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Meeting Minutes of the Zoning Board of Appeals
March 26, 2009
Meeting convened at 7:30 pm in the Lower Level Conference Room. Present: John Kimball, Chair, Steve Daigle, Anna Hardman, Joel Freedman, Jeff Macklin, Margaret Olson, Megan Stride and Win Quayle, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Jen Holleran and Andrew Clark, 8 Upland Field Road, M/P 74 18 0, for a special permit to construct an addition to their existing single family home. Ms. Holleran and Mr. Clark appeared with their architects, Colin Flavin and Ngoc Tran, of Flavin Architects, Boston, Mass. The applicants purchased their home in August and would like to create a mudroom as well as a larger eating area. The plan includes pushing one wall out approximately 5 ½ feet and adding a bay window with a window seat. The total square footage added would be approximately 80 square feet. This would increase the functionality of the space and add new windows. Ms. Holleran noted the current windows do not open. Two abutters, Mr. John Caswell, 2 Beaver Pond Road, and Mr. Tom Wang, 10 Upland Field Road,
came to the meeting to support Ms. Holleran and Mr. Clark, noting the proposed plan was a nice addition to the neighborhood. Mr. Wang added that he hopes they will create an appropriate landscape plan and the applicants agreed to do so. Motion to close the record approved unanimously.
Action: Motion to approve this proposal approved unanimously. Panel includes John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle. Win Quayle is the Decision Writer.
Continuance:
Lincoln Fuels, 110 Concord Road, M/P 61 7 0, for permission to sell propane gas. Mr. Scott Guenard and James Durkin, one of the two owners, appeared on their own behalf. The Board and the applicantsMr. Guenard discussed the distance to the closest house, 108 Concord Road, approximately 250 feet, the certificate of liability insurance, $six million, the material the Chief Cotoni distributed to the Board regarding training of the operators, and potential Jersey barriers. The issue of safety was discussed in depth as well as the possibility of moving the tank further back from the road. Mr. Guenard noted that the current placement of the tank was dictated by the fire department and, at that time, Lincoln Fuels did not know that this expansion of use required a special permit. The
Board inquired whether the propane tank is currently empty and Mr. Guenard responded that the tank is empty. The board opened the discussion to the public and Mr. Neil Feinberg, 104 Concord Road, reiterated his concern about safety and the repercussions to the public should anything happen to the propane tank. Mr. Greg Gale, 100 Concord Road, also stated his concern about safety especially for the children who reside in the neighborhood, and is opposed to permitting this propane tank. The board closed the record and discussed the basic question of whether or not this is an expansion of use and if so, if this is substantially more detrimental to the neighborhood. The board also discussed again the issue of safety.
Action: The board voted 2 against (Mr. Freedman and Mr. Quayle) and 3 in favor (Mr. Kimball, Mr. Macklin and Mr. Daigle) for permission to operate the propane tank.nk in its’ current location. Since a special permit requires at least 4 affirmative votes, this application is denied. The Board gave Lincoln Fuels 180 days to remove the tank or 20 days to appeal this decision after it has been written and certified in the Town Clerk’s office.
Preliminary Discussion:
Ms. Karen Seo, a potential Lincoln homeowner, wanted to speak to the Board about a home for sale in Lincoln with a lot size of 3.3 acres. Ms. Seo inquired whether a lot of this size would be sufficient to raise and sell sheep. The Board and Ms. Seo discussed the proposed lot size, and the zoning by-laws applicable to such an operation. It was determined that it would be difficult to approve this hypothetical application unless the applicant purchased a larger parcel of land, a minimum of 5 acres devoted to agriculture would be needed for her intended agricultural purposes.
Accessory Apartment Renewals:
Lily Peck, 84 Davison Drive, M/P 47 3 10, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Eugene Meyer, 31 Trapelo Road, M/P 65 14 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Randal Thompson, 36 Bedford Road, M/P 45 20 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Anne Young, 41 Bedford Road, M/P 45 10 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Katherine Ives, 70 Bedford Road, M/P 36 12 2, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Joesph Ambash & Frances Aschheim, 15 Conant Road, M/P 106 6 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Administrative:
The Board discusseddiscussed for the second time, the attempted appeal byfrom Marc Lewandowski, 3 Bowles Terrace, regarding the denial of a fence permit by the Planning Board. Since the attempted 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 and reiterated their earlier opinion.
The Board signed the following completed decisions:
Cayley Torgeson, 29 Lincoln Road
Countryside Bldg. & Development Corp. 173 Tower Road
Thomas Darling, 7 Lincoln Road
Jerodel Realty Trust and Stephen Gladstone, 63, 65 and 67 Winter Street
Carroll School, 25 Baker Bridge Road
Meeting minutes from January 26, 2009 approved.
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