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HomeMy WebLinkAbout1973-05-22r BOARD OF APPEALS HEARINGS III 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 memberbRobert 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 Keliikian - 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 Keliikian - 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 II 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 Evelyn F Cole Clerk