Loading...
HomeMy WebLinkAbout2012-08-23 ZBA-Min Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk, Garry Rhodes, Building Commissioner and Town Council, Attorney Kevin Batt The Chairman opened the meeting at 7:00 pm and requested a motion from the Board to go into executive session to discuss strategy with respect to litigation involving the matter of George V. Keljikian. The Chairman declared holding an open session on this matter may have a detrimental effect on the Town’s negotiating position. Further upon conclusion of the executive session, The Board of Appeals will reconvene in open session at 7:30 pm. On a motion by John J. McWeeney and seconded by Leo P. McSweeney and with a roll call of Leo P. McSweeney, John J. McWeeney, Carolyn C. Wilson, David G. Williams and Martha C. Wood, the Board voted to go into executive session. The Executive Session was held in the Ellen Stone Room. The Board returned to open session at 7:48 pm. BOA Meeting August 23, 2012 2 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Petition Address: 11 Lisbeth Street, Map 13, Lot 335 This hearing had been continued from July 26, 2012. The Chairman started the continued hearing by reading letters from the applicant’s Attorney, Alan A. Wrigley, requesting to withdraw without prejudice two of the requests for relief from the application filed on June 27, 2012: 1) variance from section 135-19D (1) to allow a lot area of 5,590 sq. ft. instead of the required 15,500 and 2) the special permit from section 135-19G to modify an existing nonconforming 2 family dwelling. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to allow the applicant to withdraw without prejudice the following relief: 1) variance from section 135-19D (1) to allow a lot area of 5,590 sq. ft. instead of the required 15,500 and 2) the special permit from section 135-19G to modify an existing non-conforming 2 family dwelling. Attorney Alan A. Wrigley representing the applicant, Abel Jimenez, Manager of Dynamic REI Properties had requested the withdrawals and had filed an application for additional relief on July 30, 2012. It was agreed the Board will discuss the applications from the continued July 26, 2012 hearing and the application received for the August 26, 2012 hearing at the same time. The Chairman opened the hearing for the application filed on July 30, 2012 at 7:52 pm by reading the legal notice and described information received from the petitioner. Petitioner submitted the following information with the application: nature and 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, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. Attorney Alan A. Wrigley representing the applicant, Abel Jimenex, Manager of Dynamic REI Properties, presented the petitions. BOA Meeting August 23, 2012 3 The applicant was requesting the following relief from the continued hearing: 1) Variance from 135-35A, Table 2: Schedule of Dimensional Controls to allow a 5.9 ft. front-yard setback instead of the required 30 ft. front-yard setback; 2) A variance from section 135-35A, Table 2: Schedule of Dimensional Controls to allow a side-yard setback of 11.8 feet instead of the required 20 ft. side-yard setback and; The petitioner is requesting the following additional relief: 1) Variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-32C (1) to allow area floor of 2,650 sq. ft. instead of the existing 1,800 sq. ft. and 2) a Special Permit from section 135-32C to allow reconstruction of a nonconforming structure. Attorney Wrigley explained the plans for the project to the Board and the misunderstanding over the extent of demolision that was to be done on the building permit received. The Board asked if there was any way of making the property less nonconforming. The applicant told the Board they have no intention of increasing footprint of the dwelling, the basement is being made into livable space and the only addition will be bows that are being put in. A Board member questioned if the basement could be made into livable space. Patty Gunicke, representing Nancy Yost of 18 Lisbeth Street, stressed how critical it was that the street not be blocked at any time so that emergency vehicles can pass and also asked about the parking for 3 vehicles. rd 7 Clelland Road asked if there was going to be a 3 floor. No No one spoke in support or in opposition of the petition. The hearing was closed at 8:04 pm. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board voted 5-0 to approve the following relief from the continued hearing: 1. Variance from 135-35A, Table 2: Schedule of Dimensional Controls to allow a 5.9 ft. front-yard setback instead of the required 30 ft. front-yard setback; 2. A variance from section 135-35A, Table 2: Schedule of Dimensional Controls to allow a side-yard setback of 11.8 feet instead of the required 20 ft. side-yard setback and; On a motion by Martha C. Wood and seconded by Leo P. McSweeney the Board voted, 5-0 to approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-32C (1) to allow area floor of 2,650 sq. ft. instead of the existing 1,800 sq. ft. and; On a motion by John J. McWeeney and seconded by Leo P. McSweney the Board vooted 5-0 to grant a Special Permit from section 135-32C to allow reconstruction of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 4 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Petition Address: 44 Eldred Street, Map 83, Lot 100B Petitioner submitted the following information with the application: nature and 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, 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 and the Zoning Administrator. The Chairman opened the hearing at 8:07 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a variance in accordance with the Zoning By-law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 1 ft. instead of the required 15 ft. side yard setback. Tuan Le, owner of the property, presented the petition to the Board by explaining the plans for the proposed garage. Board members asked about the paper street and who owns the bushes and the overgrown trees along the side. The bushes and trees are his, Conservation Commission will not let him take any of the trees down. When asked if he had considered having a 1 car garage Mr. Le told the Board it would not be cost effective Stephen and Linda Kukolich of 42 Eldred Street had questions and concerns regarding building so close to the paper street and could it affect development on the paper street in the future with a building so close. The Building Commissioner responded to the question telling the applicant that the road would be a Planning Board issue and he could not comment on it. There were no questions from the audience. Jeanne Joseph of 32 Eldred Street was concerned that the applicants plot plan was not correct and if the street cannot be developed her land would be deadlocked. BOA Meeting August 23, 2012 5 No one spoke in favor of the petition. The hearing was closed at 8:19 pm. On a motion by Martha C. Wood and seconded by David G. Williams, the Board voted 2-3 to grant a variance in accordance with the Zoning By-law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 1 ft. instead of the required 15 ft. side yard setback. John The petition was J. McWeeney and Leo P. McSweeney voted in favor of the petition. denied. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 6 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 7 Minola Road, Map 40, Lot 109 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan and elevations. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Health Director and the Zoning Administrator. The Chairman opened the hearing at 8:20 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a variance from section 135-35A, Table 2, Schedule of Dimensional Constrols to allow a front yard setback of 26 ft. instead of the required 30 ft. front yard setback. Stephen Wood, owner of the property, presented the application. Mr. Wood explained to the Board the the proposed changes to the front steps and landing. The Board had no questions. Martha Wood did announce she is not related to the applicant. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:22 pm. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a variance from section 135-35A, Table 2, Schedule of Dimensional Constrols to allow a front yard setback of 26 ft. instead of the required 30 ft. front yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 7 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 0 Essex Street, Map 72, Lot 461 Petitioner submitted the following information with the application: nature and justification of request, plot plan, elevations and photographs. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, 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 8:23 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a special permit in accordance with section 135-29A to allow enlargement of a nonconforming structure. Mark Lachance, owner of the property, presented the application. Mr. Lachance described the proposed approximately 20 ft. by 30 ft. one story living space addition over the existing nonconforming garage. A Board member asked how long the structure has been vacant. For at least a year. There were no questions from the audience. No one spoke in opposition to the petition. Bill Bush of 2 Essex Street spoke in favor of the petition. The hearing was closed at 8:26 pm. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a special permit in accordance with section 135-29A to allow enlargement of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 8 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood. Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 28 Estabrook Road, Map 50, Lot 82 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, floor plans and letters of support from 5 abutters. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:27 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38A to allow a side setback of 5 ft. 6 inches ft. instead of the required 7.5 ft. side yard setback and a SPECIAL PERMIT from section 135-29A to allow vertical expansion of a nonconforming structure. Jacky Shi, contractor for the home owners, Juan Li and Yaohui Guo, presented the application. A Board member asked if there was a basement under the sun room. Yes there is. One of the Board members asked for clarification of what relief was needed. Maria Peterson of 30 Estabrook Road asked to go on record that she does not have an objection to the project but she does disagree with the boundaries on the plot plan the applicant submitted. She had a plot plan that shows it to be 3.67 ft. She presented the Board with a copy of her plot plan. The Chairman asked legal council about this potential issue and Attorney Batt advised the Board that if there may be a potential boundary issue then the Board may want to give the greater relief of 3.67 ft. No one spoke in opposition to the petition. The hearing was closed at 8:35 pm. BOA Meeting August 23, 2012 9 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to allow a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38A to allow a side setback of 3.67 ft. instead of the required 7.5 ft. side yard setback. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-29A to allow vertical expansion of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 10 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 1762 Massachusetts Avenue, Map 49, Lot 35A Petitioner submitted the following information with the application: nature and justification of request, topographic plan, floor plans and photographs. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Historic District Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:37 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT in accordance with section 135-78D to allow more or larger signs than are permitted by right. The applicant was also asking for a waiver to the plot plan requirement. Jillian McDonough, representing the applicant Yolanda Taylor, presented the application. There were no questions from the Board or from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:42 pm. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a waiver to the plot plan requirement. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with section 135-78D to allow the applicant to hang a banner for 30 days after opening with the condition that the HDC approves the banner. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 11 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 1729 Massachusetts Avenue, Map 48, Lot 100 Petitioner submitted the following information with the application: nature and justification of request, floor plans, photographs, a copy of a 1986 ZBA decision and a request for waiver of plot plan requirements. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Health Director, Planning and the Zoning Administrator. The Chairman opened the hearing at 8:43 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a modification of a special permit issued in 1986 in accordance with the Zoning By-Law to allow seating of 19 seats instead of the existing 12 seats. Daniel Brennan, representing Starbucks, presented the application. A Board member asked how long the restaurant has been operating with 19 seats. It was brought up when we started remodeling that they had more than was allowed. It had been set up like this for a long time, before he was there. Another Board member encouraged Mr. Brennan to request more outdoor seating. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:46 pm. On a motion by John J. McWeeney and seconded by, the Board voted 5-0 to waive the plot plan requirement. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to allow the modification of a special permit to allow seating of 19 seats instead of the existing 212 seats. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 12 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 401 Lowell Street, Map 46, Lot 37 Petitioner submitted the following information with the application: nature and justification of request, plot plan, photographs, a copy of the lease agreement, e-mail from owner of building dated July 25, 2012 and a request for a waiver to the plot plan requirement. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator the Zoning Administrator. The Chairman opened the hearing at 8:43 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-16, Line 11.11 to allow motor vehical sales. Scott Mabuchi, the applicant and owner of the business, presented the application. A Board member asked if the cars he is selling are presold to his customers. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:51 pm. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to waive the plot plan requirement. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16, Line 11.11 to allow motor vehical sales with the following conditions: BOA Meeting August 23, 2012 13 1. This permit is for a term of 1 year and shall expire one year from the date the decision is filed with the Registry of deeds. It is the applicant’s responsibility to submit to the Zoning Administrator a copy of the filed decision. 2. A maximum of 2 vehicles shall be parked on the property as shown on plans submitted with application. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 14 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk, Garry Rhodes, Building Commissioner and Town Attorney Kevin Batt Address: 7-11 Massachusetts Avenue, Map 13, Lots 416, 417, 422 Petitioner submitted the following information with the application: nature and justification of request, site plan, photographs, Draft Settlement Agreement, Parking Layout, Updated plan dated August 14, 2012, Letter from Lexington Town Manager, Carl Valente, dated August 20, 2012, Copy of 1966, 1973, 2006, 2007 Board of Appeals Decisions, Copy of 1973 Board of Appeals permit and letters of Concern from Ivan and Ellen Basch of 3 South Rindge Avenue Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, the Planning Director, the Fire Department, Economic Development and the Zoning Administrator. The Chairman opened the hearing at 8:53 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a MODIFICATION OF A SPECIAL PERMIT AND MODIFICATION OF A VARIANCEin accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) to allow an existing 1966 special permit to be amended to specificially provide for towing activities as a permited use and to amend the 1973 Variance to permit overnight parking of a limited number of vehicles. Attorney William J. Dailey, Jr. presented the application for the owner of the property and business, Malcolm Keljikian. Attorney Dailey described the zoning of the property since 1924, went over the history of the business, spoke of the Settlement Agreement with the Town of Lexington and installing a gate with a lock box for emergency access. They have put out 3 lights and will continue to keep them off. He feels they have tried to address many of the concerns of the abutters. Attorney Dailey asked the Board to adopt the proposed settlement agreement, they consider this to be a grandfathered use for this property. BOA Meeting August 23, 2012 15 The applicant is asking for the hours of operation be 7:00 am until 9:00 pm Monday thru Friday and 8:00 am until 3:00 pm on Saturdays. The Town is recommending 8:00 am until 6:00 pm, Monday thru Friday and 8:00 am thru 12:00 noon on Saturdays. A Board member asked Attorney Dailey to clarify the amount of cars they are asking to be parked. 50 cars at night and 80 during the day. The Chairman asked about a time limit that cars are allowed to be parked on the premises. The problem is the court process for abandaned cars is long. The following abutters spoke with concerns, opposition and questions: 1. Attorney Anthony Caliendo, 1520 Massachusetts Avenue, Arlington 2. Joel Adler, 22 Village Circle 3. Krishnagopal Menon, 1 South Rindge Avenue 4. Tara Menon, 1 South Rindge Avenue 5. Ellen Basch, 3 South Rindge Avenue 6. Ivan Basch, 3 South Rindge Avenue 7. Mary Reed, 33 Bow Street 8. Howard Li, 5 South Rindge Avenue 9. Jim Cataldo, 52 Bow Street 10. Sultan Khatri, 7 South Rindge Avenue Attorney Dailey spoke to comments and concerns of the abutters. No one spoke in favor of the petition. The Chairman asked the Town Attorney, Kevin Batt, to speak of the settlement agreement. One of the Board members felt that he needed time to go over the agreement and to have time to consider the conditions that may be added. A Board member expressed confusion on the parking plan and the access from Bow Street. They are asking for 80 spaces and there weren’t 80 spaces on the plan. Another Board member asked for clarification on the area for night parking. A Board member felt now that he has heard everything he would like to be able to do a site visit and walk the site. Attorney Batt told the Board they are under a schedule from the courts to reach an agreement but if the Board felt they need more time then the town would be okay with that. Attorney Batt will need to extend the time schedule with the court. One of Board members was impressed and encouraged with the time and the effort that went into the 5 page settlement agreement that had input from the neighbors and would be prepared to make a decision. BOA Meeting August 23, 2012 16 There were questions from the Board on the MBTA land that was leased and how much more the applicant was parking on. After discussion it was determined that the Board would schedule a site visit on Monday, August 27, 2012 at 1:00 pm. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to continue the hearing until September 13, 2012 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting August 23, 2012 17 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall August 23, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Other Business: On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to accept the hearing minutes of July 26, 2012 and August 9, 2012 as written. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk