HomeMy WebLinkAbout1970-02-10BOARD OF APPEALS HEARINGS
February 10, 1970
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
February 10, 1970, at 7:30 p.m. in the Selectmen's Room, Town Office Building.
Present were Chairman Nickerson, regular members Sheldon, Wadsworth, Dawes,
and Associate member Brodhead.
The following petitions were heard:
Robert E. Doran - permission to remove a 10 ft. section of banking
adjacent to property of George J. Bailey of 168 East Street and to grade
and landscape 16 ft. of George J. Bailey's property with his approval and
to dispose of the gravel so removed constituting approximately 500 yards.
Mildred E. Whitney- special permission approving as an accessory use,
in accordance with Section 25.81 of the Zoning By -Law of the Town of
Lexington as amended to July 7, 1969, the use of a portion of her residence
located at 1415 Massachusetts Avenue, for the operation of a Professional
Secretarial Service, incidental to her residence.
Lexington Knights of Columbus - special permission to erect and main-
tain a free standing double faced sign 3'11" wide by 7'0" in height, to
replace the existing sign located in front of the premises numbered 177
Bedford St.
' The Hartwell Trust - finding and determination under Section 13 of the
Zoning By -Law that proposed modifications to the building plans, including
the provision for a swimming pool enclosure for the motel at 482 Bedford
Street, constitute a suitable development.
Robert D. Bradley - special permission to construct an addition to a
non -conforming use building at 15 Rockville Avenue.
David Blake - for a variance to build a house on lot 101, Grandview
Avenue, which is not an accepted street.
Following the hearings an, executive session was held during which
the following decisions were made:
Robert E. Doran - granted
Mildred E. Whitney - granted, to be terminated"February 15, 1972
Lexington Knights of Columbus - granted
The Hartwell Trust - granted subject to conditions stated in Planning
Board and Town Engineer letters which are appended.
Robert D. Bradley - granted with condition the present cesspool be
replaced by a septic tank.
David Blake - denied and referred to the Planning Board.
During this executive session, upon a motion duly made and seconded,
' the Board VOTED:
To adopt the addendum to the Rules and Regulations of the Board of
Appeals as adopted on May 23, 1967, and amended on October 7, 1968.
The meeting adjourned at 10:00 p.m.
R. Dean Johnson, Clerk
1
t
e
m:
Lexington board of Appeals�Date__
Town Office
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board of Appeals, appointed under
the General Laws, Chapter 40A, Sections 13 to 19 as amended,
Signature:
Address:
Phone:
This is to inform you that BEFORE THIS PETITION IS ADVERTISED there must be in our
office answers to the following checked items:
1. Fee of $20 must be paid for renewals: $35, for variations, permissions and requests
for signs- $50.. Finding and Determination3 $250, subsidized housin .
2. Address of the property involved must be specified by street and number. Lot num-
ber is not sufficient.
3. Submit a Plot Plan showing the area involved and buildings thereon, both existing
and proposed. You must specify in the case of variation exact figures showing
why the petition is presented.
4. Submit floor plans and elevations of proposed buildings.
5. Submit a brief description of what is desired by the petitioner.
6. In the case of signs, submit an exact drawing, showing the size, lettering and
location of the item desired.
7. In most cases the oemer must apply. If you are not the owner state whether you
have a lease, option to buy, etc.
Advice to Petitioners: Inasmuch as your neighbors will be individually notified of your
petition, it may be wise for you to discuss the matter with them before the hearing.
Unless the petitioner or a representative ATTENDS THE HEARING, the petition will be
DENIED.
RHES AND REGULATIONS
of the
ROARD OF APPEALS
un
TOWN OF LEXINGTON
Town Office Building
LEXINGTON, MASSACHUSETTS
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 Board of Appeals,
shall state clearly the relief sought, shall identify the property by street number
and shall specify whether it constitutes a request for a special permit, variance,
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 a direct application for variance, exception or special permit, the appli-
cation shall be submitted to the Clerk of the Board of Appeals.
If an appeal from administrative decision, the application shall be submitted
to the Town Clerk with a copy to 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 13 of the Lexington Zoning
By -Law, and numbers 11 and 12 of these Rules of Board of Appeals.
$It In all cases a check in the required amount 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. The required amounts: $20, renewals; $35, var-
iances, special permits and requests for signs; $50, finding and determination;
$250, subsidized housing.
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 Peti-
tioner 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. Between
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 evi-
dence, for reference in the consideration of the case.
8. The format of the Board of Appeals 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.
Vules and Regulations -2
9. The decision of the Board shall be made within sixty (60) 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, 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 forth-
with 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, containing the
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. 13 of the Lexington Zoning By -Law.
b. The plan shall delineate all features required by Section 13 of this Zoning
By -Law.
c. The plan shall be drawn by a registered professional engineer, land surveyor
or 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 teat 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 or 4," etc.
R. 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, and amended on October 7, 1968.
Hearing fees amended on February 17, 1970.
FEBRUARY 1970
ADDENDU1 i
TO THE RULES AND REGULATIONS OF THE LEXINGTO::
BOARD OF APPEALS
A. AUTHORITY
1. This Addendum to the Rules and Regulations of the Board of Appeals of the To
of Lexinggton, Mass. has been adopted by vote of said Board of Appeals an Feb-
ruary 10, 1970 pursuant to the authority contained in Chapter 40B of General Laws,
as amended by Chapter 774, Act of 1969.
2. The Rules and Regulations contained herein apply only to the construction of
housing for people of low and moderate income by a public agency, a non-profit
organization or a limited dividend corporation, as defined under the laws of the
Commonwealth of Massachusetts, when such construction is financially aided or
subsidized by the Commonwealth or by the United States.
B. SUBMISSION PROCEDURE
1. Except where the submission of any item is specifically waived by the Chair-
man or by the majority of the Board of Appeals, all of the following items and
information shall be delivered to the office of the Board of Appeals during the
normal office hours or at a hearing of the Board of Appeals to constitute the
submission of an application for a comprehensive housing permit:
a. Filing fee in the form of a check for,,250.00 made out to the Town of
Lexington
b. Three copies of the completed application (see Appendix C)
c. If the applicant is a corporation - a certified corporate vote
Identifying the individual authorized to act on behalf of the
corporation; if the applicant is a Trustee or the Trustees jointly -
a certified copy of the Declaration of Trust describing, the power
of the Trustees to act.
d. A certificate from the Massachusetts Commissioner of Corporations
and Taxation that the applicant is registered as a non-profit or a
limited dividend corporati=on, as applicable..
e. Two copies of a letter identifying the subsidizing federal or state agency
to which application has been made and identifying tba avhaidy prig r.:_.. --
f. Eight copies of site and building plans, certified by a registered
professional engineer or architect, registered land surveyor or land..
seape architect, as applicable, as to compliance with Town of Lexington,
Commonwealth of Massachusetts or Vederal Housing Administration laws
and regulations, bearing the appropriate registration seal and showing
the following information:
(1) site plans showing topographic changes, information on soils,
dimensions, location, materials and construction of any utilities,
roads and other improvements, including cross-sections, profiles,
details and specifications, also the locations and dimensions -of
any buildings and structures, existing and proposed.
IF
' Rules and Regulations of the Lexington Board of Appeals -2
(2) Plot plan of the entire housing development- showing distances,
bearings, radii and tangents of all lot or property lines, all streets,
rights of way, easements and the names of all abutting owners and of
all easement rights` holders.
(3) Floor,roof and foundation plans of all buildings, also elevations,
wall sections and electrical, plumbing and other mechanical plans.
Construction details shr.li be shown and materials and sner.fications
listed.
? Por the purposes of these Rules and Regulationzr a ncu,:invra ve;onment shall be
defin.ci to include the entire parcel of land to be used for the construction of
dwellings and all the changes and improvements to be undertaken thereon incidental to
providing subsidized hOU51ng. The word applicant means the Winer or owners of the
land or a duly authorized agent or attorney.
C. PROCESSING OF PLANS
1. Upon the receipt of all the items enumerated above, the Hoard of Appeals
shall distribute copies thereof to other local boards and agencies as follows:
I set of plans and 1 copy of application to the Selectmen
I setof plans, 1 copy of application and 1 copy of letter of commitment
from the subsidizing agency to the Planning Board
1 set of plans to the Boar czf, He-a].th
1 set of plans to the Building In%pe qr
I set of plans to the Town Engineer
2. The Chairman of the Board of Appeals may also send copies of all or any of
the plans and of the supplementary material to such other agencies as he may
deem appropriate, including, but not limited to, the Town Counsel, the Fire
.Department, the Police Department, the Conservation Commission, the Traffic
safety Committee, the historic Districts Commission, the Metropolitan Area
Planning Council and the Massachusetts Department of Natural Resources.
3. A public hearing on the proposed housing development shall be held by the
Board of Appeals within 30 days of the receipt of the complete application;
such hearing shall be advertised in the local newspaper twice, the first notice
not less than 14 days prior to the date of the hearing. The notice of hearing
shall contain at least the following information:
a. Place, date and time of the hearing:
b. Name of the applicant;
c. Location of the proposed housing development sufficient for identifi-
cation and acreage of the parcel:
d. Number and type of dwellings proposed;
e. Federal or state subsidy programs involved and the general income
and age groups for which the housing development is intended.
r
Rules and Regulations of the Lexington roard of Appeals -3
4. Copies of the notice of the hearing shall be transmitted by certified or
registered mail or by delivery to the applicant, to all immediate abutting
property owners and to the local boards and agencies which had received copies
of the plans. The Board of Appeals may request the attendance of such boards,
officials or persons or their agents or representatives at the hearing or the
submission of written reports.
5. Except where specified othergise, the Board of Appeals shall proceed in
accordance with its Rules and Regulations and with Chapter 40A of General Laws.
6. The Board of Appeals €shall cause minutes of the hearing to be made and shall
append thereto all reports, written communications, exhibits and petitions
received during or prior to such hearing. Such minutes shall be available for public
inspection in the office of the Board of Appeals upon their approval by the
Board of Appeals.
7. Within 40 days of the hearing the Board of Appeals shall either approve
the application and issue a comprehensive permit. to proceed with construction
in strict compliance with the plans, terms and conditions of the application,
approve the application with modifications or disapprove it. In the event of
approval with modifications or disapproval, the Board of Appeals shall enumerate
the specific reasons for its action. Copies of the decision, including any
reasons or conditions, shall be given to the Town Clerk, to the applicant and
to local boards and officials which had received copies of the plans.
8. All comprehensive permits shall only be valid for the applicant, the subsidy
program and other conditions stated therein and the work thereunder
shall commence within two years of the issuance of the comprehensive permit.
` .9. The Board of Appeals may require the posting of a bond or other security to
ensure that all or any work shall be satisfactorily completed or that the inabil=
ity of the applicant to complete such work shall not cause damage or expense to
_the Town and to the residents of the area, including the future residents of the
proposed subsidized housing development.
D. APPEALS
1. Within 20 days of the filing of the decision by the Board of Appeals with
the Town Clerk, the decision may be appealed to the District or Superior Court
as provided for in Chapter 40-A of General Laws.
2. The applicant may appeal the denial of the comprehensive permit or the
conditions imposed by the Board of Appeals to the Housing Appeals Committee, as
provided for in Chapter 774, Acts of 1969.
3. The decision of the Housing Appeals Committee may be reviewed by the Superior
Court as provided for in Chapter 30-A of General Laws.
Rules and Regulations of the Lexington Board of Appeals -"4
E. CONSTRUCTION
1. The construction of housing developments under the cor::prehensive Board of
Appeals permits shall he subject to inspection at all reasonable times to ensure
compliance with the permit, the plans, the applicable Standard Specifications of
the Town of Lexington and with any other applicable laws, rules and regulations.
Such inspection may be carried out by the f.oard of Appeals and by its agents and
representatives, including without limitation the Building inspector and members
of his department, the Planning hoard•and its staff, the Town Engineer and members
of his department, and the Board of Health and its staff.
2. -ot less than; 1P hour-, (excepting Saturdav and Sunciav) prior to the com-
menceront of each phase of site development, the applicant si,ala. give notice thereof
to the Town Engineer. Not less than 4A hours (excepting Satur,!av and Sunday) prior
to the commencement of each phase of building, construction, the anplic"ant shall
Five notice thereof to the Building Inspector. No material o- oor4: shall be covered
without the approval of the Town Engineer or his agents as res,ards the site deveIop-
ment and of the Building Inspector or his agents as regards the bui.ldinr construe -
tion. The applicant may be required to uncover, open, disconnect and replace anv
work or materials covered in violation hereof.
3, The Board of Appeals may without notice revoke the permit of any housing
development repeatedly violating Town requirements, obstructing inspections by duly
authorized Town personnel or where the workmanship or the materials are repeatedly
found to be not in conformance with the approved plans and specifications.
F. PLANNING, DESIGN AND CONSTRUCTION STANDARDS
1. As provided for in Section 20 of Chapter 40-B of General Laws, requirements.
and revulations"consistent with local needs shall apply as ecually as possible to
both subsidized and unsubsidized housing, To the extent consistent with said
Section 20, housing development shall be designed to comply with zoning, building,
and sign by-laws of the Town of Lexington, the rules and regulations of the Board
of Health, the Rules and Regulations Governing the Subdivision of Land in the Town
of Lexington and the Standard Specifications of the Department of Public Works.
Variances from the by-laws may be granted by the Board of Appeals as provided for
in Chapter 40-A of General Laws and waivers from the regulations may be given by
the Board of Appeals in accordance with the guidelines and standards of the local
boards otherwise administering such regulations.
2. All housing developments shall be located in a manner compatible with the
"Long range comprehensive town and financial plan for Lexington, Mass.", except
as otherwise recommended by the Planning Board. The suitaluility of a site for -
housing development will also be evaluated in relation to the following:
a. Land served by a sanitary sewer;
b. Accessibility from a collector or arterial street;
c. Safety and convenience of vehicular access;
d. Open or recreational space within or nearby;
e. Accessibility to stores carrying convenience goods anti to services:
f. Convenience to public transportation; "
g. Free of soil and ens;ineering problems making the development unduly
difficult or costly. -
The -importance of the above factors depends on the are arj income s;rouos to be
served by the development and increases with the increases+ concentration of
dwelling units.
Pules and Regulations of the Lexington Board of Appeals
�i
-5
3. All housing developments shall conform to not less than the following planning
and design standards, which are to be considered as the minimum standards consistent
with local needs:
a. Maximum concentration of subsidized dwelling units within any circle of
1/4 mile radius: 200.
b. Maximum height: 4 floors, including habitable attics and basements,
devoted to human occupancy.
c. Minimum usable outdoor open space: 1000 square feet per dwelling unit,
exclusive of the required vehicular areas and unusable lands.
d. Minimum parking space: 1 garage or off-street parking space 10' x 20'
with unimpeded access for the exclusive use of each dwelling unit plus
at least one additional space for every 4 dwelling units.
e. Minimum distance between buildings: as necessary to prevent obstruction
of sunlight and provide adequate air, light, privacy and space but not
less than 30 feet or the height of the taller building.
f. Maximum distance from the exit door of a dwelling to its parking space:
150 feet.
g. Construction shall conform to Massachusetts plumbing, gas installation,
electrical and sanitary (housing) codes and to the Lexington Building
By -Law. The Board of Appeals may permit exceptions from the latter and
specify construction conforming to the appropriate Minimum Property
Standards of the Federal Housing Administration after consultation with
the Building Inspector and/or other officials listed in C.I and .2 above.
h. Site development shall, so far as apt, conform to the Rules and Regulations
Governing the Subdivision of Land in Lexington, Mass. The standards for
streets, sidewalks, planting strips and for utilities in streets and
easements shall be used as a guide for.the corresponding improvements
within a development.
THE LEXINGTON BOARD OF APPEALS
2.10.70