TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS 0 Hawthorne Lane

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TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS 0 Hawthorne Lane There having been presented to the Board a petition by Monica Halperin, Trustee, 0 Hawthorne Lane Nominee Trust, 67 Byron Road, Weston,

1 TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS 0 Hawthorne Lane There having been presented to the Board a petition by Monica Halperin, Trustee, 0 Hawthorne Lane Nominee Trust, 67 Byron Road, Weston, Massachusetts, the Board decided to hold a hearing on said petition on July 27, 2015 at 8:05 P.M and caused the following notice to be published in The Town Crier, a newspaper of general circulation in Weston: TOWN OF WESTON MASSACHUSETTS BOARD OF APPEALS Hearing Notice Notice is hereby given that the Board of Appeals of the Town of Weston will hold a public hearing on Monday, July 27, 2015 at 8:05 P.M. in a conference room at the Weston Town Hall, on an application by Monica Halperin, Trustee, 0 Hawthorne Lane Nominee Trust, 67 Byron Road, as to 0 Hawthorne Lane (Map 57, Lot 14) and 67 Byron Road (Map 57, Lot 69) requesting a variance to alter lot line. Applications with said Board of Appeals are available for public inspection in the office of the Board of Appeals on Monday through Friday, from 9:00A.M. to 4:30 P.M. Board of Appeals of the Town of Weston By: Winifred I. Li, Chair The Board mailed the foregoing notice postage prepaid to the persons deemed by the Assessors to be the parties of interest as they appear on the most recent tax list.

2 Notice sent to: Board of Selectmen, Board of Assessors, Board of Health, Building Inspector, Conservation, Fire Chief, Planning Board Chairman, and Town Clerk, plus the Planning Boards of Lincoln, Natick, Newton, Waltham, Wayland, and Wellesley Board of Appeals Members: Li, Rose, Jr., Larocque Noreen H. Stockman, Administrator Weston Board of Appeals Pursuant to the foregoing notice the Board held a public hearing on July 27, 2015, at the Weston Town Hall. The following members were present: Winifred I. Li, Chair Alan D. Rose, Jr., Acting Secretary Stephen J. Larocque The subject site, 0 Hawthorne Lane, Weston, Massachusetts (the Premises ) is located in the Single Family Residential District B (SFRD B) and comprises 104,094 square feet in a district requiring a minimum of 40,000 square feet. The Premises has feet of street frontage, and feet of lot width at street frontage, in compliance with the minimum 150 feet for lots created before This unimproved lot was created in 1981 (cut from 25 Byron Road), and conforms to the By-law requirements. The Premises, 67 Byron Road, and 25 Byron Road are abutting properties owned by Chuck and Jessica Myers, as beneficiaries of the nominee trusts. Twenty-five Byron Road is the immediate abutter to the north of the Premises, and is improved by a dwelling constructed in No change is proposed for 25 Byron Road. Sixty-seven Byron Road is the immediate abutter to the northeast of the Premises. Sixty-seven Byron Road is improved by a dwelling constructed in Jessica and Chuck Myers, 67 Byron Road, Weston, Massachusetts, owners (the Petitioners ) request a variance in order to alter the lot line between 67 Byron Road and the Premises. As shown on Plan of Land to Accompany ZBA Application, Weston, Massachusetts, prepared by Snelling & Hamel Associates, Inc., P.O. Box 102, Lincoln, MA, dated June 25, 2015, the Petitioners seek to carve off Parcel A, comprising 43,553 square feet from 0 Hawthorne Lane, and add Parcel A to 67 Byron Road. This land transfer would result in 0 Hawthorne Lane comprising 60,541 square feet of area, with a coefficient of regularity of 0.8, as identified as Lot B on the Snelling & Hamel plan. Sixty-seven Byron Road would increase from 187,662 square feet to 231,215 square feet of area, which includes Lot A, and Parcel A of the Snelling & Hamel plan. 2

3 There were no previous Zoning Board of Appeals cases for the Premises. Appearing before the Board were Jessica Myers and Chuck Myers, who are the beneficiaries of the Nominee Trust for the Premises, 67 Byron Road, Weston, Massachusetts (the Petitioners ) with Jonathan A. White, 30 Colpitts Road, Weston, Massachusetts, their attorney. Mr. White stated that the Petitioners purchased three abutting lots in January 2015 from the Viniks, and that the Petitioners reside at 67 Byron Road. Mr. White stated that the Petitioners have spoken with many neighbors, and that all thus far have been in favor of the petition. Letters entered into the record include: Jill Alpert, 17 Hawthorne Lane, dated July 8, 2015 Joanne Casper and Wendell Colson, 14 Byron Road, dated July 9, 2015 John Tucker, 31 Byron Road, dated July 19, 2015 Edward and Elizabeth Soares, 39 Byron Road, dated July 11, 2015 Ralph Sheridan, 79 Byron Road, dated July 14, 2015 Monica Halperin, 67 Byron Road, dated July 10, 2015 Richard Medverd, 12 Hawthorne Lane, dated July 23, 2015 Mr. White stated that the neighbors are supportive of the variance, where this is an advantage to neighborhood. The Premises, as it currently exists, is a fully conforming lot created prior to Construction of a new dwelling on the existing lot would therefore be as-of-right, or subject to Planning Board review if the proposal exceeded the Residential Gross Floor Area allowance. However, if the new lot is approved, a future proposed dwelling would require review by the Zoning Board of Appeals, as the Premises would no longer constitute a grandfathered lot; the new lot would be created in Mr. White explained that the Petitioners have a pool sited toward the south, or rear of the 67 Byron Road lot. Stone retaining walls were constructed to the southwest of the pool to manage the site topography in the pool area. These retaining walls subsequently became structures as of the By-law change in 2008, are sited on 0 Hawthorne Lane (on the land now identified as Parcel A), and encroach into that lot s side yard setback. The Petitioners seek to incorporate these retaining walls into the 67 Byron Road lot as originally contemplated, through the addition of Parcel A. The proposed alteration of the lot line between 67 Byron Road and 0 Hawthorne Lane will ensure that these retaining walls are further from the shared lot line than the By-Law prescribed 35-foot side yard setback. This lot line change will result the retaining walls being sited completely on 67 Byron Road and fully conforming to setback requirements. Mr. White stated that they had considered creating an exclusive use easement for 67 Byron Road, as to Parcel A. In that instance, Parcel A would be a part of 0 Hawthorne Lane, but would only be used by 67 Byron Road. Mr. White stated that that option was not desirable. Mr. White stated that there were various lot line iterations reviewed prior to determining the final lot line, which included privacy and topography issues. Mr. White stated that the Petitioners have an interest in insuring that what is built on 0 Hawthorne is modest. Nick Veeder, 28 Byron Road, was present, and stated he supports the proposal. No one further appeared on the petition. The hearing closed, and the Board proceeded to deliberate.decision: 3

4 Following due and open deliberation, the Board, by unanimous decision, granted the requested variance to alter the lot line between 67 Byron Road and 0 Hawthorne Lane, Weston, Massachusetts (the Premises ), as shown on Plan of Land to Accompany ZBA Application, Weston, Massachusetts, prepared by Snelling & Hamel Associates, Inc., P.O. Box 102, Lincoln, MA, dated June 25, 2015, such that 0 Hawthorne Lane shall comprise 60,541 square feet of area, with a coefficient of regularity of 0.8, and identified as Lot B on the Snelling & Hamel plan. The frontage of feet and the lot width of feet shall remain unchanged. The resulting lot will conform to district lot area requirements, but shall be deficient for street frontage, and lot width at street setback for lots created after Sixty-seven Byron Road shall increase from 187,662 square feet to 231,215 square feet of area, which includes Lot A, and Parcel A of the Snelling & Hamel plan. The Board found that there existed a unique circumstance where retaining walls were constructed on 0 Hawthorne Lane, in order to support a pool structure on 67 Byron Road. These retaining walls were designed to control steep topography, and were not deemed structures when they were constructed in The Board found that it would create a hardship to remove these retaining walls. Further, the Board determined that the addition of Parcel A to Lot A would create no new nonconformities for the resulting Lot B, and Lot B will meet the requirement for coefficient of regularity. Additionally, all structures on Lot A plus Parcel A, now known as 67 Byron Road, will be fully conforming to setback requirements. Encroaching structures on 0 Hawthorne Lane (retaining walls that encroached into the sideline setback) have been eliminated. The Board found that a restrictive use easement for Parcel A would create a hardship for the owners of both 67 Byron, and a future owner of 0 Hawthorne Lane. In reaching its decision, the Board determined that while the variance creates a new nonconforming lot (Lot B, 0 Hawthorne Lane), the nature of the land and the use of the land will remain unchanged, and the nonconforming aspects of the buildable lot (Lot B) are eliminated, not intensified. The Board determined that the grant of the variance is not more detrimental to the neighborhood than the existing structures and conditions, and that a denial of the request would create a hardship for the Petitioner with no benefit to the public. The Board determined that the grant would not be a derogation from the purpose and intent of the By-law, as amended. For these reasons, the Board found that (1) owing to the shape and topography of the land it would be a substantial hardship to remove the existing walls (now structures), or establish an exclusive use easement; (2) the requested relief would not impact the zoning district generally, and (3) the requested relief was a substantial benefit to the public because it required Board approval for new structures on 0 Hawthorne Lane. Petition: Approved A True Record Attest: Alan D. Rose, Jr., Acting Secretary Weston Board of Appeals 4

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Department of Municipal Licenses and Inspections Zoning Board of Appeals 90 Pond Street Braintree, Massachusetts 02184

Department of Municipal Licenses and Inspections Zoning Board of Appeals 90 Pond Street Braintree, Massachusetts 02184 Joseph C. Sullivan Mayor Meeting Minutes October 22, 2013 IN ATTENDANCE: Stephen Karll,