HomeMy WebLinkAbout11-13-03.pdf Minutes of Lexington Zoning Board of Appeals—11/13/03
Present Chair Judy Uhrig, Art Smith,Nyles Barnert, John McWeeney, Maura Sheehan
General comments-signature sheets were not available, Organization of materials for Chair was
poor, Whoever is taking in the applications is not doing a good job of explaining the criteria for
the various types of relief and not obtaining adequate plans and descriptions of work and relief
needed Members cannot tell what is coming up unless they read it in the newspapers-which
causes late determining if there are conflicts -Members would like overall map showing
locations of petitions so as to plan site visits
Mrs Uhrig called the meeting to order at 7 45 pm Announced to audience that Dunkin Donut
had withdrawn
1. 7 Crescent Hill Avenue. Mrs. Uhrig read notice and opened the hearing. Engineering
expressed a drainage concern along the left side of the property Petitioner, Vincent Luzzo
presented his case that he had permits to construct an addition and 2 car garage to rear of
property and that to provide parking off street it would be necessary to pass the house on the
left which was too narrow to provide passage and allow for a 5 foot setback as per code The
placement on the lot of the existing house, the slope of the property adjacent and the
existence of a utility pole next to drive made it impossible to provide the setback Mr
Luzzo's father spoke in favor, no one spoke in opposition Petitioner had presented letters of
support from all abutters. Hearing was closed.
Decision On a motion by Mr Smith, seconded by Mrs Sheehan, The Board unanimously
approved the petition with the condition that the Petitioner obtain a sign off from Engineering
regarding drainage prior to occupancy
2 9 Pleasant Street Mrs Uhrig read the notice and opened the hearing at 7.51 pm Petitioner
Arthur Anthony presented his request for a variance due to the narrow and deep lot for deck at
rear of dwelling-16-18 inches off the ground within 3 feet of Fern St abutter and for a shed to be
built within setback to side of 5 Pleasant St It was pointed out by Bob Berezin of 3 Fern St that
this was the 3rd and 4th variance request for this property and felt that he has lost privacy as a
result of the additions placed on the property He went on to say that he had no problem with the
deck but did not want the shed on his side of the property Speaking in favor was Mr Jeff
Millett, the abutter at 5 Pleasant St He said he was an architect, praised the work Mr Anthony
has done, and said he had no problem with shed on his sideline Mr Smith stated that he felt that
sheds within the setback if allowed should be no larger than 8x12. The Petitioner had requested
10x14 No one spoke in opposition The hearing was closed
Decision There was discussion on size of sheds and determined that Board was comfortable
with 10x14 On a motion by Mr Barnert seconded by Mrs Sheehan, The Board unanimously
approved the petition with the condition that the deck could not be any closer to sideline than
3 feet
3. 311 Bedford Street. Mrs Uhrig read the notice and opened the hearing at 8.10 pm .The
Petitioner,Mr Angelo Laudani presented his request for a sideline variance to allow an
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addition to rear of his property to expand his master bedroom with expanded garage below
The hardship was the existing location of the building on the lot did not allow the expansion
any other way No one spoke in favor or opposition Petitioner was comfortable that garage
would be accessible Hearing was closed
Decision On a motion by Mr McWeeney, seconded by Mr Barnert, The Board
unanimously approved the petition
4 15 Tarbell Avenue Mrs Uhrig opened the hearing at 8.15 pm by reading the notice The
Petitioner, Mark Guertin presented his request for a rear and sideline variance for a shed at
the rear of his lot Mr Guertin stated that the recent birth of a child and need of storage
prompted him to look to put a storage shed on the property He said he has spoken to his
abutters and they approved as long as the shed was no closed than 2 feet from the rear line
and 4 feet from the side line The shed would be 8x10 No one spoke in favor or opposition
The hearing was closed
Decision. On a motion by Mr Barnert , seconded by Mrs Sheehan, The Board unanimously
approved the petition for an 8x10 shed with the condition it be no closer than 2 feet to the
rear and 4 feet to the right sideline
5. 327 Woburn Street. Ace Hardware. The hearing was opened at 8.20 pm by Mrs. Uhng
reading the Notice The Petitioner, Robert Cunningham explained his request to remove an
existing shed that had deteriorated and replace it and an enclosed area with a larger shed set
back further from the front of his store The variance requested allows for greater density on
the site than otherwise allowed The new shed would be 18x12 vs existing 8x10 No one
spoke in favor or opposition Mr Cunningham said that he still planned to use the open
display area presently used but this was for better storing of bulky and seasonal items
Decision. On a motion by Mr. Barnert, seconded by Mrs. Sheehan, the Board voted to
unanimously approve the petition
6 334 Waltham Street Mrs Uhng opened the heanng at 8 28 pm by reading the notice She
noted receipt of info from Concom regarding runoff requirements The petitioner, Mr Kwang
Y Chan explained the need for relief He constructed his building as per plans and Just learned
of 12% limit on driveway grades and has no way of altering them and still use his property as
built Mr Ramgitkar of 342 Waltham inquired as to the impact on his property When explained
that the Petitioner was just seeking to have things as they are, he said he was fine with that. Mr.
McWeeney reported he had dnven up and down the driveway and exited left onto Waltham
Street with no problem
Decision.. On a motion by Mr McWeeney, seconded by Mr Smith, the Board voted
unanimous approval of the petition
7 15 Dexter Road Mrs Uhng opened the heanng at 8.40 pm by reading the notice The
Petitioner, Mary Lambert explained that her existing garage was beyond repair and that she
looked to replace it basically in place By expanding to the existing drip lines the petitioner
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would be able to increase the length and width slightly to make the space more useable The
building was not built on a foundation and water and earth pressure from the rear had caused
its demise The new structure would be built properly When questioned if the garage could
be moved forward on the lot, she replied that her abutter did not want that Presently the
abutting garages line up. Questioned about moving the garage to the left, she pointed out
existing patio improvements would be disturbed Mr Kevin Strong of 68 Bertwell, the
abutter to the rear spoke in favor No one spoke in opposition The hearing was closed
Decision. On a motion by Mr McWeeney, seconded by Mr Smith, The Board voted
unanimously to approve the petition
8. 172-174 Bedford Street . at 8.50 pm Mrs Uhrig read a letter from the Petitioner requesting
that they be allowed to withdraw the application without prejudice On a motion by Mr
Barnert, seconded by Mrs Sheehan , the Board unanimously to approve their request to
withdraw without prejudice
9 Rangeway Mrs Uhrig Mr Smith and Mr Barnert reviewed plans of a project they had acted
on and the decision was made pending receipt of plans Meeting was ajourned at 9 00 pm
Respectfully submitted,
John J McWeeney, Clerk
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