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HomeMy WebLinkAbout08-26-04.pdf DRAFT MINUTES of the Lexington Zoning Board of Appeals-August 26, 2004 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address. 20 Cottage Street The Chairman opened the hearing by reading notice at 7 45 PM and described information received from the Petitioner and other Boards and Commissions There were 2 letter received in favor to the Petition The Petition was presented by—Martin Rommel, Owner Information presented by Petitioner- Application- drawings The relief sought Variance to allow construction of a front entry and back deck within the required setbacks The hardship is—Relief from sand entering house from unpaved street Questions from the Board. Mr Smith Is a vanance needed for side yard set back to construct deck? (Martin Cert Plot plan incorrect, changes to remove deck from plot plan had been made, there is a note on the plan) No construction of deck within side setbacks John. Where do you park cars? Very small area for parking (Martin plans to park in same area Neighbors are in process of talking about ways to correct parking problems on street) Questions from the audience. None Speakers in favor Davis Shepard, 75 Woburn Street, abutter, spoke in favor of petition Speakers in opposition. None Hearing was closed at 7 55 pm Discussion. None Decision On a Motion by Mr Barnert, seconded by Mr Smith The Board by vote of 5-0 Approved the petition Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals—August 26, 2004 Present, Mrs Uhrig, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address 9 Bushnell Drive The Chairman opened the hearing at 7 56 PM by reading the notice and a letter written by 16 Loring Rd in opposition No other comments from boards or committees Mrs. Uhrig stated that she felt they were not going to make a decision at this meeting because of so much new information that had just been presented to them this evening She did want to hear discussion from the petitioner and the audience She stated they have 2 options to withdraw without prejudice or to continue to September 23r1 The Petition was presented by Atty Al Schrader His position is that he a right of way that allows this access and doesn't need the driveway permit Information presented by Petitioner-Atty. Schrader described the History of the property and presented exhibits (Exhibit A, B, Plan D) and described the plot plans as the land had been sold and reconfigured over the years Also discussed the Town of Lexington taking of Waltham Street access over a right of way to Waltham Street The relief sought is—Special permit to allow access for a lot over another lot and not from the lot's frontage The hardship is—not applicable. Questions from the Board The board had many questions regarding easements, drawings and the plans They were confused as to where a future house was to be built Mr Smith Dnveway confusion, need explanation Mrs Sheehan Are you claiming by town taking portion easement off Waltham Street you need a special permit? No, opposite Town found that existing driveway from Bushnell was acceptable at that time. Is it in writing? Atty. Schrader spoke with Town Counsel regarding binding agreement. (Mrs. Uhng read from 40A, special permit for dnveways over other lots ) Mrs Uhng asked them to get letter from Town Counsel giving his advise as to whether this is a legal binding agreement that gives them the right to use driveway and to have a clearer, sufficient and complete submission next time Questions from the audience — Discussion never went any further than the petitioner before application was withdrawn without prejudice. Speakers in Favor —The owners and their daughter Speakers in Opposition—There were many in the audience opposed to the petition but did not speak as petition was withdrawn Rebuttal by Petitioner—After a lengthy discussion, the petitioner withdrew their application for a special permit without prejudice. Atty. Schrader hand wrote the withdrawal on their behalf. Hearing was closed at 8 45 PM Decision. On a Motion by Mr Barnert seconded by Mrs Sheehan, the Board by a vote of 5-0 voted to accept withdrawal of the application without prejudice Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- August 26, 2004 Present, Mrs Uhng, Chair, Mr Smith, Vice-Chair, Mr Barnert, Mrs Sheehan, Mr McWeeney Petition Address—27 Colony Road The Chairman opened the hearing at 8.45 PM by reading the notice and descnbed information received from the Petitioner, other Boards and Commissions and letters relative to the Petition. The Petition was presented by—Marcia Sneden, Owner Information presented by Petitioner- Presented pictures and detailed hardship of topography and location of building on lot Letters in favor The relief sought is to allow construction of a front entry within the required front yard setback The hardship is—Topography of Land, steep slopes and location of dwelling on lot Front door is northwest facing wind Would like to airlock entry with an enclosed entry to stop cold air and debris from entering directly into house in winter Questions from the Board—Only comment from board was Judi couldn't find a street number on house Asked that owner please make sure one is put on for safety Questions from the audience. —none Speakers in Favor—None Speakers in Opposition-None Rebuttal or comments by Petitioner -none Hearing was closed at 8 50 pm Discussion. none Decision On a Motion by John McWeeney, seconded by Mrs Sheehan The Board by vote of 5-0 Approved the petition Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- August 26, 2004 Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney Petition Address—20 Estabrook Road The Chairman opened the hearing at 8•.50 PM by reading a letter from the petitioner requesting withdrawal without prejudice Decision. On a Motion by Mr. Barnet Barnert, seconded by Mr. Smith. The Board by vote of 5-0 to accept the withdrawal without prejudice Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- August 26, 2004 Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney Petition Address— 1010 Waltham Street (Brookhaven) The Chairman opened the hearing at 8•.55 PM by reading the notice and described information received from the Petitioner, other Boards and Commissions and letters relative to the Petition The Petition was presented by Atty Bill Dailey, Former Brookhaven Trustee Information presented by Petitioner-Aerial view of area was set-up Mr Dailey gave a bnef overview of Brook-side and the significant changes in the demographics of the elder population They are proposing to increase the number of units and revamp the Wellness Center They are to meeting with the Conservation Committee Tuesday, August 31' and are working with the City of Waltham to put in sidewalks with a traffic light on Waltham Street Mr Dailey addressed traffic concerns by saying they never reached 50% of the projected amount of traffic expected from the original project Some of the residents do have cars but use them very infrequently They voluntarily sent a copy of the Landscaping Plan to the Tree Commission and are willing to work cooperatively with them on their concerns. Although a not for profit, they expect to give the town $325,000 a year in lieu of taxes The relief sought is special permit with site plan review to allow expansion of a Planned Residential Development (RD District)pursuant to town meeting approval at 2004 annual town meeting, Questions/Comments from the Board Mrs Uhrig raised concern of report from Tree Commission on their recommendations for the type of trees and walls on plan. Mrs Uhng read for public the reasons for denial of special permits with site plan review This project cannot be overturned because it was passed by Town Meeting It is the Board of Appeals job to make sure things gets done correctly in accordance with town meeting vote Mrs Uhrig• Is Brookhaven willing to have their agreed upon $1,000 contribution for Transportation Coordinator in writing? (Yes) Mr Smith No report from Engmeermg7 Wants confirmation from Engineering that reports given are okay Karen Mullins said that the Conservation Commission has hired an independent Civil Engineer to look at the plans since the Town Engineering Department is short staffed and is unable to review findings Mr Smith Can a decision be made without Engineer's report or on condition that the Engineering report is accepted by Conservation Mr Smith felt that Engmeenng should report to the Board of Appeals because the BOA would be looking at the plans details on different aspects than Conservation Mr Dailey said they would have no objection to that and would rather the board be comfortable with all decisions Mrs Sheehan asked about timeline Karen said that she is hoping that she would have Engineers report within a couple weeks and that she would contact the Engineers and change the contract to include review for Board of Appeals Mr Barnet.. Will you lose parking spaces during construction? The formal construction plan is being designed They are planning on doing construction in phases so parking will be moved around as the work is completed Mr Barnet. What will be the hours for construction (Brookside said they are governed by the residents and they will be respectful of that.) Mrs Sheehan Do they have Medicaid residence? Do they count towards 40B? Private pay for Assisted Living but they do have Medicaid for Nursing facility Nyles Would you be willing to have written that they would not ask for any further expansion plans? No plans for any more expansions they have no more room but also cannot predict long-term future Questions from the audience Lorraine Centrolla, 16 Bow Street, Waltham wanted to know why she had not been notified of this and past hearings regarding this petition, she is across the pond from Brookhaven. She was advised that her property is beyond 300 feet Speakers in Favor —There were many residents of Brookhaven in the audience but did not speak Discussion stopped when it was determined the hearing would be continued at a later date Speakers—Pat Deiesi, 23 Wamsetta Avenue, Waltham Water is a problem, showed aerial map from 2001 showing pond and Bow Street She explained flooding problems Also can't understand having a crosswalk in a very dangerous intersection, thinks crosswalk should be discouraged. Rebuttal or comments by Petitioner -Many residence still very active and like to be able to walk They are working very closely with Waltham to make crosswalk and signals safe for them Discussion Decision On a Motion by Mr Barnet, seconded by Mr Smith The Board by vote of 5-0 to continue hearings until Thursday, September 23rd at 8.30. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- August 26, 2004 Present, Mrs. Uhrig, Chair, Mr. Smith, Vice-Chair, Mr. Barnert, Mrs. Sheehan, Mr. McWeeney Petition Address—67 Fottler Avenue The Chairman opened the hearing at 8.51 PM by reading a letter requesting an extension Questions from the Board -None Questions from the audience. - None Speakers in Favor -None Speakers in Opposition-None Rebuttal or comments by Petitioner -None Discussion. None Decision On a Motion by Mr Barnert, seconded by Mrs Sheehan The Board by vote of 5-0 to approve extension of vanance for one year from date of this meeting Submitted by Dianne Cornaro Upcoming Mrs Uhng discussed upcoming 40B petition and is asking that all associates be present at Heanngs concerning this petition Mrs Sheehan will be excusing herself from this petition Lynne Wilson will be sitting in for her Mrs. Uhng will be on vacation from September Pt thru the 8th. The meeting adjourned at 9 55 PM