HomeMy WebLinkAbout03-11-04.pdf Minutes of the Lexington Zoning Board of Appeals- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr McWeeney, Mr Gilbert, Associate, Mr Hakala, Zoning Enforcement Officer
Petition Address 60 Chase Avenue
Assessors map Plan number
The Chairman opened the hearing by reading the notice at 8.45 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Sarah and Steve Iverson, petitioners
Information presented by Petitioner- Received pnor variance and expanded home but exit stairs
missing from plans so had to reapply Also need shed at rear of yard as no garage
The relief sought is—Variance—side lines
The hardship is—Topo relative to shed and error in leaving off stairs in prior petition, need exit
Questions from the Board. — Size of shed? 8' x 12', why not other location on lot for shed.
Answer, topo and trees Best location on lot—no objections from neighbors
Questions from the audience -None
Speakers in Favor -None
Speakers in Opposition—None
Rebuttal or comments by Petitioner—None
Heanng was closed at 8 48 pm
Decision On a Motion by Mrs Sheehan, 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- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address 29 Harding Street
Assessors map 71 Plan number Lot 137
The Chairman opened the hearing by reading the notice at 8 25 PM and descnbed information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by Petitioner— Sandra Vento
Information presented by Petitioner- Owner described need to replace interior stairway which
doesn't meet present code for standard stair height causing need to extend at front of house
Slanted roof on second floor a problem and wants to put on a dormer
The relief sought is—Variance and special permit
The hardship is—location of house on lot requires stairs to be extended into front setback under
present code
Questions from the Board — None
Questions from the audience -None
Speakers in Favor -None
Speakers in Opposition—None
Rebuttal or comments by Petitioner— None
Heanng was closed at 8 30 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- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address 490 Marrett Road
Assessors map 34 Plan number—Lot 91
The Chairman opened the hearing by reading the notice at 8 14 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by—Mr. T. Flanery, the Petitioner
Information presented by Petitioner- Described situation of buying adjacent deep lot with plan to
create better lot at rear and combining his house lot with adjacent lot on corner of Tufts and
Marrett Road
The relief sought is—Variance—rear yard
The hardship is—Building already exists and was legally built. Owner buying adjacent land
which turns a legal side lot setback into a needed rear line setback Already received approval
from Planning Board
Questions from the Board —None
Questions from the audience —Arthur Rouse of 482 Marrett Road asked if existing house on
adjacent lot would be removed Answer yes by petitioner Gentleman from 2 Welch Road had
several questions.
Speakers in Favor —Builder Len Como of Littleton, MA said new lots would be more
conforming in shape Robert Moss, 492 Marrett Road had no objections
Speakers in Opposition—None
Rebuttal or comments by Petitioner— None
Hearing was closed at 8 23 PM
Decision On a Motion by Mr Barnert, seconded by Mr Gilbert The Board by vote of 5-0
Approved the petition-with the following conditions.. House on adjacent lot will be torn down
before rear land setoff
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address 2027 Massachusetts Ave
Assessors map 49 Plan number Lot 2
The Chairman opened the hearing by reading the notice at 7 45 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by—Architect Steve Hurley
Information presented by Petitioner-Advised that proposed sign approved by HDC 2 months
previous Showed and explained details of sign
The relief sought is—Special permit for freestanding sign
The hardship is—N. A.
Questions from the Board —Request to Mr Williams to explain to the audience what was Dana
Home and its mission
Questions from the audience -None
Speakers in Favor —Mr David Williams, Board member of the Home who said it was the best
kept secret in Town and needed some notice.
Speakers in Opposition—None
Rebuttal or comments by Petitioner— None
Hearing was closed at 7 50 PM
Decision. On a Motion by Mr. Barnert, seconded by Mr. McWeeney. 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- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address
Assessors map Plan number
The Chairman opened the hearing by reading the notice at PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by
Information presented by Petitioner-
The relief sought is—
The hardship is—
Questions from the Board. —
Questions from the audience -
Speakers in Favor -
Speakers in Opposition—
Rebuttal or comments by Petitioner—
Hearing was closed at
Decision. On a Motion by Mrs Sheehan, seconded by Mr Barnet 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- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address—542 Massachusetts Avenue
Assessors map 14 Plan number Lot 44
The Chairman opened the hearing by reading the notice at 8 32 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by—Mr. James Shimansky and Atty. Allen Wrigley
Information presented by Petitioner- Mr Wrigley said the property was in business use since
1840 Although not conforming, the addition proposed will not increase the non-conformity as
the use is not changing The addition is simply to make building work better
The relief sought is—Expand a non-conforming building—special permit
The hardship is—Present building is too inefficient to properly allow cars to be worked on.
Questions from the Board —The Board of Health has required improvements, will these
improvements make the property more environmentally friendly? Answer yes Does Jim live on
the property? Answer yes
Questions from the audience -None
Speakers in Favor. —Mr. Jim Wilson, 43 Locust Street and Mr. DonWilson also an abutter spoke
in favor
Speakers in Opposition—None
Rebuttal or comments by Petitioner— Mr Shimansky answered questions about operation and
storage of materials in the lot and disposal of tires and other debris
Hearing was closed at. 8.44 PM
Decision On a Motion by Mrs Sheehan, seconded by Mr Barnet 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- 3/11/04
Present, Acting Chair, Mr. Smith, Mr. Barnert, Mrs. Sheehan,
Mr McWeeney, Mr Gilbert, Associate, Mr Hakala, Zoning Enforcement Officer
Petition Address 2 Angier Road
Assessors map Plan number
The Chairman opened the hearing by reading a letter from petitioner
The Petition was presented by letter from petitioner, Alla Gordon
Information presented by Petitioner- in letter
The relief sought is—extend variance 6 months to 9-13-04
The hardship is—not able to secure a builder
Questions from the Board. —None
Questions from the audience -None
Speakers in Favor -None
Speakers in Opposition—None
Rebuttal or comments by Petitioner— N. A.
Hearing was closed at 9 05 PM
Decision. On a Motion by Mr Barnert, seconded by Mr McWeeney The Board by vote of 5-0
Approved the petition to extend the variance to 9/13/04
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address—56 Adams Street
Assessors map 63 Plan number Lot 110
The Chairman opened the hearing by reading the notice at 8 50 PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by—Francesca Anderson
Information presented by Petitioner- Letters from neighbors in support Explained the gallery—
hours—usage—mailings and general operation Spoke of expansion of her home for personal
use
The relief sought is—Renewal of special permit
The hardship is—N. A.
Questions from the Board —Members asked several questions about the signs,parking, number
of events, number of employees
Questions from the audience -None
Speakers in Favor -None
Speakers in Opposition—None
Rebuttal or comments by Petitioner— Petitioner noted need for signs to keep parking off street
Identify the gallery and advise people of hours
Hearing was closed at 9 03 PM
Discussion—During deliberations the Board reviewed the conditions of the original permit and
the actual way the gallery is operating All felt that the original conditions were fine if the
petitioner complied with them No neighbors objected and there was no police correspondence
regarding the matter were other factors considered
Decision On a Motion by Mr Barnet, seconded by Mrs Sheehan The Board by vote of 5-0
Approved the petition-with the following conditions 1 The same conditions as the original
permit 2 The permit is granted for 24 months ending Apnl 1, 2006
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Other Matters Before The Board
1 The Board received a request from Symmes Maini and McKee dated 3/0/04 relative
to the former Raytheon Property on Spring Street The owners wish to replace the
panels in the 3 free standing signs with the Lexington Technology Park graphics and
125 Spring St address After discussion the Board voted 5-0 to allow the change and
to advise the writer.
2 The Board discussed suggestions from Town Counsel to hear the Farm Road Busa
petition which had been denied a heanng at an earlier time The Board is willing to
allow a hearing and request Mr Hakala to so advise Town Counsel
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Minutes of the Lexington Zoning Board of Appeals- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr McWeeney, Mr Gilbert, Associate, Mr Hakala, Zoning Enforcement Officer
Petition Address— 100 Hancock Street
Assessors map 71 Plan number Lot 314
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—Atty. Tom Fenn, who indicated the Petitioner Craig Cyr was
present.
Information presented by Petitioner- Mr Fenn presented a letter to Board making 3 points 1
Garage in not on the lot 2 garage existed prior to lot being set off in 1931 3 Lot meets all
zoning requirements Mr Fenn stated that the lot had been assessed as a buildable lot and owner
had paid his taxes on it The lot had never been combined by deed Only recently for estate
purposes, it was put into a Trust with the adjacent lot Mr Fenn explained he had only recently
been brought into the matter and apologized for the lateness of his letter
The relief sought is—Reversal of Zoning Enforcement Officers decision that it was not a
buildable lot (see answer)
The hardship is—Equity and fairness
Questions from the Board —To Mr Hakala—Had you received this information prior to this
evening and would it change your opinion Answer No Having the garage requires a 15 foot
setback which would make the lot combined. To Mr. Fenn—Does Trust treat as separate lots?
Answer The Trust was not setup with an understanding of the lot situation It was prepared by
other counsel
Questions from the audience —Mr Ray Pavlo, 48 Liberty Way, was concerned of the impact on
his house and wanted to know how close a new home could be to his
Speakers in Favor —Susan Davies, 92 Hancock St, said she knew the owners and their intent to
keep this as a separate lot.
Speakers in Opposition—Karen Pavlo was opposed because she was losing her backyard
Rebuttal or comments by Petitioner— Mr Fenn responded to Mr Hakala's comments
Hearing was closed at 8 12 PM
Decision. On a Motion by Mr. McWeeney, seconded by Mr. Barnert. The Board by vote of 5-0
Approved the petition- overturning the decision of the Zoning Enforcement Officer
Submitted by John J McWeeney, Clerk
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Minutes of the Lexington Zoning Board of Appeals- 3/11/04
Present, Acting Chair, Mr Smith, Mr Barnert, Mrs Sheehan,
Mr. McWeeney, Mr Gilbert, Associate, Mr. Hakala, Zoning Enforcement Officer
Petition Address
Assessors map Plan number
The Chairman opened the hearing by reading the notice at PM and described information
received from the Petitioner, other Boards and Commissions and letters relative to the Petition
The Petition was presented by
Information presented by Petitioner-
The relief sought is—
The hardship is—
Questions from the Board. —
Questions from the audience -
Speakers in Favor -
Speakers in Opposition—
Rebuttal or comments by Petitioner—
Hearing was closed at
Decision. On a Motion by Mrs Sheehan, seconded by Mr Barnet 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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