HomeMy WebLinkAbout2007-01-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 181 -201 Spring Street
The relief sought is for a Special Permit from Section 135 -77 and section 135 -78 to upgrade an
existing sign at the entrance to 181 -201 Spring Street.
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
Administrator, Planning Board and the Design Advisory Committee. Comments were received
from the Planning Department, Zoning Administrator and the Design Advisory Committee.
Robert Thompson from Jim Did It Signs presented the petition for the owner of the property,
Theresa Delisi. He is replacing the existing sign with a new design which has a section that is
six - inches taller.
The board questioned the illumination of the sign.
Raffi Yeghiayan of 188 Spring Street stated when the stonewall was built it was suppose to be no
higher than four and a half feet but it was made higher. He is opposed to increasing the size of
the sign.
Glen Parker of 186 Smith Street, Jim Calvin of 180 Spring Street and Carol Yeghiayan also
opposed increasing the size of the sign.
No one spoke in favor of the signage.
Robert Thompson said he could move the section of the sign that was to be higher down.
The hearing was closed at 7:55 PM.
Discussion:
The Board discussed the need for lighting the sign for safety issues
January 11, 2007 Minutes 2
Decision:
On a motion by Nyles Barnert and seconded by John McWeeney the board voted 5 -0 to grant the
Special Permit for new signage with the condition that the sign is no higher than the top of the
wall. The Board also voted to allow the sign to be externally lit for safety reasons.
Submitted by Dianne Cornaro, Clerk.
January 11, 2007 Minutes 3
Approved Minutes of the Lexington Zoning Board of Appeals January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 1666 Massachusetts Avenue
The relief sought is for a Special Permit from Section 135 -77 (2) to allow a projecting sign and
relocation of existing signage.
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
Administrator, Planning Board and the Historic District Commission. Comments were received
from the Zoning Administrator and the Historic District Commission.
Christopher Bateman of Lexx Restaurant presented the petition. Because of visibility problems
he would like to move the signage from the front of the building to the east side of the building
and to re -hang a lighted projected sign that had been removed.
The board questioned the size, the design and asked for clarification of the name of the facility.
No one spoke in opposition of the petition.
MaryJo Bohart of the Lexington Chamber of Commerce spoke in favor of the petition.
The hearing closed at 8:10 pm.
Decision:
On a motion by John McWeeney and seconded by Maura Sheehan the board voted 5 -0 to
approve the special permit for a third sign and an externally lit blade sign with the condition that
they receive approval from the Historic District Commission.
Submitted by Dianne Cornaro, Clerk.
January 11, 2007 Minutes 4
Approved Minutes of the Lexington Zoning Board of Appeals January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 4 Grant Street
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.
The relief sought is for a VARIANCE in accordance with 135 -67B of the Code of the Town of
Lexington to allow an interior drive aisle (parking lot) within a required setback.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning
Administrator, Planning Board and the Historic District Commission. Comments were received
from the Selectmen's Office, the Zoning Administrator and the Historic District Commission.
David Cannon, representing the Lexington Department of Public Works, presented the petition.
Mr. Cannon explained the design of the proposed municipal parking lot behind the Nstar
building.
The Board asked about the funding, the lease, lighting and the landscaping plans
Questions from the audience:
• Peter Wysocki of 22 Grant Street asked about the off set to the bike path (will be
landscaped), change in grade — concern with underground stream (not touching grade at
wall but will have a 2 or 3 -foot fill elsewhere. They are installing a ground water
infiltration system that will help current water concerns on Grant Street) and traffic
access to Grant Street (topography would limit the access available onto Grant Street)
• Jennifer Wyocki of 22 Grant Street questioned how many parking spots. (31 total)
• Isham Peugh of 8 Oakland Street asked about the transformer fire 2 or 3 years ago, is this
a danger so close to a parking lot. (There is a rule as to how far a transformer has to be
away from lot, which has been reviewed by Nstar.)
January 11, 2007 Minutes 5
MaryJo Bohart from the Lexington Chamber of Commerce spoke in favor of the petition.
Jennifer Wyocki of 22 Grant Street spoke in opposition stating the area by the Kraft Cleaners
building is dangerous to pedestrians.
The hearing was closed at 8:30 PM.
Decision:
On a motion by Judith Uhrig and seconded by Nyles Barnert the Board voted 5 -0 to approve the
Variance to allow an interior drive aisle (parking lot) within a required setback.
Submitted by Dianne Cornaro.
January 11, 2007 Minutes 6
Approved Minutes of the Lexington Zoning Board of Appeals January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 48 Balfour Street
The Chairman opened the hearing at 8:30 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, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Planning Department and the Zoning Administrator.
The relief sought is for a variance to allow a front setback of 26.4 -feet instead of the required 30-
feet to add a foyer.
Contractor Fred Torossian presented the petition for the owner of the property, Gaspar Hacobian.
The Board questioned what the hardship would be (slope of the property), the shed in the back
yard (planning on taking it out) and about the layout of the steps leading up to the landing.
John Taylor of 21 Harbell Street asked what the size of the foyer would be and the impervious
run off
No one spoke in favor of the petition.
No one spoke in opposition.
The hearing closed at 8:50
Discussion:
One of the Board members felt she could not vote in favor of the petition with the plans that
were submitted.
January 11, 2007 Minutes 7
Decision:
On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board voted 4 -1 (with
Judith Uhrig opposing) to approve a variance with the front setback of 24 -feet instead of the 30-
feet required with the condition that the applicant provide a revised plan showing the 24 -foot
front setback before recording the variance with the registry of deeds.
Submitted by: Dianne Cornaro, Clerk
January 11, 2007 Minutes 8
Approved Minutes of the Lexington Zoning Board of Appeals January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 4 Oakland Street
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.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Building Commissioner, Conservation, the Health
Department and the Zoning Administrator.
Architect William Erickson presented the petition for the owners, Steve and Monica Pastorok.
The relief sought is for a Special Permit to reconstruct the non - conforming driveway after the
proposed voluntary action by the owner to demolish the existing driveway in part. This was done
in error due to a lack of awareness of Article 135 -32 -C, not due to any misrepresentation to the
Board.
One of the Board members asked about the elevation of the driveway.
Questions from the Audience:
Abutters from 6 Oakland Street and 8 Oakland asked about the height of the retaining wall along
the driveway. The greatest height will be no higher than 6 -feet.
Susan McClements of 5 Stetson Street asked about the report from the Department of
Environmental Protection regarding the leakage in the corner of the driveway. (The leak does
not appear to be coming from this property. The source has not been identified but the
petitioners were told that the retainer wall could go up.)
No one spoke in opposition.
The hearing closed at 9:14
January 11, 2007 Minutes 9
Discussion:
One member of the Board discussed whether landscaping the slope should be put in as a
condition for safety reasons. They also spoke about the environmental issues.
Decision:
On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to approve
the Special Permit as requested to reconstruct the nonconforming driveway after partial
demolishment.
January 11, 2007 Minutes 10
Approved Minutes of the Lexington Zoning Board of Appeals January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 43 Waltham Street
This application was filed with the town clerk but the petitioner withdrew the application before
it was further processed and advertised.
January 11, 2007 Minutes 11
Approved Minutes of the Lexington Zoning Board of Appeals January 11, 2007
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 1 Dee Road
The Chairman opened the hearing at 9:14 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, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator.
Paul O'Connell, owner of the property presented the petition.
The relief sought is for a for a variance in accordance with 135 -35, Table 2 Dimensional
Controls to allow a front setback of 22 -feet instead of the required 30 -feet to allow the
construction of a covered front porch and a special permit in accordance with 135 -29A of the
Code of the Town of Lexington to construct a dormer.
One of the Board members asked about the shed, which has been removed.
There were no questions from the audience.
No one spoke in opposition.
The hearing closed at 9:17
Discussion: The Board was concerned with the area next to the garage being used as part of the
driveway.
Decision on Variance:
On a motion by Maura Sheehan and seconded by Nyles Barnert the Board voted 5 -0 to approve
the variance for a front set back of 22 -feet instead of the required 30 -feet subject to the condition
that the driveway use not extend into the five -foot setback requirement.
January 11, 2007 Minutes 12
Decision on Special Permit:
On a motion by Nyles Barnert and seconded by Maura Sheehan the Board voted 5 -0 to
approve a special permit in accordance with 135 -29A of the Code of the Town of Lexington to
construct a dormer.
Submitted by Dianne Cornaro