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HomeMy WebLinkAbout1978-04-10-BOS-min 906 SELECTMEN'S MEETING April 10, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 10, 1978 at 7 30 p m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Nancy Banks, Assistant to the Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Appointments Chairman Battin requested that appointments be made to the Historic Historic Districts Commission and the Associate Membership The terms of Mr Districts Packard and Ms Harkness have expired and it is recommended that they be Commission re-appointed The Historical Society has submitted the recommendation that Mr John L. Davies (current Associate Member) be appointed a regular member, and Mr Richard S Morehouse be appointed an Associate Member, to fill the unexpired term of Mr Davies Upon motion duly made and seconded, it was voted to appoint the fol- lowing members of the Historic Districts Commission and Associate Member- ship Commission Membership Re-appoint Term Expiring John R. Packard (Historical Society) January 1, 1983 Appoint John L Davies (Historical Society) January 1, 1981 Moved up from Associate Membership to fill Mrs Samoylenko's Term. Associate Membership Re-appoint Sarah P Harkness (Library Trustee) January 1, 1983 Appoint Richard S Morehouse (Historical Society) To fill Mr Davies' Term January 1, 1979 Sewer Chairman Battin read a request from Attorney Patricia Hagedorn for Moratorium- a determination on the applicability of the sewer moratorium on Lot 14, Building Permit Winter Street Winter St It was the recommendation of Town Counsel that the request be de- nied because there were questions relating to the legal status of the lot and whether it was buildable under the zoning by-laws, and those questions were not resolved until after the sewer moratorium went into effect on November 7, 1978 907 Selectmen's Meeting -2- April 10, 1978 The Board of Selectmen decided that since the application had in fact been submitted prior to the date of the moratorium and, in view of the fact that it has now been ruled that the lot is in. eoiiance with the zoning by-law, the Board agreed that the sewer moratorium did not apply to the building permit request submitted on Lot 14 on Winter Street Upon motion duly made and seconded, it was voted that the sewer moratorium did not apply to the building permit request submitted by Attorney Patricia K. Hagedorn on Lot 14 on Winter Street Chairman Battin read a request for the use of the Battle Green Permit- Upon motion duly made and seconded, it was voted to grant permis- Battle Green sion to Cub Scout Pack 120 to use the Battle Green on Wednesday, April 19, ],978, from 7 00 p m. to 7 30 p.m for a reenactment of the Battle of Lexington, subject to the condition that it be conducted under the supervision of the Town Manager and the Chief of Police Chairman Battin read a letter from the Masterworks Chorale re- Auction- questing permission to conduct an auction on May 6, 1978, from 12 00 Masterworks Noon to 5 00 p.m and approval of the distribution of fliers and a sandwich-type sign in the Center area on that day Also, Board members were invited to be guest auctioneers Upon motion duly made and seconded, it was voted to grant permis- sion to the Masterworks Chorale to conduct an auction, with a licensed Lexington auctioneer present, at the First Parish Church on Saturday, May 6, 1978, from 12 00 Noon to 5 00 p.m , to approve the distribution of fliers and for a member to wear a sandwich-type sign in the Center area on that day Mr Busa and Mr Kent agreed to participate as guest auctioneers Chairman Battin read a request for approval of an address for a Certificate Corporation, of Incorp Upon motion duly made and seconded, it was voted to approve the request from Secreatary Guzzi for a mail drop located at 23 Middle Street for the Lexington Little League, Inc Chairman Battin read a request for a change in opening hours on Liquor- Sunday from 1 00 p m. to 11 00 a m for the purpose of serving Sunday Lee Ann's brunch at Lee Ann's Restaurant Restaurant Upon motion duly made and seconded, it was voted to approve the Hours request of Attorney Stephen Russian for permission to extend the hours of operation under the Common Victualler All Alcoholic Beverages license from 1 00 p m. to 11 00 a m on Sundays for the purpose of serving Sunday brunch at Lee Ann's Restaurant Chairman Battin read a request from the Elks Lodge for an exten- sion of hours on holidays Club Upon motion duly made and seconded, it was voted to approve the Holiday Hours request of the Lexington Lodge of Elks No 2204 for an extension of hours under the Club liquor license to 1 00 p m on the following holidays: vos Selectmen's Meeting -3- April 10, 1978 April 17, May 29, July 4, September 4, October 9, 1978 and January 1, 1979 Resignation- The Board briefly discussed a letter from Mr Frank Sandy stating Sanitary Land- his personal feelings about the sanitary landfill prooedures and sub- fill Adv Comm mitted his resignation as Chairman and member of the Sanitary Landfill Advisory Committee The Board acknowledged Mr Sandy's resignation, subject to further discussion Upon motion duly made and seconded, it was voted to accept the resignation of Mr Frank Sandy as Chairman and a member of the Sanitary Landfill Advisory Committee Auctioneer Chairman Battin read an application for an Auctioneer's license Upon motion duly made and seconded, it was voted to sign the Auctioneer's license for Mr Robert P Fenochetti, 53 Reed Street, expiring March 31, 1979 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meetings held on March 27-A.M & P.M , March 29, April 3, and April 5, 1978 Dogs The Board agreed to make a determination on April 12, concerning the Fallavollita/Martin dog hearing held on April 5, 1978 Wild Acre Mr Hutchinson recommended that the Board authorize Dr Bernard Water Line Yudowitz, owner of Wild Acre Inn located at 50 Percy Road, to install a new 4" water line for fire protection purposes Plans have been re- viewed and accepted by the Director of Public Works/Engineering, sub- ject to one condition This work would be done at the owner's expense Mr Busa said that it is his understanding that a 6" water line is required for a sprinkler system but he had no objection if the 4" line was approved by the Public Works Department Mr Hutchinson agreed to talk with Public Works and resolve the matter Upon motion duly made and seconded, it was voted to authorize Dr. Bernard Yudowitz to install a 4" water line for fire protection at the Wild Acre Inn, 50 Percy Road, at the owner's expense, subject to the condition that the contractor shall supply one 12" x 14" tapping sleeve and valve, and one length of 4" ductile iron pipe to be installed by the Town at the contractor's expense Hancock School Mr Cohen requested the Board to sign the Special Permit for the Special Permit conversion of the Hancock School Upon motion duly made and seconded it was voted to sign the Special Permit under Section 28 of the Lexington Zoning By-Laws to Sydney & Noyes Associates, One Lincoln Street, Newton, for the conversion of the former Hancock School into 18 condominium units 209 FINDINGS AND DECISION Selectmen's Meeting April 10, 1978 Pursuant to Zoning Bay-Law Sections 28, 13 and 12 2 After site plan review under Section 13, consideration of recommendations from the Planning Board, Director or Public Works and Engineering and the Board of Health and in accordance with Section 12 2, the Board of Selectmen finds 1 If the proposed conversion is carried out in conformance with the development proposal approved by the Town Meeting on December 7, 1977 (which proposal is in- corporated herein by reference) , with such minor deviations as are shown on the plans submitted with the Application for Special Permit, which plans conform sub- stantially to the development proposal approved by the Town Meeting, such conversion will constitute a suitable development and will not result in substantial detriment to the neighborhood 2 The proposed conversion will be a practical residential development, compatible with the neighborhood and will create in the neighborhood economically priced and a variety of housing 3 The public welfare and convenience will be substantially served by the granting of the special permit 4. The requested permit will not tend to impair the status of the neighborhood 5 The requested permit is for a use in harmony with the general purpose and intent of the Zoning By-Law 6 Pursuant to G L c 40A, s 6, the proposed conversion of the Hancock School Building will not be substantially more detrimental than the existing nonconforming use to the neighborhood GRANTED, unanimously,a special permit pursuant to said sections, subject to the following conditions 1 All work required hereunder shall be promptly begun and diligently prosecuted to completion and shall be undertaken in accordance with the development proposal approved by the Town Meeting on December 7, 1977 2 All drainage from proposed parking areas shall be intercepted on site and dis- posed of in the municipal drainage system 3 All rubbish, trash and debris created by construction work shall be stored, handled and/or disposed of in a sanitary manner Rubbish, trash and debris shall not be disposed of by burning or burying on site 4. After completion of the conversion of the School to condominium units, the owner of the building shall provide, in accordance with Board of Health regulations, as many receptacles as are necessary for the storage of garbage and rubbish to con- tain the accumulations of garbage and rubbish before final collection or ultimate disposal These containers shall be located so that they are convenient to the occupants and so that no objectionable odors or conditions are created by the means of storage A wooden fence six feet high shall be erected around the containers and access to the containers shall be by means of a gate in said fence 910 Selectmen's Meeting -4- April 10, 1978 5 Garbage and rubbish to be disposed of in the Lexington Sanitary Landfill facility shall be separated as required by landfill regulations 6 The developer shall spend at least $25,000 on plants, trees, shrubs and general landscaping of the site in accordance with the terms of a letter dated April 3, 1978, from Sydney & Noyes Associates to Mr Al Busa (Alfred S Busa) The developer shall post a bond in the sum of $25,000 to secure the due performance by it of its obligations hereunder, and such bond shall be released only with the written approval of Emanuele Coscia, Jr , Manager of Planning and Administration of the Town of Lexington 7 Neither the special permit hereby granted nor any rights thereunder shall be assignable (except to purchasers of the condominiums and lenders to the developer or to such purchasers for the purpose of such purchase) prior to the completion of all work This permit will lapse on March 13, 1980, if action is not taken under it and if all work is not done by said date Copies of this decision have been filed with the Planning Board and Town Clerk Before acting on this permit, it will be necessary to secure permits from the Building and Inspection Department In accordance with State law, before this permit becomes effective, a copy ' hereof must be recorded at the Registry of Deeds by the petitioners The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing-,in- cluding that herein summarized, and directs that this record immediately follow- ing this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest Upon motion duly made and seconded, it was voted to adjourn at 7 56 p m. A true record Attest. . c Executive Clerk, Selectmen