HomeMy WebLinkAbout2010-08-26 ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 26, 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: 6 Bruce Road, Map 14, Lot 7
Petitioner submitted the following with the application for hearing: nature and justification;
topographic map; plot plan; elevations; floor 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 Director and the Historic Districts
Commission Clerk. Comments were received the Historic Districts Commission 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.
David Nuss, owner of the property, presented the petition.
The applicant is requesting a variance in accordance with section 135-35, Table 2 Schedule of
Dimensional Controls to allow a front yard setback of 18.8 ft. instead of the required 30 ft.
front yard setback to remove the existing front stairs and replace with a wider set of stairs.
Mr. Nuss explained the deterioration of the stairs and the need to replace them.
There were no questions from the Board.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 7:33 pm.
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0
to approve a variance in accordance with section 135-35, Table 2 Schedule of Dimensional
Controls to allow a front yard setback of 18.8 ft. instead of the required 30 ft. front yard setback
at 6 Bruce Road.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, August 26, 2010 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 26, 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: 411 Waltham Street, Map 32, Lot 14
Petitioner submitted the following with the application for hearing: nature and justification of
request; site plan; sign/banner plans; banner log sheet 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 and the Historic Districts
Commission Clerk. Comments were received from the Planning Director 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.
Suren DerAvedisian of J & T Enterprises of Massachusetts presented the petition.
The applicant is requesting to renew a special permit in accordance with the Zoning By-law
section 135-78D and 135-11 to allow 2 temporary signs.
The applicant is requesting permission to have the sandwich board out seven days a week from
open to close and is asking to extend the amount of time the banners are allowed to be hung
from 14 weeks to 20 weeks.
Mr. DerAvedisian requested to extend the time the banner is allowed to be hung from 14 weeks
a year to 20 weeks.
Two of the Board members questioned whether the applicant needed to add balloons to the
sandwich board; they did not feel it was necessary.
The Chairman asked Mr. DerAvedisian how long he was looking to renew this special permit
for. He would like to renew it for 2 to 3 years.
There also was a question from the Board if there were any complaints from the other
merchants in the strip mall.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
BOA Meeting, August 26, 2010 3
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,
renew the special permit authorized under § 135-78D in accordance with § 135-11 to allow
temporary signage at 411 Waltham Street subject to the following conditions:
1.One (1) banner sign shall be permitted for the site. The banner sign shall be a maximum 2-
ft. by 10-ft. and displayed on the exterior of the building.
2.The banner sign shall be displayed a maximum of 14 weeks.
3.One (1) sandwich board sign shall be permitted for the site. The sandwich board sign shall
be a maximum 2-ft. by 3.75-ft. and displayed adjacent to the driveway entrance on private
property.
4.The above listed sandwich board sign shall be brought indoors daily after the store closes
and there shall be no balloons attached to the sandwich board.
5.The applicant shall keep a log of when the banner sign is on display. The log shall be
submitted to the ZBA as part of any future ZBA submittal. The logbook shall be available
in the store for view by the Zoning Administrator.
6.The special permit is granted for 2 years and expires on August 26, 2012.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, August 26, 2010 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 26, 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: 450 Bedford Street, Map 84, Lot 41G
Petitioner submitted the following with the application for hearing: justification of request;
Plot Plan; Site Plan, 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, the Historic Districts
Commission Clerk and the Design Advisory Committee Comments were received the
Conservation Administrator, the Selectmen’s Office, the Zoning Administrator and the Design
Advisory Committee.
The Chairman opened the hearing at 7:45 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Jeff Kwass of Viewpoint Signs presented the petition with Mark Verreault of Bedford Street,
LLC.
The applicant is requesting 2 special permits in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) section 135-77 (8) with 135-78 D and 135-75 A to allow two
internally illuminated free standing signs.
Mr. Kwass explained the proposed sign is to replace the existing sign within the same footprint.
The sign shall have a stone slab similar to the current sign and the letters on the sign shall be
internally illuminated.
The Chairman asked for clarification on the height of the proposed sign compared to the
present signage.
The Board discussed the visibility problems of the current sign, the need for a larger sign and
the need for the sign to be lit.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:52 pm.
BOA Meeting, August 26, 2010 5
On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5-0 to
grant 2 special permits in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) section 135-77 (8) with 135-78 D and 135-75 A to allow two internally illuminated
free standing signs at 450 Bedford Street.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, August 26, 2010 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 26, 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: 321 Marrett Road, Map 32, Lot 56
Petitioner submitted the following with the application for hearing: justification of request;
Site Plan; Parking Plan; 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, Health
Director and Zoning Administrator. A letter of support was received from the Lexington
Chamber of Commerce.
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.
Attorney John Farrington presented the petition along with the petitioner, Jim Garabedian.
The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law Table
1, Line 9.12, Table of Permitted Uses and Development Standards to allow for a fast food
service.
Attorney Farrington explained the History of the Building, the parking, hours of operation,
seating, handicapped accessibility and the service to be provided.
Mr. Garabedian also spoke of his past experience as a business owner and his commitment to
give back to the community.
One of the Board members asked about the ventilation system. Mr. Garabedian said he bought
new state of the art equipment that will be going into this restaurant.
Another Board member asked how is garbage and trash handled.
One of the Board members had a concern with parking and one asked about picking up trash
around the site.
Jim Manganello, owner of the building, addressed the Board regarding their concern about
trash, the dumpster and the number of times a week it will be picked up.
BOA Meeting, August 26, 2010 7
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 8:10 pm.
On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to
grant a SPECIAL PERMIT in accordance with the Zoning By-Law Table 1, Line 9.12, Table of
Permitted Uses and Development Standards to allow for a fast food service as shown in plans
provided with the following conditions:
1.Permitted hours of operation are Monday thru Saturday, 11:00 AM to 10:00 PM and
Sunday from 12:00 pm until 9:00 pm.
2.There will be no deliveries or trash pick-up before 7:00 AM or after 8:00 pm. All
deliveries will be to the rear of the store.
3.One handicap-accessible toilet will be provided for patrons.
4.The dumpster will be screened and emptied as needed to meet Board of
Health standards.
5.The dumpster shall be kept locked before 7:00 AM.
6.Trash receptacles will be provided, and the parking lot will be kept free of
litter.
9. This special permit is for a period of 1 year and will expire one year from the date of
opening. It is the responsibility of the owner to notify the Board of Appeals in writing the
date the restaurant will be opened.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, August 26, 2010 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 26, 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: 22 Sherman Road, Map 48, Lot 134
Petitioner submitted the following with the application for hearing: nature and justification;
topographic map; plot plan; elevations; floor plans and a copy of the mortgage deed dated July
1, 1983.
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 Director and the Historic Districts
Commission Clerk. Comments were received the Health Director and the Zoning
Administrator.
The Chairman opened the hearing at 8:13 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Architect Bill Erickson presented the petition for the owners of the property, Tim and Carol
Counihan.
The applicant is requesting the following relief: 1) Special Permit in accordance with section
135-19 G to expand a nonconforming 2-family residence; 2) Special Permit in accordance with
article 135-29A to allow the expansion of the existing nonconforming dwelling; 3) Variance
from section 135-19 D 1 to allow a total lot area of 14,716 sq ft instead of the required 15,550
sq ft lot size; 4) Variance from section 135-29A 1 to allow the degree of non-conformity to be
greater than the 50% allowed; and 5) Variance from section 135-35, Table 2 Schedule of
Dimensional Controls to allow a front yard setback of 24 ft instead of the required 30 ft front
yard setback at 22 Sherman Street.
Mr. Erickson explained the project to the Board and explained the hardship as being that the
house was situated within the setback before the zoning requirements were in effect.
A Board member asked if there was a third floor and asked for clarification from the Zoning
Administrator as to need for a special permit.
A Board member asked if the structure was being built with open ground under it. (Yes it is all
open.)
There were no questions from the audience.
BOA Meeting, August 26, 2010 9
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:26 pm.
On a motion by Carolyn C, Wilson and seconded by Martha C, Wood, the Board voted, 5-0, to
grant the following relief: 1) Special Permit in accordance with section 135-19 G to expand a
nonconforming 2-family residence; 2) Special Permit in accordance with article 135-29A to
allow the expansion of the existing nonconforming dwelling; 3) Variance from section 135-19
D 1 to allow a total lot area of 14,716 sq ft instead of the required 15,550 sq ft lot size; 4)
Variance from section 135-29A 1 to allow the degree of non-conformity to be greater than the
50% allowed; and 5) Variance from section 135-35, Table 2 Schedule of Dimensional Controls
to allow a front yard setback of 27.5 ft instead of the required 30 ft front yard setback at 22
Sherman Street as requested. The hardship was based on the location of the building and the
shape of the lot.
Submitted by: Dianne Cornaro, Administrative Clerk
.
BOA Meeting, August 26, 2010 10
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 26, 2010
Other Business:
On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the board voted 5-0 to
approve the minutes from August 12, 2010.
There was no other business.