Loading...
HomeMy WebLinkAbout1966-10-25BOARD OF APPEALS HEARINGS 1 October 25, 1966 A regular meeting of the Board of Appeals was held on Tuesday, October 25, 1966 in the Selectmen's Room, Town Office Building. Present were Chairman Pro Tem Lewis L. Hoyt acting in the absence of Mr. Nickerson; regular members Sheldon and Wadsworth; associate members Hamilton, Farwell and Dawes; and the secretary, Mrs. Macomber. The chairman called the hearings to order at 7:30 p.m. as follows: Follen Church - for permission to sell Christmas trees at 764 Massachusetts Ave. from December 9 through December 24, 1966. C. Bix Shoemaker - to vary the zoning by-law in order to build an addition to home at 5 Gerard Terrace, one corner of which would be 13'3" instead of the required 15' from the side line. Ruth Dalrymple - to vary the zoning by-law in order to erect a garage at 85 Winter St. which would have a 10' side yard instead of the required 15'. David Mullen (TV Lab) - to vary the Sign by-law in order to erect a sign o n the side of building at 403 Waltham St. which would be larger than that allowed. Richard J. Lawless - permission to replace under the Sign by-law the existing American Gas identification sign with a new Chrysler Corp, identification sign at 581 Marrett Rd. John and Rosins. Busa - permission to continue operation of roadside stand on the premises at 52 Lowell St., Lexington. Following the hearings an executive session was held dur- ing which the following decisions were made: Follen Church - granted. C. Bix Shoemaker - granted Ruth Dalrymple - granted David Mullen - denied Richard J. Lawless - denied John and Rosins. Buss, - granted, with the following conditions: 1. Sale of products shall be in conformity with Sec.14(f) of the Lex- ington Zoning By -Law. 2. This Permit shall expire on November 10, 1967. 3. Only one sign shall be used and that on the front of the building. The sign shall be no longer than 20' and no higher than 2', containing ' the words "Sun Valley Farms." 4. No sign shall be erected on Lowell St. 5. The stand shall be operated from 9:00 a.m. to 8:00 p.m. six days a week, and from 9:00 a.m. to 5:00 p.m. on Sunday. HEARING - JOHN AND ROSINA BUSA 1 October 25, 1966 Present: Chairman Hoyt (acting), regular members Wadsworth and Sheldon, associate members Farwell and Hamilton, and the secretary, Mrs. Macomber. Mr. Dawes was present but not acting on this petition. Chairman Hoyt opened the hearing at 8:10 by reading the notice as it had appeared in the Lexington Minute -man on October 6 and 13, 1966. Mr. Hoyt: We have had a number of hearings and granted them a number of times on this particular petition, so it is considerably "old hat." Some of these have run for an hour or more. We don't propose that this shall happen tonight. Anybody that has anything new or constructive to offer may do so but this Board is not going to listen to the same thing we have heard over the last number of hearings. If I shut it off don't be surprised because we don't want to go on and on as has been done previously. Mrs. Shirley Bayle, attorney representing the Busas: I shall try to be brief. I also had the pleasure of representing the Busas at the last hearing six months ago and I wish to say at that time the Busas presented a petition with 70 signatures in favor of the operation and in addition to those 70 signatures three people also spoke in favor. I say this only to point out that this is an advantage to the neighborhood and in ny way de- tracts from it. At the last hearing there was a great deal of criticism of the past. Mrs. Busa is a new operator of the stand - before that it had been operated by a son and now that she is in control her one interest is to make this an attractive addition to Lowell St. In accordance with her desire to do this she felt that the building presently being used as a farm stand was in many ways less attractive and perhaps inadequate. She therefore proposed when the selling season was over to build a new, modern and attractive farm stand. At.the last hearing plans had not "jelled" and it was stated that the building would be approximately 30 ft. x 30 ft. in the same location as the present building now stands. In accordance with your granting of the permit Mrs. Busa consulted with an architect who de- cided upon a 30 x 40 ft.. building. It was presented to the Building In- spector in this form. The Building Inspector pointed out that it should be no larger than 30 ft. x 30 ft. whereby I consulted the contractor, Mr. Alfred Buss, and we went and visited the Building Inspector and had a con- ference with him. At that time Mr. Buss said it would be no problem to cut it down to 26 ft. x 30 ft., or smaller than what had been talked about be- fore. These plans submitted to the Board are identical with those the Building Inspector now has except one end has been taken off and the windows would be placed a little differently to fit the new size. It is a farm stand like the others in Lexington, especially like the farm stand on Woburn St. which is of concrete block with an overhand and doors which raise up and down so is to cover everything at night. There is ample parking space for 20-40 cars if it is needed. The Busas propose to improve this parking space ' by paving an area which would make a comfortable space for 20 cars. They propose to tear down the building they are selling from and put this new building on the same spot. Hoyt: Will this be the same as now? 10-25-•66 -3- Permit. She says they have been displaying and selling tonic which is certainly not raised on the farm - also lighter fuel and charcoal. They have made signs saying "corn for sale" in violation of the Permit. They have kept the stand open beyond the hours allowed. We see the Permit calls for parking space for 20 cars. Because there hasn't been room for the cars people have parked in the street, and one knocked over her mail box. As to the latter, I submit a picture for your consideration.. We submit photographs of celery paper that has accrued since the Permit was issued. It shows pumpkins stored outside. They have left out baskets and boxes on the outside. It has been remarked that they propose to replace this building with a 75 ft, setback. I have a copy of the building plan and this building will set back 50 ft. from the street line. I.also-am informed there is a low area which cannot be filled because it is a drainage which goes through there and to fill it would interfere with the drainage. We think they have violated the terms of the Permit granted. To allow a new stand to increase the business and call this a farm stand is a misnomer. To operate as they have been would be no hardship. Paul Fulton said he lived in Lexington and was an attorney also, and he had been asked by Mr. and Mrs. Petringa of 60 Lowell St. to speak for them in opposition. He said their house was approximately 100 ft. from the driveway leading into this farm stand. If I follow Mrs. Bayle the parking area they intend to pave would be up against the Petringa's lot. They did not object when the roadside stand first began operating. At that time the purpose was to sell flowers. On that basis they did not object. As you know it has turned out to be a full-fledged vegetable stand. The Petringas have gone along over the years with the understanding that the operation would remain as is until the farm ladn was developed, at which time the stand would become a thing of the past. But now the operation is to be enlarged and to become more commercial as a result. Hoyt: It is not the intention of this Board that this will be a larger operation than it is now. This would be a more modern type of building but it is not our intention to makethisa much larger operation. Mrs. Bayle was using the words "more attractive" and "more modern." Yoy may be get- ting into dangerous territory. Fulton: Would the Board make it a condition that the building would be placed on the same spot? Hoyt: We already have. Are you recording the Petringas as objecting? Fulton: Yes. Stanley Marshman: I have not appeared before because I have not been in a position to object. I know some of the Buss. family and have had very pleasant relations with them which I expect to continue. I did not see any reason to object when they were operating a small stand. I was of the opinion that when the immediate family ceased to operate the stand it would turn into a residential area as many farms do when they cease to operate. Other members have been imported from Italy and if it means a continuation of the stand and expansion in the future I have a question as to what will come to the neighborhood. It is a country neighborhood and we have some newer houses and some of the older ones. We both like this because of the