HomeMy WebLinkAbout1973-10-02BOARD OF APPEALS HEARINGS
October 2, 1973
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
October 2, 1973 at 7:30 p.m. in the Selectmen's Meeting Room of the Town
Office Building. Present were Chairman Nickerson, Vice -Chairman G. Sheldon,
regular members W. Brodhead, G. Wadsworth and R. Morey, a Minute -man Publica-
tions' reporter, a League of Women Voters' observer and an audience of
townspeople.
Public hearings were held on the following petitions, notice having been
mailed to the petitioners, to the owners ofall property deemed by the Board
to be affected thereby (abutters and abutters of abutters) 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 newspaper.
Richard F. Herzog - variance of the zoning by-law of the town of Lexington
so as to maintain the existing dwelling located at 34 Whipple Road with a
front yard setback of 27.5 ft. instead of the required 30 ft.
Barry and Jane Fanburg - variance of the Lexington zoning by-law in order to
build a garage on the property at 20 Sherburne Road with a side yard of 11 ft.
instead of the required 15 ft.
David L. Singer and David M. Epstein, d/b/a Fairlawn Properties - variance
from the Lexington zoning by-law in order to maintain the house and premises
at 10 Cutler Farm Road, which house has inadequate setback of 28.5 ft., more
or less, instead of the required 30 ft.
_The 115 Kendall Corporation - site plan review and approval for a special
permit pursuant to Section 13 and related subsections of the zoning by-law of
the town of Lexington, and to make a finding and determination with respect
to the proposed placement of buildings, major topographic changes, provisions
for waste disposal, surface and ground water drainage, erosion control, park-
ing areas, maneuvering areas, driveways and location of intersections of
driveways and streets will constitute a suitable development and will not
result in substantial detriment to the neighborhood. The proposed one story
building is shown as Lot 3 and numbered 8 Hartwell Avenue.
Gold Ribbon Farms, Anthony R. Cataldo - renewal of special permit to process
and sell fruits and vegetables at premises located at 1265 Massachusetts Avenue.
Following the hearings the Board made the following decisions, all in
public meeting:
Herzog - Granted unanimously.
Fairlawn Properties - Granted unanimously.
Fanburg - Granted unanimously: to build a garage with a side yard of 12 ft.
instead of the required 15 ft.
October 2, 1973 (continued) -2
Gold Ribbon Farms, AnthonyR. Cataldo - Granted 4 to 0, Mrs. Morey abstaining
from voting, subject to the usual conditions and with an 8 condition added as
follows: The owner shall exercise complete supervision over ALL trucking on
this property including those of his lessees.
The 115 Kendall Corporation - Granted unanimously subject to the following
conditions:
1. Approvals must be obtained in writing and transmitted to this Board
from the Planning Board, Town Engineer and Board of Health.
2. The owner must comply with the provisions of the Wetlands Protection
Act (G.L. C. 131, s. 40).
3. Construction of this building and services must be in substantial con-
formity to the plans submitted.
4. Construction must start within one year from date.
5. The Board of Appeals feels that in its judgment the public welfare will
be substantially served, that it will not tend to impair the status of
the neighborhood and will be in harmony with the general purposes and
intent of the regulations in the Lexington zoning by-law.
The issuance of this conditional permit and finding and determination shall
not in any manner affect the requirement that a building permit be obtained
' or any other permit which might be required by statute. The petitioner shall
have the obligation to record a notice of this permit as required by statute.
All pertinent material is on file under the name of each petitioner in
the Board of Appeal's office.
The meeting adjourned at 11:00 p.m.
1
P
Eve1 n F. Cole
Clerk