asking the petitioner to provide the following details for 440 Bedford Street: 1) Elevations of Building 2) Curb Cuts 3) Lighting Detail 4) Picture of the Building 5) Large Scale Plans 6) A Written response to the Design Advisory Committee's recommendations 7) Signage detail (height reduced) 8) Sidewalk in front of Restaurant Submitted by Dianne Cornaro, Administrative Clerk Minutes approved at the January 24, 2008 hearing. January 10, 2008 ZBA Minutes 24 Additional Business: 1. The Chairman welcomed Carolyn C. Wilson as a new member to the Board. 2. With a motion from Nyles N. Barnert, and a 5 -0 vote, the minutes for November 8, 2007 were approved. Submitted by Dianne Cornaro, Clerk.