HomeMy WebLinkAbout1973-06-26BOARD OF APPEALS HEARINGS
June 26, 1973
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
June 26, 1973 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office
Building. Present were Chairman Nickerson, regular members, G. Sheldon, W.
Brodhead and G. Wadsworth, and associate member L. Clarke.
The Chairman announced that the courts had upheld the Board's decision
in regard to the petition of Lexington Gardens, Inc., 554 Lowell Street. The
Board applauded Mr. Sheldon for his part as acting chairman in this case.
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.
Michael and Judith H. Bass variance of section 27 of the zoning by-law so
as to maintain the existing dwelling located at 18 Flintlock Road with a
front yard of 28.62 ft. instead of the required 30 ft.
Ira Stepanian and Jacquelynne M. Stepanian - variance of section 27 of the
zoning by-law in order to build an addition (approximately 18 ft. by 18 ft.)
to the rear of the existing dwelling at 5 Carol Lane, which addition will have
a side yard of 12 ft. instead of the required 15 ft.
Violet F. Horn - variance of sections 27 and 12.3 of the zoning by-law to
allow Violet F. Horn, owner of an option to purchase, to build a single family
residence on lot 3, No. 7 Jean Road, which lot has insufficient frontage as
defined by the zoning by-law, but more than the required area, and to face the
building and have its principal entrance facing in a northerly direction.
The 115 Kendall Corporation - site plan review and approval for a special per-
mit pursuant to section 13 and related subsections of the zoning by-law to
make a finding and determination with respect to the second floor of phase 3
and all of phase 4 that the proposed placement of buildings, major topographic
changes, provisions for waste disposal, surface and ground water drainage,
erosion control, parking areas, loading areas, maneuvering areas, driveways,
and the location of intersections of driveways and streets will constitute a
suitable development and will not result in substantial detriment to the neigh-
borhood. The proposed use of the addition to the building numbered 29 Hartwell
Avenue is office and research and development.
Following the hearings the Board made the following decisions, all in
public meeting and all unanimous.
Bass - Granted.
Stepanian - Granted.
Horn - Granted subject to the following conditions:
1. That if a septic tank system is built on lot 3 it must have Board of Health
June 26, 1973 hearings (continued) Page 2
approval.
2. If Aaron Road should become an accepted street a 30 ft. setback shall be
required.
3. Construction must be started within a period of three years from this
date.
The 115 Kendall Corporation - granted if the change in gradient is made from
4% to 0.4%. The buildings must be started within a year from date.
All pertinent material is on file under the name of each petitioner in
the Board of Appeals' office.
The meeting adjourned at 10:35 p.m.
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i- C�Y' �
Evelyn F. Cole
Clerk
IRA STEPANIAN AND JACQUELYNNE M. STEPANIAN HEARING - June 26, 1973
' In public session the Board of Appeals met in the Selectmen's Meeting
Room. Present were Chairman Donald E. Nickerson, regular members, George C.
Sheldon, George P. Wadsworth and Woodruff M. Brodhead, and associate member
Logan Clarke, Jr. and an audience of interested townspeople.
The Chairman read the notice as follows:
June 7 and 14, 1973
The Board of Appeals will hold a public hearing on the petition of
IRA STEPANIAN AND JACQUELYNNE M. STEPANIAN for a variance of section 27
of the Lexington zoning by-law in order to build an addition (approxi-
mately 18 ft. by 18 ft.) to the rear of the existing dwelling at 5 CAROL
LANE, which addition will have a side yard of 12 ft. instead of the re-
quired 15 ft.
The hearing will be held on TUESDAY, JUNE 26, 1973 in the TOWN OFFICE
BUILDING at 7:35 P.M.
Chairman: This notice was published in the Lexington Minute -man newspaper
as required by law and people deemed interested notified.
You have submitted a plot plan engineered by Albert A. Miller & Wilbur
C. Nylander, dated August 30, 1968, showing the lot, the building on it and
the proposed addition. And you have submitted plans and elevations, a porch
and deck planand floor framing plan, 2 drawings by Moore Construction Company
' of Woburn. Mr. Stepanian do you wish to add anything?
Mr. Stepanian: The reason for the variance can be seen by looking at the plot
plan. The line goes back at an angle. He explained that about k way back to
the rear corner the addition would be less then the required 15 ft, from the
lot line. At the farthest corner it would be 12 ft. from the line. If the
lot line had run parallel there would have been no problem. He had figured
the square footage of the triangle which would extend into the side yard. It
was only a small percentage of the addition. Shrubbery had been planted on
the side and permanent trees. Mr. Stepanian came forward to explain the plans
he had submitted and the various alternatives that had been discussed in an
attempt to place the addition in such a way that a variance would not be
necessary. He felt that the proposed plans had the most merit and would be
attractive and add to the appearance of the house and area and not be a detri-
ment to the neighborhood. He said that he was aware that a neighbor objected
but couldn't understand why. He said that he would try to answer any objections.
The Chairman asked several questions as to where the deck was, what would happen
if it were all pushed over, etc.
Mr. Stepanian explained how the windows and the bulkhead would be affected.
Chairman Do Board members have any questions?
Mr. Brodhead: Did you build it yourself?
' Mr. Stepanian: Yes. It was built in 1968.
Chairman: Does anyone wish to speak in favor?
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Stepanian hearing,- 6/26/73
g (continued)
Page 2
Mr. Chase, 97 Bedford Street asked if he could ask a question. He and his
wife didn't think they were abutters but they had received a notice.
Board members checked the Assessors' map and determined that they were
notified correctly.
Mr. Chase said that he had served on the Board of Appeals in another town.
Apparently it was before it*wa.s requiret,.to ee*id notices to abutters of
abutters. He wasn't certain as to how his land backed up to the lot in
question which was on another street. The Chases' had no objection when
they realized that the addition would have no affect on their property.
Mr. Erivan Hagopian, 7 Carol Lane: My wife and I live at 7 Carol Lane, next
door. The following letter had been received from him prior to the hearing:
Dear Mr. Nickerson:
I plan to attend the June 26, 1973 public hearing on the petition of Ira
and Jacquelynne Stepanian for a variance to build an addition to the rear of
their home.
At that time, I will ask the Board of Appeals for permission to speak in
opposition to this petition. Very truly yours,
/s/ Erivan Hagopian
Mr. Hagopian read the following letter:
' Gentlemen:
We strongly urge the Board of Appeals to deny the petition of Ira and
Jacquelynne M. Stepanian for a variance to build an addition to the rear of
their home which would extend to 12 ft. of our common lot line instead of the
required 15 ft. The Stepanians have ample space along the approximately 60
ft. rear length of their dwelling to build the addition without the need for
this variance. We would certainly not oppose this variance if we felt that
the Stepanians were too crowded in their existing dwelling which they had
built only four years ago and if there was no possible way for them to build
this addition without a variance. In our opinion neither of these two condi-
tions exist.
Another objection we have is that the proposed addition would reduce our
back yard privacy. Both the Stepanians and we have planted shrubbery along
our common lot line to provide privacy. Since their lot is at a higher eleva-
tion than ours, this proposed addition would overlook our entire back yard.
Admittedly, by denial of this petition the Stepanians can simply build three
feet further in from the lot line, and we will have no recourse. Nevertheless,
in such a situation we would at least be protected to the extent of section 27
of the Lexington zoning by-law.
We invite the members of the Board of Appeals to visit our property and
judge for themselves whether or not our objections are valid.
Erivan Hagopian
/s/ Sion Hagopian
' Chairman: Does anybody else wish to speak in opposition? No response.
Hearing none,we will declare the hearing (that portion of the hearing which
produces the evidence on which the decision is based) closed and we'll notify
you. -end of hearing evidence-
Stepanian hearing - 6/2/73 (continued) page 3
' The Board discussed further the facts of this petition in open meeting.
Mr. Clarke restated three objections that the Hagopians' seem to have, the
feeling that there was ample space to build the addition without a variance,
that it might reduce their privacy and the fact that the Stepanians' land
was on a higher level but the amount of the variance and the fact that it
would not prevent them from building an addition which could cost considerably
more and have a jagged appearance outweighed the objections in his opinion.
Dr. Wadsworth pondered the question and wondered if it would be better
to build the addition without the variance.
A motion was made by Mr. Sheldon to grant the petition as requested.
Mr. Clarke seconded the motion. It carried unanimously. The usual conditions
would apply: Construction must be started within a period of one year from
date; before acting on this permit, it will be necessary to secure a building
permit from the building inspector and in accordance with State law, before
this permit becomes effective, notice that such a permit has been issued must
be recorded at the Registry of Deeds by the petitioner.
Respectfully submitted,
^A/CW-ee-
Evelyn F. Cole, Clerk
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