HomeMy WebLinkAbout1975-04-10BOARD OF APPEALS HEARINGS
' April 10, 1975
A regular meeting of the Lexington Board of Appeals was held on Thursday,
April 10, 1975 at 7:30 p.m. in Room G 15 of the Town Office Building. Present
were four regular members and one associate member as follows: Chairman Donald
E. Nickerson, Ruth Morey, Woodruff M. Brodhead, Logan Clarke, Jr, and associate
Haskell W. Reed. Also present were: a Minute -Man reporter and a room full of
townspeople as well as the petitioners or their representatives.
Public hearings were held on the following petitions, notice having been
mailed to the abutters and owners of land next adjoining the land of the abut-
ters as they appear on the most recent local tax list and also advertised in
the Lexington Minute -Man and to town boards and officials who will or might
be affected by decisions made.
Nicholas A. Cannalongo - special permit renewal under sections 12.2 and 24.5
of the zoning by-law for permission to continue to store and sell in conjunc-
tion with the operation of a nursery at 927 Waltham Street, all of the supple-
mentary items specified in subsection 24.5 of the zoning by-law and for the
sale of Christmas trees, wreaths, etc. in the appropriate season.
Ralph D. Cataldo - special permit renewal, pursuant to Sections 25.33, 25.34
and 24.5, to continue the operation of a roadside stand at 61 Bow Street for
the sale of vegetables, flowers, plants and other nursery and farm goods and
for the sale of Christmas trees, wreaths, etc. in the appropriate season.
Robert S. Graves - renewal of the permit for variance to allow temporary park-
ing of not more than ten (10) motor vehicles on the rear of the property at
388 Concord Avenue. Lighting to prevent vandalism is requested. The area to
be used would be increased from 40' x 100' to 50' x 100'. This parking will
continue to be used in conjunction with Bob's Towing Service of Lexington.
The petitioner has a lease for the use of the property from the owners,
Barbara J. and George W. Forten.
R & W Realty Trust - special permit under Section 25 to (1) enclose an area on
the roof at 60 Westview Street, Lexington in order to install testing instru-
ments, (2) to fence in an area in which to store boats and equipment, and (3)
to construct a concrete ramp leading into the building to be used by the Envir-
onmental Protection Agency. All shown on plans submitted to the Board of Appeals
office.
John M. Deutch and Samayla D. Deutch of 6 Belfry Terrace - pursuant to G.L.
Chapter 40A, Section 13 and Lexington Zoning By-law, Section 12.1, for an appeal
from Administrative Decision of the Building Inspector of the Town of Lexington
in issuing a building permit to Lexington Friends Community Residence, Inc. to
construct an addition to the existing building at 45 Forest Street.
Following the hearings the Board made the following decisions, all in
public open meeting:
' Cannalonea - granted unanimously subject to the following conditions:
1. Subject to subsections 25.88 and 32.1. Subsection 32.2 is waived.
Sign to be as at present.
(conditions are continued on next page)
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Board of Appeals hearings April 10, 1975 (continued)
2. Parking shall be continued as provided at present so that cars shall
not be parked on the street.
3. The premises shall be kept in a neat and orderly condition at all
times.
4. This permission shall terminate in two years and will be subject to
renewal on April 24, 1977.
Cataldo - granted unanimously, subject to the following conditions:
1. The premises shall be kept in a neat and orderly condition.
2. No flood lights shall be installed.
3. There shall be no parking on Bow Street.
4. The stand will operate 7 days a week during the daylight hours except
during the period Nov. 15 through Dec. 25 when closing hours will be
7 p.m.
5. Christmas trees and wreaths may be sold during the period of November
15 through December 25.
6. No large quantities of bags of fertilizer or wood shall be stored
outside for sale.
7. This permission will terminate in two years and will be subject to
renewal on April 10, 1977.
Graves - granted unanimously, subject to the following conditions:
1. The 5,000 sq. ft. area shall be protected by a fence, the same as
described in the original permit. (6 ft. high cedar fence)
2. No repair work or sales activity shall take place in the area.
3. One light for protection from vandalism will be allowed on a 16 ft.
pole with the light focused toward the Forten residence.
4. No night-time activity will be permitted except for the introduc-
tion of damaged cars.
5. All parking of vehicles must be confined within the fenced area.
6. The area shall be kept neat and orderly.
7. No debris shall be left along the drive or near the area as a
result of this permit.
8. Primary access to this parking area will be through the Elks'
property.
9. This permit is granted for one year and expires April 2, 1976.
The petitioner shall have the obligation to record a notice of this
conditional variance as required by statute.
The issuance of this conditional permit for variance shall not in
any manner affect any other permit which might be required by statute.
R & W Realty Trust - granted unanimously, subject to the condition that it
shall be done in accordance with the plans submitted.
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Deutch - denied unanimously. The findings and reasons for the decision follow:
(please see next page)
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Board of Appeals hearings April 10, 1975 (continued)
That in its judgment the public convenience and welfare will not be sub-
stantially served by overturning the administrative decision of the Building
Inspector and/or Commissioner of the Town of Lexington in issuing a Building
Permit.
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That allowing the Building Permit issued by the Building Department to
stand, thus allowing the construction of an addition to the house at 45 Forest
Street to be built, will not result in impairment of the status of the
neighborhood.
The Board of Appeals accepts the Building Commissioner's letter, written
in defense of his granting a Building Permit and because of the arguments
stated believes it is in harmony with the general purposes and intent of the
regulations in the Lexington Zoning and Building By-laws and the Board of
Appeals considers the explanations given as adequate reason for issuing a
Building Permit to build an addition to the house at 45 Forest Street and
the Board attaches the letter as part of its reason for denying John M. and
Samayla D. Deutch's petition.
A motion was made and seconded to approve the petition of John M. and
Samayla D. Deutch. The motion was unanimously defeated. The petition is
denied for the reasons stated.
Also, the Board includes in its decision the definitions stated on pages
38 and 39 of the Zoning By-law, especially the three definitions given under
"Dwelling, One Family", "Family", and "Home Occupation".
All pertinent material is on file in the Board of Appeals' office.
The meeting adjourned at 10:45 p.m.
Respectfully submitted,
,;Ca�L_
Evelyn F. Cole, Clerk