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HomeMy WebLinkAbout2008-07-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney Carolyn C. Wilson, and Associate Member Jill Hai Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 18 Bates Road, Map and Lot: 67 -13 The relief sought is for a variance in accordance with section 135 -1OB with 135 -35A, Table 2 of the Zoning Bylaw to allow a front yard setback of 14.5 feet instead of the required 30 feet front yard setback.. 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, and the Planning Board. Comments were received from the Building Commissioner and the Zoning Administrator. Robin Lovett, owner of the property, presented the petition. Also present at the hearing was Charles Hagenati, Architect for the project. The petitioner seeks a variance from the front -yard setback. The applicant seeks to construct an enclosed porch as part of a plan to convert the front entrance into a handicapped accessible ramp. Because the proposed addition intrudes into the front -yard setback, a variance is required. The relief is only for the porch. The dimensions of the porch appear to be approximately 6 -ft by 8 -ft. No relief is required for the handicapped ramp; it is exempt under Mass. General Zoning Laws. The structure as originally constructed is non - conforming with respect to front -yard setback. The petitioner gave the placement of the house and the topography of the front of the house as the hardship for the variance. The Board asked the petitioner to clarify the design of the porch and landing and asked if they had considered moving the stairs. There were no questions from the audience. Charles Husbands of 16 Bates Road spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 7:38 PM. June 12, 2008 ZBA Minutes 2 On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0 to approve the variance in accordance with section 135 -1OB with 135 -35A, Table 2 of the Zoning Bylaw to allow a front yard setback of 14.5 feet instead of the required 30 feet front yard setback.. Submitted by: Dianne Cornaro, Administrative Clerk June 12, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney Carolyn C. Wilson, and Associate Member, Jill Hai Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 16 Skyview Road, Map and Lot 90 -94 The relief sought is for a Variance in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135- 39B(1)(a) to allow a fence to exceed the maximum height requirements of 6 -ft. 6 -in. by 1 -foot 1 -inch. The Chairman began the hearing by reading a letter from Attorney Nellie R. Rosen, representing the owner of the property, Yves Baril, requesting the petition be withdrawn without prejudice due to a scrivener's error in the application. Attorney Rosen had requested the filing fee to resubmit the application be waived. The Board did not feel it was up to the Board to waive fees. On a motion by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted 5 -0 to grant the withdrawal of the petition without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk June 12, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney Carolyn C. Wilson, and Associate Member, Jill Hai Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 95 Hayden Avenue, Map and Lot: 17 -22 The relief sought for3 special permits in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington): 1) To allow a monument (standing) sign at the Hayden Street entrance in accordance with sections 135- 77A(3) and 135 -78 (D); 2) To allow a monument (standing) sign at the Spring Street entrance in accordance with sections 135- 77A(3) and 135 -78 (D); and 3) To allow replacement of campus directional signs in accordance with section 135 -78 (D). The Chairman opened the hearing at 7:45 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, Historic District Commission and the Design Advisory Committee. Comments were received from the Design Advisory Committee, Conservation Administrator and the Zoning Administrator. Raymond Yu of Pandamonium Design presented the petition. The Property manager of Ledgemont Center was also present. The applicant seeks to remove the existing signage and replace it with new updated signage. The petitioner seeks to construct two externally illuminated standing signs, one at the Hayden Street entrance and the other at the Spring Street entrance. Also, the applicant seeks to replace and install interior primary and secondary way- finding signage. The applicant seeks to install a total of 30 signs: 2 monument (standing) signs; 3 main parking signs; 9 primary directional signs; 15 secondary /parking signs; and lgeneral traffic sign Presently, the site contains 26 signs. The Board had no questions. There were no questions from the audience. No one from the audience spoke in favor of the petition. No one spoke from the audience in opposition to the petition. The Chairman closed the hearing at 8:38 pm. June 12, 2008 ZBA Minutes 5 On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted, 5 -0 to approve a special permit to allow a monument (standing) sign at the Hayden Street entrance in accordance with sections 135- 77A(3) and 135 -78 (D). On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted, 5 -0 to approve a special permit to allow a monument (standing) sign at the Spring Street entrance in accordance with sections 135 -77A (3) and 135 -78 (D). On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted, 5 -0 to approve a special permit to allow 28 campus directional signs in accordance with section 135- 78 (D) as per plans submitted with application. Submitted by: Dianne Cornaro, Administrative Clerk June 12, 2008 ZBA Minutes 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 10, 2008 Other Business: On a motion by John J. McWeeney and seconded by Nyles N. Barnert, the Board voted 5 -0 to approve the minutes of the June 12, 2008 hearing. Ed Vaile of the Communications Advisory Committee came to speak with the Board regarding updates to the CAC by -laws. David George will be Ed's point of contact for the Board of Appeals. David George gave an update on the settlement between Shire and the Shade Street residents. Submitted by: Dianne Cornaro, Administrative Clerk