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Home My WebLink About05-13-04.pdf Minutes of the Lexington Zoning Board of Appeals- 5-13-04 Present, Mrs Uhrig, Chair, Mr Smith, Vice Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney, Mr Hakala, Zoning Enforcement Officer Petition Address—24 Colony Road The Chairman opened the hearing at 8 18 PM and described information received from the Petitioner The Petition was presented by Mrs Lipton Information presented by Petitioner- letter describing contracting and cost delays. The relief sought is—extend variance The hardship is—N A Questions from the Board —Told that contractor ready to go as soon as Board votes Mr Hakala explained the situation Questions from the audience -None Speakers in Favor -None Speakers in Opposition—None Rebuttal or comments by Petitioner—N A Heanng was closed at 8 20 PM Decision On a Motion by Mr Barnert, seconded by Mr Smith The Board by vote of 5-0 Approved the request and extended the variance to July 1, 2004 Submitted by John J McWeeney, Clerk Page 1 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc Minutes of the Lexington Zoning Board of Appeals- 5/13/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice Chair, Mr Barnert, Mrs Sheehan, Mr. McWeeney, Mr. Hakala, Zoning Enforcement Officer Petition Address—Solomon Pierce Road Assessors map/38 —Lot number 128 The Chairman opened the hearing by reading the notice at 8 20 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by. Atty. Alan Wrigley and Todd Cataldo Information presented by Petitioner- History of permitting with ConCom Approved order of conditions limits developable area Proposed house is only 19 feet wide Reasonable use of land The relief sought is—Variance—front yard The hardship is—Topo and soils. Questions from the Board — Mrs Uhrig sought description of buildings Petitioner pointed out elevation, site plans showing location of proposed dwelling Mr McWeeney asked size of proposed dwelling Answer 3,500 sq ft Questions from the audience -None Speakers in Favor. —Amy Liberskeid, neighbor spoke in favor. Thought wetlands was mosquito source and if this lot developed, conditions may be better Speakers in Opposition—None Rebuttal or comments by Petitioner Mr Wrigley said that proposal was not detrimental to neighborhood Hearing was closed at. 8.35 PM Decision On a Motion by Mr McWeeney, seconded by Mr Smith The Board by vote of 5-0 Approved the petition- Based on plans submitted Submitted by John J McWeeney, Clerk Page 2 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc Minutes of the Lexington Zoning Board of Appeals- 5/13/04 Present, Mrs Uhng, Chair, Mr Smith, Vice Chair, Mr Barnert, Mr McWeeney, Mrs Sheehan, Mr. Hakala, Zoning Enforcement Officer Petition Address 45 Waltham Street The Chairman opened the hearing by reading the notice at 8.06 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by—Sheml White who holds franchise for"Curves for Women" wishes to lease space at 45 Waltham Street. Information presented by Petitioner-A maximum of 26 people at any time Prime usage 7-9 am & 5-7 pm Very successful franchise Would provide convenience to Townspeople The relief sought is—Overturn Zoning Enforcement Officer's decision that use is not allowed in CB District The hardship is—Request Board to determine if use could be allowed at this location. No other spot in Town available Questions from the Board —Mrs Uhng asked if Ms White agreed with Mr Hakala's definition as to the use and she said yes Parking needs were questioned and addressed Questions from the audience —None Speakers in Favor. —Ms. Barbara Barbero, 16 Vinebrook said she goes to Bedford. Would like convenience of Lexington Feels it would bnng more business to Downtown Michelle Lipton, 24 Colony in favor Dr Bitle, Vinebrook Road, spoke of Health issues Speakers in Opposition—None Rebuttal or comments by Petitioner—None Hearing was closed at. 8.18 PM Decision On a Motion by Mr Smith, seconded by Mr Barnert The Board by vote of 4-1 Upheld the decision of the Zoning Enforcement Officer Request denied Mrs Sheehan voted opposed Submitted by John J McWeeney, Clerk Page 3 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc Minutes of the Lexington Zoning Board of Appeals- 5/13/04 Present, Mrs Uhng, Chair, Mr Smith, Vice Chair, Mr Barnert, Mrs Sheehan, Mr. McWeeney, Mr. Hakala, Zoning Enforcement Officer Petition Address 9 Augustus Road Assessors map 65 Lot number 164 The Chairman opened the hearing by reading the notice at 7 50 PM and descnbed information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by—Mrs. Reynolds Information presented by Petitioner- 3 letters of neighbors support, size of family Mold in basement Workable layout using existing building cause family to enlarge as proposed Side variance is small Front variance is largely overhang Plan to keep trees if possible The relief sought is—Side and front variances The hardship is—Shape of lot. Questions from the Board —Mrs Uhrig, why not go backwards into lot Mr Hubner, Archictect responded Layout dictated the left to right layout Bedroom in rear was not a workable layout Mrs Sheehan requested clarification of landscape planters at doorway Questions from the audience -None Speakers in Favor. —None Speakers in Opposition—None Rebuttal or comments by Petitioner— None Hearing was closed at 8 04 PM Decision. On a Motion by Mr. McWeeney, seconded by Mr. Barnert. The Board by vote of 5-0 Approved the petition Submitted by John J McWeeney, Clerk Page 4 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc Minutes of the Lexington Zoning Board of Appeals- 5/13/04 Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mr McWeeney, Mrs, Sheehan, Mr. Hakala, Zoning Enforcement Officer Petition Address 205 Follen Road Assessors map 22 Lot number 237 The Chairman opened the hearing by reading the notice at 7 45 PM and descnbed information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by - Alexandra Bartsch Information presented by Petitioner- Photos and plans of proposed improvements Sloped roof, and 4 columns on landing The relief sought is—Varaince The hardship is—Desire to cover over front door landing which extends into front yard setback Questions from the Board —Mrs Uhng stated that she believed this didn't warrant a variance and suggested a special permit was the more appropriate request The Board concurred Questions from the audience -None Speakers in Favor -None Speakers in Opposition—None Rebuttal or comments by Petitioner— None Hearing was closed at•. 7.49 PM Decision On a Motion by Mr Barnert, seconded by Mrs Sheehan The Board by vote of 5-0 Approved the petition- as a Special Permit, as per plans submitted by Petitioner Submitted by John J McWeeney, Clerk Page 5 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc Minutes of the Lexington Zoning Board of Appeals- 5/13/04 Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address— Assessors map Lot 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— Heanng was closed at PM Decision On a Motion by , seconded by The Board by vote of 5-0 Approved the petition- Submitted by John J McWeeney, Clerk Page 6 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc Page 7 of 7 08/14/24 12 35 PM H\ZBA minutes\5-13-04 doc