HomeMy WebLinkAbout09-25-03.pdf BOARD OF APPEALS
Minutes of Meeting, September 25, 2003
Robert F Sacco, Chair
Arthur C Smith, Acting Clerk
Nyles N Barnert
Maura Sheehan (for John J McWeeney)
Carolyn Wilson(for Judith J Uhng)
1 37 Woburn Street
Peter M Fusco
Vanance to keep accessory structures within required setback
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, a site plan, a topographical map and specifications
of the shed The applicant requested a variance to allow him to keep two accessory
structures (a shed and a tent-like carport) within the required setback. The area in
question is bounded by Woburn St and the Minuteman Bikepath No one spoke in favor
or against
ACTION• The Board chose to consider the two structures separately A motion(by
Barnert, seconded by Sheehan) to grant a variance to allow the shed to remain in the
setback was voted unanimously A motion(by Barnert, seconded by Sheehan) to deny a
vanance for the carport was voted unanimously
2 18 Lockwood Road
Steven and Gail Leichtman
Special Permit to construct an addition above a non-conforming section of an
existing dwelling
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, a site plan, a topographical map,plans and
elevations of the proposed addition Gail Leichtman presented her request for a special
permit to add a second floor bath over a non-conforming dwelling She noted that the
work has been completed No one spoke in favor or against
ACTION A motion (by Wilson, seconded by Barnert)to grant a Special Permit to
construct the addition was voted unanimously
3 50 Taft Avenue
Andrew Potter
Variance to construct a new entry
Special Permit to construct an addition above a non-conforming section of an
existing dwelling.
The Chair read the legal notices and noted that the Board has received applications,
nature and justification of the requests, a site plan, a topographic map, photographs of the
existing dwelling, plans and elevations of the proposed addition and entry The Board
chose to combine the hearings for the two requests The applicant presented his requests
for a variance and Special Permit noting that the addition would not increase the non-
conformity and that the current entry does not allow the door to open entirely No one
spoke in favor or against.
ACTION A motion(by Sheehan, seconded by Smith) to grant the variance to construct
a new entry was voted unanimously A motion(by Sheehan, seconded by Smith) to grant
a Special Permit to construct the addition was voted unanimously
4 653 Lowell Street
David E. Johnson
Special Permit to construct an addition above a non-conforming section of an
existing dwelling
The Chair read the legal notice and noted that the Board has received an application,
nature and justification of the request, a site plan, plans and elevations of the proposed
addition The Planning Board in a letter dated September 25, 2003, noted the "presence
of two houses on one lot is a non-conforming use in the RO zone unless a Special Permit
or variance has been issued allowing two units on one lot. ... The Planning Board urges
the Board of Appeals to clanfy the status of the property and to require the applicant to
apply for any permits that may be needed" The applicant presented his request noting
that a rear section of the house is in bad repair and will be torn down His daughters'
bedrooms will then move to the addition on the second floor He stated that there were
no objections from abutters A McCosky, 640 Lowell St, and J Beauchamp, 160 North
St , spoke in favor The Board advised the applicant to return with an appropriate request
to regulanze the existence of two houses on one lot
ACTION A motion (by Sheehan, seconded by Wilson)to grant a Special Permit to
construct the addition was voted unanimously
5 1752 Massachusetts Avenue
Lexington Center Realty Trust
Appeal of the decision of the Zoning Enforcement Officer
The Chair noted that the Board has received an application, nature and justification of the
request in a letter dated August 15, 2003, from Albert J Sreter representing the
Lexington Center Realty Trust, copies of letters describing the proposed use (June 12,
2003 from Bodyscapes and June 17, 2003, from Mr Sreter to Jeffrey Lyon), a copy of a
letter requesting an opinion from the Zoning Enforcement Officer(June 17, 2003 from
Mr Lyon), a copy of Mr Hakala's reply(September 19, 2003) denying the request and a
letter(September 19, 2003, from Mr Hakala) to the Board explaining the reasons for his
denial and noting that this request was similar to a previous request regarding 433 Marren
Rd. The Board has also received a letter from James Agostino, MS, PT of 14 Edgewood
St,Needham MA, defining and emphasizing the distinction between physical trainers
and physical therapists Mr Lyon stated that the second floor of this building is now
empty and the proposed tenants would occupy 2300 sq ft of the 9600 sq ft available
The principals of Bodyscapes, Robert Shapiro and Alan Smith, noted that they were not
claiming that physical training was equivalent to physical therapy since trainers do not
have to be licensed as therapists do and they are not subject to the same constraints of
law However, the structure of services is similar in that the clients make individual
appointments and are served individually. Issues of parking and noise were raised and
answered by the applicants Joanne Marcus (Oakland St) spoke in favor as a Bodyscapes
client Ed Shapiro (Newton) spoke in favor James Agostino and Pat Agostino spoke
regarding the nature of the services rendered by physical trainers and physical therapists
ACTION A motion (by Barnert, seconded by Sheehan)to reverse the decision of the
Zoning Enforcement Officer and to allow physical training as a permitted use under line
6 13 of Table I, Chap 135 was approved by a vote of four to one (Smith voting in the
negative).