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Minutes of the Zoning Board of Appeals Meeting of 6/21/07
Meeting convened at 7:35 pm in the Donaldson Conference room at Town Hall. Present: John Kimball, Chair, members Gus Browne, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle, and Dorothy Blakeley, BOA clerk.
New Matters:
1) Arthur Sweetser, 28 Tabor Hill Road, M/P 49 9 0, for a special permit to construct a single story addition consisting of a master bedroom suite. Mr. Sweetser appeared with his architect, Peter Sugar. The owners currently have a small master bedroom with inadequate storage and bathroom. The would like to add a 13 x 26 feet single story addition well set back, 91.9 feet away from the property line. It was also noted that no trees would be cut down to construct this addition and that Planning Board approval is not required. Move to close the record approved unanimously.
Action: Motion to approve this application unanimously approved as this modest addition is no way damaging to the neighborhood. Panel consists of John Kimball, Chair, Gus Browne, Anna Hardman, Win Quayle, and Jeff Macklin. Gus Browne is the Decision writer.
Warren and Margaret Flint, 27 and 33 Lexington Road, M/P 52 3 1 and 52 3 4, for a proposal to redraw a boundary line. Mr. Warren Flint, Mr. Efraim Flint, trustees for the trust owning 33 Lexington Rd., appeared with their legal counsel, Mr. Jonathan White of White, Freeman and Winter, LLP, who also represented Mrs. Margaret Flint, owner of 27 Lexington Rd. Mr. White stated it is the wish of the applicants to re-divide these properties. The land has been in the Flint family since the 1600’s. In 1979, the intention was to separate farm land from residential use. But this 1979 division put the equipment and repair shop on the residential parcel. It was noted that after 1979 the Flints acquired enough land to satisfy the 250 foot width requirement. Applicants asked for a variance. The first standard in
determining that is circumstance, relating to shape and structure. The two buildings are already there, almost side by side. In separating the two, there will be no visual change. Mr. Warren Flint stated that his father put a restriction on the back 34 acres and reserved the right to build two houses. Mr. Warren Flint further stated that the property is owned by Flint Realty Trust, to ensure the land owned by the Flint family for generations goes to the beneficiaries. According to the trust, the back 34 acres will never be sold, but they do have the right to subdivide it. It was noted that the mother’s house was built in 1901 and the barn was built in 1870. The Board discussed use of an easement, redrafting the proposed line, and moving structures. Each would be a financial hardship and the structures are unique. Mr. Jonathan White noted that the potential variance could be specific to these structures and not allow
anything else. The matter was opened up to the public: Mr. William Constable, 17 Old Lexington Road, made three points:
1. Neighborhood impact. Like many neighbors, Mr. Constable appreciates the physical status quo. The structures have been there a long time and there is no opposition that he knows of.
2. This is the very last working farm in Lincoln and it is of a benefit to the town and to the neighborhood.
3. Regarding moving items; Mr. Constable noted a fear would be if the garage were reconstructed, no one would build a one car garage these days and it would be a large garage instead of the smaller, historic structure already in place. There are a lot of reasons to make this work.
Mr. Henderson, 6 Giles Road, and Mr. French, 135 Weston Road, also testified in favor of the application. Motion to close the hearing approved unanimously. John Kimball noted that this potential variance does not create any adverse affects to anybody but that it is forever. Joel Freedman added that enough has been presented that the three conditions needed for a variance have been met. Gus Browne noted that within the legal context, this meets the criteria for a variance. Jeff Macklin agreed that this is a unique situation and does not set a precedent. Win Quayle added the need to write a good decision with the proper language to preserve the uniqueness of this situation.
Action: Motion to approve this application unanimously approved. Panel consists of John Kimball, Chair, Gus Browne, Joel Freedman, Anna Hardman, and Win Quayle. John Kimball is the Decision writer.
Administrative Matters:
Information for June 26, 2007 ZBA meeting distributed.
Meeting adjourned at 9:00 pm.
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