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HomeMy WebLinkAbout04-22-04.pdf BOARD OF APPEALS Minutes of Meeting, April 22, 2004 Judith J Uhrig, Chair Arthur C Smith, Vice-chair, Acting Clerk Nyles N Barnert Maura Sheehan Carolyn Wilson(for John McWeeney) 1. Lot 43A Assessors Map 76 (North Street) Appeal of a decision of the Zoning Enforcement Officer that the lot is a grandfathered lot and hence is buildable Joan and Don Goldman, 79 North Street, Carol and Noam Chomsky, 15 Suzanne Road The Chair read the legal notices and noted that the Board has received an application, nature and justification for the request, a plot plan, a copy of the 1979 decision by the ZBA denying a variance from the frontage requirement, an explanation of his decision by the Zoning Enforcement Officer, and a petition signed by 49 citizens opposing the decision of the Zoning Enforcement Officer There was a comment from the Conservation Commission noting that this lot abuts conservation land and expressing concern with a change in the status of the lot John Farrington, attorney,presented the case for the appellants. Their argument is that even if the onginal lot was grandfathered, the division of the original lot in 1962 to create the Suzanne Road subdivision created the current lot and since that occurred after the passage of the Zoning By-Law mandating frontage, the current lot is not grandfathered and hence is unbuildable He also cited the decision of the Zoning Board of Appeals in 1979 not to grant a vanance for the frontage requirement Mr Abrams, attorney for the owner, noted that the facts are not at issue However, the owner contends that this lot has always existed with this frontage and that the creation of the subdivision did not create the lot, merely altered it in a way that did not increase the degree of nonconformity Alan Milner, 48 North St , inquired as to the frontage in 1946 Joan Goldman presented some history of the Town's records regarding taxation of this lot and noted past attempts to purchase the lot Ned Eisner, 89 North St , spoke against the decision of the ZEO as he felt development of the lot would be inappropriate Concluding arguments summanzed the positions of the parties involved ACTION A motion (by Barnert, seconded by Sheehan)to overturn the decision of the Zoning Enforcement Officer and thus affirm the lot's status as unbuildable passed unanimously 2 125 Spring Street Modification of a Special Permit with Site Plan Review PM Atlantic Lexington, LLC d/b/a Patriot Partners The Chair read the legal notices and noted that the Board has received an application, nature and justification for the request, a plot plan and elevations There were no comments from Town boards The request for a construction of an entry way for the building at 125 Spring Street which would increase the footprint by about 429 sq ft was presented by Edmund Grant, attorney, and Joe Zink, a principal of Patriot Partners The building was part of the Raytheon property which was sold to Patnot Partners in December, 2002, and the entry way construction is included in the project which was recently approved by Town Meeting The current application is to allow them to proceed with this construction before the total plan is finally approved In response to a question from the Board, they noted that the access ramp would be unchanged ACTION A motion (by Smith, seconded by Barnert)to grant the modification to the Special Permit as requested was unanimously approved