HomeMy WebLinkAbout2008-11-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
November 13, 2008
Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith,
Carolyn C. Wilson and Associate Member Leo McSweeney.
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: Muster Court and Seaborn Place, Map 63, Lot 113B ( Fiske Commons)
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.
The relief sought is for a Special Permit to allow installation of two standing signs.
Gerry Collios, a resident of Munster Court, presented the petition for the Association.
The petitioner seeks to install two externally illuminated standing signs, one at each entrance to
the Fiske Commons complex as shown on plans submitted with the application.
The main sign panel would be 24 -in. by 32 -in. and made from hand carved foam and plywood.
Each main panel would have a smaller attached sign indicating street name. Each sign would be
double sided be fixed to a six -foot tall post. The illumination type would be a shielded spotlight
directing light onto the sign, as shown in the specification sheet. The new signage would be
located in the same location as existing signage. The Muster Court sign would be located 16 -ft.
from the lot line and 6 -ft. from the Muster Court driveway. The Seaborn Place sign would be
located 12 -ft. from the lot line and 19 -ft. from the Seaborn Place driveway.
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, the Planning Board, and the Design Advisory Committee.
Comments were received from the Zoning Administrator and the Design Advisory Committee.
The board asked if the applicant was going to make the sign larger as recommended by the
Design Advisory Committee. They would like to follow the DAC's recommendations.
There were no questions from the audience.
No abutters spoke in opposition or in support of the petition.
The hearing was closed at 7:37 PM.
On a motion by John McWeeney and seconded by Carolyn Wilson, it was voted 5 -0 by the board
to approve the Special Permit with the benefit of allowing for the signage to be 20% larger as
recommended by the Design Advisory Committee.
Submitted by: Dianne Cornaro, Administrative Clerk
November 13, 2008 ZBA Minutes 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
November 13, 2008
Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith,
Carolyn C. Wilson and Associate Member Leo McSweeney.
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 131 Massachusetts Avenue, Map 13, Lot 380A
The Chairman opened the hearing at 7:39 PM by reading the legal notices and described
information received from the petitioner relative to the petitions.
The relief sought is for two Special Permits 1) To allow installation of signage of an awning sign
and 2) To allow internal illumination of the sign.
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, the Planning Board and the Design Advisory Committee.
Comments were received from the Building Commissioner, Engineering, Zoning Administrator
and the Design Advisory Committee.
Jeff Kwass of View Point Signs presented the petition for the owner, Busa Wine and Spirits
The petitioner seeks to install one internally illuminated awning sign on the front of the existing
shingled fascia of the building and as shown on plans submitted with the application. The sign
would be 50 -in. by 492 -in. and made from an aluminum frame with fabric cover. Sign content
would be limited to the name of the store, in text, on the front panel of the sign and the name and
logo of the business on the side panels. The lighting type would be fluorescent tube lighting
installed behind the awning. Based on the illumination type, a light diagram was not required of
the applicant.
Per the Board's preference, the applicant was directed to the Design Advisory Committee
(DAC), which has reviewed the sign. DAC indicated it had no issues with the sign as presented
The board asked how long the material on the awning would last and how late would the lights
be on.
The Board also was unsure if the awning went beyond the property into the right of way. They
asked for a revised plan with modifications to show correctly scaled dimensions.
Ivan Basch of 3 South Ringe Avenue was concerned with the size of the signage.
No one spoke in favor of the petition.
November 13, 2008 ZBA Minutes 3
No one spoke in opposition of the petition.
The hearing was closed at 7:50 PM.
On a motion by John McWeeney and seconded by Leo McSweeney, the Board voted 5 -0 to
approve the Special Permit in accordance with the Zoning By -Law (Chapter 135 of the Code of
Lexington) section 135 -78 (D 7) and section 135 -75 (A) subject to the following conditions:
1. The signage on either side of the building shall be taken down.
2. The lights shall be on only during the hours of operation.
3. The awning shall not intrude into the right of the way.
Submitted by: Dianne Cornaro, Administrative Clerk
November 13, 2008 ZBA Minutes 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
November 13, 2008
Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith,
Carolyn C. Wilson and Associate Member Leo McSweeney.
Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 2 Payson Street
The Chairman opened the hearing at 7:50 PM by reading the legal notices and described
information received from the petitioner relative to the petitions.
The relief sought is for two Variances: 1) To allow a side yard setback 15.1 -ft. instead of the
required 20 -ft. side yard setback and 2) To allow a front yard setback of 22.75 -ft. instead of the
required 30 -ft. front yard setback.
Colin Smith, Architect for the project, presented the petition for the owner, Adrienne Stand. Mr.
Smith indicated that the shape of the lot was the hardship for the variance.
The petitioner seeks to remove a portion of the existing structure and construct an approximately
500 sq. ft. two story addition (900 -sq. ft. gross floor space) as shown on plans submitted with the
application. Because a portion of the structure would intrude into the front and side yard
setbacks, the above referenced variances are required.
The owner, Adrienne Stand presented the Board with letters of support from Steve and Julie
Schaffner of 22 Bridge Street and Jennifer Lisle and Steven Abreu of 24 Bridge Street.
The Board had no questions for the applicant.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing closed at 8:00 pm.
On a motion by Carolyn Wilson and seconded by Leo McSweeny, the Board voted 5 -0 to
approve the variance for a 15.1 foot side yard set back instead of the required 20 -foot side yard
setback.
On a motion by Carolyn Wilson and seconded by Arthur Smith, the Board voted 5 -0 to approve
the variance for a 22.75 foot front yard setback instead of the required 30 -foot front yard setback.
Submitted by: Dianne Cornaro, Administrative Clerk
November 13, 2008 ZBA Minutes 5
OTHER BUSINESS:
1. On a motion duly made and seconded, it was voted 5 -0 to approve the October 8, 2008
meeting minutes.
2. Nyles Barnert indicated he attended a Planning Board meeting on behalf of the ZBA and
discussed with the Board certain potential changes to the zoning by -law.