1976-01-08 - Laserfiche WebLink

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January 8, 1976 -2 for the subsidized housing project was held in October, 1975. Members of the Board, however, reason that Board members and Justice Cross were both aware of the 1974 determination of "no impact" but nonetheless made their 1975 approval subject to and conditional upon compliance with the state's environmental protection act. The Board's position is that the intent of this condition was to require a new environmental impact statement, thereby giving the public its first and only opportunity to respond to the plans from an environmental standpoint. Certain Board members feel that public input could even be assured, if the Planning Office would simply resubmit its 1974 determination of "no impact". This entire meeting was public and reported in the Lexington Minute -Man newspaper. The Board is expected to discuss the matter further with Town Counsel. At approximately 8:05 p.m. Town Counsel and Building Commissioner and others left the meeting room and the regularly scheduled hearings were held. Regularly scheduled hearings: Present and acting on the public open hearings scheduled for January 8, hearings which were duly advertised as required by law and notices mailed as specified in the law, were: Chairman Nickerson, Vice -Chairman Wadsworth, W. M. Brodhead, H. W. Reed and R. Cataldo. ' David G. Ahern - Petition was withdrawn by letter from the petitioner after it had been advertised, etc. as follows: "David G. Ahern for variances of the zoning by-law to construct a garage at 26 Dewey Road with a 17 foot setback and a 5 foot sideyard." All who had been notified of the hearing were notified that it was withdrawn. Alden L. Webster and Judith A. Webster - permission to vary the zoning by-law so as to maintain the existing non -conforming dwelling with its easterly side yard of 8.80 ft. to 9.26 ft. and front yard of 15 ft. on the property known as 113 North Street, and to construct a proposed extension of said dwelling con- tinuing the non -conforming easterly side yard ranging from 8.42 ft. to 9.26 ft. reduced by the proposed roof overhang of up to 1.5 ft., all as shown on plans submitted to the Board of Appeals. Christos Kontos - special permit under Section 25.69, pursuant to Section 12.2, to operate a restaurant at One Meriam Street, in the Giroux Building, Store Number 5. The petitioner has an option on this space with Minute Man Park Realty Trust, Ernest A. and Chadwick A. Giroux, Trustees, for the period re- quired to obtain the special permit herein requested. Joel G. Berman - variance in the required setback between an RS Zone and a CB Zone which under Section 27 of the Lexington Zoning By-law, Schedule of Dimen- sional Controls, is required to be 20 ft. In the case under petition the act- ual setbacks are 10.6 ft. at the nearest point and 16.8 ft. at the farthest point from the property line. These distances relate to a new addition being ' added to the Berman Liquor Mart, 55 Massachusetts Avenue. The existing premises consist of a lot of 30,432 (plus or minus) square feet totally within the CB or Central Business Zone. The rear lot line for a distance of 225 feet (plus or minus) is the southerly boundary of the Boston and Maine Railroad right-of- way. However, the Boston and Maine right-of-way is in an RS Zone. The pro- posed addition will meet the building code and zoning requirements in all