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Minutes of the Zoning Board of Appeals Meeting of 4/5/07
Meeting convened at 7:45 pm in the Donaldson Conference room at Town Hall. Present: Pamela Green, Chair, members John Kimball, Anna Hardman, Gus Browne, Joel Freedman, Jeff Macklin and Win Quayle, and Dorothy Blakeley, BOA clerk.
Continuances:
1) Ms. Lawon Suh/Mr. Peter Lee, 31 Mill Street, M/P 20 3 0, for a special permit to reconstruct their single family residence. The applicants appeared with their lawyer, Tim Taylor, and reviewed the revised elevations previously distributed. It was noted by Pamela Green, Chair, said that the Board would await the decision of the we are here to close the record except for the recommendation by the Planning Board on site plan review. The highlighted section of the new plot plan reflects the proposed additional trees to add screening between 31 and 33 Mill Street. John Kimball noted that it would be helpful for some use to be made of the existing house or foundation as a condition of the Board’s our decision, to meet the definition our precedent of reconstruction. Joel
Freedman spoke of his concern dating back to August and said he would likely vote not to approve this application as currently proposed because he was of the Mr. Freedman expressed his opinion that the proposed reconstruction would be substantially more detrimental to the neighborhood and he cannot find justification for allowing a tear-down. It was noted by the Chair, Pamela Green, that only 4 people are needed to approve this application. The Chair noted that an application may be approved if four of the five members of the panel vote to grant the special permit.
Action: Hearing continued until the Planning Board issues its decision. Panel includes Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
2) Stonegate Gardens, 339 South Great Road, application for renewal of special permit for regarding a pre-existing non-conforming use of a residential property. Applicant Stonegate Gardens, Inc., was represented by Lynne Bower, (manager). A letter of support for Stonegate Gardens from Eleanor McKnight dated 4/4/07 was read into the record by Pamela Green, Chair. Board member, Jeff Macklin had a question regarding the hours of operation of the chipper. It was noted that the hours of operation for the chipper are is limited to between 10:00 am and 3:00 pm. Cecil Thomas, 34 Blackburnian Road, arrived with a letter and distributed itsubmitted a letter objecting to the renewal of the special permit, the ZBA and Ms. Lynne Bower again stating their objections to the renewal of
the special permit, citing noise, pollution and traffic concerns. Pamela Green, Chair stated that the Board would noted that since the letter by Mr. Thomas was just submitted, it would be unwise to close the record tonight. Ms. Green wanted Ms. Bower to have a chance to respond to the letter and thus, we must hold the record open until we have heard all the facts. Ms. Green set a timeframe of hold the record open for seven days for Stonegate’s counsel to respond in writing to the letter from Mr. Thomas.
Action: Record held open for another seven days. Panel includes Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle and Gus Browne. Pamela Green is the Decision Writer.
Business: Pamela Green departed as she has resigned from the ZBA effective at the end of March except for pending cases. The Board Members nominated Gus Browne to be Temporary Chair while voting on a new Chair. Win Quayle nominated John Kimball and nominations were closed. John Kimball was elected unanimously and is the new Chair of the Zoning Board of Appeals.
New Matters:
3) Mr. John Gummere, owner of 15 Lewis Street for renewal of his three year special permit for a business in a B-2 district originally granted in 1994. In 1994, North Shore Properties was sold to a startup company called Saveatree-Savealawn and they have been the tenants ever since. Their CEO is Mike Newman and they employ 25 people during the peak season, 18 people in the off peak season and have 5 people in the office. Their hours of operation are from 6:45 am to 3:30 pm. Mr. Gummere noted that there is a light at the back of the building and a neighbor asked that the light be adjusted and it was done. Mr. Gummere said a fence was installed in 1994 and that the gas tanks are filled off premises while drivers are on their routes. It was also noted that the special permit
allows for 20 trucks and only 12 are in currently in use. They operate about 6 or 7 routes to service their accounts. Anna Hardman asked about their chipping procedures. Mr. Gummere responded that once a month they haul the material offsite for chipping. An abutter, Staci Montori of 84 Codman Road Lane expressed her appreciation for Mike Newman and noted that 5 years ago, chipping did happen on site and that she complained to the Building Inspector and it never happened again. However, Ms. Montori did express two complaints: 1) noise and fumes from the trucks and 2) mulching by the tractors and the accompanying “beep beep beep” noise when the trucks back up. Nancy Fleming, 78 Codman Road, noted that the light in the back of the premises feels like a spotlight. Elaine Carroll, 34 Lewis Street, also espressed her displeasure with the intensity of the light in the back. Mr. Gummere responded that the light would be removed
immediately. He said he needed time to talk to Mr. Newman about the other complaints.
Action: Matter continued until April 26, 2007. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle and Gus Browne. Joel Freedman is the Decision Writer.(?)
4) Robert Jahrling, 10 Canaan Drive, appeared with architect John Chapman for a special permit to reconstruct a single family dwelling and accessory structure, a garage, on a non-conforming lot. Mr. Jahrling has already appeared before and received approval from the Historic District Commission, Board of Health and the Planning Board. The Planning Board approved the site plan, but the Zoning Board had not yet received the decision.. Mr. Jahrling noted that the abutters are supportive and that the closest abutter, Mr. John Legates, came to the Planning Board meeting to express his support. John Kimball asked why they want to demolish this house? and is it close to being unihabitable? Mr. Jahrling responded that he bought this house five years ago and has three young children. It
is a 1960’s contemporary ranch style house with one level in the front and two bedrooms in the lower level in the partially unfinished basement. This basement level has cinder block, mold, cold walls and moisture with single pane windows. Mr. Jahrling noted he contacted a salvage company to assess the value of existing materials and was surprised to find the salvage value estimated to be under $10,000.00. John Kimball noted that generally the ZBA can only approve a tear down that does not involve reuse of an existing house and foundation reconstruction if it is basically uninhabitable and that we allow teardowns only if the house was falling down, sub-standard or dangerous. Mr. Jahrling responded that they would be willing to propose some use of existing foundation or frame if convinced by the engineer. Mr. Jahrling invited the Board members to make a site visit. Mr. Chapman noted that a house is only as good as its foundation. Mr.
Chapman also said that there is a water drainage issue creating moisture and mold. John Kimball noted that we need an engineer’s assessment to permit razing. John Kimball also asked about the existing square footage versus the proposed square footage. The existing home assessor’s lot card lists the existing home as 3,003 square feet and the proposed house is 5,670 square feet. Mr. Chapman showed the proposed elevations but had no drawings of the existing house. The proposed structure includes a garage tied in and conforming and connected by a mudroom and small screened porch. The proposed house has three children’s bedrooms on the second floor tucked into the eaves of the gabled roof. There will not be a full second story to the house, but dormered second floor bedrooms. There is also a significant tree on site that they are consciously trying to preserve. Mr. Jahrling noted that the neighbors feel this proposed home
is a tasteful moderately sized house. It was reiterated that a site visit is called for along with an engineer’s report.
Action: Matter continued until April 26, 2007. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle and Gus Browne. Anna Hardman _____________ is the Decision Writer.(?)
Administrative Matters:
Furman Decision signed.
The ZBA voted unanimously to approve the following:
Addition to Rules of the Board of Appeals of the Town of Lincoln
14. Wireless Communication Facilities
Review Fees. The Board imposes a review fee to cover its expenses in reviewing an application for a variance or special permit for a Wireless Communication Facility located outside of the WCF District set forth in Section 12.6 of the Zoning By-Law. The initial fee shall be in the amount of $7,500 payable by certified check to the Town of Lincoln, to cover expenses, including without limitation any engineering, planning or technical consulting services employed in reviewing the application. The Board may also impose additional review fees during the process to cover expenses in addition to those covered by the initial fee. A variance or special permit shall not be issued until all fees due and owing shall have been paid.
Meeting adjourned at 10:10 pm.
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