HomeMy WebLinkAbout07-17-03.pdf BOARD OF APPEALS
Minutes of Meeting, July 17, 2003
Robert F Sacco, Chair
Judith J. Uhrig, Vice-Chair
Arthur C Smith, Acting Clerk
Nyles Barnert
Maura Sheehan (for John McWeeney)
Carolyn Wilson(for Maura Sheehan re 175-181 Bedford St)
Martha Wood(for John McWeeney re continued heanng on 8B Camelia Place)
1 33 Centre St
Special Permit to build new roof
Jennifer Jordan
Jennifer Jordan asked to withdraw her petition without prejudice
ACTION A motion (by Barnert, seconded by Uhng)to withdraw without prejudice was
approved unanimously
2. 175-181 Bedford St. (Lynne Wilson for Maura Sheehan)
Special permit for a replacement sign
North Brook Park Condominium Trust
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map and drawings of the proposed
sign The Design Advisory Committee has reviewed the proposed sign and recommends
approval Ms Howell, representing Spaulding Management Corp , presented the request
The replacement sign is nearly identical to the current sign in size and format. In
response to a question from Maura Sheehan(speaking as an abutter) it was stated that
there would no longer be any signs identifying individual tenants David Walsh,
Lexington, spoke in favor No one spoke against
ACTION A motion (by Barnert, seconded by Uhrig) to approve the Special Permit as
requested was voted unanimously
3. 33 Prospect Hill Road
Vanance from 135-67 B
Michael and Clair Cronin
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map, elevations, floor plans and site
plan The Engineering Department recommends installing a stone filter strip along the
dnveway to reduce runoff on abutting property Michael Cronin presented their request
for a variance in order to (1)reconstruct an existing non-compliant porch, (2) construct a
new 2-car garage and(3) extend the existing dnveway to service the new garage He
stated that two of the three large oak trees would remain and that they would make every
effort to retain the third by careful location of the dnveway No one spoke in favor or
against the petition
ACTION. A motion(by Sheehan, seconded by Barnert)to approve the variance with the
condition that the Board strongly recommends that the petitioner follow the
recommendation of the Engineering Department and install a stone filter strip along the
dnveway was voted unanimously
4 1666 Massachusetts Avenue
Modification of Special Permit
Spaulding Management Corporation, Aesop's Bagels
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request and a letter from Frederick J Conroy representing
Spaulding Management Corporation and Aesop's Bagels The Planning Board
commented that the applicant's claim of grandfathered parking was incorrect The
Zoning Officer concurred with the Planning Board regarding the grandfathered parking
Letters of support were received from the Lexington Center Committee, Battle Green Inn,
Sundial Books and Onental Rugs Mr Conroy presented the request to expand the
restaurant from 48 to 72 seats and detailed the history of the parking requirement for this
operation Aesop's Bagels (48 seats)replaced Lexington Pizza(48 seats) which had
replaced Putnam Pantry(72 seats) The applicant contends that the 72 seats for restaurant
use were grandfathered by the actions of Town Meeting and that the parking requirement
is therefore met In response to a question from the Board, Mr Rosenburg of Aesop's
Bagels stated that he wished to completely restructure the space occupied by Aesop's
Bagels and change the nature of the restaurant's offerings from bagels and breakfast type
foods to a menu of American comfort foods He cited increased competition for his
current offerings and his perception of a need for a different menu in Lexington Center as
his reasons for the proposed change No one spoke in favor or against this request
ACTION Members of the Board expressed the opinion that the parking was not
grandfathered and that the Board was not prepared to grant a variance from the parking
requirement A motion (by Smith, seconded by Barnert) that the Special Permit be
modified to allow expansion to 72 seats with the condition that the applicant must
demonstrate to the Building Commissioner that the parking requirement has been met
5 330 Woburn Street
Special Permit to modify signage
Ayoub Engineenng for Trammell Crow Company
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map and drawings of the proposed
changes in signage at the Shell station at 330 Woburn Street The Design Advisory
Committee has reviewed the proposed changes and recommends approval. The changes
proposed are for the free-standing sign, the canopies, the dispensers and the building
There will be a net reduction in signage area It was noted that the `Snacks' sign is not
illuminated No one spoke in favor Bruce Creager, 9 Maple St , asked if internally
illuminated signs were permitted under the Zoning By-law and was assured by the chair
that such signs were allowed at the discretion of the Board
ACTION A motion (by Barnert, seconded by Sheehan)to approve the Special Permit as
requested was voted unanimously
6 3 Turning Mill Road
Vanance from 135-35A, Table 2
Rafet Elananzeh
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map,plot plan, and elevations
There were no comments from Town Boards Letters in support were received from
abutters at 15 Robinson Road, 5 Turning Mill Road and 4 Turning Mill Road Mr
Elananzeh presented his request for a variance to allow the reconstruction of the front
steps and the addition of a canopy roof over the steps There will be no increase in
coverage and the new steps will have a front yard setback of 24 5 feet rather than the
required 30 feet No one spoke in favor or in opposition
ACTION A motion (by Barnert, seconded by Uhng)to grant the requested variance was
voted unanimously
7 82 Grant Street
Special Permit to conduct professional practice from residence
Nilanjana Rakhit
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map,plot plan, and floor plan
There were no comments from Town Boards Ms Rakhit presented her request for a
special permit to allow her to conduct her accounting practice from her residence There
was discussion of parking and possible signage Mr G Ward, Lexington, spoke in favor
ACTION A motion(by Smith, seconded by Uhng) to grant the special permit with the
following conditions was voted unanimously
1. The hours of operation shall be 9.00 a.m. to 8.30 p.m. Monday to Friday with
occasional hours on Saturday and Sunday
2 Any signs shall contain only name and address as per the Lexington By-laws
3 The permit shall be for a period of one year
8 46 Bedford Street
Special Permit to modify signage
Ayoub Engineering for Trammell Crow Company
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map and drawings of the proposed
changes in signage at the Shell station at 46 Bedford Street The Historic Districts
Commission has issued a Certificate of Appropriateness There were no other comments
from Town Boards The changes proposed are for the free-standing sign, the canopies,
the dispensers and the building No one spoke in favor or in opposition
ACTION A motion (by Barnert, seconded by Uhng)to grant the Special Permit as
requested was voted unanimously.
9 8B Camelia Place
(Continued from 5/22/03, Martha Wood for John McWeeney)
Special Permit to install a projecting sign
Partners for Life
The requested sign had been previously considered by the Design Advisory Committee
The rear wall of the building has been repainted to remove the graffiti which had been a
subject of abutters concern previously No one spoke in favor or against
ACTION A motion (by Barnert, seconded by Wood)to grant the special permit as
requested was voted unanimously
10 5 Maple Street
Vanance from 135-35 Table 2
Thomas Christman and Debora Hoard
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, topographical map,plot plan, and drawings of the
proposed construction The Historic Districts Commission has approved this plan
Letters of support were received from D Pederson, 7 Maple St , D Holland, 14 Maple St
and D Broderick, 15 Maple St Mr Christman presented plans to reconstruct the front
and side entrances which he within the required setback
ACTION A motion (by Barnert, seconded by Smith) to grant the requested variance was
voted unanimously
11 327 Woburn Street
Special Permit to install awnings with signage
Bob Cunningham
Applicant requested that the petition be withdrawn without prejudice.
ACTION Motion(by Barnert, seconded by Uhrig) to withdraw the petition without
prejudice was voted unanimously
12 32 Waltham Street
Modify Special Permit to extend hours of operation
Agnes Voligny
The Chair read the legal notice and noted that the Board has received an application and
nature and justification of the request There were no comments from Town Boards Ms
Voligny requested that the hours of operation of Rosie's Bakery be extended to 11 p m
No one spoke in favor or against
ACTION Motion(by Sheehan, seconded by Barnert) to approve the request was voted
unanimously