HomeMy WebLinkAbout02-12-04.pdf Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address 359 North Emerson Road
Assessors map 82 Plan number 88
The Chairman opened the hearing by reading the notice at 7 50 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Irwin & Sandra Macey
Information presented by Petitioner-Identical to Petition heard and approved by ZBA 7/13/00
The relief sought is—Variance—front yard
The hardship is -Wetlands
Questions from the Board —Could garage be moved back to increase setback
Questions from the audience. -None
Speakers in Favor -None
Speakers in Opposition-None
Rebuttal or comments by Petitioner—Garage can't be moved back due to utility location
Hearing was closed at. 7.55 pm
Decision On a Motion by Mrs Sheehan, seconded by Mr Smith The Board by vote of 5-0
Approved the petition-with the following conditions None
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address 1377 Massachusetts Avenue
Assessors map 39 Plan number 65
The Chairman opened the hearing by reading the notice at 7.55 AM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Mr Stavenhagen
Information presented by Petitioner- Goal to stay on property—plans of Barn
The relief sought is—Variance and special permit Relative to Apartment to be constructed in
existing Barn
The hardship is—Barn is existing space Exterior access required
Questions from the Board. —Could use be restricted to Family and care takers. Answer was yes
but Board decided no conditions
Questions from the audience -None
Speakers in Favor —Steven Brecterfield, 1361 Mass Ave
Speakers in Opposition-None
Rebuttal or comments by Petitioner-none
Hearing was closed at 8 02 pm
Decision On a Motion by Mr Smith, seconded by Mrs Sheehan The Board by vote of 5-0
Approved the petition-with the following conditions None
Submitted by John J. McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 22 Oxbow Road
Assessors map 59 Plan number 131
The Chairman opened the hearing by reading the notice at 8 03 PM and descnbed information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Myra Marshall and Jeff Marshall
Information presented by Petitioner- Plans and explanation
The relief sought is—Variance
The hardship is—Handicap requirements of owner Existing building limitations
Questions from the Board. —Will big pine tree come down. Answer yes.
Questions from the audience -None
Speakers in Favor —Mr Dunn, recorded himself in favor
Speakers in Opposition-None
Rebuttal or comments by Petitioner
Hearing was closed at 8 07 PM
Decision. On a Motion by Mr McWeeney, seconded by Mr Barnert The Board by vote of
5-0 Approved the petition-with the following conditions None
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 436 Marrett Road
Assessors map Plan number
The Chairman opened the hearing by reading the notice at 8 08 PM and descnbed information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Ernie Prete and John Farrington, Esq.
Information presented by Petitioner-An Elevation of Building existing and future—a plan with
Estimate of parking spaces
The relief sought is—Special Permit—Auto Repair/Sales
The hardship is—N A
Questions from the Board —Board stated info submitted/heard relative to traffic, parking,
buffering, operations was inadequate
Questions from the Petitioner.. Mr Farrington sought info on traffic, info requirements Told
impact on Spnng St intersection by this use vs retail or office uses, in letter report by engineer
Speakers in Favor
Speakers in Opposition—
Rebuttal or comments by Petitioner - Petitioner request continuance
Hearing was continued to April 8, 2004 at 7 45 PM, in order to give Petitioner time to prepare
Data
Decision. On a Motion by Mr. Barnert, seconded by Mrs. Sheehan. The Board by vote of
5-0 Approved the continuance
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 4 Jackson Court
Assessors map Plan number
The Chairman opened the hearing by reading the notice at 8 37 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Donna Harrison and architect Harden and landscape architect
Lynn Klemmer
Information presented by Petitioner- Plans—landscape and building
The relief sought is—Variance for addition and fence
The hardship is—existing conditions
Questions from the Board —Why the fence so high Explain items on plan in yard Chair finds
fence not reasonable
Questions from the audience—Mike Reiner—34 Parker—when would construction start—
answer-Apnl
Speakers in Favor Mr Peltz,N Lattimore, 5 Jackson Court
Speakers in Opposition—None
Rebuttal or comments by Petitioner-None
Hearing was closed at 8 50 PM
Decision On a Motion by Mr McWeeney, seconded by Mr Barnert The Board by vote of
5-0 Approved the petition for Building addition. On a motion by Mr. Barnert, seconded by Mrs.
Sheehan, the Board Board by vote of 4-1 approved the Petition for the fence Mrs Uhrig voting
in opposition
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address 65 Taft Avenue
Assessors map Plan number
The Chairman opened the hearing by reading the notice at 8.56 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Nancy &Dana Wurtz
Information presented by Petitioner-plans shed pre existing side street access in garage not
Desirable
The relief sought is—Variance—addition and shed
The hardship is—location of building on lot—alteratives less desirable
Questions from the Board. —Why 2 car garage. Explanations—safety and convenience relative
to stacking cars Why not increase size of garage and eliminate shed Explanation—trying to
keep garage in scale Are you using 3rd floor for living area—answer no
Questions from the audience—None
Speakers in Favor-None
Speakers in Opposition—None
Rebuttal or comments by Petitioner-
Hearing was closed at 9.05 PM
Decision On a Motion by Mr McWeeney, seconded by Mr Barnert The Board by vote of
5-0 Approved the petition for Building But by vote of 2 in favor—3 opposed The variance for
the shed was denied
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney
Petition Address 23 Ledgelawn Avenue
Assessors map 71 Plan number 19
The Chairman opened the hearing by reading the notice at 9.05 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Ed Cheng
Information presented by Petitioner- Has ConCom permit no longer looking to go back—dust
up and small area over doorway
The relief sought is—Variance—front yard
The hardship is—wetlands in rear
Questions from the Board. -None
Questions from the audience—None
Speakers in Favor-None
Speakers in Opposition—None
Rebuttal or comments by Petitioner-None
Hearing was closed at 9 08 PM
Decision. On a Motion by Mr Barnert, seconded by Mr Smith The Board by vote of
5-0 Approved the petition -with the following conditions none
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 8 Ledgelawn Avenue
Assessors map 71 Plan number 97
The Chairman opened the hearing by reading the notice at 9 20 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Walter Scott
Information presented by Petitioner- Plans—prefer front yard variance but alternate would be
push back building and seek side vanance New house to replace existing
The relief sought is—Variance—front yard
The hardship is—shape and topo of lot
Questions from the Board —is 6 Ledgelawn in favor of this Answer yes Board advised front
variance is preferred over side variance Board asked if builder could meet ConCom request to
not increase runoff Answer yes
Questions from the audience—Ms Buchman of 9 Hilling Terrace and Marcia Marble of 12
Ledgelawn concerned that building shown be the building built
Speakers in Favor—Garry Frank—7 Hillside—" qualified" in favor
Speakers in Opposition—None
Rebuttal or comments by Petitioner—He prefers front setback layout
Hearing was closed at 9 32 PM
Decision. On a Motion by Mrs. Sheehan, seconded by Mr.Smith. The Board by vote of
5-0 Approved the petition -with the following conditions—The new house shall be built in
accordance with plans submitted with this application
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 64 Grant Street
Assessors map Plan number
The Chairman opened the hearing by reading the notice at 9 33 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Steve Kontofe and builder Chris Magliozzi
Information presented by Petitioner- Plans and presentation by architect
The relief sought is—Variance
The hardship is—Location of garage on lot and ledge in rear
Questions from the Board. —None—comment favorable on presentation materials.
Questions from the audience—None
Speakers in Favor—None
Speakers in Opposition—None
Rebuttal or comments by Petitioner—None
Hearing was closed at 9 41 PM
Decision. On a Motion by Mr Barnert, seconded by Mrs Sheehan The Board by vote of
5-0 Approved the petition -with the following conditions—None
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 22 Barberry Road
Assessors map 11 Plan number 52
The Chairman opened the hearing by reading the notice at 9 42 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Peter Richman and Architect Peter Deseboly
Information presented by Petitioner- Plans
The relief sought is—Variance
The hardship is—Layout of existing house on site Can't put garage next to master bedroom
Wetlands in rear
Questions from the Board —None
Questions from the audience—None
Speakers in Favor—Art Katz, 18 Barberry Road
Speakers in Opposition—None
Rebuttal or comments by Petitioner—None
Heanng was closed at 9 47 PM
Decision On a Motion by Mr Smith, seconded by Mrs Sheehan The Board by vote of
5-0 Approved the petition -with the following conditions—None
Submitted by John J. McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 64 Baker Avenue
Assessors map Plan number
The Chairman opened the hearing by reading the notice at and descnbed information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by letter from Mr. Faycal Benayad-Cherif dated 1/27/04
Information presented by Petitioner- Request to extend variance for 8 months
The relief sought is—Extend variance already granted
The hardship is—Job related relocation
Questions from the Board.
Questions from the audience
Speakers in Favor
Speakers in Opposition
Rebuttal or comments by Petitioner
Hearing was closed at
Decision. The Board by vote of 5-0 Approved the request and extended variance to 12/31/04
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 2/12/04
Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney
Petition Address 3 Constitution Road
Assessors map 58 Plan number 73
The Chairman opened the hearing by reading the notice at 9 10 PM and descnbed information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Pam &Kenneth Thomas, Architect Peter Daus-Habele.
Information presented by Petitioner- Plans and explanation of need
The relief sought is—Variance - sideline
The hardship is—Topo/Ledge
Questions from the Board. -None
Questions from the audience -None
Speakers in Favor - None
Speakers in Opposition -None
Rebuttal or comments by Petitioner-None
Hearing was closed at 9 20 PM
Decision. On a Motion by Mrs Sheehan, seconded by Mr Smith The Board by vote of 5-0
Approved with the following conditions -None
Submitted by John J McWeeney, Clerk
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