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HomeMy WebLinkAbout1972-11-14r BOARD OF APPEALS HEARINGS ' November 14, 1972 A regular meeting of the Lexington Board of Appeals was held on Tuesday, November 14, 1972. At 7:20 p.m. Chairman Nickerson, regular members Howard H. Dawes and George P. Wadsworth and associate members Haskell W. Reed and Robert Cataldo in public session discussed further and gave consideration to the subject of the Pasquale P. Barbieri petition and voted 4 to 1 to deny it. Mr. Reed voted in favor of the petition. The validity of the earlier permit granted in 1967, the failure of the Board to impose a one year time limit on that permit, and the question as to whether the Board had a right to grant a permit to extend a business into an RO zone were all debated at length. A letter from Town Counsel assisted the Board in making its final decision to deny it. See minutes of October 17 and the Denial for further information. At 7:35 p.m. Chairman Nickerson, regular members Dawes, Wadsworth, Sheldon and Mrs. Morey were present for public hearings 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 advertised in the Lexington Minute -man: Viola T. Norlin - petition to continue the operation of the Manor Nursery School at 118 Burlington Street. ' Robert J. Neal - petition for special permission under Zoning By -Law, Section 25, Subsection 25.94, for use of temporary structure, box trailer, for stor- age on property at 421 Lowell Street (CG -business zone), not to exceed 12 months from date of granting of special permit. Robert E. Doran - petition for permission to continue the operation of a road- side stand for the sale of flowers, plants and other nursery and farm goods on the premises located at 150 East Street and also for the sale of Christmas trees, wreaths, etc. in the appropriate season. The applicant is the owner of the premises. Robert Modoono - petition for permission to continue to operate a stand for the sale of evergreens, shrubs, various other plants, annuals, perennials, and garden supplies on lot abutting 192 Woburn Street; also to sell Christmas trees, wreaths, etc. in the appropriate season. Lexington Eye Associates - petition for permission to keep the shingle (sign) on lawn at 99 Waltham Street. Sign reads Lexington Eye Associates and is necessary for our patients of Lexington who have poor vision, post surgery, etc., to readily identify the office. It is also of the utmost importance for evening emergencies which are sent to us from Symmes, Choate, and Emerson which we cover. Danish House, Saratoga Sandwich Roll Corp. by Grover H. GaNung, Vice President - ' for permission under Section 25 to open a Danish House Restaurant for the ser- vice of food and beverage to the general public. The store is located at 1841 Massachusetts Avenue, New Central Block Building, Store #9. Danish House has a lease with the Minute Man Park Realty Trust, signed by Mr. E. A. Giroux. November 14, 1972 hearings continued: -2 Following the hearings the Board made the following decisions, all in open meeting. Viola T. Norlin - special permit granted to November 14, 1973,by unanimous vote. Robert J. Neal - special permited granted subject to the following conditions: that the proposed second story addition contemplated by the petitioner shall be started no later than six months from date (May 14, 1973) and shall be com- pleted no later than twelve months from date (November 14, 1973) at which time the temporary trailer must be removed from the premises, by unanimous vote. Robert E. Doran - special permit granted, subject to the following conditions: 1. The use of all pesticides shall be so controlled as to prevent any injury to the health of the consumers. 2. Sufficient parking area shall be provided. 3. No outside lighting shall be used. 4. Premises shall be operated during daylight hours only. 5. No temporary signs shall be installed. 6. A reasonable effort should be made to eliminate dust problems in dry weather. 7. This permit expires November 14, 1974. The vote for granting was unanimous. Robert Modoono (Highland Farm) - special permit granted, subject to the follow- ing conditions: (vote 4 to 1, Mrs. Morey voting against a 2 year permit) ' 1. All provisions of Sections 25.33 and 40 shall apply to this permission. 2. No parking on driveways shall be permitted within 10 feet of the rear of the properties on Webb Street. 3. No flood lights shall be permitted. 4. The hours of operation shall be from 8:00 a.m. to 7:00 p.m. five days a week, one-half day on Saturdays, except seven days a week during the Christmas season. 5. The sale of hardware and lawn tools, etc. are expressly prohibited. 6. No signs such as requested previously shall be permitted. 7. No trucking will be permitted in and out before or after the hours speci- fied in condition No. 4. No trucks shall be allowed to arrive and stay over- night, especially with motors running. 8. Because of objections to type of operation, we are going to require the Building Inspector to visit the business monthly and upon his reports we will grant or deny future petitions. This is a roadside stand permission and should be regarded primarily as such. This permit shall expire on November 10, 1974. Lexington Eye Associates - petition for permission to maintain the present metal sign granted with the condition that the swinging sign be fixed so as to be immovable. (vote 4 to 1, Mr. Nickerson voting in opposition) Danish House, Saratoga Sandwich Roll Corp. - granted, unanimously. All pertinent material is on file under the name of each petitioner in ' the Board of Appeals' office. The meeting adjourned at 10::10n p.m. EvelF. Cole Clerk