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Home My WebLink About1976-02-19BOARD OF APPEALS February 19, 1976 ' The Board of Appeals held a regular meeting on Thursday, February 19, 1976 beginning at 7:30 p.m. in the Selectmen's Meeting Room, Town Office Building. Present were: Chairman Donald E. Nickerson, Vice Chairman George P. Wadsworth; members: Woodruff M. Brodhead and Ruth Morey; and associate member Haskell W. Reed. Also present were: a reporter from the Lexington Minute -Man newspaper, a representative of League of Women Voters, and a room overflowing with spectators. Public hearings were held on the following petitions, notices having been mailed to the proper people and advertised in the newspaper as required by law: Lexington Golf Club - special permit under Section 25.24 and 30.3 (standard or par -three golf course) to construct a 10 foot by 36 foot addition to the existing clubhouse and kitchen area, and to construct a 30 foot by 40 foot storage garage on golf club property. The address of the property is 55 Hill Street. Millipore Corporation - finding and determination under Section 13, and other ap- plicable sections of the zoning by-law, that the proposed use of the premises at 35 Hartwell Avenue for the manufacture and/or assembly of laboratory apparatus will not result in detriment to the neighborhood. Millipore Corporation has an agreement to purchase the property. Brewster's Inc. - special permit under provisions of Sections 30.3 and 12.2, and other applicable sections of the zoning by-law, so as to allow for the construc- tion of a proposed addition to existing building at 903 Waltham Street. The pro- posed addition will be approximately 22'6" by 25'2" and will occupy the area at the ' northwesterly corner of the existing building, within the area now enclosed by a fence. The applicant is the owner of the premises. Richard R. Corazzini - renewal of a special permit for the retail sale of nursery products at 7 Blossom Street in accordance with the regulations set forth in the zoning by-law, section 24.5. The sales area will be in a portion of the existing building as shown on the plot plan submitted. Everett J. Tingley - special permit pursuant to Section 33 of the zoning by-law, to subdivide 28+ acres of land as a planned unit development. The land presently is owned by Trinity Covenant Church, is located at 44 Allen Street, and is the land shown on the Assessor's Map #16 as lot #53G. The petitioner, Everett J. Tingley, has an agreement to purchase all said land except that designated lot #4 on the plan submitted to the Board of Appeals and Planning Board, entitled "Blossom Hill Estates" drawn by Northeastern Engineering Associates of Burlington, Mass. It is proposed to divide the land into 26 building lots, one 4.5+ acre lot for the pre- sent church building, and 8+ acre lot to be dedicated to the Town ow Lexington for conservation purposes. The Board made the following decisions, all in open meeting with spectators remaining to hear the verdicts. Lexington Golf Club - granted unanimously. (plant quick growing shrubs for shield). Millipore Corp. - granted unanimously.("pad" location as corrected on plan). Brewster's (1) Inc. - granted unanimously, with conditions as follows: A fence shall be built from Concord Ave. to rear of parking lot. (2) No parking shall be allowed in residential area. (3) The disposal area shall be enclosed. (4) No extra -ordinary lighting shall be allowed. (5) There shall be adequate pick-up from the dumpster. Also see (6),(7),(8). Hearings, February 19, 1976 (continued) -2 Brewster's Inc. conditions (continued) ' (6) The premises shall be kept neat and clean. (7) A permit must be obtained from the building department. (8) Any other permits required by statute must be obtained. Corazzini Bros. - granted, on a vote of 4 to 1, Mrs. Morey voting in opposition, a special permit until September 1, 1976 for the retail sales of nursery products at 7 Blossom Street in the portion of existing building as shown on plan and in accordance with regulations set forth in 24.5. The following conditions are imposed: 1. The sales area will be limited to 5,000 sq. ft. 2. The hours of operation will be 9 a.m. to 5 p.m. on weekdays, 8 a.m. to 6 p.m. on Saturdays and no selling on Sundays. 3. There shall be no exterior lighting. 4. The only place open to the public will be the sales area. 5. Parking will be limited to 25 cars. 6. No customer's cars shall be parked on Blossom Street. 7. The parking area shall not be blacktopped. 8. There shall be no outside sales or storage of materials permitted. 9. Only items permitted under section 24.5 shall be sold, except Christmas trees and wreaths shall not be sold. 10. This permit is granted until September 1, 1976. 11. The area along Blossom Street along the buildings and where the parking lot will be, shall be put in a neat and clean condition no later than May 1st. and a line of shrubbery or low trees shall be planted along the side of the parking lot to act as a screen. Everett J. Tingley - petition granted unanimously, subject to the following con- ditions and the statement added below: 1. Three 10' strips between lots must be provided from the street to conser- vation land, and one bridle path 4' wide along the line between lot #4 and the rear of adjacent lots. 2. All unsubdivided land is to be conveyed to the Town of Lexington for con- servation purposes as provided in subsection 33.32 of zoning by-law. 3. All utilities shall be installed underground, including street light foundations with power in place. 4. A request for determination under the Wetlands Protection Act shall be submitted to the Conservation Commission (site plan showing contours), as some of the site may be subject to the Act. 5. All unsubdivided land shall be left in its natural state except that any holding area therein shall be planted and otherwise restored as far as ' possible to its natural state. 6. The basement floor elevations for all structures shall be at least four feet above the subsurface static water level and the surface high water Hearings, February 19, 1976 (continued) I"Tingley" continued: elevation anticipated during a fifty year storm. These levels must be determined by the developer and approved by the Town Engineer. 7. The petitioner must submit a definitive plan within one year from this date. (Approval granted February 19, 1976.) 8. Lots 20 through 26 appear to lie within the HUD flood hazard zone. If this is true flood insurance may be required. The Conservation Com- mission thinks this must be imposed but doesn't say whether on the developer or present owner. -3 9. Lots 23 and 24 are overdeep and oversize. Petitioner signified willing- ness to donate rear areas (not defined) to Conservation. The Board of Appeals approves the general concept of a planned unit develop- ment (PUD) in this area but has no proof that 26 conventional lots could be devel- oped because of the wet areas. We also feel that serious consideration should be given to a second access to the area due to overlong cul-de-sacs causing traffic danger and a safety hazard. We also comment on the last paragraph of the Planning Board letter approving the petition with conditions which we have imposed but con- cluding the purported approval by writing "The Planning Board previously disap- proved this subdivision on the basis of excessive length of the cul-de-sac and reserves the right to do so at the time of definitive subdivision plan action." Any other permits required by statute must be acquired and rules and regula- tions met. See permits for more details. All pertinent material is on file in the Board of Appeals' office. The meeting adjourned at 12:45 p.m. Respectfully submitted, (e Evelyn F. Cole Administrative Clerk BOARD OF APPEALS 1