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HomeMy WebLinkAbout2006-02-09-ZBA-min Minutes of the Lexington Zoning Board of Appeals February 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: 10 Maguire Road The relief sought is for a Modification of a Special Permit granted in December, 2005, to remove condition of nighttime use restrictions. The Chairman opened the hearing at 7:48 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. We had received a memorandum from the Police Department regarding their attendance at the ICE public information meeting and finding no issues with the Special Permit. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer and Planning Board. There were no comments from any Board or Commission. No written comments were received from any abutters. Attorney John Farrington presented the petition for Robert King of Essex River Ventures. Also attending the hearing were: Michael Dunbar, US Government General Services Administration; Jim Martin, Deputy Director of ICE New England; Bruce Chadbourne and Director of ICE New England. Attorney Farrington presented a petition signed in support by the tenants of 10 Maguire Road and gave a brief explanation of the modification needed. Questions from the Board: What are the normal working hours? (6:00 am to 7:00 pm, Monday thru Friday) What happens when an individual is innocent and then released? (They have a family member pick up or they transport to where they were picked up.) Do they intermingle with anyone else in the building during processing? (No.) Do the arresting agents need to interact with anyone else during night processing? (No, just the agents will be there — they will not be adding a regular operating shift.) What role will Lexington Police have? (Only role is if they arrested someone with an outstanding warrant, they would detain them until ICE could pick them up.) Are other tenants free to come in during the night? (There are entry security cards for their particular areas.) 2 Questions from the audience: Dr. Evelyn Roman, 87 Westview Street asked about the notification procedure for BOA meetings. The Director of ACA New England, 80 Westview Street, wanted to know what the ICE know now that they didn't know before to change the need for the evening hours. Rebecca Whitman, 5 Hancock Avenue, asked what the purpose was to have people brought in at night. The Director of the ICE explained that people are arrested the majority of the time during the day, but if someone is even stopped for a routine traffic ticket and they find there is a warrant out on them they will be brought in. Lorraine Montello, tenant at 10 Maguire Road, spoke in favor of the petition. Cheryl West, 75 Westview Street, Ann Fleming, representative of ACA New England, 80 Westview Street, Tom and Laura Sheehey, 11 Harrington Avenue, Rebecca and Edie Ruquist, 4 Hancock Avenue and Dr. Evelyn Roman and Mr. Dickson of 87 Westview Street all spoke strongly in opposition of the petition. Hearing was closed at 8:43 pm. Discussion and Findings: The Board took into consideration that there were no objection from either the Lexington or Bedford police departments; this would not entail another shift to be added; this would be an occasional need only, on average 30 - 35 times per year; that people were being processed only within average two to three hour time period and there would be no overnight holding done at this facility. On a motion by Nyles Barnert and seconded by John McWeeney, by unanimous vote, the Board of Appeals hereby GRANTS A MODIFICATION OF A SPECIAL PERMIT to Robert King representing Essex River Ventures in accordance with Table 1, Line 16.713 of the Code of the Town of Lexington to have condition three now read: "The Processing area shall be limited to the normal business hours of 6:00 am to 7:00 pm but occasional after hours processing shall be permitted as long as this does not occur on a regular basis." All other conditions of the original special permit shall remain the same. Submitted by: Dianne Cornaro, Clerk 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals February 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: 12 Essex Street The relief sought is for a Variance to construct a retaining wall greater than 6 -feet high within side and rear setbacks. The Chairman opened the hearing at 8:43 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were comments from Planning and the Zoning Enforcement Officer. Michael Tabaezynski presented the petition on his own behalf. He showed the Board 5 pictures of the area he would like to build the retaining wall. After discussing the project with the Board the petitioner requested to continue the hearing until April 13, 2006 at 7:45 PM to meet with the Design Review Committee for their suggestions. On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to continue the hearing until April 13, 2006 at 7:45 PM. Submitted by: Dianne Cornaro, Clerk 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals February 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: 2 Hunt Road The relief sought is for a Special Permit from/as set forth in accordance with 135 -11A of the Code of Lexington to construct second level addition and farmer's porch. The Chairman opened the hearing at 9:02 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer and Planning Board. Comments were received by the Planning Department and the Zoning Enforcement Officer regarding the need for a variance. Bruce Hughes, contractor for the project, presented the petition for the owner Stephen Lamoretti. The applicant agreed that the overhanging window shown in the plans submitted would not be included in the request since it would require a variance. Questions /Comments from the Board: Board questioned if the addition overhang was within the set back requirements and discussed the need for a variance as well as the special permit. The contractor will speak with the owner about redesigning the overhang or applying for a variance. There were no questions from the audience. No one spoke in opposition or in favor of the petition. Hearing was closed at 9:08 pm. Discussion: The Board agreed that the design is in a manner that is compatible with the existing natural features of the site and is compatible with the characteristics of the surrounding area. On a motion by Nyles Barnert and seconded by Maura Sheehan, the board voted 5 -0 to grant the special permit to construct a second level addition and farmers porch. 5 Submitted by: Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals February 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: 86 Reed Street The relief sought is for a variance as set forth in section 135 -10 (B) of the code of Town of Lexington. The Chairman opened the hearing at 9:08 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. There were no comments from any Board, Commission or Department. Hearing had been postponed from January 12, 2006. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer and Planning Board. Comments were received by the Planning Department survey plan being inadequate to show encroachment. Petitioner submitted updated plan before the hearing. Robert Collins, owner of the property, presented the petition stating the hardship was the shape of the lot and the location of the house on the lot. Mr. Collins presented to the board a petition with 14 signatures in support of the variance. The Board questioned what the hardship was for this petition. They also had concern for the non - conforming shed in the back of the lot. There were no questions from the audience. Don and Barbara Bailey of 84 Reed Street spoke in support of the project. No one spoke in opposition. Hearing was closed at 9:17 pm. Discussion: The Board determined that the location of the building on the lot was considered a hardship and found no problem with granting this variance with the condition for the shed. 6 On a motion by John McWeeney and seconded by Arthur Smith, the board voted 5 -0 to grant a variance for a 24.1 foot front set -back with the condition that the shed in the back shall be made to conform with set back or removed. Submitted by: Dianne Cornaro, Clerk