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HomeMy WebLinkAbout06-12-03.pdf Minutes of Lexington Zoning Board of Appeals 6/12/03 Chairman Sacco called the meeting to order at 7 45 P M In attendance- members, A Smith, N Barnert, Vice Chairman J Uhrig, J McWeeney 1 J McWeeney agreed to be clerk of the board and was elected unanimously 2 At 8 47 P M Mr Sacco read a letter received dated 6/6/03 from Atty Alan Wrigley requesting that the petition of Jeremy and Desiree Namery for 16 Meriam Street be withdrawn without prejudice This request was granted unanimously on a motion by Mr Barnert seconded by Mr Smith 3. At 8.50 P.M. Mr. Sacco read a letter from 11 Rindge Avenue requesting a 6 month extension to a variance granted 6/02 After a short discussion, this request was granted unanimously on a motion by Mr Barnert seconded by Mrs Uhrig 4 At 7•.45 P M , Mr Sacco opened the hearing for 2600 Massachusetts Avenue which was continued from May 8, 2003 This is a request for a Special Permit to replace an existing free standing sign in front of the church In attendance representing the petitioner was Bob Thompson of Jim Did It sign company and Mr Joseph Corson, Mr. Don Walker and Ms. Choon Soon Kim from the church. Mr Sacco noted that at the May hearing there was a comment from the public regarding the lighting of the sign and the general housekeeping of the property and the number of signs He added that he checked with the Police Dept regarding the lighting and reported that they have had no complaints and no issues with the lighting on the sign or of hazard to the public from the sign Mr Thompson said that they contacted Design Review and they had no issues and they requested no changes. He described the new sign. Same size, almost identical message, wood with carved letters and a cross and church symbol Lighting would remain as is except that he would focus light on the sign upon installation Comment from Public- Mr Tim O'Brien of 2620 Mass Ave , said that he was not opposed to the sign but questioned need for all the other signs he says are on the property Church representatives explained the other signs and need of them Mr Hakala explained that the Zoning Board is limited in its control of these signs An A frame sign is temporary and will be taken down when the school enrollment period is over. The hearing was closed at 8 07 P M and the request for the Special Permit for the sign as presented was approved unanimously on a motion made by Mrs Uhrig seconded by Mr Barnert 5 At 8 07 P M , Mr Sacco opened the hearing on a request for a variance at 19 Sylvia Street by reading the Public Notice Petitioner Lenore Fenn represented herself She addressed the Board and advised them of her need to replace an existing rotten deck at the rear of her dwelling and given the grades of her and abutting properties presented a replacement that she said would be more utilitarian and also less obtrusive by being closer to the ground Page 1 of 3 08/14/24 12 36 PM H\ZBA minutes\6-12-03 doc No one in the audience spoke in favor of the request An abutter, Mr Joseph O'Connell of 15 Sylvia Street spoke in opposition He felt that because of the small size of the lot additional coverage should not be allowed Ms Fenn said that her other abutters were in favor although she did not offer any letters in wnting The Hearing was closed at 8 12 P M The request for the vanance was approved unanimously on a motion by Mr Barnert and seconded by Mr Smith 6 At 8.12 P M , Mr Sacco opened the hearing on 443A Massachusetts Avenue on a request for a vanance Petitioners Greta Aaronson and Robin Combs represented themselves and presented their case to the Board They showed plans and photos of the property which described the narrow nght of way to their house and their desire to pave the lane which is presently wood chipped. They had letters of support from Mr. Grey, owner of abutting properties and supporting in person were abutting owners Mr and Mrs Riordan Ms Aaronson indicated that the lane was to be separated from the Toyota lot with a granite curb and the pavement was to be chipseal Since they only have an 8 foot ROW it is not possible to meet the Zoning required of a 5 foot setback and the ROW is already in existence and all they are doing is paving it No one spoke in opposition There was discussion of a possible relocation of the hedge, which the parties may look into The Hearing was closed at 8.25P M and the request for a vanance was approved unanimously on a motion by Mr. Smith and seconded by Mrs.Uhrig. 7 At 8 25P M Mr Sacco opened the hearing on a request for a variance at 10 Peachtree Road Representing the petitioners were Atty Thomas Fenn and builder Laszlo Hir Mr Fenn described the set of circumstances that causes the need for the request There was a house on the property that had burned down, the owners engaged a contractor who was building in their neighborhood to build them a new home, that there are wetland and other dimensional constraints on the site and that inadvertently during site work a building stake was moved causing the footings and foundation of the right front corner to extend into the front yard. The builders were unable to get their surveyor to the site on schedule and rather than delay given the homeowners desire to get in as soon as possible made the error of continuing to frame the house Upon discovery of the error and given the financial implications they have requested this vanance A note was received from ConCom indicating that they preferred the placement created by the error as it moved the building further from wetlands Mr Fenn presented 4 letters of support Abutters Mr and Mrs Arnie Williams spoke in favor of the petition Mr Williams said that he believed other homes in the neighborhood actually were closer to the street than this dwelling. Owner of the property, Joanne Kay said she was anxious to get back in her house and requested approval No one spoke in opposition The hearing was closed at 8.41P M and after discussion of the financial hardship, the small nature of the setback intrusion and neighborhood support, the variance was approved on a vote of 4-1 on a motion by Mr Barnert seconded by Mr Smith Mr McWeeney voting in the negative 8. At 8.42P.M. Mr. Sacco opened a hearing on 81 Blossomcrest Road for a variance for an 8-foot high fence to be constructed on the rear lot line abutting Rte 2 The petitioner, Mr Jerald J Page 2 of 3 08/14/24 12 36 PM H\ZBA minutes\6-12-03 doc Pawloski represented himself and described to the board the noise, security-privacy issues created by his location, the fact that his abutter has a similar fence, that a gas transmission line prevents him from setting the fence 8 feet back His abutter is in favor of the fence and requested that he abut the new fence against his to present a solid wall The petitioner indicated that the neighbor's fence was effective in blocking noise. The petitioner responded to a question from the board that the fence would be next to the state chain link fence and that existing arborvitae would be retained but brush including poison ivy would be removed so that his wife could use the area for a garden No one spoke in favor or against the petition The hearing was closed at 8 46P M and the variance was approved unanimously on a motion made by Mr McWeeney and seconded by Mr Barnert The above minutes submitted June 13,2003 Mr John J McWeeney, Clerk Page 3 of 3 08/14/24 12 36 PM H\ZBA minutes\6-12-03 doc