 |
Meeting Minutes of the Zoning Board of Appeals
August 13, 2009
Meeting convened at 7:30 pm in the Donaldson Conference Room. Present: John Kimball, Chair, Steve Daigle, Joel Freedman, Win Quayle, Margaret Olson, and David Summer, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Yannis Ioannides and Anna Hardman, 17 Old Concord Road, M/P 61 14 0, Mr. Ioannides represented himself as Ms. Hardman and their architect, Mr. William Simmers, of Cambridge, Mass., are both unable to attend this meeting. Mr. Ioannides stated the house was built in 1957 and he and his wife have lived there 17 years without making many alterations, other than the usual repairs. They would like to add a small single story addition to enlarge the kitchen and also to allow direct access from the house to the garage. The proposed addition will contain approximately 96 s.f. of enclosed living space with skylights to allow more light and functionality in the currently dark one windowed kitchen. The outside portion of the proposed addition will be comprised of 31 s.f. of a covered roof entrance porch
to improve the current access to the garage. The access currently is an outdoor path which is slippery in rainy or snowy weather. This modest addition has been designed to be in keeping with the New England colonial style of the home and the entire front façade will be painted and siding replaced where necessary to minimize the impact when the addition is constructed. Two abutters, Jean Risley, 21 Old Concord Road, and Susan Mygatt, 37 Old Concord Road, came to the meeting to support this proposed project. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Margaret Olson and Win Quayle. Margaret Olson is the Decision Writer.
Brian Telfer and Linda Tempelman, 274 Lincoln Road, M/P 117 5 0, Mr. Telfer and Ms. Tempelman represented themselves. The applicant’s home is approximately 3,180 s.f. and they would like to add one story to the existing one story attached garage. This proposed addition would be for a family room, an additional bedroom and exercise area. The Board viewed photos provided by the applicants and discussed the proposed height of the structure which will increase from 20 to 22 feet and the fact that the footprint will not change. The overhang of the proposed addition will change the currently non-conforming side setback from 48 feet to 46 feet; a modest incursion and well hidden by the maturity of vegetation around the home. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Margaret Olson and Win Quayle. Steve Daigle is the Decision Writer.
Ms. Amy Joannes, 153 Lexington Road, M/P 61 14 0, Ms. Joannes represented herself and she owns the property formerly known as Lawson’s farm stand. Ms. Joannes had previously tried to run this farm stand without success due to the limitations of its location with the divider along Route 2 and the difficulty of cars coming in and out at that spot. The farm stand has been left untended for the last couple of years and the house has been used as a rental property. There is also a barn/garage on the property. Ms. Joannes wishes to rent the premises to a woodworker. The Board and Ms. Joannes discussed the property, and the requirements for a customary home occupation under section 6.1.f of the Bylaw, including bylaws for an R-1 district and the fact that no goods or wares may be displayed. It was noted that the potential workshop owner must reside on the property in order to operate this workshop according to Section 6.1.f.i of the Zoning bylaws. The Board also inquired about the
sheds that have been placed for sale on the property which are may be in violation of the bylaws. An abutter, Tom Aprille, 276 Cambridge Turnpike, submitted a letter to the Board requesting that no use other than a farmstand be permitted at this site. A member of the audience, Sam Mygatt, 37 Old Concord Road, inquired about possible uses of the furniture refinishers such as sprays, lacquers or any kinds of tanks and Ms. Joannes responded that there is no drainage or bathroom on site, so this would not be permitted. Ms. Joannes voiced concern over losing the right to use this property as a farm stand in the future. The Board responded that according to the bylaw, 6.1.d, that sale of farm produce by an owner of the land is allowed provided that a substantial portion of such produce is raised within the town. A special permit is not appropriate for this application.
Motion to close the record approved unanimously.
Action: The Board will write a letter to the applicant outlining the uses permitted under the applicable section of the Zoning Bylaw, Section 6.1.f.i. Win Quayle is the Decision Writer for this matter.
Neil Feinberg, 104 Concord Road, M/P 61 7 0, for an appeal of the enforcement action taken by the Zoning Enforcement Officer regarding Lincoln Fuels, 110 Concord Road. Mr. Feinberg represented himself, also present was the Building Inspector, Earl Midgley, and Jim Durkin, owner of Lincoln Fuels. Mr. Feinberg stated the main issues are parking and screening which date back to the prior owner, Bob McCart from 1996. In a wooded area, Mr. McCart took out trees and screening and added parking. Mr. Feinberg brought this to the attention of the ZBA in 1996 and Mr. McCart was supposed to present a site plan to the Planning Board for approval at that time. The site plan was approved but never fully implemented. Instead Mr. McCart put in an earthen berm, about 3 or 4 feet tall, which
effectively blocked the headlights from entering Mr. Feinberg’s property. After approximately 12 years, the berm was removed by the current owners, Lincoln Fuels, and the headlights again became an issue for Mr. Feinberg. The Board discussed the applicable section of the bylaw, Section 15.3.3.3, which are parking regulations that call for screening. Mr. Feinberg stated he has 4 issues of concern:
1) berm needs to be replaced or a fence installed at least 30 feet long
2) the sandwich sign boards are permanent structures which also require a permit
3) the goodwill charitable box, while a noble cause, is also a permanent structure requiring a permit
4) the new siding on the façade which was done and improves the look of the building, was completed without the proper permitting as well
Mr. Guenard stated that the earthen berm was full of debris such as concrete, and debris from Mr. McCart and that he was simply trying to clean up the property by removing this. Mr. Guenard noted that the goodwill box is full every week and he is proud of this and will fight to keep it. As far as the siding is concerned, Mr. Guenard was trying to improve the building and added that he had spoken to Earl Midgley who agreed that this was a repair and not in need of a permit. Mr. Guenard added that there are no lights proposed for the overhang on the façade.
Ms. Kathy Madison, 104 Concord Road, wife of Neil Feinberg, stated when a yard abuts an industrial area, there should be a resolution regarding screening. Kurt Risley, 21 Old Concord Road, approves of the goodwill box in its current location and added that this charitable donation should not be discouraged.
The Board noted that there may be a statue of limitations involved and town counsel will need to be consulted. Additionally, the board will write a letter to the Planning Board regarding site plan, parking plan and sign permit issues.
Action: This matter is continued until our September 24, 2009 hearing. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Win Quayle and David Summer. John Kimball is the Decision Writer.
Administrative:
Rules of the ZBA, as amended, approved
The Board signed the following decisions:
Shapour Alam, 11 Brooks Hill Road
Richard Palmer and Dawn Gammack, 23 Huckleberry Hill
Richard and Jennifer Flanagan, 74 Cambridge Turnpike
Accessory Apartment Decisions:
Neil Feinberg, 104 Concord Road
Meeting Minutes of June 18, 2009 approved
| |
