HomeMy WebLinkAbout2011-02-24 ZBA-Min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
February 24, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson,
and Associate Members Nancy M. Adler and Marilyn Kolb.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 40 Waltham Street, Map 48, Lot 36A, Unit 4
Petitioner submitted the following with the application for hearing: nature and justification of
request; 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 and the Historic Districts
Commission Clerk. Comments were received from the Historic Districts Clerk 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.
Ken Duval of Duval Sign Company presented the petition for the owner of the business, Clara
Paik.
The applicant is requesting a special permit in accordance with section 135-78D to allow for
more or larger signs than are permitted as of right.
The applicant explained they are requesting a second sign in Korean be put up in front of their
location. Many of their prospective customers are Korean and do not speak English.
They have received approval for this sign by the Historic District Commission.
A Board member asked if she had one or two units in the building. She occupies one unit only.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:34 pm.
On a motion by Carolyn C. Wilson and seconded by Nancy M. Adler, the Board voted 5-0 to
grant the special permit in accordance with section 135-78D to allow for more or larger signs
than are permitted by right.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Minutes February 24 2011
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
February 24, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson,
and Associate Members Nancy M. Adler and Marilyn Kolb.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 315 Marrett Road, Map 32, Lot 56
The Chairman read a letter from Steve Cao of Formosa Taipei, requesting to withdraw his
application without prejudice due to the change in the Lexington By-Law which makes his
establishment allowable by right and therefore making the renewal not needed.
On a motion by Carolyn C. Wilson and seconded by Marilyn K. Kolb, the Board voted to accept
the withdrawal without prejudice.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Minutes February 24, 2011
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
February 24, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson,
and Associate Members Nancy M. Adler and Marilyn Kolb.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 1841 Massachusetts Avenue, Map 49, Lot 8A
Petitioner submitted the following with the application for hearing: nature and justification of
request; floor plans; a letter from Attorney Thomas Fenn dated February 21, 2011 with
additional information and a letter from building owner dated February 21, 2011 with his
authorization for the renovations.
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 Health Director,
the Planning Director and the Zoning Administrator.
The Chairman opened the hearing at 7:40 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Attorney Thomas Fenn, presented the application for the owner of Via Lago, Alan Jick, who
wishes to add 32 seats to the back half of the unit which is presently occupied by Fancy Flea
Antiques.
The applicant is requesting a special permit in accordance with section 135-64 to allow 0 parking
spaces instead of the 7 required spaces.
A Board member asked for clarification as to how the units would be split with the stairs to the
basement and the storage in the basement.
The Chairman asked would Fancy Flea be giving up any spaces to them; would Via Lago be
adding more help and where do the employees park. They may add one more waitress and
employees park in the municipal parking lot.
There were no audience questions.
No one spoke in favor or in opposition to the petition.
The Chairman closed the hearing at 7:50 pm.
BOA Meeting, February 24, 2011
Decision:
On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to
approve the variance in accordance with section 135-64 to allow 0 parking spaces instead of the
7 required parking spaces at 1841-1845 Massachusetts Avenue.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Minutes February 24, 2011
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
February 24, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, Carolyn C. Wilson,
and Associate Members Nancy M. Adler and Marilyn Kolb.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Other Business:
1.On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted
5-0 to approve the minutes of February 10, 2011.
.
Dianne Cornaro, Administrative Clerk
Submitted by: