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HomeMy WebLinkAbout2010-07-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 22, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 51 Worthen Road, Map 57, Lot 132 Petitioner submitted the following with the application for hearing: nature and justification of request; sign plans and elevations; photographs of the sign and proposed location. 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 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. Stephen Garrity presented the petition for the owner, Mark Douglas of Douglas Funeral Home. The applicant is requesting a special permit in accordance with section 135-77A (3) to allow for a free standing sign to replace the existing sign. Mr. Garrity presented a picture of the gold leaf design for the sign. The new sign will be slightly larger than the existing signage. A Board member felt that the sign was very tastefully designed. Another Board member wished it was a little closer to the Street. One of the Board members asked if the sign was illuminated. It is externally lit. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:38 pm. During deliberations there was a discussion of the size of the sign. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to grant the special permit in accordance with section 135-77 A (3) to replace a free standing sign at 51 Worthen Road. . Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, July 22, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 22, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 201 Woburn Street, Map 47, Lot 7B Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; floor plans; letter from the Building Commissioner dated June 9, 2010. A letter was recived from Attorney Edmund Grant dated July 12, 2010 with the following attachments: Applicant’s deed dated July 2, 1979, 1972 Complied Plan of Land in Lexington, dated November 3, 1972, 1926 Deed from Harlow to McNamara, Book of plans 385 Plan 1, 1980 Compiled Plan of Land, Board of Appeals decision dated January 2, 1973. 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 the Building Commissioner, the Conservation Administrator, the Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:38 pm by reading the legal notice and described information received from the petitioner relative to the petition. Bahig Kaldas, owner of the property, presented the petition. The applicant is requesting a variance from section 135-35, Table 2, Schedule of Dimensional Controls to allow a frontage of 0 ft instead of the required 150 ft. The applicant spoke of Attorney Grant’s letter and described the history of the property. The Board had no questions. There were no questions from the audience. Mr. David Lambert of 197 Woburn Street spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 7:48 pm. BOA Meeting, July 22, 2010 3 On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5-0 to approve the variance from section 135-35, Table 2, Schedule of Dimensional Controls to allow a frontage of 0 ft instead of the required 150 ft as submitted at 201 Woburn Street. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, July 22, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 22, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 142 Marrett Road, Map 23, Lot 22A Petitioner submitted the following with the application for hearing: justification of request; Topographic Plan; Plot Plan; Elevations and Floor Plans 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 Conservation Administrator, the Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:49 pm by reading the legal notice and described information received from the petitioner relative to the petition. John Moriarty, owner of the property, presented the petition. The applicant is requesting a variance in accordance with section 135-35 A, Schedule of Dimensional Controls to allow frontage of 30 ft instead of the required 150 ft frontage and a special permit in accordance with section 135-39F to allow use of an existing structure as a temporary structure on the lot. Mr. Moriarty explained he would like to construct a new single family home and retain the existing dwelling as a temporary structure to be demolished after the new building is occupied. The new dwelling would meet current setback requirements. The applicant has received approval by the Conservation Commission and has met with the Planning board and received decision that Bacon St was adequate for the use as proposed. The Board had no questions. There were no questions from the audience. No one spoke in opposition of the petition. Attorney Bill Dailey of 114 Marrett Road spoke in favor of this petition. Ingrid Klimoff of 75 Reed Street spoke in favor of this petition on behalf of her father who lives at 144 Marrett Road. BOA Meeting, July 22, 2010 5 The hearing was closed at 8:05 pm. The shape of the lot is the hardship for this variance. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve a variance in accordance with section 135-35A, Schedule of Dimensional Controls to allow frontage of 30 ft instead of the required 150 ft frontage at 142 Marrett Road. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant the special permit in accordance with section 135-39F to allow use of an existing structure as a temporary structure at 142 Marrett Road with the following conditions: 1.This special permit shall expire 2 years from the date of the building permit is issued. 2.The temporary structure shall be demolished within 30 days of the issuance of the occupancy permit Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, July 22, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 22, 2010 Other Business: On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve the hearing minutes from May 27, 2010, June 3, 2010 and June 10, 2010. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney the board voted 5-0 to approve the minutes from June 24, 2010.