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HomeMy WebLinkAbout2010-11-18 ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 18, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Carolyn C. Wilson, and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 846 Massachusetts Avenue, Map 22, Lot 74 This hearing had been continued from September 23, 2010 and October 14, 2010 to give the applicant time to go before the Historic District Commission for approval of the awning. A copy of the Certificate of Appropriateness was presented to the Board before this hearing. Petitioner submitted the following with the application for hearing: justification of request; Site Plan and Sign Plans. A letter of support was received from the owner of the Building, Beth Gaudette. 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 Historic District Commission’s Clerk and the Zoning Administrator. Jeanne Ciampa, owner of the Music Wizard, presented the petition. The applicant is requesting a special permit to allow installation of an awning sign. There were no questions from the Board or audience. rd Michelle Yannetti of 15 Donald Road spoke in favor of the petition at the September 23 hearing. No one spoke in opposition to the petition. The hearing was closed at 7:32 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5-0 to grant the special permit in accordance with the Zoning By-Law section 135-78D to allow installation of an awning sign as approved by the Historic District Commission. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, November 18, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 18, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Carolyn C. Wilson, and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 187-189 Bedford Street, Map 64, Lot 72 This hearing had been continued from the October 14, 2010 to give the applicant time to go before the Design Advisory Committee. The Board received a memorandum from the DAC not recommending the approval of the internal illumination of this sign. The DAC offered several design alternatives and recommended the applicant return to the DAC for further review of a design that will externally illuminate the sign. Letters of opposition were received from Judith Uhrig of 89 Potter Pond and Caroline Fitzgerald of 55 Gleason Street prior to the October 14, 2010 meeting. An e-mail and letter had been received from Caroline Fitzgerald of 55 Gleason Road in opposition of the sign with a petition of opposition signed by 12 Lexington residents. Terry Wilkins of Barlo Signs presented the petition with the business owner’s son, Tony Ciampa. The applicant is requesting a special permit from section 135-75A to allow an internally illuminated double sided sign. The Chairman asked if the applicant had considered the DAC alternate suggestions for external illumination of the sign. One of the Board members asked if the height of the sign had any bearing on the illumination. George Eisenberg of 54 Gleason Road asked why an external light can’t be put on the sign. Kelley Fitzgerald of 55 Gleason Road asked the Board to justify the reason why a special permit should be granted. The Chairman explained that is why the petitioner is before the Board. James Wood of 51 Gleason Road spoke in opposition of the petition. No one spoke in favor of the petition. The hearing was closed at 7:47 pm. BOA Meeting, November 18, 2010 3 During discussion the majority of the Board was not in favor of granting an internally illuminated sign. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 2-3 to grant the SPECIAL PERMIT in accordance with section 135-75A to allow an internally illuminated double sided sign. The motion failed and the SPECIAL PERMIT WAS DENIED. Nyles N. Barnert, John J. McWeeney and Associate Member William P. Kennedy voted to oppose the internally illuminated sign. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, November 18, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 18, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Carolyn C. Wilson, Martha Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Other Business: 1.Decision for 300 Patriots Way was approved to be filed. 2.On a motion by Carolyn C. Wilson and seconded by William P. Kennedy the Board voted 5-0 to approve the minutes from October 14, 2010. 3.On a motion by Carolyn C. Wilson and seconded by William P. Kennedy the Board voted 5-0 to approve the minutes from October 28, 2010. 4.The Board met with Jerry Paul and John Frey of the Tree Committee to discuss proposed changes in the tree by-law. The Board felt the changes would infringe on personal property and were not comfortable with it. They would not support proposed changes. The Chairman suggested they go to the Design Advisory Committee.