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HomeMy WebLinkAbout1967-05-23 BOARD OF APPEALS HEARINGS May 23, 1967 A regular meeting of the Board of Appeals was held on Tuesday, May 23, 1967, in the Selectmen's Room, Town Office B uilding Present were Chairman Nickerson and regular members Dawes, Abbott, Sheldon and Wadsworth, and the secretary, Mrs Macomber Hearings were called to order at 7 30 p m as follows Viola T Norlin - for permission to operate the Lexington Manor Nursery School for four-year-olds for the coming year at her home, 118 B urlington St Mark Moores. Jr - to vary the Lexington Zoning By-Law in order to construct a house on Lot C, Tavern Lane which has insufficient frontage Garry J and Mary R. Margolius - to divide Lot 196A at the inter- section of Weston St and Shade St into two lots, neither of which would have the required area and frontage Thomas F and Patricia J Connors - to maintain house at 119 Lowell St on Lot 43A which has frontage on Lowell St of 141 52 feet and an area of 13,790 sq ft Ray Howland, Jr - for permission to construct and operate a nurs- ing home on a parcel of land situated on Bryant Rd and Emerson Rd as shown on a plan filed with petition Alan H Barrett - to construct an extension to attached garage at 3 Dane Rd which would have a 12' side yard instead of the required 15 ft Following the hearings an executive session was held during which the following decisions were made Viola T Norlin - granted Mark Moore, Jr - granted Garry J and Mary R Margolius - granted Thomas F and Patricia J Connors - granted Ray Howland, Jr - granted Alan H Barrett appeared at the office on May 23 and requested verbally that his petition be withdrawn At this time the Board by unanimous vote adopted the set of Rules and Regulations which had been approved by Town Counsel and which are attached herewith The meeting adjourned at 10 15 p.m //k-LZ.e' ; he Louise M Macomber, Clerk `}� .1N . 1 Date Lexington Board of AppealsitZ Town Office ,... 4. / Lexington, Mass III Gentlemen The undersigned hereby petitions the Lexington Board of Appeals, appointed under the General Laws, Chapter 40A, Sections 13 to 19 as amended, I Signature Address: Phone This is to inform you that BEFORE THIS PETITION IS ADVERTISED there must be in our office ALL material required by the Rules and Regulations of the Board of Appeals attached herewith. 1 Fee of $20 must be paid. 2 Address of the property involved must be specified by STREET and NUMBER. LOT NUMBER is NOT sufficient 3 In the case of signs, submit an exact drawing showing the size, lettering and LOCATION of the item desired 4 In most cases the owner must apply. If you are not the owner state whether you have an option to buy, lease, etc. ADVICE TO PETITIONERS Inasmuch as your neighbors will be individually notified of 1 your petition, it may be wise for you to discuss the matter with them before the hear- ing Unless the petitioner or a representative ATTENDS THE HEARING, the petition will be DENIED • RULES AND REGULATIONS 11 ,,: TOWN OF LEXINGTON of the I `I ; Town Office Building BOARD OF APPEALS +-.Of LEXINGTON MASSACHUSETTS ..�o 1. The Board of Appeals operates under the authority of Article IX of the General By-Laws of the Town of Lexington, and Chapters 40A and 41 of the General Laws of the Commonwealth of Massachusetts. It also has jurisdiction in the area of Zoning By-Laws, Building By-Laws, and Sign By-Laws. 2 Public meetings of the Board shall be held at the call of the Chairman. Public hearings are scheduled at the call of the Chairman. 3. Every application for a hearing shall be on a form provided by the Beard of Appeals, shall state clearly the relief sought, shall identify the property and shall specify whether it constitutes a request for a special permit, vari- ance, finding and determination, or an appeal from an administrative decision. The form must be filled out completely. 4. Petitions shall be submitted as follows: a. If an appeal from administrative decision of a direct application for variance, exception or special permit, the application shall be submitted in duplicate to the Clerk of the Board of Appeals. b If an application for a finding and determination on a site plan, it should be filed in triplicate including three copies of all plans with the Clerk of the Board of Appeals in accordance with Section 5 of the Lexington Zoning By-Laws, and numbers 11 and 12 of these Rules of Board of Appeals. 5. In all cases a check in the amount of $20 payable to the Town of Lexington to cover the cost of the hearing shall be delivered with the application to the Clerk of the Board of Appeals. 111 6. The Board of Appeals will publish a notice of the hearing in a newspaper of general circulation in the Town of Lexington and will send notices to the Petitioner and to those owners of the surrounding property who, in the opinion of the Board, are deemed to be particularly affected. The Planning Board, the Building Inspector, and any other administrative department whose decision is being appealed or who has interest in the matter will also be notified. Be- tween the date of first publication of the hearing and the date of the hearing there shall be an interval of at least fourteen (14) and not more than thirty- one (31) days. 7. The Petitioner shall produce at the hearing all records, including deeds, plot plans, etc. , bearing upon the lot or lots for which a determination is desired. The Board may retain any record or plot plan which has been introduced in evidence, for reference in the consideration of the case. 8 The format of the Board of Appeals hearing will be as follows: a. The Chairman will read the notice as it was published. b. The Petitioner shall present his case directly or through a representative. c The Chairman will question the Petitioner. d. The Chairman will ask the Board if they have any further questions not covered by him. e. The Chairman will ask if anyone wishes to speak in favor of the petition. f The Chairman will ask for those who wish to speak in opposition to the petition g The meeting on this petition will be adjourned and the Board will take it under advisement. 9. The decision of the Board shall be made within ninety (90) days from date of filing with the Board The Board shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question, or, • Rules and Regulations -2- if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decision, and of its other official actions, copies of all of which shall be immediately filed with the office of the Town Clerk and shall be a public record, and notice of decisions shall be mailed forthwith to parties interested. 10 A limited or conditional zoning variance or special permit shall not take effect until the petitioner has recorded in the Middlesex Registry of Deeds a notice certified by the Chairman or the Clerk of the Board of Appeals, contain- ing the name and address of the land owner, identifying the land affected, and stating that a limited or conditional variance or special permit has been granted which is set forth in the decision of the Board on file in the office of the Town Clerk. 11 The following additional stipulations shall apply to all cases involving site plan approval by the Board of Appeals a The plan shall be submitted in accordance with the procedures set forth in Sec 5 of the Lexington Zoning By-Law b The plan shall delineate all features required by Section 5 of this Zoning By-Law c The plan shall be drawn by a registered professional engineer or landscape architect and be based on applicable deeds or plans recorded in the Middle- sex Registry of Deeds and shown on the plan. Any inconsistency or ambiguity in the deeds or plans shall be referred for ruling to the Town Counsel or to counsel designated and retained by the Board of Appeals at the expense of the petitioner d The scale of a plan of an overall tract may be no smaller than 1 inch equals 40 feet The site plan shall be accompanied by a plan or plans no smaller than 1 inch equals 20 feet depicting each structure and its surroundings with the detail prescribed in Rule 11(b) above. The floor area of each floor of each structure shall be calculated The plans shall show clearly the number of parking spaces, driveways, drainage and provision for sewage. e Site plans shall be accompanied by a written report of the Lexington Health Department and the Town Engineer certifying the adequacy of provisions for the disposal of sewage, surface water, and any other waste incident to the proposed use This report shall be based on test borings, percolation tests or other substantial findings and shall be subject to review and acceptance by the Board The Town Engineer's report shall also certify as to adequacy of driveways and parking f If the plan is submitted in multiple sheets, each sheet shall be identified to show its relation to the whole; e g. , "sheet 2 of 4," etc g Each sheet of the plan shall bear a legend stating its purport, the names of the owner and petitioner, the name of the engineer who made the plan with his registration number, the scale, and the date. 12 Within three (3) working days of the filing of an application for a finding and determination on a site plan, the Board of Appeals will transmit two (2) copies of the application and accompanying plans to the Planning Board The Planning Board shall consider same and submit a final report thereon with recommendations to the Board of Appeals within 30 days The Board of Appeals will hold a public hearing and take final action within forty-five (45) days after the filing of such application These Rules and Regulations adopted on May 23, 1967