HomeMy WebLinkAbout12-11-03.pdf Minutes of Lexington Zoning Board of Appeals—12/11/03
Present Chair Judy Uhng, Art Smith,Nyles Barnert, John McWeeney, Maura Sheehan
General comments-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 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
1 33 Constitution Road Mrs Uhng read notice and opened the hearing Mr and Mrs Keefe
presented their case that they sought to construct an addition and 2-car garage to right side of
property because of existing driveway and building layout Needed a variance due to
sideline setback. Existing building location on lot and shape of lot where sideline follows
extreme angle instead of usual subdivision rectangle are reasons for the hardship
Questioned by the Board as to why not build the garage off Oxbow St, they responded there
was a street flooding problem coming in off Oxbow and would create a layout issue in house
where they would have to go back and forth through two bedrooms to get to the recreation
room and to kitchen bringing in bundles No one spoke in opposition Petitioner advised
support from abutters Hearing was closed
Decision. On a motion by Mr. McWeeney, seconded by Mr. Smith, The Board unanimously
approved the petition
2 5 Bushnell Drive Mrs Uhrig read the notice and opened the hearing at 7.57 PM Petitioner
Michael McCartm presented his request for a variance to replace a deck at rear of dwelling
There was a prior deck that was removed This new deck is in the same location If not torn
down in connection with other repairs, it would have qualified for special permit request He
discussed with all neighbors and none had problems. He responded to question from Board that
deck was at same elevation but would make better appearance due to latticework he planed to
install around support columns No one spoke in opposition The hearing was closed
Decision. On a motion by Mr Barnert seconded by Mrs Sheehan, The Board unanimously
approved the petition
3 9 Tavern Lane Mrs Uhng read the notice and opened the hearing at 8.01 PM The
Petitioners, Mr. and Mrs.Bergmann and their Attorney Thomas Fenn presented their request
for a Special Permit to allow for regrading and landscaping of their property as a result of
removing more than 25 cubic yards of material Mr Fenn reported that petitioners had no
idea that a permit would be required for this work-they knew you needed permits to alter
buildings but not site work As a result of hubbub they filed and received a permit from
HDC for a stone wall that is being extended as part of the landscaping Petitioner plans no
further excavation and plans to bring in approximately 15 yards of loam material for
landscaping One of the owners has a need for a more level lot for its use and enjoyment due
to a physical problem. Petitioner submitted several letters of support from neighbors. No
one in the audience spoke in support Mr and Mrs Hams, abutters to the rear spoke in
Page 1 of 3
08/14/24 12 41 PM
H\ZBA minutes\12-11-03 doc
opposition They were very concerned about a large tree being damaged by the work and
concerned about the integrity of the slope A letter from the Hams arborist reported the tree
seemed all right but cautioned against further excavation The petitioners said there would
be no further excavation Also speaking in opposition was David Wilson of 5 Eliot Road
who was concerned about the process. Petitioners landscaper was questioned if an engineer
was needed to design the wall to which he responded no-that the wall was not high enough
He also described the construction of the wall Hearing was closed
Decision. On a motion by Mr Barnert, seconded by Mr Smith, The Board unanimously
approved the petition with the following conditions There be no further excavation, that a
building permit for the wall be obtained from the town if required and that the property be
graded and landscaped as per the plans submitted
4 4 Blueberry Lane Mrs Uhng opened the hearing at 8 40 PM by reading the notice The
Petitioner,Nina Johannessen presented her request for a special permit to convert her
property into a two family dwelling She identified where the required parking would be
No one spoke in favor or opposition The hearing was closed
Decision On a motion by Mrs Sheehan , seconded by Mr McWeeney, The Board
unanimously approved the petition
5 3 Forbes Road Antigenics, Inc -The heanng was opened at 8 50 PM by Mrs Uhrig reading
the Notice The Petitioner, Kevin Trottier, Director of security for the firm explained the
request for a company flag and a back lit illuminated sign on their premises The lighting
was explained as needed as they do receive biological specimens 24 hours a day and a sign is
necessary to identify the premises given the confusing layout on Forbes Road The DAC
approved the request No one spoke in favor or opposition The hearing was closed
Decision. On a motion by Mr. Barnert, seconded by Mr. Smith, the Board voted to
unanimously approve the petition
6 475 Bedford Street The Lexington Club, Mrs Uhng opened the hearing at 9 00 PM by
reading the notice Attorney Ed Grant represented the petitioner and several members of
club management Mr Grant requested extended hours at the outdoor summer swim facilities
He said when the outdoor facilities were approved last year there was concern on part of the
Board that there might be a traffic problem so the hours allowed were less than requested
Given a year's experience and traffic report from Michael Abend, he felt expansion of hours
was justified Mr Robert John of Drummer Boy spoke in opposition and handed in a small
petition Mr McClintock, a Drummer Boy resident and board member reported the
Drummer Boy Board voted to endorse this request-that they had no noise complaints, felt
that the landscaping improvements were satisfactory and felt BSC was a good neighbor Mr
Smith and Mr Barnert questioned Mr Abend on the traffic study The heanng was closed
Decision. On a motion by Mr Smith , seconded by Mr Barnert, the Board voted unanimously
to approve the extended hours described following for a period of two years i.e. through
September 2005 The extended hours are beginning May 15 to June 15 (10 am-7pm)
Page 2 of 3
08/14/24 12 41 PM
H\ZBA minutes\12-11-03 doc
June 15-August 1 (10 am to 8pm), August 1-September 1 (10 am-7pm), September 1-Octoberl
on weekends only, (10 am—7pm)
Meeting schedules were reviewed Mr Smith was unanimously voted Acting Vice-Chairman
Meeting was adjourned at 9 30 PM
Respectfully submitted,
John J McWeeney, Clerk
Page 3 of 3
08/14/24 12 41 PM
H\ZBA minutes\12-11-03 doc