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HomeMy WebLinkAbout1975-08-14BOARD OF APPEALS HEARINGS August 14, 1975 A regular meeting of the Lexington Board of Appeals was held on Thursday, August 14, 1975 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office Building. Present were four regular members and one associate: Chairman D. E. Nickerson, Vice-chairman G. Wadsworth, Ruth Morey and Woodruff M. Brodhead, all regular members; and Robert Cataldo, associate. Also present were a room full of townspeople and a Minute -Man reporter in addition to petitioners and/or their attorneys. Public open hearings were held on the following petitions, notice having been mailed as required by law to abutters, etc. and to town boards and officials. Notices were published in the Lexington Minute -Man newspaper as required. See permits and denials for more information on all those listed below. Instrumentation Laboratory Inc. - special permit pursuant to Section 25.84, to operate a food service for the convenience of employees in the building at 113 Hartwell Avenue. Curtin Realty Associates - variance from Section 26.51 to build a house 33' x 28' on a 51.20 foot lot located at 23 Shade Street with 7'8" and 7'7" side yards in lieu of the 10 foot side yards required for a lot with more than 50 foot frontage. Robert A. Silk - variance of Section 27 to build a single family residence on a parcel of land of Ronald G. and Diana H. Grammont on Aaron Road. The parcel is serviced by Town sewer. (Mr. Silk has an option to purchase.) Joan V. H. Harris - variance of Section 27 to build a garage on the property at 12 Hayes Avenue with less than the required sideyard. James H. McManus, Jr. - special permit under Section 30 to make repairs and to continue to operate a restaurant at 903 Waltham Street, corner of Concord Avenue. (See memo on this following these minutes.)* Petition withdrawn by petitioner. Harry G. MacDonald - variance to divide a lot at 25 Blossom Street, consisting of 78,500 sq. ft. into two house lots. Lot "A", which has an existing dwelling, will have a 120 ft. frontage and an area of 33,700 sq. ft. Lot "B", on which we propose to build a house, will have 67 ft. frontage and an area of 44,800 sq ft. Following the hearings the Board made the following decisions, all in open public meeting: Instrumentation Laboratory Inc. - granted unanimously with certain conditions. Curtin Realty Associates - denied unanimously. Robert A. Silk - denied unanimously. Joan V. H. Harris - denied (2 in favor, 3 in opposition) Harry G. MacDonald - denied unanimously. ' All pertinent material is on file in the Board of Appeals' office. The meeting adjourned at 11:00 p.m. Respectfully submitted, Evelyn F. Cole, Secretary/Clerk (Administrative Clerk - new designation) -MEMO - RE: JAMES H. McMANUS, JR. (formerly known as Brewster's) -903 Waltham St. 7/30/75 8:30 A.M. A meeting was held in the Building Department Office on July 30, 1975. Present: Norman P. Cohen, Town Counsel of Lexington Donald E. Nickerson, Chairman of Board of Appeals Thomas Kelley, Building Inspector James H. McManus (petitioner for a Board of Appeals hearing) Evelyn F. Cole, Secretary of Board of Appeals SUBJECT: Mr. McManus plans to make substantial improvements to the interior and exterior of his restaurant at 903 Waltham Street. The restaurant was built in 1962 when the district was C-1 or C-2. (Restaurants were allowed in these districts.) The present By-law designates this same address as a CN district. Restaurants are NOT ALLOWED in CN districts. A restaurant could NOT be built at this address today, because it is designated CN. Also, all restaurants today have to have a Board of Appeals hearing in order to obtain a special permit (for use), according to Section 25.69 of the Zoning By-law. Section 30 of the Zoning By-law refers to non -conforming uses. A non -conforming building or use can be continued or repaired but not enlarged except with a special permit from the Board of Appeals. DOES THIS RESTAURANT HAVE TO COME TO THE BOARD OF APPEALS? Mr. McManus made an application to the Board on 7/22/75 under Section 25.69. Town Counsel reviewed the facts. Mr. McManus said he was going to improve the restaurant as required by the Lexington Board of Health. Improvements would be made to the ceiling, lighting, insulation. An air -conditioner would be installed and the floor re -tiled. Cost - $10,000. He would improve, not enlarge the building. Mr. Kelley said that the plans would have to be approved by the Building Department: Mr. Nickerson made reference to the numerous telephone calls, etc. in regard to this petition. The residents of this area are very vocal (Five Fields Association). All restaurants are under scrutiny by neighbors. No one could guarantee that residents of the area would not bring action about anything done at this address. i Mr. Cohen said that if Mr. McManus is not going to enlarge or expand the U business, if he is going to only improve and repair the building, if all the statements of Mr. McManus are true, this property would not require Board of Appeals' approval. Mr. McManus withdrew his petition. All materials submitted by him were returned including a check for $35.