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1975-02-13
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1975-02-13
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Zoning Board of Appeals
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Zoning Board of Appeals
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BA-1 to BA-12, Board of Appeals Minutes, 1929-1985
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BOARD OF APPEALS HEARINGS <br />IFebruary 13, 1975 <br />A regular meeting of the Lexington Board of Appeals was held on Thursday, <br />February 13, 1975 at 7:30 p.m. in the Selectmen's Meeting Room of the Town <br />Office Building. Present were four regular members and one associate as <br />follow: Vice Chairman, Acting Chairman George P. Wadsworth; regular members: <br />Woodruff M. Brodhead; Logan Clarke, Jr.; Ruth Morey; and associate member <br />Thomas G. Taylor. Also present were: a Minute -Man reporter, LWV Observer <br />and a room full of townspeople. <br />Public hearings were held on the following petitions, notice having been <br />mailed to those who should legally receive them and to town boards and offi- <br />cials who will or might be affected by decisions made and also advertised in <br />the Lexington Minute -Man newspaper. <br />John and Rosins Busa - special permit renewal to continue operation of a road- <br />side stand, pursuant to section 25.33, and to sell Christmas trees and wreaths <br />during the appropriate season, pursuant to section 25.34, on the premises at <br />52 Lowell Street. <br />Harold R. and Helen M. Millican - special permit renewal pursuant to sections <br />12.2 and 25.21 to continue to operate a private school for the instruction and <br />study of swimming, in the private swimming pool enclosure in the rear of their <br />' property at 90 Hancock Street, during the months of April through October of <br />each year, during the hours of 9 a.m. to 6 p.m. on Mondays through Fridays. <br />Manuel G. Rose, Jr. - request for a variance changed to a special permit to <br />allow for the continuation of the operation of a shop for light repairs to <br />vehicles and ornamental welding at 748 Waltham Street. This shop has been <br />operated by the petitioner and his family since 1927. The premises are owned <br />by the petitioner. <br />(Note: The Board decided to consider this request under section 25.94. See <br />Dion v. Board of Appeals of Waltham, 344 Mass. 547, 553. Section 25.94 allows <br />the Board to grant a special permit for temporary use not conforming to the <br />zoning by-law, subject to conditions for the protection of the community.) <br />Barry S. Bonnell - temporary special permit pursuant to section 25.81 (use of <br />a dwelling as an office by a physician, dentist or other professional person <br />residing in the dwelling incidental to such residence) at 34 Spring Street. <br />The petitioner states "it is our desire to use my residence to complete <br />my work as an illustrating artist of childrens' text books. The books pres- <br />ently under contract require me to meet deadlines by June of 1975. In order <br />to do so, I require the assistance of two other artists who are presently <br />working with me." <br />(Note: The Board of Appeals decided to consider the petition under Section <br />25.94, special permit for temporary use not conforming to this By -Law subject <br />' to conditions for the protection of the community. See Dion v. Board of <br />Appeals of Waltham, 344 Mass. 547, 553.) The Board had difficulty classify- <br />ing Bonnell as professional as that term is used in section 25.81 to refer to <br />physicians, dentists, etc. <br />
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