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Home My WebLink About09-11-03.pdf Date• September 16, 2003 To Robert Sacco, Chairman From. John McWeeney,Clerk RE Minutes of Lexington Zoning Board of Appeals, September 11, 2003 Members Present.. Mr Sacco, Chairman Arthur Smith Nyles Barnert John McWeeney Carolyn Wilson Also attending Mr Steve Fredrickson 1 7 45 pm— 100 Hayden Ave Robert ReedBarlo Sign, petitioner Special Permit—signage Mr Sacco opened the hearing—Read notice and letter from Design Advisory Committee which claimed insufficient information and statement that signs on Highways were discouraged Mr Reed said he had not seen letter Mr Reed asked if Board could proceed and was advised yes but given DAC letter it was unlikely that positive action would be taken and it was suggested he request to withdraw without prejudice and go back to DAC Mr Reed agreed and submitted such a request in writing which was made into a motion by Mr. Smith seconded by Mrs Wilson and approved unanimously As an aside, the Chairman questioned how a printing company could locate in this district His reading of the By-Law did not allow it 2 7 50 pm—3 Forbes Road Antigenics, Inc/Kevin Trottier Special Permit—signage Mr Sacco read notice and opened hearing Mr Trottier said he received a letter from DAC suggesting more information and had prepared a letter requesting withdrawal without prejudice, which he submitted Mr Trottier's request was approved unanimously on a motion from Mr Smith 3 390 Lowell Street Lixm Gao and Yanling Zhang Variance—side yard setback for 2 car garage Mr. Sacco read notice and opened the hearing at 7.55 p.m. Petitioner and his engineer, Robert Hillson ,were present and presented graphics showing garage and site as well as elevations Mr Sacco asked how long petitioner owned property as it appeared an earlier addition had precluded building a garage without a variance and felt it was a self induced hardship The petitioner stated he has owned the house for a month and responded to another question that the room Mr Sacco asked about removing was the dining room and vital to the layout of the house No one else spoke in favor Mr McWeeney questioned the attached drive to the office condos and suggested a hammerhead turn around and landscaping where the 2 drives meet to separate them. The petitioner was agreeable to this suggestion In Opposition Mr Ed Jamieson of Bedford who owns 2 units of the abutting office condos said that the area has very busy traffic and with limited visibility at the dnveway he said there was a safety problem He thought that the condo should buy 3 feet of property from the petitioner to expand the condo dnveway, and was afraid that if the petitioner was given approval this option would be lost. When asked why they didn't approach the previous owner, he said they didn't get along Mr Sacco closed the heanng On motion to approve the petition by Mrs Wilson, seconded by Mr Barnert The variance was granted on a 4-1 vote with the condition that the petitioner landscape a separation from the condo drive Mr Sacco voted in the negative 4. 433 Marrett Road Kip LeBaron Appeal of Zoning Enforcement Officer decision 8•.15 pm—Mr Sacco opened hearing The petitioner presented his case that his was a one to one personal training practice that was by appointment from 6.00 am to 9 00 pm There were 3 rooms for appointments and that they served residents from 15 — 80 years of age, seeking physical or emotional improvement through exercise No one else spoke in favor or opposition Mr McWeeney stated that in his opinion under the By-Law that this was like a medical office which was a use approved in the zone, quoting section 6 13 He felt that, high blood pressure, diabetes, and other ailments were all conditions made better through exercise and that under today's medical practice,physical therapy and conditioning were essential elements to wellness Mrs Wilson agreed and said she was going to a personal trainer for her back and was feeling better. She thought this was a good use for the property. Mr. Smith felt that Doctors required certification while trainers didn't so he could not agree to 6 13 Mr Sacco closed the meeting Mr McWeeney made the motion to overrule the Building Inspection with a finding that such use falls under 6.13 which was seconded by Mrs Wilson The motion was approved 4-1 with Mr Smith voting in the negative 5. 8 Rangeway Aaron & Cheryl Shabanian Variance Extension Mr Sacco reported that the petitioner had submitted a letter requesting an extension for the vanance they had received for a modest expansion of their home They wrote that their contractor was unable to start on time No one spoke in favor or opposition On a motion by Mrs Wilson, it was unanimously voted to grant a lyear extension to 9/11/04. The meeting adjourned @ 8 50 pm Attachment—letter of the first two petitioners to withdraw without prejudice