HomeMy WebLinkAbout1973-05-22BOARD OF APPEALS HEARINGS
May 22, 1973
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
May 22, 1973. Chairman Nickerson, G. Sheldon, R. Morey, W. Brodhead and newly
appointed associate membeA Robert M. Gary,met with Norman Cohen, Town Counsel,
to discuss Board of Appeals' forms. The Board members decided to continue to
use the same forms, especially when petitions were of a routine nature. In
special or controversial cases, when it would be more advisable to type out
the decision instead of using the printed form, that would be done.
At 7:30 p.m. with an audience of interested townspeople present, as well
as, a reporter from the Lexington Minute -man Publications, public hearings
were held on the following petitions, notice having been mailed to the peti-
tioners, 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.
Kenneth B. Snell and Carol S. Snell - a variance from the Lexington zoning
by-law (section 27) in order to maintain the swimming pool on the premises at
4 Bennington Road, which swimming pool has a side line of approximately 13 ft.
instead of the required 15 ft.
Malcolm Kel.iikian - a variance from section 25.52 and other applicable provi-
sions of the zoning by-law, to park vehicles on a parcel of land consisting
of 22,700 sq. ft., more or less, and located to the rear of numbers 7 and 27
Massachusetts Avenue and to the north of the Boston and Maine Railroad right
of way, as shown on plan submitted. The applicant has an option to purchase
this property.
Mel -Nor Realty Trust - special permit under section 30.4 of the zoning by-law
to change the use of the premises located in building at No. 1049 Massachu-
setts Avenue, Lexington, from a grocery store to an office building, to be
used to conduct the practice of optometry, including the dispensing of eye-
glasses and frames.
Harvey/R & D Electronics, Lessee, and John T. Spinelli, Owner - a site plan
review under section 13 for a finding and determination that the proposed
placement of the new one story warehouse addition at 44 Hartwell Avenue,
major topographical changes, provisions for waste disposal, surface and ground
water drainage, erosion control, additional parking area, loading areas, man-
uvering areas, driveways, and location of intersections of driveways and
streets will constitute a suitable development and will not result in sub-
stantial detriment to the neighborhood according to plans submitted.
Following the hearings the Board made the following decisions, all in
open meeting:
Snell - granted unanimously.
Keljikian - granted on a vote of 4 to 1, Mrs. Morey voting in opposition but
only because she felt it shoud be granted on a trial basis for 2 years, not
adinfinitum. This variance is subject to the following conditions:
1. The recommendations of the Conservation Commission, included in the
letter (which was appended) shall be followed. They cover oil and
May 22, 1973 hearings continued Page 2
grease pollution, no wrecked vehicles shall be allowed on the lot, 6 to 8
inches of crushed gravel base in lieu of pavement, no lighting. Parking
shall be permitted during the day for Mal's employees, except that the
Board will allow parking for Mal's customers, also. No storage of any
nature shall be permitted, a clean up of the area shall be required and
screening shall be provided.
2. Salt shall not be used to melt snow and ice in wintertime.
3. This variance is granted subject to the petitioner obtaining a right of
way from the town of Lexington from Bow Street to this property.
Mel -Nor Realty Trust (formerly L & B Realty Trust) - denied unanimously.
Harvey/R & D Electronics, Lessee, and John T. Spinelli, Owner - granted unani-
mously in accordance with drawings submitted and subject to conditions listed
in appended letters from Health, Public Works, Engineering Departments and
also the following:
1. Parking spaces shall be set back 75' from the street.
2. Hours will be 9 a.m. to 5 p.m., 5 days per week and no additional light-
ing or sign will be permitted. Lights will be extinguished at 11 p.m.
and security guard or ADT protection provided.
3. Construction must begin within one year from this date.
All pertinent material is on file under the name of each petitioner in
the Board of Appeals' office.
The meeting adjourned at 11:00 p.m.
"ArL_ caee,
Evelyn F. Cole
Clerk