HomeMy WebLinkAbout05-27-04.pdf BOARD OF APPEALS
Minutes of Meeting, May 27, 2004
Judith J Uhrig, Chair
Arthur C Smith, Vice-chair, Acting Clerk
Nyles N Barnert
Maura Sheehan
Carolyn Wilson(for John McWeeney)
1. An appeal of the decision of the Zoning Enforcement Officer that Lot 76 at 0 Fern
Street has been combined with another lot and therefore is not grandfathered
Ernest C Smith Trust and Martha C Smith Trust
The Chair read the legal notices and noted that the Board has received an application,
nature and justification for the request, a plot plan, and two letters from Atty Grant
providing a history of the parcel and an argument for allowing the lot to be grandfathered
The Conservation Commission commented that if building is allowed on this lot, runoff
should be mitigated The Planning Board recommended that the decision of the Zoning
Enforcement Officer should be upheld
Attorney Ed Grant reviewed the history of lot B (also known as Parcel 76 at 0 Fern
Street), noting that it was a conforming lot until 1938 when it became legally non-
conforming The Smiths bought the adjoining lot C in 1946 together with the existing
house They then bought lot B in 1952 The two lots have been taxed as separate lots
since that time. Atty. Grant maintained that the Smiths intended to keep the lots separate
He noted as evidence the physical condition of lot B as an overgrown vacant lot and the
fact that when they conveyed these lots to their trusts, they did so by separate deeds He
argued that the question of combination of adjoining lots in common ownership should
be decided on the facts of the case in each instance He stated that fairness dictates that
the Board reverse the Zoning Enforcement Officer's decision that the lots had been
combined
In response to a question from the Board, he noted that the setback for the house on lot C
was sufficient and lot B was not necessary to provide conformity He argued that the
Planning Board was incorrect in stating that case law upheld the Zoning Enforcement
Officer's decision
Helen Jensen, 46 Fern Street, an owner of lots D and E, questioned the intent of the
Smiths in purchasing and conveying this lot
No one spoke in favor.
George Silverman, 29 Fern Street, noted that most of the lots in this area were much
larger than the lot in question and urged that the Board consider that in making its
decision Richard Jensen , 46 Fern Street, argued that a house on this lot would not fit the
neighborhood
ACTION A motion (by Sheehan, seconded by Barnert)to reverse the decision of the
Zoning Enforcement Officer and therefore rule that the two lots have not been combined
and that Lot 76 remains a grandfathered lot was approved unanimously
2 (a) Special Permit to allow an ice cream store at 1752 Massachusetts Avenue
(b) Special Permit to provide an exception to the parking regulations
Joe Rancatore for Rancatore's Ice Cream
The Chair read the legal notices and noted that the Board has received an application,
nature and justification of the request, a revised floor plan and a revised parking plan
The Board of Health will need to approve the final plan The Planning Board noted that
more information was required regarding parking and recommended that the decision be
postponed pending the receipt of more information
Mr Rancatore presented his plan for an ice cream store at 1752 Massachusetts Avenue,
noting the success of his current store in Belmont He intends to provide a premium
product and a well-run store He expects to offer excellent employment opportunities for
students during the school and in the summer He noted his many contributions to
community events in Lexington
He has negotiated a lease with the Battle Green Inn to provide 3 parking spaces for
employees. These, together with the 5 grandfathered spaces which the location already
possesses will provide the 8 spaces required for his operation
In response to questions from the Board, he noted that the main entrance will be on
Waltham Street in the revised plan, that he intends to add window boxes to restore the
former attractive extenor of the building and that he would be happy to supply and
maintain trash barrels on Massachusetts Avenue and Waltham Street He will have 2 or 3
employees dunng the day and 3 or 4 at night He is requesting hours of operation from
10 a.m. to 11 p.m., 7 days a week.
Dawn McKenna, 9 Hancock St , noted that the Historic Districts Commission has been
reluctant to grant permits for trash barrels Fred Johnson, 4 Stetson Road, a member of
the Lexington Center Committee, spoke in favor of the request Several other Lexington
residents spoke in favor, noting the excellence of his product, the benefit to the town of
having this establishment and his generous contributions to the community
No one spoke against the request.
ACTION•
(a) A motion(by Barnert, seconded by Sheehan) to grant the Special Permit for an ice
cream store at 1752 Massachusetts Avenue, subject to the conditions below was approved
unanimously. The conditions are.
i Hours of operation will be from 10 a m to 11 p m , 7 days a week
ii The applicant will apply to the Historic Districts Commission for a permit
to install two trash barrels, one on Massachusetts Avenue and one on
Waltham Street
in. The applicant will plant and maintain window boxes which have been
designed to restore the boxes that were previously in place
iv The permit will expire June 30, 2005
(b) A motion(Barnert, seconded by Wilson) to accept the parking plan as submitted and
grant the requested Special Permit was approved unanimously