1975-02-13 - Laserfiche WebLink

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BOARD OF APPEALS HEARINGS IFebruary 13, 1975 A regular meeting of the Lexington Board of Appeals was held on Thursday, February 13, 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 as follow: Vice Chairman, Acting Chairman George P. Wadsworth; regular members: Woodruff M. Brodhead; Logan Clarke, Jr.; Ruth Morey; and associate member Thomas G. Taylor. Also present were: a Minute -Man reporter, LWV Observer and a room full of townspeople. Public hearings were held on the following petitions, notice having been mailed to those who should legally receive them and to town boards and offi- cials who will or might be affected by decisions made and also advertised in the Lexington Minute -Man newspaper. John and Rosins Busa - special permit renewal to continue operation of a road- side 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. Harold R. and Helen M. Millican - special permit renewal pursuant to sections 12.2 and 25.21 to continue to operate a private school for the instruction and study of swimming, in the private swimming pool enclosure in the rear of their ' property at 90 Hancock Street, during the months of April through October of each year, during the hours of 9 a.m. to 6 p.m. on Mondays through Fridays. Manuel G. Rose, Jr. - request for a variance changed to a special permit to allow for the continuation of the operation of a shop for light repairs to vehicles and ornamental welding at 748 Waltham Street. This shop has been operated by the petitioner and his family since 1927. The premises are owned by the petitioner. (Note: The Board decided to consider this request under section 25.94. See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 553. Section 25.94 allows the Board to grant a special permit for temporary use not conforming to the zoning by-law, subject to conditions for the protection of the community.) Barry S. Bonnell - temporary special permit pursuant to section 25.81 (use of a dwelling as an office by a physician, dentist or other professional person residing in the dwelling incidental to such residence) at 34 Spring Street. The petitioner states "it is our desire to use my residence to complete my work as an illustrating artist of childrens' text books. The books pres- ently under contract require me to meet deadlines by June of 1975. In order to do so, I require the assistance of two other artists who are presently working with me." (Note: The Board of Appeals decided to consider the petition under Section 25.94, special permit for temporary use not conforming to this By -Law subject ' to conditions for the protection of the community. See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 553.) The Board had difficulty classify- ing Bonnell as professional as that term is used in section 25.81 to refer to physicians, dentists, etc.