HomeMy WebLinkAbout1971-06-08BOARD OF APPEALS HEARINGS
June 8, 1971
' A regular meeting of the Lexington Board of Appeals was held on Tuesday,
June 8, 1971 at 7:30 p.m. in the selectmen's meeting room, The Bird Room, Cary
Memorial Building. Present were Chairman Nickerson, regular members Dawes and
Wadsworth, and associate members Brodhead and Mrs. Morey.
Public hearings were held on the following petitions, notice having been
mailed to the petitioners and to the owners of all property deemed by the Board
to be affected thereby as they appear on the most recent local tax list and
also advertised in the Lexington Minute -man:
The first hearing, scheduled to be at 7:30 p.m., was the petition of
John Sellars Company. Mr. Sellars was not present. Throughout the evening,
opponents to the Sellars' petition voiced objection to their having to wait
for that hearing. Both Joseph F. Chabot and James V. Neufell (Heritage Glass
and Mirror Co., Inc.) agreed to allow the Sellars' petition to be heard before
their scheduled hearings, Mr. Sellars having arrived by this time.
Beginning at 7:35 p.m. petitions were heard as follows:
John P. Carroll - for permission to pick up and to keep cars, without
allowing them to be taken from trucks, overnight on the premises known as 31
Allen Street, away from abutters and the street so as not to constitute an eye
sore.
' Arthur C. Smith - for a variance of the Zoning By -Law to allow the con-
struction of an addition to the north end of the existing dwelling at 51 Follen
Road, the roof of said addition to extend forward over the existing front entry
and path, reducing the front yard setback to 25 feet instead of the required
30 feet.
Five Fields Tennis, Inc. - for permission to build and maintain a tennis
court on the property of Mr. and Mrs. Kenneth L. Jordan, Jr. at 489 Concord Ave.
in Lexington for the use by the Jordans and the members and guests of the
corporation.
Joseph F. Chabot, DVM - for permission to erect and maintain a building
to be used as a hospital for the practice of veterinary medicine at 507 Waltham
Street.
John Sellars Company - for a variance from Section 25 of the Zoning By -
Law to permit the continued use of the premises at 430 Concord Avenue for the
parking and maintenance of commercial vehicles as follows: 1) Existing com-
mercial garage - parking of trucks; 2) Exterior parking lot to rear of garage
only for the parking of trailers. This request is for a one year period.
Heritage Glass and Mirror Company - for a variance of the Zoning By -Law
to allow the construction of two additions to the existing building at 311
Marrett Road, leaving a side yard of 16 feet instead of the required 20 feet
and also to allow nine parking spaces. The addition at the front of the present
building will be 20 feet by 7 feet; one-story in height, with a 20 ft. front
yard. The addition at the rear will be 22 feet by 32 feet, two -stories,
(21 feet high) with a side yard of 16 feet instead of the required 20 feet.
June 8, 1971 (continued) -2
IFollowing the hearings the Board made the following decisions:
John Sellars Company - denied, unanimously, but gave the John Sellars
Company until December 3, 1971 to terminate the illegal use of the property.
John P. Carroll - granted, unanimously, but subject to the following
conditions: 1. No more than 12 cars be allowed on the premises.
2. Cars must be removed within 48 hours.
3. No resale business of any kind shall be conducted.
4. The area shall be suitably screened either by fence or plant-
ings if necessary to protect the area.
5. No cars shall be transported or picked up from this area
except during the hours 8 a.m. to 6 p.m. week days.
6. Premises shall be kept clean and orderly at all times.
7. No pigs may be kept on the premises.
8. This permit is granted for a period of one year only and a
renewal will be subject to adherence to the above conditions.
9. A monthly inspection will be made by the building inspector
and failure to comply with any one of the first 8 conditions
will cause this permission to be immediately cancelled.
Arthur C. Smith - granted, unanimously.
Five Fields Tennis, Inc. - granted, unanimously, permission to carry
' out a lease agreement with Mr. and Mrs. Kenneth Jordan.
Joseph F. Chabot, DVM - granted, unanimously, subject to the following
conditions: 1. Location of building, driveways and parking areas to be shown
on 5/18/71 plan 1/20" = l' by Miller and Nylander as revised
by AVZ, 6.4.71 (Planning Board).
2. Effective sound insulation of building to be achieved by experts;
no exterior doors or windows in animal quarters; building to be
air conditioned; animals shall be kept within the building.
3. Hours of operation will be 8 a.m. to 7 p.m. Monday and Thursday,
8 a.m. to 5 p.m. Tuesday, Wednesday and Friday, 8 a.m. to 12 noon
Saturday.
4. Lots 23, 24A, 24B, 25, 26, 28 and 29 to remain in one ownership
except for a conservation easement over lot 29; that no more
buildings be added on these lots (except #28) and change of scope
of operations or of ownership will require a new hearing.
5. Eight client and one service parking space must be provided, and
driveway must be one-way.
6. Building must be constructed in substantial conformity to drawings
submitted. (see folder and file)
Heritage Glass and Mirror Co., Inc. - granted, unanimously, subject to the
following conditions:
1. A retaining wall shall be built and a chain link fence.
2. Parking spaces shall be provided for 9 cars.
All pertinent material is on file under the name of each petitioner.
The meeting adjourned at 11:40 p.m.
Evelyn F. Cole
Clerk
JOHN P. CARROLL HEARING - June 8, 1971
' Chairman Donald E. Nickerson read the notice as it had appeared in
the May 20 and 27 issues of the Lexington Minute -man and also had been
mailed to abutters as required.
Edward M. Ginsburg, attorney representing John P. Carroll, spoke as
follows:
We were here a year ago when John asked for permission to pick up wrecked
automobiles, getting them off the streets and towing them to his premises.
I have a petition signed by 85 persons supporting this operation. The
signatures have all been obtained since the first day of June.
The Chairman read the statement on the petition with the 85 signatures.
Mr. Ginsburg: Twenty-one people are here and his uncle who owns the land.
His family have owned this property for 150 years. A farm is not profit-
able. John's father and mother are in their eighties. Mr. Carroll is
ninety. What John does pays the taxes and is the reason they can maintain
the property. There is a need for old car removal and disposal in Lexing-
ton. There should be a place to put them so that they'll be off Lexington
streets. We hope you will set up restrictions which are reasonable.
Mr. Nickerson: You know this was granted with the understanding that it
would be up again for review. Eight inspections have been made, the
final one today,with pictures showing that you have not complied. The
' inspections and pictures of the operation make an unfavorable case for you.
It is apparent that you have cleaned up some recently. There have been
complaints about the noise and traffic according to the Building Inspector.
The 31 to 40 pictures submitted were taken by a professional.
Mr. Ginsburg: I was out there and saw Mr. Kelly a month ago and he showed
me a series of pictures he had taken of the place that day and I knew he
probably believed John was dismantling his trucks. It was his own truck
he was working on. I gave him hell. He has put up a fence. Mr. Carroll
says there were over 60 days with below zero temperatures and there was
trouble with the equipment when the weather was that cold. I don't think
it looks like that back here. Those pictures are not entirely accurate,
as of now. They have cleaned it up. When were the pictures taken? Are
they dated? (a discussion was carried on as they looked at photographs)
Mr. Nickerson: I was up there myself.
Mr. Nickerson read letters from Mr. Kelly, assistant building inspector,
letters dated April 9 and May 29, 1971.
Mr. Kelly had made 8 inspection visits. Pictures were all dated from
February 3, 1971 to June 8, 1971. Pictures were passed among Board members
and anyone else who wanted to see them.
Mr. Carroll: The repair work being done that day was on my own car and
' farm machinery.
Mrs. Morey: Why do you need a derrick?
Mr. Carroll: I bring cars in.
Carroll (continued) -2
I
Mr. Ginsburg: They come in on a small truck.
Mr. Nickerson: Don't you shake the engines out?
Mr. Carroll: I have to take the motor out but they don't have to take all
the cars apart.
Mr. Nickerson: The Building Inspector says there are complaints about the
noise on crane.
Mr. Carroll: one shake and it's out.
Mr. Ginsburg: They should comply. The young man is twenty-four. We don't
want the town to take away the use of the property that someone has had for
over 100 years.
Mr. Nickerson: Those who wish to speak in favor may do so now, those who
have not signed the petition.
Mrs. Parsons, 65 Allen St.: We have been neighbors for 15 years and border
this property. The farm has been open to the children. We don't think a
man's livelihood should be taken away. Taxes are high. They have to pay
taxes. I'm very much in favor. I haven't heard that much noise.
' James Tatten, 29 Allen St.: In favor. They are trying to get it cleaned
up. `I'm here to support them. I'm in favor.
John Brucci: Within 24 hours cars are taken away. I'm in favor. I did
quite a bit of work on this.
Mr. Parsons: As far as pictures are concerned, any junk yard would look
like that. No neighbors can see it. It's disagreeable (laugh), a junk
yard, but I'm firmly in favor. They have left many open areas of green
space. They pay taxes like everybody else (much hand clapping).
I signed the petition.
George Christopher Barry, Jr., surveyor, formerly of 36 Forest St., now a
neighbor: I do a lot of traveling ---every day on Route 2. I've been a
resident 30 years. Notice the Concord dump! (more clapping) I signed the
last page.
Glenda Goldberg, 16 Blossomcrest: We are the abutters with one of the
largest areas near the Carroll's. Our property backs onto this property.
No one can see what's there. I'm in favor of having used cars on the
property and think it should remain as it is. My husband and I both signed
the petition.
William Cass, 73 Allen St.: I think most everyone is in favor and it's a
' majority vote. It's a big improvement from last year. The ten ft. stock-
ade fence with green stain blends in. Nobody can complain about that. It
looks neat. (more clapping)
Mr. Nickerson: I've seen it. I know what it looks like.
Carroll (continued) -3
Mr. McSweeney: I abut the property. I see that he has cleaned it up. I'm
' surprised that there isn't more noise. I signed the petition. I'm in
favor.
Somebody? It's better to get the junk off the streets and ,somewhere that
you can't see it.
Charlotte Sanderson: We have lived there for 55 years. I don't believe
you should do this to people. He has lived here so long. My husband and
I signed.
Somebody? The Planning Board makes all kinds of new rules and regulations.
They want to put all of us working people out of Lexington.
Mr. Nickerson: We arn't doing anything to people. He has to come before
us because it's not allowed in the zoning by-law. You should read the
by-law. Everything that we get is a variance or special permission.
Shirley Byrne, Wellington Lane: I went by there many times before I knew
it was there. I signed and so did my husband.
Jim Tatten: I haven't heard anything against his junk yard. The vote is
for keeping it as it is. Nobody has voted against it. (more clapping)
Mr. Nickerson: I haven't counted them. This is the foremat.
' Mr. Nickerson explained the procedure carefully. He said that we're
listening. Any more in favor who haven't signed the petition or who haven't
spoken?
Mr. Nickerson: Anyone in opposition?
No one spoke in opposition. The letter from the Planning Board recommend-
ing that the petition be denied was read by the Chairman. It was noted
that Thomas Costello had abstained from the Planning Board vote.
Mr. Nickerson: Thank you. We'll notify you of our decision.
The hearing was declared closed at 8:05 p.m.
Evelyn F. Cole, Clerk
HEARING
JOSEPH F. CHABOT, DVM - June 8, 1971
Chairman Donald E. Nickerson read the notice as it had appeared in
the May 20 and 27 issues of the Lexington Minute -man and also as it had
been mailed to abutters.
Mr. Nickerson: Mr. Dailey (William J. Dailey, Jr.) is representing Dr.
Chabot. You have presented us with a plot plan by Miller and Nylander,
dated 3/29/71, scale 1" = 40'; another plot plan by Miller and Nylander,
dated 5/18/71, scale 1" = 20' and two drawings by Palmiter Associates,
Architects, entitled Preliminary Sketch and Preliminary Elevation Floor
Plan, both dated 1/6/70, revised 9/15/70. We have a copy of the Miller
and Nylander plot plan dated 5/18/71 with changes and alterations recom-
mended by the Planning Board. Do you ....... you know about these don't
you? Answer: Yes.
Dr.Chabot is operating from Dr. Benton's former place. Funds are avail-
able to convert the building to headquarters for the National Park in the
near future. Dr. Chabot will have to move.
Mr. Dailey described his client's intention to purchase the MacBeth prop-
erty on which he has an option. He plans to remodel and live in the
house and to build an animal hospital. There are 7 lots in the option.
Lot 27 on the plan is Town owned. The house occupies a lot with 50 foot
frontage, 457 ft. deep, the hospital would occupy a lot with 150' frontage
and nearly 475' depth. The new building, which will be one story is
shown on the plan (80' wide by 43' deep by 16'). It will be set back 105'
from Waltham St.
Mr. Dailey showed aerial photographs of the land. It shows the property
as being across from Brookside Ave. He explained the photographs.
Mr. Dailey: At the present time Dr. Chabot is operating full time. He has
an average of 17 appointments a day. The new operation will not include
boarding. The hours will be as they are presently: Monday and Thursday
from 8 a.m. to 7 p.m., Tuesday, Wednesday and Friday from 8 a.m. to 5 p.m.,
Saturday from 8 a.m. to 12 noon and no hours on Sunday.
There will be no outside runs. The animals will receive treatment and once
they are cured they will be released. There will be no boarding.
We had proposed parking for 4 spaces. There will be no outside lighting
except on nights when the hours go to 7 p.m. and lights at the driveway.
We have a man from Bolt, Beranek and Newman, acoustical experts. (lighting
and noise man)
Mr. Dailey: We have a petition with 185 names.
Mr. Nickerson: This is a new list? Not the same as before?
Mr. Dailey: It's a new list.
Mr. Nickerson: How many parking spaces will there be?
Mr. Dailey: Eight and one service beside the building. The building will
occupy only 5% of the total land area. We think it fair to say 80% will
remain open space. Dr. Chabot will live on the lot which is #23.
Chabot (.June 8, 1971)
-2
' Lots 28 and 29 will not be used by Dr. Chabot. Lot 29 is for a conserva-
tion easement that he plans to give to the town. He's afraid to give up
any more. Lot 29, which would be one-half acre,would be given to the town
for conservation for no consideration or as an easement.
Mr. Nickerson: Dr. Chabot will remodel and live in the house. The
drawing shows a jog. The fieldstone steps are the reason for the jog.
It doesn't affect the overall plan and there is no need for a variance
for that.
Mr. Nickerson: Do the Board members have any questions?
Mrs. Morey: Are the trees going to stay as they are?
What about a sign?
Mr. Dailey: We are saving the trees. Seventy-five percent of the land
will stay as it is. We'll come in later for the sign --- a free stand-
ing one, probably. There are two big spruce trees. The trees will
remain.
Mr. Nickerson: There's no problem about the driveways? The driveway
will have to be on the same 50 ft. lot.
Mr. Dailey: Yes. There's no complication there.
' Mr. Nickerson: Those who wish to speak in favor may do so now.
Those who registered in favor at this time were:
Virginia Amichetti, 16 Kendall Rd.
Ann Baldwin, 510 Waltham St. (across the street)
Mr. McDonough (an animal lover)
Jackie Davison, 86 Spring St. ("my dogs are patients")
Elsa Sullivan, 5 Washington St.
Robert Forsberg, 411 Concord Ave.
Charlotte Sanderson, 4 Meadowbrook
Mr. McCluskey, 503 Waltham St. (next door)
also eleven, who raised their hands and were counted.
Ruth Ross: I'd like to hear from the acoustical engineer.
Mr. Nickerson: Is he here? Will he raise his hand, please.
Mr. John Curtis stood and stated that the building would be sound
proofed effectively. There would be no problem. He said that he
visited the sight and,noticed the location and the abutters and
particularly, since there will be no windows where the animals would
be, there will be no problem to people in the vicinity even in the
evening hours. There will be less noise from this facility than a
normal house with a barking dog. It'll be no great effort to sound
proof the building. The area were dogs will be is in the back.
It'll be air-conditioned. You'll be better off then in a neighbor-
hood of dogs.
Mr. Nickerson: Anyone in opposition?
Chabot (June 8, 1971 -3
1
In opposition:
Catherine Hooper: I'm against having a business in this area. I
did not write a letter, but I want to be registered as being against
it.
Ruth V. Ross, 58 Valleyfield St. (raised her hand, stood up and
gave her name).
Anthony Gelzinis, 73 Valleyfield St.: I'm against business in a
residential area.
Mr. Nickerson: Anyone else wish to comment? There was no response.
The letter from the Planning Board was read by the Chairman. The
letter made certain recommendations. If the recommendations were
followed the Board would support the granting of the permit to Dr.
Chabot. (see letter dated June 3, received June 8, in file)
Ruth Ross: Will additional buildings be permitted to be added?
1 Mr. Nickerson: We would follow the advice of the Planning Board and
we would allow nothing else there.
Mr. Nickerson: Do you plan to increase? It's not fair to bind them
to eternity.
Mrs. Ross I'm objecting less.
Mr. Nickerson noted for the record that there were letters from Mr. and
Mrs. Sowkow, and Mrs. Cosgrove, all living at 64 Valleyfield St.
Mr. Nickerson: If there are no more comments....fPause) .....thank you.
We'll notify you of our decision.
The hearing closed at 8:53 p.m.
Evelyn F. Cole
Clerk
1