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HomeMy WebLinkAbout07-15-04.pdf Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—43 Freemont St. Assessors map---- -------Lot number The Chairman opened the hearing by reading the notice at 7 46 PM and descnbed information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by Mr Adams Information presented by Petitioner— Sloping lot, wants to make more usable. Erecting wall 3' high at rear and creating a level space The relief sought is—Special Permit to bnng in 60 yards of fill and 60 yards of loam to grade back yard The hardship is—N A Questions from the Board. —Does Conservation have any issues? Mr. Adams advised Conservation had signed off Questions from the audience -None Speakers in Favor -None Speakers in Opposition-None Rebuttal or comments by Petitioner-None Heanng was closed at—7 49 PM Discussion-None 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 1 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—30 Waltham St Assessors map Lot number 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—Jude Joujoute Information presented by Petitioner- Picture and illustration of sign in its proposed location The relief sought is—For a"Blade" sign similar to Rosie's The hardship is—N A Questions from the Board —Chairman asked if they had received HDC approval and Petitioner responded yes Chairman advised petitioner that neon sign in window had to be removed as not allowed Questions from the audience -None Speakers in Favor -None Speakers in Opposition-None Rebuttal or comments by Petitioner-None Hearing was closed at—7 56 PM Discussion-None 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- 1 Provide HDC to Building Inspector with permit application 2 Remove neon sign from window Submitted by John J McWeeney, Clerk Page 2 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—5 Camden St Assessors map— 13 Lot number- 126 The Chairman opened the hearing by reading the notice at 7 57 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by—Merce Crosas and Robert McCarroll Information presented by Petitioner—Expansion underway when fire destroyed Want to use remaining foundations Plans make project more conforming The relief sought is—Special Permit—rebuild after a fire The hardship is—N.A. Questions from the Board —Regarding prior existing conditions and present plans Questions from the audience -None Speakers in Favor -None Speakers in Opposition-None Rebuttal or comments by Petitioner-None Hearing was closed at—8.03 PM Discussion-None Decision. On a Motion by Mr. Smith, 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 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—21 Monroe Road Assessors map—25 Lot number- 93 The Chairman opened the hearing by reading the notice at 8 04 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by—Liz and John Giudice Information presented by Petitioner—Looking to expand—yet keep house in character to neighborhood Looking for 11 foot x 5 foot front addition in setback Entrance comes into middle of living room The relief sought is—Variance to construct mud room in front entrance The hardship is—Location of small cape on the lot Questions from the Board — Could project be altered to reduce encroachment into the setback Reply was alternative would block out window which was unacceptable Questions from the audience -None Speakers in Favor. —Spencer George—asset to neighborhood. Speakers in Opposition-None Rebuttal or comments by Petitioner-None Hearing was closed at—8 09 PM Discussion-None Decision On a Motion by John McWeeney, 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 4 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney Petition Address—76 Bedford Street Assessors map—57 Lot number- 80 The Chairman opened the hearing by reading the notice at 8 10 PM and descnbed information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by— Cheryl White and Andrea Information presented by Petitioner— Size of premises 1,688 sq ft , operation hours, expected usage, busiest hours The relief sought is—Special Permit—Curves franchise The hardship is—N A Questions from the Board — Relative to master deed of condominium -what was allowed, where is the condo manager- Parking in the rear Questions from the audience —On noise, vibration, traffic,parking Owners of nearby units concerned Doctor's, Psychologist, offices need quiet Speakers in Favor —One possible client Speakers in Opposition— Several owners of units in building Rebuttal or comments by Petitioner—Petitioner having heard comments from owners of other units in building decided to request permission to withdraw the petition without prejudice Hearing was closed at—8 47 PM Discussion-None Decision On a Motion by John McWeeney, seconded by Mr Smith - The Board by vote of 5-0 agreed to allow the petitioner to withdraw the petition without prejudice Submitted by John J McWeeney, Clerk Page 5 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—40 Blake Road Assessors map—71 Lot number- 271 The Chairman opened the hearing by reading the notice at 8 48 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by— Jane & James Archambeault Information presented by Petitioner— Picture of existing porch built in setback Petitioner said project just started on Sunday and weren't aware of setback The relief sought is—Variance—front setback The hardship is—Porch built—conditions of deed restriction limit development on lot. Questions from the Board — Why didn't they get permit Petitioner said did project himself Brought to Boards attention through enforcement Questions from the audience —None Speakers in Favor — John Taylor, 11 Lynmore Terrace Said porch was attractive Speakers in Opposition—None Rebuttal or comments by Petitioner—None Hearing was closed at— 8 56 PM Discussion- 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 6 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address– 10-12 Sylvia Street Assessors map– 13 Lot number- 15 The Chairman opened the hearing by reading the notice at 8 57 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by– Edmund H Robinson Information presented by Petitioner– Told that seeks to finish attic space as performance area for his wife to play and teach piano and as office Presented Petition from neighbors in favor The relief sought is–Variance or special permit as required The hardship is–Existing building–no increase in height. Questions from the Board –Relating to home occupations, number of students, type of music Questions from the audience –None Speakers in Favor –None Speakers in Opposition–Jeanne Brenner– 11 Sylvia St., concerned about parking and noise Rebuttal or comments by Petitioner–None Hearing was closed at–9.04 PM Discussion–Determination type relief was a Special permit Decision. On a Motion by John McWeeney, 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 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—40 Hartwell Avenue Assessors map— 84 Lot number—84A 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— Dennis Buckley—sign company Information presented by Petitioner— Pictures of proposed change The relief sought is—Special Permit for sign changes The hardship is—N A Questions from the Board Did Design Advisory look at this Questions from the audience —None Speakers in Favor —None Speakers in Opposition—None Rebuttal or comments by Petitioner—Petitioner claims he had several tnps back& forth from Manchester because of conflicting directions from Town Staff as to process Hearing was closed at—9.07 PM Discussion— Simple change—no need to send to Design review Decision. On a Motion by John McWeeney, seconded by Mr. Sheehan. The Board by vote of 5-0 Approved the petition—with the following conditions -None Submitted by John J McWeeney, Clerk Page 8 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney Petition Address—4 Myrna Road Assessors map—76 Lot number—19A The Chairman opened the hearing by reading the notice at 9 08 PM and descnbed information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by— Benjamin Rodrig Information presented by Petitioner— Plans and pictures of his house The relief sought is—Special Permit—over existing non conforming The hardship is—N A Questions from the Board. —Does existing shed meet required setback. Questions from the audience —None Speakers in Favor —Tara Foster Speakers in Opposition—None Rebuttal or comments by Petitioner—Shed existing when he bought the property—thinks it complies Heanng was closed at—9 15 PM Discussion— Decision On a Motion by John 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 9 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meetmg.doc Minutes of the Lexington Zoning Board of Appeals- 7/15/04 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—315 Woburn Street Assessors map—46 Lot number— 110 The Chairman opened the hearing by reading the notice at 9 16 PM and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by— Christina Chaput and husband Thomas Information presented by Petitioner— Plan and menu of Restaurant—no seats—take out— parking plan and building layout The relief sought is—Special Permit—take out food The hardship is—N.A. Questions from the Board —Hours—Petitioner requests 11 PM or when adjacent Chinese Take out closes if earlier Questions from the audience —None Speakers in Favor —None Speakers in Opposition—None Rebuttal or comments by Petitioner -None Hearing was closed at—9 21 PM Discussion—Typical conditions for restaurant Decision On a Motion by Mr Smith, seconded by Mr Barnert The Board by vote of 5-0 Approved the petition—with the following conditions—(1) 1 year permit, (2) no odors outside the store, (3)trash kept in enclosed, locked dumpster Submitted by John J McWeeney, Clerk Page 10 of 10 08/14/24 12 36 PM H\ZBA minutes\7-15-04Meeting.doc