HomeMy WebLinkAbout1967-10-31J
BOARD OF APPEALS
October 31, 1967
A regular meeting of the Board of Appeals was held on Tuesday,
October 31, 1967 in the Selectmen's Room, Town Office Building. Present
were Chairman Nickerson, regular members Abbott, Dawes, Sheldon, Wadsworth
and the secretary, Mrs. Macomber. At 7:30 p.m. the hearings were called
to order as follows:
Follen Church Societe - for permission to sell Christmas trees
at 764 Massachusetts Ave., Lexington- December 8 through December 23,
1967.
John and Rosina Busa - for permission to continue operation of
a roadside stand on the premises at 52 Lowell St., Lexington.
Sacred Heart Parish, by Carlo C. Severo, Agent - for permission
to erect a free standing wooden sign of Colonial design, approx. 6' x 3',
to be located in front of the Parish Center at the intersection of Follen
Rd. and Massachusetts Ave.
Robert B. and Mary A. Newman - to vary the Lexington Zoning
By -Law in order to maintain an existing garage at 17 Moon Hill Road,
Lexington, the roof and overhang of which has insufficient side and front
setback.
Bruce C. McGee - for permission to continue the operation of a
linoleum business with additional office space for rental purposes
within the main building at 703-705 Massachusetts Ave., Lexington.
Busa Realer Trust, Alfred Busa, Trustee - for permission to
subdivide a parcel of land containing 12.8 acres, more or less, located
next to 157 East St., into lots of not less than 20,000 sq.ft. and
having a frontage of not less than 120 ft. (planned unit development)
each in accordance with Sec.8(a)6. of the Lexington Zoning By -Law, all
as shown on a plan entitled "Preliminary Plan of Lots," dated Oct. 8,
1967 by Miller & Nylander, C.E.'s & Surveyors.
Joseph Mauran_o_ - to vary the Lexington Zoning By -Law in order
to permit the addition of a garage to the existing house at 10 Cushing
St. which would have a side yard of 6 ft. at one corner instead of the
required 15 ft.
Donna _Realty Trust, Frank Compagnone, Tr. - to vary the Lex-
ington Zoning By -Law in order to construct a house on a lot located at
the corner of Dexter and Simonds Roads which has insufficient frontage
and area but which wo uld have the required setbacks.
Following the hearings an executive session was held during
which the following decisions were made:
Follen Church Society - granted
John and Rosina Busa - granted for two years
HEARING - JOHN AND ROSINA BUSA
' October 31, 1967
The hearing was opened at 7:32 p.m. with Mr. Nickerson reading the
notice as it had appeared in the Lexington Minute -man on October 12 and 19,
1967, after which he asked Mr. Busa if the operation was the same as -it had
been, to which Mr. Busa replied that it was. Mrs. Bayle, attorney for Mr.
Bus&, said that he would like to ask for the extension of one hour on Sunday,
from 9:00 a.m. to 6:00 p.m. instead of 5:00 p.m. She stated that other
stands in Lexington were open at this hour, and that during daylight saving
time many people like to ride out after dinner and pick up their vegetables.
Mr. Abbott asked if they intended to sell Christmas trees, and Mr. Busa said
no, they closed the stand from Thanksgiving until Easter.
Mr. Nickerson asked if anyone wished to be recorded in favor of this
petition and the following responded: Jacqueline Buss, 36 Lowell St., John
Busa Jr., 41 Hillcrest Ave., Antonio Buss, 4 Lillian Rd.
When asked if anyone wished to speak in opposition Miss Alyce Monahan
of 51 Lowell St. presented a petition in opposition, bearing 42 signatures,
a snapshot by Mr. Marshman showing the lighting, a clipping from the Arling-
ton Advocate showing pumpkins outside the stand in the front yard, and a
1-1/2 page letter written by herself, copies of which had been sent to the
Selectmen and the Town 'Councel.' Miss Monahan stated that because of its
being Hallowe'en the neighbors could not appear, but as stated in the peti-
tion they felt that it tended to impair the status of the neighborhood and
' that the petitioners continued.to violate the zoning by-law. Miss Monahan
said she thought the lighting was excessive and lit up the whole hill,
that the place was not kept clean, that articles were stored outside the
building, that the snapshot showed other signs,and that it created a dangerous
traffic situation.
A letter was received from Mr. and Mrs. Agresti of 46 Lowell St. ex-
pressing the same objections as Miss Monahan; and Mr. and Mrs. Petringa had
addressed a letter to the Selectmen, similar in nature, which had been re-
ferred to the Board of Appeals as being their business. (All four of the
above had also signed the petition.)
Letters were also received from the Chief of Police of Lexington stat-
ing that no accidents had occurred in this particular neighborhood within the
last five years; and from the Building Inspector stating that the permit he
had issued in May to cover the area 6-7 ft. wide between the garage and the
stand had no relation to the permit for the stand (which had been mentioned in
Miss Monahan's letter) and that this area had formerly been connected by a
lean --to.
Mr. Abbott asked if Mr. Buss thought the lighting was brighter than he
needed and could it be cut down.
Mrs. Bayle said she didn't think it would make any difference to Miss
I
Monahan- she supposed any light might be disturbing. This illumination is
under the eaves along the roof line. The stand is set back 75-80 ft. from the
road and Miss Monahan's house is at least as far back on the other side, and