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
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July 17, 1973 hearings continued
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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