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HomeMy WebLinkAbout1973-07-17BOARD OF APPEALS HEARINGS July 17, 1973 A regular meeting of the Lexington Board of Appeals was held on Tuesday, July 17, 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, R. Morey, W. Brodhead and G. Wadsworth. A large audience of town's people filled the room to capacity. (Some said it was a record crowd.) A reporter from the Lexington Minute -man was present. 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. David L. and June P. Woodland - variance from section 27 of the Lexington zon- ing by-law to maintain the present building at 15 Hibbert Street with a front yard setback of 13 ft. 9 in. instead of the required 30 ft..and to build an addition which will have a front yard setback of 18 ft. instead of the required 30 ft. Battle Green Shell, William Piper, Manager - special permission under sections 25.52 and 25.54 of the zoning by-law of the town of Lexington to store not more than twelve (12) motor vehicles on premises at 46 Bedford Street in an area located at the southeasterly corner of said premises containing approxi- mately 1,920 sq. ft. of land. Said premises house a gasoline station and appurtenances and are located in a CB district. All motor vehicles stored within the designated area will be parked in parallel spaces facing Worthen Road. Lexington Gardens Inc. - special permit under section 30.3 and 12.2 of the Lexington zoning by-law to construct a shed dormer in existing roof of exist- ing building, to be used as offices, at 90 Hancock Street, Robert 0. Tillinghast - special permit under section 30.4 of the zoning by-law to change the existing non -conforming use of the land and buildings located at 7 Oakland Street, Lexington from operation of a printing, binding and publish- ing business to a condominium with ten (10) residential units. The petitioner has an option to purchase the property. Following the hearings the Board made the following decisions, all in public meeting: Woodland: Granted unanimously. Battle Green Shell: Granted unanimously, subject to the following conditions: 1. The Building Inspector shall make a quarterly inspection to see that the number of cars parked in the designated area is not exceeded. 2. The premises shall be kept in a neat and orderly condition. 3. No sales shall be made on the premises. 4. All cars covered by this permit shall be those repossessed by GMAC. 5. This permit shall expire in one year. (July 17, 1974) Lexington Gardens, Inc. - Denied. Mr. Sheldon made a motion to grant the peti- tion. Mr. Brodhead seconded the motion. After further discussion and consider- ation the motion was defeated on a 2 to 3 vote, Mr. Brodhead and Mr. Sheldon I 1 1 1 July 17, 1973 hearings continued Page 2 voting in favor of the petition; Mr. Nickerson, Dr. Wadsworth and Airs. Morey voting in opposition to the petition. Findings are as follows: That the permission requested will not be in harmony with the general purposes and intent of the regulations in the Lexington zoning by-laws. (Under section 12.2 "special permits may be granted when in the judgment of the Board of Appeals the public welfare and convenience will. be substantially served thereby"..) That the enforcement of the Lexington Zoning by-law as to the matter in question would not involve substantial hardship to the petitioner. The 7500 sq. ft. originally granted "to store and sell in conjunction with the opera- tion of a nursery at 93 Hancock St., all of -the supplementary items specified in the subsection 24.5" is deemed to be adequate for this operation. This petition for a special permit has been denied. Robert 0. Tillinghast - Denied unanimously. Appended to the denial were copies of letters from the petitioner, the architect, the planning board and the building inspector. Findings are as follows: "The Board of Appeals may permit a non -conforming use (under section 30) to be changed to any specified use not substantially different in character or more detrimental or objectionable to a neighborhood but it unanimously considers that this use is different in character and agrees with the evidence contri- buted by the abutters that it could be objectionable and detrimental to the neighborhood. In its judgment the public convenience and welfare will not be substantially served by the granting of the permission requested. The per- mission requested may tend to impair the status of the neighborhood. The per- mission requested will not be in harmony with the general purposes and intent of the regulations in the Lexington zoning by-laws. The enforcement of the Lexington zoning by-law as to the matter in question would not involve sub- stantial hardship to the petitioner since he has only purchased an option. It is the unanimous opinion of the Board of Appeals that a zoning change of this magnitude should be decided by Town Meeting." All pertinent material is on file under the name of each petitioner in the Board of Appeal's office. The meeting adjourned at 11:05 p.m. (�IrL Evelyn F. Clerk Cole