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