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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 Page 1 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 2 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 3 of 13 08/14/24 12 34 PM H\ZBA mmutes\2-12-04 doc 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 Page 4 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 5 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 6 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 7 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 8 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 9 of 13 08/14/24 12 34 PM H\ZBA mmutes\2-12-04 doc 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 Page 10 of 13 08/14/24 12 34 PM H\ZBA mmutes\2-12-04 doc 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 Page 11 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc 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 Page 12 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc Page 13 of 13 08/14/24 12 34 PM H\ZBA minutes\2-12-04 doc