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HomeMy WebLinkAbout2012-01-26-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 26, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 12 Moon Hill Road, Map 14, Lots 84 Petitioner submitted the following information with the application: nature and justification of request, mortgage plot plan, floor plans, a request for a Waiver from the certified plot plan requirement and letter from Building Commissioner dated October 25, 2011. 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 from the Building Commissioner, the Conservation Administrator, the Health Director, the Planning Director and the Zoning Administrator. The Chairman opened the hearings at 7:30 pm by reading the legal notice and described information received from the petitioner. The applicant is appealing a decision of the Building Commissioner dated October 25, 2011 in accordance with the Lexington By-Law section 135-10A. The applicant is seeking to allow conversion of the garage for a home occupation use. The applicant is also seeking a waiver on the certified plot plan requirement. Erica Bigelow of Rich May PC representing the owners of the property, Laurelyn and John Roberts presented the petition. There were questions from the Board regarding the parking requirements for the nd accessory apartment on the 2 floor of the garage. The petitioner was asked to describe the bakery operation pertaining to hours, deliveries, shipping, number of employees, etc. The Chairman asked for comments from the Building Commissioner, Garry Rhodes regarding the By-Law and his denial of the building permit. There were no questions from the audience. No one spoke in favor or in opposition to the petitions. BOA Meeting January 26, 2012 2 The hearing was closed at 7:46 pm Decision: On a motion by Martha C. Wood and seconded by Leo P McSweeney the Board voted 5 to 0 to grant the waiver on the certified plot plan requirement. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 4-1 to uphold the Building Commissioner’s decision to not issue a BUILDING PERMIT to allow conversion of the garage for a home occupation use in accordance with and § 135-8. Therefore, the applicant’s appeal was not granted. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 26, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 12, 2012 Board Members Present: Chairman – John J. McWeeney, Leo P. McSweeney, David G. Williams, Martha C. Wood and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 12 Moon Hill Road, Map 14, Lots 84 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, mortgage plot plan, floor plans, a request for a Waiver from the certified plot plan requirement and letters from 4 abutters in support of the petition. 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 from the Building Commissioner, the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearings at 7:30 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a Variance in accordance with the Lexington By-Law sections 135-8 and 135-25.1 to allow change of use of an accessory structure for a minor home occupation (home baking business). Erica Bigelow of Rich May PC representing the owners of the property, Laurelyn and John Roberts presented the petition. Board members discussed other feasible alternatives; asked about the basement of nd the house structure, venting issues and parking for the accessory apartment on the 2 floor of the garage. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:58. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 3-2 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of the Town of Lexington) § 135-10B in accordance with § 135-8, and § 135- 25.1. Therefore, the VARIANCE was not granted at 12 Moon Hill Road. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 26, 2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 12, 2012 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 92 Hayden Avenue, Map 18, Lot 4A Petitioner submitted the following information with the application: nature and justification of request, site plan, sign plans, elevations, photographs and a copy of the special permit issued on January 4, 2010, 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 from the Conservation Administrator, and the Zoning Administrator. The Chairman opened the hearings at 8:04 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting 2 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-75A to allow an internally illuminted wall sign and a SPECIAL PERMIT from sections 135-75A and 135-77A to allow MODIFICATION OF A SPECIAL PERMIT issued October 1984 for double sided brick sign to be illuminated on one side. Hazel Wood Hopkins, representing Innosite, LLC presented the petition along with William Galligan of Advanced Signing LLC and Matt Eyring, Managing Partner at Innosight. Board members asked the petitioner about the lighting hours for the sign facing Rte 2; where are bulbs placed on the signs; what types of events are held at the site in the evening and would conditions on the lighting time be acceptable. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:20 pm. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to approve A SPECIAL PERMIT to allow an illuminated wall sign and one illuminated sign face in accordance with § 135-75A and § 135-11 as per the plans submitted with the application. BOA Meeting January 26, 2012 5 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve A SPECIAL PERMIT MODIFICATION to allow replacement and modification of an existing standing sign face in accordance with § 135-77A (3) and § 135-78D as per the plans submitted with the application with the condition that the sign will be turned off by 10:00 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 26, 2012 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 12, 2012 Board Members Present: Chairwoman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 29 Pearl Street, Map 29, Lot 3A Petitioner submitted the following information with the application: nature and justification of request; 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 Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:24 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting a special permit from section 135-29A to allow a nonconforming structure to be enlarged or extended. Emilio Matarazzo presented the petition for the owners of the property, Rucela and Earl Ada. There were no questions from the Board. There were no questions from the audience. Jean Barrett of 25 Pearl Street spoke in favor of the petition. No one spoke in opposition to the petitions. The hearing was closed at 8:27 pm Decision: On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT, from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-29A and § 135-11B to allow a nonconforming structure to be enlarged or extended at 29 Pearl Street Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 26, 2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall January 12, 2012 Other Business: On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted to approve the minutes of January 12, 2012. Submitted by: Dianne Cornaro, Administrative Clerk