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Home My WebLink About1977-03-031 1 n �J BOARD OF APPEALS March 3, 1977 The Board of Appeals held a regular meeting on Thursday, March 3, 1977, beginning at 7:30 p.m., in the Town Office Building, Selectmen's Meeting Room. Present:! George P. Wadsworth, Chairman Ruth Morey, Vice Chairman Woodruff M. Brodhead Thomas G. Taylor Natalie H. Riffin, Associate Public hearings were held on the following petitions, notices of the hearings having bieen mailed and hearings advertised in the Lexington Minute -Man newspaper as required by statute. John and[Rosina Busa - special permit renewal to continue operation of a roadside stand (pursuant to Section 25.33) and to sell Christmas trees and wreaths during the appropriate season (pursuant to section 25.34) on the premises at 52 Lowell Street, known as Sun Valley Farms. Ralph D.[Cataldo and Elizabeth F. Cataldo - variance under Section 27, and other applicaba provisions of the zoning by-law, to allow for the combination of six lots on ottler Avenue and Bow Street into three legal building lots as shown on a plan submitted to the Board. The address of the property is 82 Fouler Avenue. Alexios kanagiotou - to expand the present facility, Alexander's Pizza, 180 Bedford Street to include 178 Bedford Street and to add tables and chairs or booths for customero to eat on the premises. The premises are located in the CN (neighborhood business) district. According to the zoning by-law, section 25.69, restaurants may NOT be granted a special permit (SP) in a CN district. This would be a variance of the zoning by-law. Robert !� Howard, Jr. and Margery H. Howard - to vary section 25 of the zoning by- law so ae to permit the premises at 82 Waltham Street to be used for professional and general office uses while essentially maintaining the residential character of the structures thereon (by making no major external changes to buildings). DECISIONS: The Board made the following decisions, all in open meeting. See decisions filed with the Town Clerk and in Board of Appeals' files for more details. Busa - granted unanimously, subject to conditions. Cataldo - granted unanimously the following: (The following details are included because the wording differs from the request.) 1. ,'The transfer of a portion of each of the lots, 23 and 24, to be added to (Lots 75 and 76, thus giving the existing house on the combined lots 75 and'76 the required easterly side yard and resulting in a total lot area of 8,180 square feet for the new lot with the existing house. 2. The combination of the remaining area of lots 23 and 24, after the trahsfer (described in no. 1 above) into one new lot with total area of 5,3(LO square feet and frontage of 70 feet on Bow Street, making a new building lot with frontage on an accepted street. 3. iThe garage shown straddling the lot line between lots 76 and 24, shown on the proposed plan dated 9/15/76, must be removed. Board of Appeals March 3, 1977 hearings (continued) 1% ' 4. ; Plans for lots 73 and 74 to be withdrawn from this petition at this time. All of the above shall be in accordance with Plan (3), listed on page one of this permit for variance and described as "Plan dated September 15, 1976, Plan of Proposed Lotting Land in Lexington, Mass. by Miller and Nylander, Engineers and; Surveyors." They granting of this permit for variance does not exempt the petitioners from obtaining any other permit which might be required by statute. h ThiO variance must be recorded at the Registry of Deeds. Panagiotbu - denied unanimously. Howard -',denied unanimously. Other Board action: The,,Board discussed a letter from Dean E. Nicholson, attorney for Lexington Enterpri4es, Inc., d/b/a Peking Garden Restaurant, 27 Waltham Street, letter dated February25, 1977 and petition for reconsideration of the Board of Appeals' denial decisions filed with the Town Clerk on February 7, 1977. The',Board agreed by unanimous vote to write to the Planning Board in regard to rehearing Lexington Enterprises, Inc.'s petition using the following language: ' "We,are trying to make a decision as to whether we will or will not hear this petition a second time. Since the Planning Board made no comment at theprevious hearing held January 27, 1977 and since your letter of Feb. 15, 1977*was sent to us before we received the second petition and new plans, we Mould like to have your reasons as to why you would consent to a rehearing. You# reasons will help us immeasurably in arriving at a decision as to whether or slot we will decide to hear this second petition "within the two years after date of unfavorable action." The Board of Appeals will be making its decision, hop®fully, on Thursday, March 10, 1977 at a meeting at 8:00 p.m. in the Select- men Ms Meeting Room." Thelmeeting adjourned at 10:40 p.m. Respectfully submitted, Evelyn F. Cole Administrative Clerk i (*Please ';See copy of 2/15 letter from Planning Board following these minutes.) I� d 1 7 JS NO4Nly A COPY OF PLANNING BOARD LETTER - 2/15/77 ° y Town of Lexington, Massachusetts l< x 4 3 3 PLANNING BOARD Kenneth G. Briggs February 15, 1977 TOWN OFFICE BUILDING Planning Director Lexington, MA 02173 617/862-0500/f t. 24 Dr.' George P. Wadsworth, Chairman Board of Appeals Lexington, Massachusetts RE: Lexington Enterprises, Inca Peking Garden Restaurant - Dear Dr: Wadsworth: At its meetings on February 7, and February 14, 1977, the Planning Board Reviewed the proposal of Lexington Enterprises, Inc. to expand the Peking Garden Restaurant at 27 Waltham Street, by using the adjacent premises at 31 Waltham as part of its restaurant facilities. It was noted that Lexington Enterprises, Inc., on January 27, x.977, had unsuccesfully petitioned the Board of Appeals for a special permit concerning the same matter. It was unanimously voted by the four Planning Board members present at the meeting of February 14, 1977, that Lexington Enterprises, Inc. be allowed to re -petition the Board of Appeals i on the abovementioned proposal. The Planning Board will be evaluating its position, based on additional information and revised plans to be submitte5y to the Board of Appeals by the petitioner, and will report to the 'Board of Appeals on its recommendations. Sincerely r Planning Director KGB:ms