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HomeMy WebLinkAbout1971-06-08 BOARD OF APPEALS HEARINGS June 8, 1971 A regular meeting of the Lexington Board of Appeals was held on Tuesday, June 8, 1971 at 7 30 p m in the selectmen's meeting room, The Bird Room, Cary Memorial Building Present were Chairman Nickerson, regular members Dawes and Wadsworth, and associate members Brodhead and Mrs Morey Public hearings were held on the following petitions, notice having been mailed to the petitioners and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute-man The first hearing, scheduled to be at 7 30 p m , was the petition of John Sellars Company Mr Sellars was not present Throughout the evening, opponents to the Sellars' petition voiced objection to their having to wait for that hearing Both Joseph F Chabot and James V Neufell (Heritage Glass and Mirror Co , Inc ) agreed to allow the Sellars' petition to be heard before their scheduled hearings, Mr Sellars having arrived by this time Beginning at 7 35 p m petitions were heard as follows John P Carroll - for permission to pick up and to keep cars, without allowing them to be taken from trucks, overnight on the premises known as 31 Allen Street, away from abutters and the street so as not to constitute an eye sore Arthur C Smith - for a variance of the Zoning By-Law to allow the con- struction of an addition to the north end of the existing dwelling at 51 Follen Road, the roof of said addition to extend forward over the existing front entry and path, reducing the front yard setback to 25 feet instead of the required 30 feet Five Fields Tennis, Inc - for permission to build and maintain a tennis court on the property of Mr and Mrs Kenneth L Jordan, Jr at 489 Concord Ave in Lexington for the use by the Jordans and the members and guests of the corporation Joseph F Chabot, DVM - for permission to erect and maintain a building to be used as a hospital for the practice of veterinary medicine at 507 Waltham Street John Sellars Company - for a variance from Section 25 of the Zoning By- Law to permit the continued use of the premises at 430 Concord Avenue for the parking and maintenance of commercial vehicles as follows 1) Existing com- mercial garage - parking of trucks; 2) Exterior parking lot to rear of garage only for the parking of trailers This request is for a one year period Heritage Glass and Mirror Company - for a variance of the Zoning By-Law to allow the construction of two additions to the existing building at 311 Marrett Road, leaving a side yard of 16 feet instead of the required 20 feet and also to allow nine parking spaces The addition at the front of the present building will be 20 feet by 7 feet; one-story in height, with a 20 ft front yard The addition at the rear will be 22 feet by 32 feet, two-stories, (21 feet high) with a side yard of 16 feet instead of the required 20 feet June 8, 1971 (continued) -2 Following the hearings the Board made the following decisions John Sellars Company - denied, unanimously, but gave the John Sellars Company until December 3, 1971 to terminate the illegal use of the property John P Carroll - granted, unanimously, but subject to the following conditions 1 No more than 12 cars be allowed on the premises 2 Cars must be removed within 48 hours 3 No resale business of any kind shall be conducted 4 The area shall be suitably screened either by fence or plant- ings if necessary to protect the area 5 No cars shall be transported or picked up from this area except during the hours S a m to 6 p m week days 6 Premises shall be kept clean and orderly at all times 7 No pigs may be kept on the premises. 8 This permit is granted for a period of one year only and a renewal will be subject to adherence to the above conditions 9 A monthly inspection will be made by the building inspector and failure to comply with any one of the first 8 conditions will cause this permission to be immediately cancelled Arthur C Smith - granted, unanimously Five Fields Tennis, Inc - granted, unanimously, permission to carry out a lease agreement with Mr and Mrs Kenneth Jordan Joseph F Chabot, DVM - granted, unanimously, subject to the following conditions 1 Location of building, driveways and parking areas to be shown on 5/18/71 plan 1/20" = 1' by Miller and Nylander as revised by AVZ, 6 4 71 (Planning Board) 2 Effective sound insulation of building to be achieved by experts; no exterior doors or windows in animal quarters; building to be air conditioned; animals shall be kept within the building 3 Hours of operation will be 8 a m to 7 p m Monday and Thursday, 8 a m to 5 p m Tuesday, Wednesday and Friday, S a m to 12 noon Saturday 4 Lots 23, 24A, 24B, 25, 26, 28 and 29 to remain in one ownership except for a conservation easement over lot 29; that no more buildings be added on these lots (except #28) and change of scope of operations or of ownership will require a new hearing 5 Eight client and one service parking space must be provided, and driveway must be one-way 6 Building must be constructed in substantial conformity to drawings submitted (see folder and file) Heritage Glass and Mirror Co , Inc - granted, unanimously, subject to the following conditions 1 A retaining wall shall be built and a chain link fence 2 Parking spaces shall be provided for 9 cars All pertinent material is on file under the name of each petitioner The meeting adjourned at 11.40 p m Evelyn F Cole Clerk JOHN P. CARROLL HEARING - June 8, 1971 Chairman Donald E Nickerson read the notice as it had appeared in the May 20 and 27 issues of the Lexington Minute-man and also had been mailed to abutters as required Edward M. Ginsburg, attorney representing John P Carroll, spoke as follows We were here a year ago when John asked for permission to pick up wrecked automobiles, getting them off the streets and towing them to his premises I have a petition signed by 85 persons supporting this operation The signatures have all been obtained since the first day of June The Chairman read the statement on the petition with the 85 signatures Mr Ginsburg Twenty-one people are here and his uncle who owns the land His family have owned this property for 150 years A farm is not profit- able John's father and mother are in their eighties Mr Carroll is ninety What John does pays the taxes and is the reason they can maintain the property There is a need for old car removal and disposal in Lexing- ton There should be a place to put them so that they'll be off Lexington streets We hope you will set up restrictions which are reasonable Mr Nickerson You know this was granted with the understanding that it would be up again for review Eight inspections have been made, the final one today, with pictures showing that you have not complied The inspections and pictures of the operation make an unfavorable case for you It is apparent that you have cleaned up some recently There have been complaints about the noise and traffic according to the Building Inspector The 31 to 40 pictures submitted were taken by a professional Mr Ginsburg I was out there and saw Mr Kelly a month ago and he showed me a series of pictures he had taken of the place that day and I knew he probably believed John was dismantling his trucks It was his own truck he was working on I gave him hell He has put up a fence Mr Carroll says there were over 60 days with below zero temperatures and there was trouble with the equipment when the weather was that cold I don't think it looks like that back here Those pictures are not entirely accurate, as of now They have cleaned it up When were the pictures taken? Are they dated? (a discussion was carried on as they looked at photographs) Mr Nickerson I was up there myself Mr Nickerson read letters from Mr Kelly, assistant building inspector, letters dated April 9 and May 29, 1971 Mr Kelly had made 8 inspection visits Pictures were all dated from February 3, 1971 to June 8, 1971 Pictures were passed among Board members and anyone else who wanted to see them Mr Carroll The repair work being done that day was on my own car and farm machinery Mrs Morey Why do you need a derrick? Mr Carroll I bring cars in Carroll (continued) -2 Mr Ginsburg: They come in on a small truck Mr Nickerson Don't you shake the engines out? Mr Carroll I have to take the motor out but they don't have to take all the cars apart Mr Nickerson The Building Inspector says there are complaints about the noise on crane Mr Carroll One shake and it's out Mr Ginsburg They should comply The young man is twenty-four We don't want the town to take away the use of the property that someone has had for over 100 years Mr Nickerson Those who wish to speak in favor may do so now, those who have not signed the petition Mrs Parsons, 65 Allen St We have been neighbors for 15 years and border this property The farm has been open to the children We don't think a man's livelihood should be taken away Taxes are high They have to pay taxes I'm very much in favor I haven't heard that much noise James Tatten, 29 Allen St In favor They are trying to get it cleaned up 'I'm here to support them I'm in favor John Brucci Within 24 hours cars are taken away I'm in favor I did quite a bit of work on this Mr Parsons As far as pictures are concerned, any junk yard would look like that No neighbors can see it It's disagreeable (laugh), a junk yard, but I'm firmly in favor They have left many open areas of green space They pay taxes like everybody else (much hand clapping) I signed the petition George Christopher Barry, Jr , surveyor, formerly of 36 Forest St , now a neighbor I do a lot of traveling---every day on Route 2 I've been a resident 30 years Notice the Concord dump' (more clapping) I signed the last page Glenda Goldberg, 16 Blossomcrest We are the abutters with one of the largest areas near the Carroll's Our property backs onto this property No one can see what's there I'm in favor of having used cars on the property and think it should remain as it is My husband and I both signed the petition William Cass, 73 Allen St I think most everyone is in favor and it's a majority vote It's a big improvement from last year The ten ft stock- ade fence with green stain blends in Nobody can complain about that It looks neat (more clapping) Mr Nickerson I've seen it I know what it looks like Carroll (continued) -3 Mr McSweeney I abut the property I see that he has cleaned it up I'm surprised that there isn't more noise I signed the petition I'm in favor Somebody? It's better to get the junk off the streets and ,somewhere that you can't see it Charlotte Sanderson We have lived there for 55 years I don't believe you should do this to people He has lived here so long My husband and I signed Somebody? The Planning Board makes all kinds of new rules and regulations They want to put all of us working people out of Lexington Mr Nickerson We arn't doing anything to people He has to come before us because it's not allowed in the zoning by-law You should read the by-law Everything that we get is a variance or special permission Shirley Byrne, Wellington Lane I went by there many times before I knew it was there I signed and so did my husband Jim Tatten I haven't heard anything against his junk yard The vote is for keeping it as it is Nobody has voted against it (more clapping) Mr Nickerson I haven't counted them This is the foremat I Mr Nickerson explained the procedure carefully He said that we're listening Any more in favor who haven't signed the petition or who haven't spoken? Mr Nickerson Anyone in opposition? No one spoke in opposition The letter from the Planning Board recommend- ing that the petition be denied was read by the Chairman It was noted that Thomas Costello had abstained from the Planning Board vote Mr Nickerson Thank you We'll notify you of our decision The hearing was declared closed at 8 05 p m Evelyn F Cole, Clerk HEARING JOSEPH F CHABOT, DVM - June 8, 1971 Chairman Donald E Nickerson read the notice as it had appeared in the May 20 and 27 issues of the Lexington Minute-man and also as it had been mailed to abutters Mr Nickerson Mr Dailey (William J Dailey, Jr ) is representing Dr Chabot You have presented us with a plot plan by Miller and Nylander, dated 3/29/71, scale 1" = 40' ; another plot plan by Miller and Nylander, dated 5/18/71, scale 1" = 20' and two drawings by Palmiter Associates, Architects, entitled Preliminary Sketch and Preliminary Elevation Floor Plan, both dated 1/6/70, revised 9/15/70 We have a copy of the Miller and Nylander plot plan dated 5/18/71 with changes and alterations recom- mended by the Planning Board Do you you know about these don't you? Answer Yes Dr Chabot is operating from Dr Benton's former place Funds are avail- able to convert the building to headquarters for the National Park in the near future Dr Chabot will have to move Mr Dailey described his client's intention to purchase the MacBeth prop- erty on which he has an option He plans to remodel and live in the house and to build an animal hospital There are 7 lots in the option Lot 27 on the plan is Town owned The house occupies a lot with 50 foot frontage, 457 ft deep, the hospital would occupy a lot with 150' frontage and nearly 475' depth The new building, which will be one story is shown on the plan (80' wide by 43' deep by 16') It will be set back 105' from Waltham St Mr Dailey showed aerial photographs of the land It shows the property as being across from Brookside Ave He explained the photographs Mr Dailey At the present time Dr Chabot is operating full time He has an average of 17 appointments a day The new operation will not include boarding The hours will be as they are presently Monday and Thursday from 8 a m to 7 p m , Tuesday, Wednesday and Friday from 8 a m to 5 p m , Saturday from 8 a m to 12 noon and no hours on Sunday There will be no outside runs The animals will receive treatment and once they are cured they will be released There will be no boarding We had proposed parking for 4 spaces There will be no outside lighting except on nights when the hours go to 7 p m and lights at the driveway We have a man from Bolt, Beranek and Newman, acoustical experts (lighting and noise man) Mr Dailey We have a petition with 185 names Mr Nickerson This is a new list? Not the same as before? Mr Dailey It's a new list Mr Nickerson How many parking spaces will there be? Mr Dailey Eight and one service beside the building The building will occupy only 5% of the total land area We think it fair to say 80% will remain open space Dr Chabot will live on the lot which is #23 Chabot (June 8, 1971) -2 Lots 28 and 29 will not be used by Dr Chabot Lot 29 is for a conserva- tion easement that he plans to give to the town He's afraid to give up any more Lot 29, which would be one-half acre,would be given to the town for conservation for no consideration or as an easement Mr Nickerson Dr Chabot will remodel and live in the house The drawing shows a jog The fieldstone steps are the reason for the jog It doesn't affect the overall plan and there is no need for a variance for that Mr Nickerson. Do the Board members have any questions? Mrs Morey Are the trees going to stay as they are? What about a sign? Mr Dailey We are saving the trees Seventy-five percent of the land will stay as it is We'll come in later for the sign --- a free stand- ing one, probably There are two big spruce trees The trees will remain Mr Nickerson There's no problem about the driveways? The driveway will have to be on the same 50 ft lot Mr Dailey Yes There's no complication there Mr Nickerson Those who wish to speak in favor may do so now Those who registered in favor at this time were Virginia Amichetti, 16 Kendall Rd Ann Baldwin, 510 Waltham St (across the street) Mr McDonough (an animal lover) Jackie Davison, 86 Spring St ("my dogs are patients") Elsa Sullivan, 5 Washington St Robert Forsberg, 411 Concord Ave Charlotte Sanderson, 4 Meadowbrook Mr McCluskey, 503 Waltham St (next door) also eleven, who raised their hands and were counted Ruth Ross I'd like to hear from the acoustical engineer Mr Nickerson Is he here? Will he raise his hand, please Mr John Curtis stood and stated that the building would be sound proofed effectively There would be no problem He said that he visited the sight and noticed the location and the abutters and particularly, since there will be no windows where the animals would be, there will be no problem to people in the vicinity even in the evening hours There will be less noise from this facility than a normal house with a barking dog It'll be no great effort to sound proof the building The area were dogs will be is in the back It'll be air-conditioned You'll be better off then in a neighbor- hood of dogs Mr Nickerson Anyone in opposition? Chabot (June 8, 1971 -3 1 In opposition Catherine Hooper I'm against having a business in this area I did not write a letter, but I want to be registered as being against it Ruth V Ross, 58 Valleyfield St (raised her hand, stood up and gave her name) Anthony Gelzinis, 73 Valleyfield St I'm against business in a residential area Mr Nickerson Anyone else wish to comment? There was no response The letter from the Planning Board was read by the Chairman The letter made certain recommendations If the recommendations were followed the Board would support the granting of the permit to Dr Chabot (see letter dated June 3, received June 8, in file) Ruth Ross Will additional buildings be permitted to be added? Mr Nickerson We would follow the advice of the Planning Board and we would allow nothing else there Mr Nickerson Do you plan to increase? It's not fair to bind them to eternity Mrs Ross I'm objecting less Mr Nickerson noted for the record that there were letters from Mr and Mrs Sowkow, and Mrs Cosgrove, all living at 64 Valleyfield St Mr Nickerson If there are no more comments cpause thank you We'll notify you of our decision The hearing closed at 8 53 p m Evelyn F Cole Clerk 1