Meeting Minutes of the Zoning Board of Appeals
May 15, 2008
Panel members: John Kimball, Chair, Steve Daigle, Jeff Macklin, Win Quayle and Dorothy Blakeley, ZBA Clerk. Members absent: Joel Freedman, Anna Hardman, meeting recorded.
New Matters:
Timothy Hawkeye, 198 Concord Road, M/P 97 12 2, for a special permit to install a garden shed on a non-conforming lot. Mr. Hawkey’s neighbor, Mr. Lawrence Herthel, 199 Concord Road, came to this meeting to show his support for the proposed shed. Mr. Hawkeye also has the support of another neighbor, Mr. Montgomery, 139 South Great Road. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Jeff Macklin and Win Quayle. Steve Daigle is the Decision Writer.
Mr. Thomas Blake, 24 Bedford Road, M/P 45 29 0, for a special permit to add a single bay to the existing single bay garage. Mr. Blake recently purchased this 6,600 square foot homethis spring. Mr. Blake has had two meetings with the Historic District Commission and had one site visit from them before receiving an approved design plan. Mr. Blake noted that although this is a 2 acre site, there is not 50 feet on all 4 sides, thus making it non-conforming structure. Mr. Blake would like to add a 14 x 22 bay tucked in behind the house and hidden by shrubbery. Mr. Blake added that he has spoken to his neighbors, and that they are supportive. Mr. Blake stated that the proposed 2 car garage will not provide parallel parking, but rather parking at a 90 degree angle. Mr. Blake said
the proposed addition will be in keeping with the historic style of the home. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes John Kimball, Chair, Steve Daigle, Jeff Macklin, and Win Quayle. Jeff Macklin is the Decision Writer.
Countryside Corp., Ken Eisner, 300 South Great Road, M/P 119 19 0, for a special permit to reconstruct a single family home. Mr. Eisner noted that since the last special permit for this property was renewed there have been dramatic changes to the design plan, namely a smaller, more efficient design plan that has been moved further back from Route 117. The previous plan was to build a house of 3,973 square feet, 2 ½ stories, 5 bedrooms, with 2 curb cuts, and a front set back of 57 feet. The new design is 3,486 square feet, 1 ½ story home, with one curb cut and a 92 foot set back. The house design will be shingle style with a stone veneer and meets the 250 center line requirement. Mr. Kimball asked Mr. Eisner if he has appeared before Conservation Commission. Mr. Eisner
responded that he has spoken with Tom Gumbart and that it was determined there was no need for a new filing. Mr. Eisner also noted that he has had a preliminary conversation with the Planning Board and will have a formal filing with them, but there should not be a problem getting the Planning Board’s approval. Mr. Macklin asked about exterior lighting and Mr. Eisner responded that he plans on using soffit lighting with 2 stone pillars and 6x6 granite posts lit from below with 25 watt bulbs, similar to other properties recently approved by the Planning Board. An abutter, Barbara Peskin, 299 South Great Road, noted that this is a country road and you don’t see any ballasts with lights and that is more a Wayland or Lexington style, not Lincoln. Motion to close the record passed unanimously. Mr. Kimball said that ideally, the Planning Board reaches a decision prior to the Zoning Board, but that we can reach a conclusion with the condition of the
Planning Board’s approval.
Action: Mr. Quayle made a motion to approve this application subject to the Planning Board’s approval. Motion passed unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Jeff Macklin, and Win Quayle. Win Quayle is the Decision Writer.
Alaric Naiman, 12 Huntley Lane, M/P 101 6 0, for an appeal to the Building Inspector’s response to a request for zoning enforcement. Mr. Naiman appeared with his attorney, Adam Costa of Blatman, BobrrowskiBorrowski & Mead. Also in attendance was: Mr. Earl Midgely, Building Inspector, as well as Mr. Buzz Constable, President of the Lincoln Land Conservation Trust (LLCT). Mr. Costa noted that there are three lots that are included in this matter:
Lot A is owned by Mr. Naiman
Lot B is owned by Mr. and Mrs. Brodney
Lot C is open space conservation land owned by a trust with Mr. Naiman and Mr. Brodney as trustees..
a) Soil Conditions:
Mr. Costa stated that in creating these three lots they requested and received approval for a cluster subdivision from the Planning Board. There was an easement granted for the driveway with specific language in the deed and cluster subdivision that if the area was to be disturbed that it be restored with 2-6 inches of topsoil. Mr. Costa contends that this has not been done; the fill is rocky with a variety of plastics and objects that don’t allow growth. Mr. Kimball inquired what specifically needs to be done to correct this. Mr. Naiman responded that the contractor put in “bad stuff” and 5 to 10 feet surrounding the driveway was destroyed by big construction vehicles. Mr. Naiman would like this area to be restored to native forest conditions.
b) Lighting:
Mr. Costa noted another issue is lighting. He said Mr. Brodney installed 3 types of lighting, one of which is in violation of current zoning. Mr. Costa stated that Mr. and Mrs. Brodney appeared before the Planning Board last week in an attempt to get the motion detector light approved and that they were denied by the Planning Board. The Planning Board has requested that this motion detector light be removed and the driveway lights were also not approved..
c) Protection of Lot C
This is open space and protected by conservation restriction. This lot is owned by a Trust, comprised of 2 trustees, Mr. Naiman and Mr. Brodney. Mr. Costa stated that the Special Permit had a site plan provision to protect trees as a vegetative buffer and it is their contention that the Brodney’s disturbed Lot C and its nutrient rich topsoil by clear cutting trees. Mr. Costa asked for an acknowledgement by the LLCT that this violation of land is the responsibility of owners and requested that certain actions regarding zoning enforcement be taken so that the land is restored as much as possible. This request includes loam being delivered, area being reseeded and returned to natural conditions.
Building Inspector’s Response:
Lighting:
Mr. Midgely said regarding lighting, he asked the Brodney’s to return to the Planning Board and they did so on May 7th and were denied. Mr. Midgely said the contractor was prompt in requesting a couple of weeks to remove this lighting and that the lights would be removed by May 30th.
Soil Conditions:
Mr. Midgeley produced pictures and shared these with the Board. Mr. Midgely noted he could not find the unsuitable fill, broken glass and metal referenced by the applicant. Mr. Midgely said he was unable to find one piece of construction material in his site visits.
Lot C:
Mr. Midgely stated that the contractor strived to keep all construction material off Lot C. He noted this is a matter between the LLCT and the trustees.
Mr. Kimball said to summarize:
Lights will be gone by May 30th
There is no visible plastic or glass
Mr. Buzz Constable, President of the LLCT:
Mr. Constable stated that on February 28, the LLCT sent the Huntley Lane Homeowner’s Association a letter regarding tree cutting that has been done on Lot C. Mr. Constable said he will provide copies of that letter for the Board. Mr. Constable noted that the trail that has been created on Lot C is not in accordance with the LLCT and should be removed.
Mr. and Mrs. Brodney:
Mr. Brodney thanked the Board for the opportunity to speak on this matter. Mrs. Brodney stated when they bought this land in 2005; there was a huge amount of site work to be done. The Brodney’s hired a company in Concord recommended by Mr. Naiman and moved into the house a little over 2 years ago. Mrs. Brodney noted that they had a lot of informal communications with Mr. Naiman and that Mr. Naiman had input with many of their plans. Things changed in December 2006 after the Brodney’s had been in the house for 6-9 months and learned that Mr. Naiman was unhappy about things including lighting and fill. Regarding the lighting, Mrs. Brodney stated the reason they the installed the lights were for safety reasons, their own safety, as well as visitors’ safety, and the potential
need for emergency personnel to access the site. Mrs. Brodney plans to reapply to the Planning Board for a new, dark sky compliant light for the central light on the garage. Mrs. Brodney stated it is her belief that the two lights on either side of the garage are dark sky compliant and that she had installed lower wattage bulbs on them. Mrs. Brodney invited the Board to make a site visit and Mr. Kimball responded that would be helpful. Mrs. Brodney said they would like to resolve these issues and as far as Lot C, as Mr. Constable noted it is the Brodney’s and Naiman’s responsibility to work together towards a solution. Regarding Lot C, there are key factors for conservation land with a “view corridor” and an obligation that goes along with it. Mrs. Brodney said that the selling point of this land was the view corridor to Farrar Pond. They were given permission to take down no more than 12 trees, but they only removed
7 trees back in November 2005 and nothing has been done since then. Mrs. Brodney noted they want to resolve this and move on.
Mr. Kimball asked if any member of the public audience would like to speak. Mr. Burt Kessler, 9 Huntley Lane stated he and his wife Myra have lived in their home since 1954 and inquired about the 2 large brush piles on Mr. Naiman’s property. Mr. Kimball noted that this is not the subject of this hearing. Mr. Kessler said that if the lights bothered Mr. Naiman, he should just pull his shades down and that Mrs. Brodney should be able to have lights come on when she returns home from work.
Mr. Constable asked to clarify one point Mrs. Brodney regarding conservation space, that the “view corridor” is specific to Lot C. Mr. Constable also suggested that nothing is done to Lot C, without the participation of the LLCT. Mrs. Brodney was in agreement with this statement. Mr. Kimball noted that he feels this is a classic case for settlement.
Mr. Naiman stated that he feels that his concerns have not been understood during many conversations over the last 2 years, including his concern over the grading along the driveway, and that he would rather not go to court over this matter. Regarding the trail, Mr. Naiman said it was not true that Mr. Constable was not included as the plans were submitted to the Planning Board and the building envelope was moved. Mr. Naiman gave his solemn promise that this is an informal trail. Mr. Constable stated that in regards to Lot C and a cluster subdivision, it is a question of whether the trail is open to residents.
Mr. Kimball said it is clear that this matter will need to be continued in order for the Board to make a site visit and for the other members unable to attend this meeting to listen to a recording of our proceedings here tonight.
Mr. Daigle asked if anyone has put together plans for remediation and also if there is a map of the area in terms of the proposed violation of the special permit? Mr. Daigle recommended putting stakes in the ground so when the Board makes a site visit, the area is clearly delineated. Mr. Naiman agreed to do this.
Mr. Kimball asked if a couple of weeks would be enough time for these stakes to be installed and Mr. Naiman agreed to that timeframe.
Mr. Kimball continued this matter to our next meeting, June 19th, 8:30 pm.
Meeting adjourned at 10:30 pm.
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