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HomeMy WebLinkAbout2009-10-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 22, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1000 Main Campus Drive, Map 1, Lot IA The Chairman read a letter from Steven Schwartz of Goulston and Storrs, representing AvalonBay, requesting to postpone the hearing for an appeal of the Building Commissioner dated July 14, 2008. The hearing had been postponed on December 11, 2008, January 22, 2009, March 26, 2009 and June 25, 2009. They are now requesting to postpone the hearing scheduled for October 22, 2009 until Thursday, January 28, 2010. On a motion by Carolyn C. Wilson and seconded by John J, McWeeney, the Board voted 5 -0 to postpone the hearing until Thursday, January 28, 2010 at 7:30 pm. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 24, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 22, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 240 Bedford Street, Map 71, Lot 61A Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator, Historic Districts Commission Clerk and the Design Advisory Committee. Comments were received from the Design Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Hsiu -Chin J. Kuo presented the petition. The petitioner is requesting a special permit in accordance with sections 135 -78 and 135- 11 of the Zoning By -Law to allow a double -sided non - illuminated freestanding sign. The applicant indicated the building was setback approximately 0.1 miles from the street. The sign was needed so patrons could find the building. She indicated the sign was required Kumon Learning Center. A new sign was submitted at the hearing, which contained the additional information: "Enter Here" and an arrow directing patrons to the rear building. The Board asked why names of other tenant in the building were not on the sign and had a concern as to why her name only was on the sign. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing closed at 7:43 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 4- 1, with John J. McWeeney opposing the special permit, to approve the double -sided non - illuminated freestanding sign at 240 Bedford Street as per the drawings presented at the hearing. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 24, 2009 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 22, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 33 Cottage Street, Map 48, Lot 267A Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 7:43 pm by reading the legal notice and described information received from the petitioner relative to the petition. Glen M. Lee, owner of the property, presented the petition. Mr. Lee is requesting a variance from section 135 -35, Table 2, Schedule of Dimensional Controls to allow a rear -yard setback of 8.4 -ft. instead of the required 15 -ft. rear -yard setback. He explained that he had received approval previously on this project but had not acted on it. There are no changes from what he originally was doing. The Board questioned Mr. Lee as the whether the house was ever a 2- family home; what was the hardship and also discussed the concern of the property ever being owned by the railroad. Staff explained to the board the building code issues related to expanding a property adjacent to a railroad. Mr. Lee indicated the house had been converted from a two - family house to a single - family house. In describing the overall project, Mr. Lee acknowledged the front porch had been demolished and rebuilt without the benefit of a building permit. He believed the work was correctly done under a building permit allowing interior work. The Board recommended the applicant see a lawyer regarding the railroad issues. A Board member also asked the applicant to explain the addition on the plot plan. There were no questions from the audience. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:58 pm. BOA Meeting, September 24, 2009 4 On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0, to grant the variance in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -35, Table 2 of the Dimensional Control 2 to allow a rear -yard setback of 8.4 -ft. instead of the required 15 -ft. rear -yard setback at 33 Cottage Street. Submitted by: Dianne Cornaro, Administrative Clerk Other Business: 1. The Board held the election of officers for the coming year. They were as follows: • On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted Nyles N. Barnert as Chairman. • On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted John J. McWeeney as Vice - Chairman. • On a motion by John J. McWeeney and seconded by Nyles N. Barnert, the Board voted Carolyn C. Wilson as Clerk. • On a motion by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted Dianne L. Cornaro as Administrative Clerk. 2. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 3 -0, with Martha C. Wood and Arthur C. Smith not voting, to approve the minutes of the October 8, 2009 hearing. 3. The Board discussed the recommendations of the Planning Board to change the By -Laws for restaurants as a use by right with conditions. Nyles Barnert and the Board Members went over a draft letter he had prepared and had a discussion stating the reasons why the Board did not support this change. Submitted by: Dianne Cornaro, Administrative Clerk