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HomeMy WebLinkAbout1972-09-05BOARD OF APPEALS HEARINGS ' September 5, 1972 A regular meeting of the Lexington Board of Appeals was held on Tuesday, September 5, 1972 at 7:30 p.m. in the selectmen's meeting room of the Town Office Building. Present were Chairman Nickerson, regular members Sheldon, Wadsworth, Dawes and Mrs. Morey. 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 and officials who will or might be affected by decisions made, and also advertised in the Lexington Minute -man: Claude W. and Mary F. Brenner - petition for a variance from the Lexington zon- ing by-law in order to maintain the house and premises at 30 Preston Road, which house has a side yard of 13.6 ft. instead of the required 15 ft. R. Alan Porter - petition for a variance from the Lexington zoning by-law in order to maintain the house and premises at 22 Hayes Lane, which house has a side yard of 10.8 ft. instead of the required 12 ft. Wayne V. and Phyllis Andersen - petition for a variance of the Lexington zon- ing by-law in order to maintain a dwelling at 26 Dewey Road, which house has a front yard set back of 29.18 instead of the required 30 ft. Alfred E. Barrington - petition for a variance from the Lexington zoning by- law in order to construct a carport at 470 Concord Avenue, which carport will have a front yard set back of 13 ft. instead of the required 30 ft. The de- sired location for the carport is at the end of the existing driveway area. To construct further from the lot line would require the removal of several trees and a considerable increase in driveway length and area. Existing trees along Concord Avenue will provide shielding of the carport from roadside view- ing with the roof being at, or just below the existing grade of the street. Alan Watson, Lexington Esso Service Station - petition for a special permit to rent and store U -Haul Co., Inc. trailers, trucks and accessory equipment at the service station located at 10 Woburn Street at the intersection of Fletcher Avenue. The petitioner is the lessee of the premises with a lease that runs from year to year with an automatic renewal clause. The owner of the property is the Humble Oil and Refining Co. (Esso). Lexington Mews Trust, Constantine S. and Amalia G. Samoylenko - petition for a special permit under Section 25 of the Lexington zoning by-law to operate and maintain a theatre and restaurant and/or tearoom, as provided under Section 12.2. These facilities will be located in the building to be constructed at 10-12 Muzzey Street. Following the hearings the Board made the following decisions, all in open meeting: Claude W. & Mary Brenner - granted, unanimously. R. Alan Porter - granted, unanimously. September 5, 1972 hearings continued: -2 ' Wayne V. and Phyllis Andersen - granted, unanimously. Alfred E. Barrington - granted, unanimously. Alan Watson, Lexington Esso Service Station - granted for one year with certain conditions as follows: (the decision was unanimous) 1. There shall be no more than a maximum of 8 vehicles (6 trailers and 2 trucks). 2. During the year the matter of the best location for the vehicles shall be studied and every effort shall be made to locate them so as to provide maximum screening. 3. The premises shall be kept neat and orderly at all times. 4. Hours for renting the trailers shall be the same as the hours allowed to operate the service station. 5. This permit is granted for one year. (expiration date September 5, 1972). Lexington Mews Trust, Constantine S. and Amalia G. Samoylenko - granted, subject to the following conditions: (the decision was unanimous) 1. That the matter of the fence at the rear of the property in relation to access in and out of the building to the municipal parking lot shall meet with the Selectmen's satisfaction. 2. Approval of site preparation and utilities shall be obtained from the Public Works/Engineering Department. 3. A "certificate of appropriateness" must be obtained from the Historic Districts Commission. 4. Rules and regulations of the Board of Health must be met. 5. Rules and regulations of the Fire Department must be met. 6. Hours of operation shall be as follows: Store hours will be from 8 a.m. to 9 p.m. Restaurant hours may be from 10 a.m. to 11 p.m. Theatre hours will be no later than 12:30 a.m. 7. There shall be no lights after closing hours except for security lights. 8. Construction must begin within one year from date. (September 5, 1973) The issuance of this special permit shall not in any manner affect the requirement that a building permit be obtained. The petitioner shall have the obligation to record a notice of this special permit as required by statute. All pertinent material is on file under the name of each petitioner. The meeting adjourned officially at 11:10 p.m. ' Evelyn F. Cole Clerk