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HomeMy WebLinkAbout2010-06-24-ZBA-min Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall June 24, 2010 Board Members Present Chairman -Nyles N Barnert, John J McWeeney, Carolyn C Wilson, and Associate Members Marilyn K. Kolb for David G Williams and Associate Member Leo P McSweeney for Martha C Wood. Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 0 Grove Street, Map 87, Lot 9 This hearing was continued from the May 27, 2010 hearing to give the applicant time to look at other locations At 7 30 the applicant, Attorney Jennifer E Lewis representing T Mobile Northeast, was not present to continue the hearing. The Chairman tabled the hearing until the end of the agenda. At 8 00 the applicant still had not arrived. The Board had a discussion as to what to do since the applicant was not present at the hearing. Attorney Thomas Fenn, representing several abutters asked the Chairman to be able to speak on behalf of the neighbors He presented the Board with a petition with over 70 signatures against the petition. Elizabeth Naughton of 162 Grove Street spoke of the discussion at the previous hearing for the need for coverage in this area. She is a T-Mobile customer and has had no problems with a lack of coverage in the area. No one spoke in favor of this petition. Hank Buccigross of 146 Grove Street spoke in opposition of the petition. The hearing was closed at 8 14 pm. On a motion by Carolyn C Wilson and seconded by Marilyn K. Kolb, the Board voted 0-5 to approve the special permit to install operate and maintain a wireless communications facility and to exceed height requirements at 0 Grove Street. Since the applicant failed to respond to the Boards request to provide other possible locations, the petition was denied. Submitted by Dianne L. Camaro, Administrative Clerk Minutes of June 24 2010 2 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall June 24, 2010 Board Members Present Chairman -Nyles N Barnert, John J McWeeney, Carolyn C Wilson, and Associate Members Marilyn K. Kolb for David G Williams and Associate Member Leo P McSweeney for Martha C Wood. Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 3 Cart Path Lane, Map 2, Lot 1K This petition had been postponed from May 13, 2010 and May 27, 2010 The Chairman read a letter from Attorney John Farrington, representing the Trustee for the property Joseph C Lerman, requesting to continue this hearing until July 8, 2010 On a motion by Carolyn C Wilson and seconded by Leo P McSweeney, the Board voted 5-0 to postpone the hearing until July 8, 2010 Submitted by Dianne Cornaro, Administrative Clerk BOA Meeting,Jame 24 2010 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall June 24, 2010 Board Members Present Chairman - Nyles N Barnert, John J McWeeney, Carolyn C Wilson, and Associate Members Marilyn K. Kolb for David G Williams and Associate Member Leo P McSweeney for Martha C Wood. Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 45 Hartwell Avenue, Map 85, Lot 18A Before opening the hearing the Chairman read a letter from Steven Duffy requesting to withdraw without prejudice the petition for a special permit for illumination of a sign. On a motion by Carolyn C Wilson and seconded by Martha C Wood, the Board voted 5-0 to allow the petition for a special permit to allow for an internally illuminated standing sign be withdrawn without prejudice Submitted by Dianne Camaro, Administrative Clerk BOA Meeting,Jame 24 2010 4 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall June 24, 2010 Board Members Present Chairman - Nyles N Barnert, John J McWeeney, Carolyn C Wilson, and Associate Members Marilyn K. Kolb for David G Williams and Associate Member Leo P McSweeney for Martha C Wood. Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 50 Cliffe Avenue, Map 20, 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 Building Commissioner and the Zoning Administrator Petitioner submitted the following with the application for hearing justification of request, Topographic Plan, Plot Plan, Elevations, Floor Plans, Photographs and a petition of support signed by 5 abutters 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. The owner of the property, Zach Burnett, presented the petition. The applicant is requesting 2 variances from section 135-35, Tale 2, Schedule of Dimensional Controls to allow a front yard setback of 14 ft 8 inches instead of the required 30 ft and to allow a side yard setback of 1 ft 2 inches instead of the required 12 ft Mr Burnett presented pictures of the house the way it was when he bought it in November of 2008 and how it is presently with some renovations completed. The applicant would like to construct a multi-story 476 ft addition to the side of the structure Board members asked if the tree warden had been consulted, what is the basement ceiling height and asked for clarification as to where the addition would be on the house Other Board Members asked about the plot plan and how close the neighbor's house on the left is to the plot line There were no questions from the audience Eric Arnold of 54 Cliffe Avenue spoke in favor of the petition. No one spoke in opposition. BOA Meeting,Jame 24 2010 5 The hearing was closed at 7 52 pm. On a motion by Marilyn K. Kolb and seconded by Carolyn C Wilson, the Board voted 5-0 to approve the 2 variances from section 135-35, Tale 2, Schedule of Dimensional Controls to allow a front yard setback of 14 ft 8 inches instead of the required 30 ft and to allow a side yard setback of 1 ft 2 inches instead of the required 12 ft as per plans submitted for 46 Bedford Street. Submitted by Dianne L. Camaro, Administrative Clerk BOA Meeting,Jame 24 2010 6 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall June 24, 2010 Board Members Present Chairman - Nyles N Barnert, Carolyn C Wilson, and Associate Members Marilyn K. Kolb for David G Williams, Associate Member Leo P McSweeney for Martha C Wood and Associate Member Steve L Coleman for John J McWeeney Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Petition Address 46 Bedford Street, Map 57 Lot 14A Petitioner submitted the following with the application for hearing justification of request, plot plans, elevations, sign plans and photographs 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. Comments were received from the Conservation Administrator, the Historic District Commissions Clerk and the Zoning Administrator The Chairman opened the hearing at 7 52 pm by reading the legal notice and described information received from the petitioner relative to the petition. Eric Brown presented the petition along with the owner, Dan Yu of 46 Bedford Street, LLC The applicant explained that he will not be requesting to have the free standing sign internally lit, therefore he only is requesting for 1 special permit in accordance with 135-77 (A) (3)to allow for the free standing sign. They are requesting to withdraw their request for a special permit in accordance with 135-75 (A)to have the sign internally lit A Board member asked if the sign will be externally lit and what hours would the sign be on. There were no questions from the audience No one spoke in favor or in opposition to the petition. The hearing was closed at 8 45 pm. On a motion by Carolyn C Wilson and seconded by Steve L Coleman, the Board voted 5-0 to allow the special permit for an internally lit sign be withdrawn without prejudice On a motion by Carolyn C Wilson and seconded by Leo P McSweeney, the Board voted 5-0 to grant the special permit to allow a free standing pylon sign at 46 Bedford Street Submitted by Dianne L. Camaro, Administrative Clerk BOA Meeting,Jame 24 2010 7 Minutes of the Lexington Zoning Board of Anneals Selectmen's Meeting Room, Lexington Town Hall June 24, 2010 Board Members Present Chairman - Nyles N Barnert, John J McWeeney, Carolyn C Wilson, and Associate Members Marilyn K. Kolb for David G Williams and Associate Member Leo P McSweeney for Martha C Wood. Staff Present Dianne L Cornaro, Administrative Clerk and David L George, Zoning Administrator Other Business On a motion by Carolyn C Wilson and seconded by John J McWeeney, the Board to accept the minutes of April 22, 2010 On a motion by Carolyn C Wilson and seconded by Marilyn K. Kolb, the Board to accept the minutes of May 13, 2010 The Chairman spoke to the Board regarding the Open Meeting Law seminar he attended. He highlighted 3 areas of change he thought would impact this Board 1)the public notice of the agenda. 2) The minutes including all papers received at the hearing and 3) all e-mails regarding Board information should go through the clerk, the Board members should not e-mail one another directly