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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