The Town of Lincoln, MA
PO Box 6353, Lincoln, MA 01773 ph:781-259-2607 fx:781-259-1677 
ZBA Minutes Jan. 29, 2009
Meeting Minutes of the Zoning Board of Appeals
January 29, 2009

Meeting convened at 7:30 pm in the Lower Level Conference Room.  Present:  John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, Margaret Olson, Megan Stride and Win Quayle, and Dorothy Blakeley, ZBA Clerk.

New Matters:

The Carroll School, 25 Baker Bridge Road, M/P 55 5 0, for renewal of a Special Permit for a modular classroom.  Mr. Jerry Taylor, Director of Operations, appeared on behalf of the Carroll School.  The current special permit does not expire until later this year, but the applicants wanted to apply for renewal early.  The temporary modular building is environmentally sensitive and all green.  The current economic conditions have halted the plans to build a permanent structure, but the school does intend to do this in the future.  The current temporary structure is 12 x 60 feet and one story.  There have been no complaints from the neighbors regarding this temporary structure.  Motion to close the record approved unanimously.
Action: Motion to approve this three-year renewal approved unanimously.  Panel includes John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Megan Stride.  Megan Stride is the Decision Writer.

Charlie Stankard, representing Jerodel Realty Trust, and Stephen Gladstone & Susan Capestro, 63, 65 and 67 Winter Street, M/P 91 7 0 and 91 4 0, seeking permission to create two lots out of the existing one lot and a special permit to retain non-conforming status.  Mr. Stankard, Mr. Gladstone and Ms. Capestro appeared at this meeting.  The creation of two lots would be done by creating a paper road, a minor street, and the exchange of land between the existing homeowners.  John Hamel surveyed the properties and Mr. Stankard brought this plan to the meeting for the Board’s review.  It was noted that with the proposed exchange of land, that Mr. Gladstone and Ms. Capestro would have a conforming lot as to lot size, , 3 acres, as to lot size, but the house would remain non-conforming.  It was stated that there will be no construction or movement of the existing homes.  The Board and the applicants discussed the proposed solution, noting it was a positive resolution for all the parties involved.  The Planning Board may waive would issue a waiver of non-construction offor the paper road.  The applicants have already had a preliminary Planning Board meeting which elicited a favorable response from the members of the Planning Board.  Two abutters, Ms. Polly Drinkwater and Mr. Nicholas Zagoroff, 55 Winter Street, asked that the applicants confirm that there will be no further subdivision of this property and Mr. Stankard confirmed there would not be.  Mr. Gladstone distributed a letter agreement between himself and the Jerodel Trust, providing that no additional houses could be built on the subdivided lots.r from his counsel, Paul M. Richardson, Esq., dated 1/27/09 to the Board, and for the record, which is a memorandum of understanding of the agreement under discussion tonight and executed by Mr. Stankard.  The proposed minor street will create a 3 acre lot for Mr. Gladstone and there will be one house on lot 2 and one house on lot 1 and no possibility for a 3rd house.  Motion to close the record approved unanimously.
Action: Motion to approve this application subject to limiting the number of houses to one per lot and no more construction permitted, approved unanimously.  Panel includes: John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle.  Joel Freedman is the Decision Writer.  

Thomas Darling, 7 Lincoln Road, M/P 65 3 0, is seeking approval for a small addition to his single family home.  Mr. Darling appeared with his architect, Mr. Christian Hosford, of Helios Design Group of Jamaica Plain, Mass.  Mr. Darling would like to add a small, one story  addition totaling a gross 650 square feet, which includes a porch.which includes the proposed porch  The total square footage of the addition without the porch is 628.63 square feet.  The applicants went to the Historic District Commission a year ago, but the Commission did not like the architectural vocabulary.  In the interim, there have been minor aesthetic changes, but the height and dimensionsside lot lines have not changed.  Motion to close the record approved unanimously.
Action: Motion to approve this application, subject to the approval of the Historic District Commission, approved unanimously.  Panel includes John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle.  Anna Hardman is the Decision Writer.

Continunances:

Cayley Torgeson, 29 Lincoln Road, M/P 64 8 0, for permission to replace the existing garage.  Mr. Torgeson stated that since our last meeting on this application, he has revised the plan for the proposed garage, making it smaller and less massive, reducing the height and removing the proposed cupola.  The Historic District Commission approved the revised plans and the neighbors were in favor of it as well.  The new garage will be a modest change viewed from the street.  Motion to close the record approved unanimously.
Action:  Motion to approve this application approved unanimously.  Panel includes John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle.  John Kimball is the Decision Writer.

Countryside Building & Dev. Corp., 173 Tower Road, M/P 119 20 0, applicationto decide whether to reopen the hearing.  Ken Eisner, owner of Countryside Building & Dev. Corp. represented himself.  John Kimball talked to Town Counsel regarding the legality of reopening a hearing that already had been voted on.  Motion to reopen hearing unanimously approved. The Board and Mr. Eisner discussed the decision and possible switching of the leeching field; as mentioned in the last meeting.  In exploring moving the septic system, issues of grading and/or moving the house location slightly were discussed.  Mr. Eisner sent a letter to the Board dated 12/28/08 which detailed an alternative to moving the septic system with a plan for more creative screening with a revised landscape plan.  The Board, Mr. Eisner and an abutter, Ms. Barbara Peskin, 299 South Great Road, discussed the merits of the revised plan and Ms. Peskin produced photos of the current conditions.  It was noted that any revised landscape plan would have to be approved by the Planning Board.  Motion to close the record unanimously approved.
Action:  Motion to reinstate previous decision with plan showing location of undisturbed area, contingent upon agreement of drafted decision, approved unanimously.  Panel includes John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle.  Jeff Macklin is the Decision Writer.

Administrative:

The Board approveddiscussed the letter tofrom Marc Lewandowski, 3 Bowles Terrace, regarding an attempted appeal to the ZBA of the denial of a fence permit by the Planning Board.  Since the appeal was outside of the permitted 30 day timeframe from the date of the Planning Board decision, the Zoning Board cannot accept the attempted appeal.

CLRP: The Board discussed the upcoming Comprehensive Long Range Planning Committee meeting on February 10, 2009 and issues such as what makes Lincoln what it is, creating diversity, landscape and the rural character of Lincoln.

The Board signed the following completed decisions:
Nicholas and Vicki Konstandakis, 22 Old Cambridge Turnpike
James Pope & Elinor Hardigg, 61 Beaver Pond Road.

Accessory Apartment Renewal Decisions signed:
Alan Donaldson, 279 South Great Road
Michael & Janet Frazier, 18 Granville Road
Amir Hoveyda & Suzanne Gray, 152 Trapelo Road
Pamela & William Hoyt, 58 Conant Road
Anne Knowlton, 49 Stonehedge Road
Gary & Susan Taylor, 84 Davison Drive


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