The Town of Lincoln, MA
PO Box 6353, Lincoln, MA 01773 ph:781-259-2607 fx:781-259-1677 
Board of Appeals - September 12, 2002
MINUTES OF THE BOARD OF APPEALS
September 12, 2002

The Board of Appeals met at Town Offices on Tuesday, September 12, 2002 at 7:30 p.m.  Present, Buck Creel, Chairman, Pam Green, Joseph Greeson, Peter Guldberg, Susan Hall Mygatt, John Ottenberg, and Nancy Zuelke, Clerk.  

1.      Easement agreements, easement plans and the lease exhibit from Sprint were presented regarding the Yagjian property on Cambridge Turnpike.  A decision will be written conditional on site approval by the Conservation Commission.  It was voted to grant the requested variance to Yagjian with respect to the tower to be constructed by Sprint, subject to final review and approval of legal documents and easements providing access equivalent to the applicable frontage requirements.  Because of a change in their business plan, Cingular is requesting withdrawal of their request for a frontage variance for a second tower on the Yagjian property.  A letter of this withdrawal will be submitted.  The hearing was closed.

2.      Buck recused himself from the next hearing of K. C. Jennings and Patricia McKee, 36 Lincoln Road for an addition to their residence on a non-conforming lot.  Their architect presented the proposed plans.  Though not present at the hearing, John Caswell expressed his support of the special permit through Buck Creel who also expressed his support.  No other parties in interest were present or communicated with the Board.  The hearing was closed.  The Board tentatively voted to grant the special permit subject to construction being done substantially in accordance with the plans.  Peter will write the decision.

3.      Buck returned to the meeting and Peter recused himself from the hearing of Michael and Elizabeth Danziger, 231 Old Concord Road for a special permit to construct a residence on a non-conforming lot.   Guy Grassi, architect and Michael Leon, attorney presented the petition.  Approval has been received from the Historical Commission to demolish the original structure.  The Planning Board has approved the site plan under the “big house bylaw”, and the Board of Health has approved the plans for a new septic system.  The lot is 6+ acres with very little frontage.  The proposed location of the new residence would violate the requirement that the lot be 250 feet wide at all points measured through the house.  The following abutters spoke in favor of the proposed location as opposed to placing the house either in the open field or up hill within the trees that would likely be removed:  Harriet Todd, Kemon Taschioglou, Ann Booth, Heidi Nichols, Peter Guldberg, Dana Robbat.  Letters in favor of the proposed location were received from Peter Guldberg and Elizabeth Winship.  

The Board continued the hearing to October 15, 2002 at 7:30 p.m. They requested that the square footage of the existing house and the proposed new house be submitted, as well as copies of the two court cases for Dugas vs Berman.  The Board suggested that the purchase of additional land be explored and if necessary a request for a variance be applied for.  John will write the decision when the hearing is completed.

4.      The Board of Health report on the Soyka property, 15 Conant Road was received.  There is no approved septic connection to the barn.  The continued hearing date was set for Tuesday, October 1, 2002.  Earl will be asked to make sure no construction is being done in the barn and to verify that there is no water and/or septic connection to the barn.  The Board suggested that if there is such a connection, Earl would want to order that the connection be severed, and then verify that this work had been completed.

5.      A request from Jamie Banks to change the planted screen that is to be installed by Cambridge Trust Company from lilacs to hemlocks will be placed in the folder.  The decision will be modified when the special permit comes up for renewal.

The meeting adjourned at 10:48 p.m.


Nancy J. Zuelke, Clerk
Board of Appeals


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