HomeMy WebLinkAbout10-28-04.pdf DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 28, 2004
Present Mr Smith, Acting-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney and Associate John
Gilbert
Petition Address 3 Ellison Road
The Chairman opened the hearing at 7 45 PM by reading the legal notice and described information
received from the Petitioner, other Boards and Commissions relative to the Petition A letter of
support was received from Susan Myerow of 5 Ellison Road and a petition of support was received
signed by 19 abutters
The Petition was presented by Karen Zallen, owner of property.
The relief sought is for a Variance from front setback requirements in accordance with 135-35, Table 2
Dimensional Controls House is set back 22 feet from the set back
Questions from the Board—
Are the front stairs less than 30' set back'? Yes, 22 '/2 feet
Maura. What is the sq footage you are adding. Answer. 12 x 19 bedroom and a canopy over front stairs
to match back door
John Is # 5 Ellison Road in favor of addition'? Yes, they are happy that I am not tearing down the
home
Questions from the audience. None
Speakers in favor—None
Speakers opposed. None
Hearing was closed at 7 49 pm
Decision. On a Motion by Mr Barnert, seconded by Mr McWeeney The Board by vote of 5-0
approved the petition for a decrease in the vanance for front and side set back requirements
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Anneals—October 28, 2004
Present Acting-Chair, Mr Smith, Mr Barnert, Mrs Sheehan, Mr McWeeney and Associate John
Gilbert
Petition Address.. 478 Marrett Road
The Chairman opened the hearing at 7 50 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition
Owner, Wayne & Susan Wood presented the Petition
The relief sought is for a Variance from side yard driveway setback requirements in accordance with
135-67A, Table 2 Dimensional Controls to extend existing driveway 25 feet in length There was a
danger backing into street
Hardship• New abutter altered pattern of exiting their driveway making petitioners drive dangerous to
exit. House location on lot and small frontage makes this the only alternative.
Questions from the Board
Maura•. This driveway is already done? Yes, when I found out I needed to come before Board for
vanance work was stopped The finish coat is not on the driveway
No house directly next to driveway
Questions from the audience. — None
Speakers in Favor —Maggie Liberone, 476 Marrett Road spoke in favor of project
Speakers in Opposition-None
Hearing was closed at 7 56 PM
Decision. On a Motion by Mr. Barnert, seconded by Mr. Smith. The Board by vote of 5-0 approved the
petition
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 28 2004
Present Acting-Chair Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, Mr John McWeeney
and Associate John Gilbert
Petition Address—36 Garfield Street
The Chairman opened the continued hearing at 7 56 PM by reading the notice and described information
received from the Petitioner, other Boards and Commissions relative to the Petition Comments were
received from the Planning Board
The Petition was presented by Sean Mindes, Madison Construction
The relief sought is for a Variance and Special Permit to extend front of house 3 feet beyond set back
requirements and add a second floor
Hardship Need to add space Going up is modest addition Forward addition is necessary for access
and would still be a setback more than houses in the area
Questions from the Board—
Mr McWeeney House is still more than 30 feet from pavement? Yes, there is an additional 12' to
pavement, Sean thought it might have been there for sidewalk that was never installed.
Mr Barnert Are you demolishing less than 50% of the structure Yes, only taking the roof off
Mr Barnert Is the reason for the 3 feet for the stairways to the new section? Answer Yes
Questions from the audience—None
Speakers in Favor—None
A letter of opposition was received from William Herring of 20 Ward Street.
Heanng was closed at 8 02 pm
Discussion Given the setbacks of other houses on the street and the difficult sizes of houses in the area,
the special permit and variance is appropriate
Decision. On a Motion by Mrs. Sheehan, seconded by Mr. Gibson. The Board by vote of unanimously
5-0 approved the petition
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 28, 2004
Present. Acting-Chair, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, Mr John McWeeney
and Associate John Gilbert
Petition Address—51 Gleason Street
The Chairman opened the continued hearing at 8.02 PM by reading the notice and described information
received from the Petitioner, other Boards and Commissions relative to the Petition Two petitions in
support of project were received from 27 abutters
The Petition was presented by James &Martha Wood.
The relief sought is a Variance from driveway side line setback to widen driveway and build 1-foot wide
retaining wall
Hardship is the slope of the lot and location of the house on the lot No other place to put the necessary
driveway expansion
Questions/Comments from the Board.
Nyles Will the new retaining wall look like the existing one? Yes, as close to original as possible
John Are the hedges on the abutter's property or are they on the lines They are on the line and we
intend to keep them
John• Where is the drainage structures Catch basin there now and will stay
Questions from the audience—none
Speakers in Favor—Atty. George Latham spoke in favor of the project.
Speakers in Opposition—None
Decision. On a Motion by Mr Nyles Barnert, seconded by Mr John McWeeney The Board by vote of
5-0 approved the petition
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals-October 28 2004
Present. Acting-Chair, Mr Smith, Mr Barnert, Mrs Sheehan, Mr McWeeney and Associate John
Gilbert
Petition Address 36A Woburn Street
The Chairman opened the hearing at 8.08 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the petition
Janet Weymar Lopez, Lawyer for the owner of the property, presented petition
Information presented by petitioner Ms Lopez is requesting a vanance to raise one half of the roof on
the 3rd floor at 36A to increase floor space to 1345 square feet This is a non-confirming lot with 2
houses on the lot She is trying to add livable space without changing footprint of house
Hardship is the need to increase useable floor space within the 3rd floor space
Questions from the Board.
Will you be looking for an additional variance on#36? No
Mr McWeeney Are you in Historic Distnct7 No
Mr McWeeney Plenty of demand for 2 bedroom units Answer For condo's yes but for homes
people look for 3 bedrooms
Mr Barnert. Will the setbacks be any less than they are now? No, everything stays the same except the
elevation
Questions from the audience -None
Speakers in Favor
Steve Curran, 2 Vine Street, spoke in favor saying he thought dormer would keep in the character of
neighborhood
Karen Shaw, 57 feet between them. Has no problem with raising the roof, the neighborhood has an
ongoing problem with parking and density
Robert Kefalas, 43 Woburn Street, said they are renovating the house right and have done a nice job so
far Anything done to improve the neighborhood is a plus
Speakers in Opposition-None
Hearing was closed at 8.25 PM
Decision
On a Motion by Ms Sheehan and seconded by Mr Barnett, the Board of Appeals by a vote of 4-1
approved the petition. Mr. McWeeney voted in the negative.
Submitted by Dianne Col-two
DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 28, 2004
Present Acting -Chair, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, Mr John
McWeeney and Associate Member John Gilbert
Petition Address.. 120-122 Massachusetts Avenue
The Chairman opened the hearing at 8 25 PM by reading the legal notice and read a letter from
petitioner requesting to withdraw without prejudice due to illness
Decision On a Motion by Mr Barnert, seconded by Mr McWeeney The Board by vote of 5-0
accepted the withdrawal
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Anneals—October 28, 2004
Present Acting-Chair, Mr Smith, Mr Barnert, Mrs Sheehan, Mr McWeeney and Associate John
Gilbert
Petition Address. One Militia Drive
The Chairman opened the hearing at 8 26 PM by reading the notice and described information received
from the Petitioner, other Boards and Commissions relative to the Petition Letter of support received
from Grace Chapel.
Ms Jennifer Mullon, representing 99 Waltham Street Trust Realty, presented the Petition Charles
Mihok presented the proposed floor plan
The relief sought is for a Variance from side yard setback requirements for an addition of an external
accessible entry vestibule to bring facility to code for handicapped accessibility
Hardship. The existing building was built prior to handicap accessible requirements. Given layout of
building there is nowhere else to make the necessary improvements and keep existing tenants in
business
Questions from the Board
John Is their handicapped parking near front of building? Yes, one space The addition will have no
impact on driveway They will be coming back to the board for special permit for off-site parking
Maura. Additional square footage is for Handicapped vestibule only? Yes, elevator will be within
building
Nyles Will you have sufficient parking? No, will be coming back for special permit
Nyles Why do you need off site parking'? For 2 reasons, One permit was not sufficient when building
was built Two. Building is changing from office to medical facility, which changes the parking
requirements
Questions from the audience — None
Speakers in Favor —George Isenberg spoke in favor of project
Speakers in Opposition-None
Hearing was closed at 8 39 PM
Decision On a Motion by Mr McWeeney, seconded by Mr Gilbert The Board by vote of 5-0
approved the petition.
Submitted by Dianne Cornaro, Clerk
DRAFT MINUTES of the Lexington Zoning Board of Appeals- October 28, 2004
Present Acting-Chair Mr Smith, Mr Barnert, Mrs Sheehan, Mr McWeeney and Associate John
Gilbert
Petition Address—35 Skyview Road
The Chairman opened the continued heanng at 8 40 PM by reading the notice and described information
received from the Petitioner, other Boards and Commissions and additional information relative to the
Petition
Debra Phelps, owner of property, presented the Petition
The relief sought is for clanfication of zoning determination from Matt Hakala in letter dated July 16,
2004
Questions from the Board—
John What are you asking Board to do? Clarify two letters from Zoning Officer regarding splitting of
lots
What is length of time between letters? February 2003 and July 2004
John.. Plot plan from when? July 1993
John What was the greenhouse? There was a greenhouse attached to the house that the glass had been
removed and siding was put on the existing foundation Ms Phelps understands that it was the deck that
was problem
John. Have you consulted a lawyer? Yes but no lawyer wants to get involved.
Questions from the audience—
Speakers in Favor—None
Speakers in Opposition—Atty Daniel Kalbanoff, counsel for abutters who are opposing split
Discussion. Board would like to see Ms. Phelps get a land use lawyer that could give the board a legal
argument as to why this decision should be overturned That way they could evaluate the legal
argument Ms Phelps decided to withdraw without prejudice so that she can seek legal counsel
Hearing was closed at•. 9.00 pm
Decision On a Motion by Mr Barnett, seconded by Mr McWeeney The Board by vote of 5-0
Accepted the withdrawal
Submitted by Dianne Cornaro, Clerk