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HomeMy WebLinkAbout1966-04-05BOARD OF APPEALS HEARINGS tApril 5, 1966 A regular meeting of the Board of Appeals was held on Tuesday, April 5, 1966, in the Selectmen"s Room, Town Office Building. Present were Chairman Nickerson, regular members Abbott, Hoyt, Sheldon and Wadsworth, and the secretary, Mrs. Macomber. At 7:30 p.m. the follow- ing petitions were heard: Athens Realty Trust - to vary the Lexington Sign By -Law in order to construct and erect two free-standing signs and.two directional signs on property at 32-44 Bedford St., Lexington. Alan G. and Rebecca W. Adams - to vary the,Lexington Zoning By - Law in order to erect a building at 9-11 Meriam St. which will have a five foot side yard on the northeasterly side abutting land in an R 1 District, instead of the required twenty foot side yard; and which will have no rear yard instead of the required ten foot rear yard. Mary J. Walsh Convalescent and Nursing Homes, Inc. - requested permission under Sec. 5(a)7.c. of the Zoning By -Law and also to vary Art. XI, Sec. 1 of the Building By -Law, to build a net 14 bed addition to the existing Fairlawn Nursing Home at 265 Lowell St. which would be of second class construction. ' Roberts & Roberts - requested a Finding and Determination that the proposed construction of an office and/or research building in Minute Man Research Development, Forbes Road, will constitute a desirable develop- ment, not detrimental to the area. John and Rosina Buss. - requested permission to continue operation of roadside stand at 52 Lowell St. At the close of the hearings,an executive session was held during which the following decisions were reached: Athens Realty Trust - denied Alan G. and Rebecca W. Adams - granted, with the condition that the alley between the Adams and the MacNeil buildings be blocked off at both ends either by walls or gates; and, if it becomes necessary, a question of "no parking" on the side of Depot Place should be considered. Roberts & Roberts - granted Mary J. Walsh Convalescent and Nursing Homes, Inc. - granted John and Rosina Buss, - denied All pertinent material with regard to the above petitions is on file in each individual folder. The meeting adjourned at 9:45 p.m. Louise M. Macomber, Clerk JOHN AND ROSINA BUSA April 5, 1966 Mr. Nickerson read the notice as it had appeared in the Lexington Minute -man of March 17 and 24, 1966, after which he asked if anyone wished to speak in favor. No one wished to speak in favor. When asked if there were objectors, Mr. Richard A. Meaney, attorney representing the Monahan family who resides across the street at 51 Lowell St., spoke as follows: Meaney: Mr. Nickerson, you have read the notice as published according to law. It would behoove the Board to take a look at the Permit as issued on March 31, 1964. I would like to quote from it: ". . . to continue to sell farm and nursery products raised on land owned by petitioners from packing room portion of farm buildings situated at 52 Lowell St. . -" I suggest that within the last two years the stand on the premises of the Busas is not located in the packing room portion of the farm buildings as presented by Mr. Busa at the hearing held March 1964, but the stand is now located and has been located in the garage adjacent to the packing room on said premises, therefore I would contend that for this first reason the Permit be not renewed. Mr. and Mrs. Busa have.not conducted themselves as to the specific terminology of the Permit. Second, here the notice.as published varies in, terminology from the notice which was published in. 1964. That notice referred to packing room portion whereas the notice this year doesn't refer to this terminology. I would question the fact that since the Permit was issued -in 1964 according to the amended Sec. 14 (f) of the Lexington Zoning By -Law for a two-year period, and since this terminated on March 31, why you are now sitting on a hearing for a renewal of said Permit. I would contend that this Permit expired and according to law Mr. and Mrs. Busa must now approach you people for a new Permit and not a continuation of that issued March 31, 1964. Specifically referring to the Permit which was granted, and which specifically refers to ten items which the Busa's must, in conducting their business, live up to, I would again like to point the Board's attention to several of the subsections. No. 3 specifically states that only one sign shall be used and that on the front of the building (the building refers to the packing portion), and shall read "Sun Valley Farm." I con- tend that the sign that now exists, a copy of which is attached to the affidavit, does not contain the words "Sun Valley Farm" but contains the words "Sun Valley Farms." This is only a technical difference of one letter "s" but you will have to agree that the law is very specific. I also contend, and my clients will contend, that during a portion of the year, namely the summer months, that various other signs are added refer- ring to vegetables that are for sale. Subsection 4 as typed on the form states that "no sign shall be located on Lowell St." Our clients contend that signs are located on Lowell St. during the summer months referring to the vegetables for sale.