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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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