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HomeMy WebLinkAbout1972-04-04BOARD OF APPEALS HEARINGS April 4, 1972 A regular meeting of the Lexington Board of Appeals was held on Tuesday, April 4, 1972 at 7:30 p.m. in the selectmen's meeting room of the town office building. Present were Chairman Nickerson, regular members Dawes and Sheldon, and associate members Logan Clarke, Jr. and Haskell W. Reed. Public hearings were held on the following petitions, notice having been mailed to the petitioners, to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list, to town boards who will or might be affected by decisions made, and also adver- tised in the Lexington Minute -man: Mobil Oil Corporation - permission to erect and operate a gasoline service station on property owned by Clementina Morascio, located at Lowell and North Streets, said station to be located in the "CG General Business District" shown on the Zoning District Map No. CG -7; and for a variance from the Zoning By -Law to allow for a one foot rear yard. Mobil Oil Corporation has an option to enter into a long-term lease for the use of the parcel marked A-1, on plan dated January, 1972, Emmons, Fleming and Bienvenu, Inc., Engineers and Survey- ors, Billerica, Mass. Francis Judd Cooke and Maymay L. Cooke - variance of the Lexington Zoning By - Laws to maintain the existing dwelling at 2 Stratham Road, a way in Lexington, Massachusetts on a parcel of land shown as Lot C on a plan entitled "Plot Plan, Land in Lexington, Massachusetts" dated November 19, 1971, with addi- tions on February 14, 1972, Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, on file in the office of the Lexington Board of Appeals, such Lot C having an area of 50,300 sq. ft. and a frontage'on Stratham Road of 205 feet: to enable the Petitioners to convey to the Town of Lexington the parcel presently owned by them, shown on such plan as Lot A. containing 70,545 sq. ft. Gulf Oil Company - U.S. - permission at 324 Marrett Road and Waltham Street to remove existing porcelain enamel facing panels and building overhang on existing service station building and canopies and install brick facing on front and two sides of existing building and on existing two canopies. Living and Learning Centres, Inc. - special permission to construct a building and operate a Nursery School, Kindergarten and full day program for children ages 3 to 6 at 84 Maple Street. The maximum building capacity will accommo- date 130 children. Lexington Gardens, Incorporated - permission to hard surface a portion of the parking area at 93 Hancock Street to eliminate an unsatisfactory surface con- dition. A French drain will be provided to accommodate any possible water seepage. The drain will direct the water to the pond on the eastern corner of the site. A 1,200 sq. ft. planted island dividing the parking lot longitudin- ally will be maintained to both accommodate runoff and to naturalize the area. Following the hearings the Board made the following decisions, all in open meeting: Mobil Oil Corporation - granted with certain conditions as follows: April 4, 1972 hearings continued: -2 1. Three lights will be permitted as located on the drawings and the light must be directed downward. 2. A guard rail fence shall be installed part way across the rear, as shown on the plans. 3. Hours of operation shall be 7 a.m. to 11 p.m., 7 days a week. 4. No extraneous sales racks, vending machines or rental trailers shall be allowed. 5. The RO residential district and CG general business district shall be kept in one ownership and the RO lot shall be dressed up with trees or possibly a fence to provide a buffer strip between the rear of the station and residences on North Street. 6. Driveways, leaching field, curbings, drainage and the curb at the east- ern entry of North and Lowell Streets shall be subject to the approval of the Town Engineer. 7. Any conditions of the Fire or Health Departments must be met. 8. The construction shall be started within a period of one year. Before acting on this permit, it will be necessary to secure a building permit from the Building Inspector. This, also, must be registered with the Registry of Deeds. The vote for granting this special permit and variance was unanimous. Francis Judd Cooke and Maymay L. Cooke - granted. Gulf Oil Company - U.S. - granted. Living and Learning Centres, Inc. - granted with the following conditions: 1. The school would be open from 7 a.m. to 6 p.m., 5 days a week, but regular morning classes would be from 8:45 a.m. to 11:45 a.m. and afternoon classes would begin at 1:30 p.m. and conclude at 4:15 p.m. 2. An easement shall be given to the town for conservation purposes. This shall paralles the Munroe Brook and be 100 ft. wide. 3. The provisions of the Hatch Act must be satisfied. 4. The Board of Health must approve the building as must also the Fire Department. 5. A recreation area fence must be provided as shown on the plot plan. 6. The approval of those state agencies having jurisdiction of build- ings of this character must be obtained. 7. Construction must be started within one year. (April 4, 1973) Before acting on this permit, it will be necessary to secure a build- ing permit from the Building Inspector. This, also, must be registered with the Registry of Deeds. The vote for granting this special permit was 4 to 1, Haskell W. Reed voting in the negative. Lexington Gardens, Incorporated - granted with the following conditions: 1. This area shall be divided by a planted strip as shown. 2. The paved area shall be kept 25 ft. away from the adjacent property. ' 3. It shall be screened from the street and the adjacent property on Hancock Street. 4. The details of the drainage into the pond shall be satisfactory to the Town Engineer. April 4, 1972 hearings continued; Lexington Gardens conditions continued: 5. Any provisions of the Hatch Act must be met. A standing room only audience crowded the selectmen's meeting room throughout the entire evening with people coming and going as a particular hearing in which they were interested came before the Board. All pertinent material is on file under the name of each petitioner. q.kr The meeting adjourned at 12:25-P-.-sA- 1 1 Evelyn F. Cole Clerk -3 BOARD OF APPEALS LEXINGTON, MASSACHUSETTS ' FRANCIS JUDD COOKE and MAYMAY L. COOKE HEARING Tuesday, April 4, 1972 in the Selectmen's Meeting Room at 7:40 p.m. At 8:05 p.m. with 25 persons present in addition to Board members, Donald E. Nickerson, Chairman, Howard H. Dawes, George C. Sheldon, Logan Clarke, Jr., Haskell W. Reed and the secretary, Chairman Nickerson read the notice as follows: "The Board of Appeals will hold a public hearing on the petition of Francis Judd Cooke and Maymay L. Cooke for a variance of the Lexington Zoning By -Laws to maintain the existing dwelling at 2 Stratham Road, a way in Lexington, Massachusetts on a parcel of land shown as Lot C on a plan entitled Plot Plan, Land in Lex- ington, Massachusetts' dated November 19, 1971, with additions on February 14, 1972, Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, on file in the office of the Lexington Board of Appeals, such Lot C having an area of 50,300 sq. ft. and a frontage on Stratham Road of 205 feet: to enable the Petitioners to convey to the Town of Lexington the parcel presently owned by them, shown on such plan as Lot A, containing ' 70,545 sq. ft. The hearing will be held on Tuesday, April 4, 1972 in the sel- ectmen's meeting room, Town Office Building at 7:40 p.m." , as it appeared in the Lexington Minute -man on March 16 and 23, 1972 and all those deemed interested notified as required by law. Norman T. May, Attorney, represented the petitioners. Chairman: You have presented us with a plot plan dated November 19, 1971 by Miller and Nylander, with additions dated February 14, 1972, showing lots A, B and C owned by the Cookes. Lot A is under negotiation to be purchased by the Town by May 1st. This area, shown on the plot plan as having 70,545 sq. ft., when conveyed to the Town will eliminate the Cooke's frontage on Massa- chusetts Avenue. Lot B is not a buildable lot and is not being considered at the moment, except that it will be kept in the Cooke's ownership. Lot C, on which the dwelling would be maintained, consists of 50,300 sq. ft. and has sufficient side and rear yards. The plot plan shows Massachusetts Avenue and Woodberry Road (part of Woodberry Road is shown by dotted lines) and Stratham Road, shown by dotted lines. You wish to maintain a house with frontage on a street which is not a so-called legal street. ' Mr. May: We would not need a variance if Stratham Road was a public way. The status of Stratham Road has never been settled; some say it is a street, others disagree. Neither the Conservation Commission nor Mr. and Mrs. Cooke want to -1- Cooke hearing - April 4, 1972 (continued) IYA ' Mr. May (continued) be involved in the question of the status of Stratham Road and so it was agreed that before the Cookes conveyed it would be the better part of valor to obtain a variance from the Board of Appeals. The Planning Board has avoided the question. The Cookes are willing to sell and negotiations have been made and Town Meeting has approved the purchase. The rear line of Parcel "A" follows the old street named Piedmont and the option held by the Conservation Commission specifies the southerly line of Piedmont Street as a boundary. The acquisition of the land by the town would not be detrimen- tal to the neighborhood. The Cookes want to be sure before they sell what the status of their dwelling will be. We ask that you put on the permit that Lot B is not a building lot. Chairman: Thank you for your brevity. Do Board members have any questions? Mr. Reed: You want the town to make the street legal? Mr. May• No. Chairman: The Board of Appeals cannot legalize a street. We never have. They want to maintain a dwelling and we haven't made anyone tear down a house, yet. Mr. Nickerson: Is $6,000 the figure? Mr. May: Yes. If the others could have been convinced to do the same as the Cookes they would have been willing to give it to the Town. Mrs. Shirley Stolz (Norman): The Article passed Town Meeting. It has been accepted by the Town. She spoke of Mr. Hamilton's house. She said that when the Cookes decided to move to Scotland she reminded them of their previous offer. Rita Williams: (10 Stratham Rd.) If the variance is granted does this mean it will be more possible for Stratham Road to become legal? Chairman: We have at least two other houses there with addresses on Stratham Road. (There Chairman: If there are no questions we will follow our usual procedure and Stratham Road I will ask if there is anyone who wishes to speak in favor. List Mrs. Angela Frick (Frederick): I'd like to speak as a member of the Conser- or over, January 1, 1971) vation Commission. Several of our members are here. The Cookes were going to give the land to the Town for one dollar if other people would do likewise. They didn't agree to do this. She went on to speak of the North Lexington Brook and said that the area needs to be protected. Mr. Nickerson: Is $6,000 the figure? Mr. May: Yes. If the others could have been convinced to do the same as the Cookes they would have been willing to give it to the Town. Mrs. Shirley Stolz (Norman): The Article passed Town Meeting. It has been accepted by the Town. She spoke of Mr. Hamilton's house. She said that when the Cookes decided to move to Scotland she reminded them of their previous offer. Rita Williams: (10 Stratham Rd.) If the variance is granted does this mean it will be more possible for Stratham Road to become legal? Chairman: We have at least two other houses there with addresses on Stratham Road. (There are 9 houses with addresses on Stratham Road according to the Town of Lexington, List of persons 17 years of age or over, January 1, 1971) -2- Cooke hearing - April 4, 1972 (continued) -3 ' Mr. Clarke: And these lots have frontage on Massachusetts Avenue'?' Several people said in unison: That's not so. Chairman: It is a very lovely part of Lexington. If somebody wants to sell his property the bank more than likely will have him come before the Board of Appeals for a variance to maintain. Mrs. Bailey: (11 Stratham Rd.) I'm concerned about the legality of fronting on Stratham Road. Chairman: You all know that Stratham Road will most probably some day become a legal way. Mrs. Bailey: (11 Stratham Rd.) Again, Mrs. Bailey question the problem of the legality of the street. Chairman: You have.............(unfinished sentence) MR. NICKERSON WAS INTERRUPTED BY MR. JOHN DEVINE Mr. John Devine, Attorney: I represent Mrs. Barbara Anderson at 14 Woodberry Road. (Note: (not part of minutes) Woodberry Road is not considered a legal way. It was called a private right of way when Mrs. Anderson requested a variance from the Board of Appeals on May 6, 1954 and her petition was granted by the Board so that she could build her house.) Mrs. Anderson is not against the taking of this land. I would like to know the status of Stratham Road. It has been a private access. In 1967 this was a private way, according to the engineering office. In 1970 this was described as not a legal way but a private access. There is no mention of Stratham Road as a legal street. If legal frontage is granted it will open up the Cooke's land and Dr. Royal's land and the subdivision up there. The land is now landlocked. The Board of Appeals is giving it frontage. (Mr. Devine came forward, leaned over the Selectmen's table and explained and discussed plans or documents, which he produced, with the Board. Some minutes lapsed. It was impossible to comprehend what was being said for the record as Mr. Devine and the Board members conversed about the situation. At this time a count showed 35 people present in addition to Board members. Mr. Devine came to the Board of Appeals' office to claim his plans and papers and they were returned to him promptly at his request.) Mr. Devine: The Board of Appeals is granting a legal way if this petition is granted. IMIS Cooke hearing - April 4, 1972 (continued) ' Mr. May: Approval by the Board needs to be granted before May 1. Mr. Devine: A strip of land along Massachusetts Avenue could be kept so there would be frontage on Massachusetts Avenue. A Planning Board hearing would be held to .............(?) Chairman: We shall return to our usual format. We have a letter from the Planning Board which I will read. The letter was read as follows: "The Planning Board believes that the property of Francis J. and Maymay L. Cooke at Two Stratham Road is not in violation of the Zoning By -Law since its frontage on Massachusetts Avenue is being acquired for public purpose and falls under that exception in subsection 26.1. However, to assure the future saleability of the property, the Planning Board supports the granting of a variance to maintain the property at Two Stratham Road without frontage on a legally laid out way or street, as defined in the Zoning By -Law, Stratham Road and Woodberry Drive being in the opinion of the Planning Board not legal streets under that definition, but private accesses or rights-of-way. -4 We suggest that this status of Woodberry Drive and Stratham Road be specifically mentioned in your decision to clarify the reason for the variance from Section 26 and subsection 26.1 of the Zoning ' By -Law." Chairman: We have another letter. This is from Shirley Stolz, 2139 Mass.Ave. "Representing Mrs. Converse Hill and myself as a Town Meeting member in Precinct Three, let me go on record as favoring an appeal to grant a variance to Francis J. Cooke and Maymay Cooke on April 4. Their interest in conservation and cooperation with the town in selling their Mass. Ave. frontage should not be allowed to prejudice the future saleability of their dwelling at 2 Stratham Rd. I understand that the granting of this variance will have no bearing on the legal status of either Stratham Rd. or Woodberry Rd." Chairman: I declare the hearing closed. (time: 8:30 p.m.) Mr. Devine: There should be a hardship and there is none. Respectfully submitted, Evelyn F. Cole, Clerk Please note: Words surrounded by ( ) were added for clarification. -4-