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Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 14, 2010
Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C.
Smith, Carolyn C. Wilson and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 5 Tucker Avenue, Map 13, Lot 214A
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,
Planning Administrator and the Zoning Administrator.
The Chairman opened the hearing at 7:30 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Kevin Kieler of Brady Built Sunrooms presented the petition with the owner of the
property, Juliette Zener.
At the hearing Mr. Kieler presented to the Board a letter of support from Frances Daveta
of 9 Tucker Avenue.
Ms. Zener is requesting a variancefrom section 135-35, Table 2 of the Dimensional
Controls to allow a side-yard setback of 10 ft. instead of the required 15 ft. side-yard
setback.
Mr. Kieler explained the applicant is requesting to demolish an existing side-yard porch
and replace it with a 5-ft. ramp connected to both the main portion of the house and to a
proposed 13-ft. 8-in. by 16-ft. 4-in. addition to the rear of the property. The ramp
(structure) would be enclosed and a portion of the structure would be used for storage.
The applicant believes the hardship is the unique shape of the lot and the placement of the
house on the lot.
The Board asked if they would be taking any of the hemlocks down. The applicant is not
planning on taking any of them down.
The Chairman confirmed that the owner would submit a certified plot plan.
There were no questions from the audience.
No one in the audience spoke in favor or in opposition of the petition.
The hearing was closed at 7:36 pm.
BOA Meeting, January 14, 2010 2
On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5-
0 to approve a variance as requested to allow a side-yard setback of 10 ft. instead of the
required 15 ft. side-yard setback.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, January 14, 2010 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 14, 2010
Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C.
Smith, Carolyn C. Wilson and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 88 Middle Street, Map 34, Lot 87
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 Historic Districts
Commission Clerk. Comments were received from the Building Commissioner and the
Zoning Administrator.
The Chairman opened the hearing at 7:37 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Owner of the property Brent Richter presented the petition along with his Architect, Ann
Snelling.
The applicant is requesting a variance in accordance with section 135-35, Table 2 of the
Dimensional Controls to allow a front-yard setback of 25-ft. instead of the required 30-ft.
This variance is for a window bump-out. In the future, the front stairs would either be
rebuilt modified to fit within the 25-ft. setback, if relief is granted, or an additional
variance would be sought.
The Board questioned why they were not seeking the relief for the stairs now.
One of the Board members questioned why the applicant had objected to a neighbor
requesting the same relief that he is now requesting for himself. Mr. Richter explained
he had objected because there had been a survey error in the setbacks for that neighbor.
There were no questions from the audience.
No one in the audience spoke in favor or in opposition of the petition.
The hearing was closed at 7:45 pm.
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney the Board voted
5-0 to approve a variance to allow a front yard setback of 25 ft instead of the required 30
ft. front yard setback.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, January 14, 2010 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 14, 2010
Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C.
Smith, Carolyn C. Wilson and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 315 Marrett Road, Map 32, Lot 56
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,
the Health Director, Selectmen’s Office and the Zoning Administrator.
The Chairman opened the hearing at 7:46 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Steve Cao, owner of the business, presented the petition.
The applicant is requesting a special permit in accordance with section 135-16A, Line
9.13 to operate a Taiwanese Chinese take out food service. The applicant would occupy
the former Denian’s Café.
Denian’s was granted a special permit in 2008 to allow a takeout food service serving
enough food to comprise a meal. That special permit was conditioned for one year. The
applicant is before the board for a new special permit to allow a takeout food service
under the current version of line 9.13 of the Table of Uses.
The takeout food service definition was changed by November 2009 town meeting action
from: “takeout or fast food service serving food or beverages…but not enough to
comprise a meal” to the current definition: “takeout food service- an establishment
primarily for dispensing prepared food to persons carrying the food away for
consumption elsewhere.” At this time, the bylaw is under review by the Massachusetts
Attorney General. The change is provisionally in effect.
He is not planning on any seating at this time.
A Board member asked if there would be a name change. The new establishment will be
called “Formosa Taipei”.
The Board also questioned what have they put into place to take care of the odors. The
applicant is not expecting it to have any more odors than previously but they have
installed a hood system over the fryers.
BOA Meeting, January 14, 2010 5
One of the Board members commented that if they ever considered seating then the
Board would need to take a look at the entire parking lot plan.
The Chairman confirmed the hours for the business.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 7:54 pm.
On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5-
0 to GRANT the special permit from the Code of the Town of Lexington (Zoning By-
Law) in accordance with section 135-16A, Line 9.13 to operate a operate a Taiwanese
Chinese take out food service for a period of one year with the following conditions:
1.Hours shall be Monday through Friday from 11:00 am until 9:30 pm and Saturday
and Sunday from 10:30 am until 9:00 pm.
2.There shall be no tables and no consumption of food on the premises.
3.No deliveries before 7:00 am or after 8:00 pm.
4.Trash shall be kept in a locked dumpster.
5.Permit is for one year and will expire on January 14, 2011.
6.Applicant shall be responsible for renewing the special permit 8 weeks before the
expiration date.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, January 14, 2010 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
January 14, 2010
Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C.
Smith, Carolyn C. Wilson and Associate Member David G. Williams
Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 218 Bedford Street, Map 65, Lot 172
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 Zoning Administrator.
The Chairman opened the hearing at 7:55 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Designer Amelia Glickman and the homeowner, Elizabeth Wijkman Treitler, presented
the petition.
The applicant is requesting a special permit in accordance with the Zoning By-Law
section 135-19 E and 135-11 to allow an accessory structure apartment.
The applicant seeks to convert a portion of the existing barn into an accessory apartment.
What is referenced in the submittal as ‘carriage house’ is shown on the plan of land as
‘barn’ and was built in 1912.
The barn would be converted to a garage on the first level and an accessory apartment on
the second level. The footprint of the building will remain the same.
One of the Board members asked where the driveway will be located.
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 8:02 pm.
On a motion by David G. Williams and seconded by Carolyn C. Wilson, the Board voted
5-0 to grant a Special Permit from the Code of the Town of Lexington (Zoning By-Law)
section 135-19 E and 135-11 to allow an accessory structure apartment as per plans
submitted.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, January 14, 2010 7
Other Business:
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted
4-0 to approve the minutes from December 10, 2009. Associate member David G.
Williams did not vote.