HomeMy WebLinkAbout1973-10-16BOARD OF APPEALS HEARINGS
' October 16, 1973
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
October 16, 1973 at 7:30 p.m. in the Selectmen's Meeting Room of the Town
Office Building. Present were Chairman Nickerson, Vice -Chairman Sheldon,
regular members R. Morey and W. Brodhead and associate member Robert Cataldo,
a Minute -man Publications' 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 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 newspaper.
Herbert Von Hartel and Margrit Von Hartel - variance of the Lexington zoning
by-law to maintain the existing dwelling at 15 Deering Avenue which has a
9.3 ft. sideyard instead of a required 10 ft. sideyard.
George J. Gassmann and Maria E. Gassmann - variance of the Lexington zoning
by-law to permit maintaining the existing dwelling at 33 Whipple Road on a
lot of land which has insufficient area and with a setback from Whipple Road
of 28.60 ft. instead of the required 30 ft.
' John H. Kefalas and Alice U. Kefalas - variance of the zoning by-law to sub-
divide the property at 126 Burlington Street into two lots, the first of which
(Lot A) would have a frontage of 191.83 ft. on Burlington Street and an area
of 0.9 acres, the second of which (Lot B) would have insufficient frontage on
Emerson Road of 70 ft. and an area of 1.0 acre, all as shown on the plan
filed.
Custance Bros. Inc., Robert W. Custance - variance from the Lexington zoning
by-law to build and maintain a storage building on the property at 68 Bedford
Street. The building will be one story in height (40' x 100') according to
plan submitted. Permission is also requested to remove two buildings from
the premises, these being a paint shop and shed.
Nishan Haroian and Elizabeth D,. Haroian (Minuteman Village) - site plan review
under Section 13 of the zoning by-law of the town of Lexington, for a special
permit for a finding and determination that the proposed placement of build-
ings, major topographic changes, provisions for waste disposal, surface and
ground water drainage, erosion control, parking areas, loading areas, maneuver-
ing areas, driveways, and the location of intersections of driveways and
streets will constitute a suitable development and will not result in substan-
tial detriment to the neighborhood. The land involved in this petition con-
sists of approximately 7.9 acres, is located off Concord Avenue and is pres-
ently known as and numbered 353 Concord Avenue. It is wholly owned by the
petitioners. The land involved has a zoning classification of RM -Multi -family
(garden apartment) dwelling district, and the petitioners propose to erect
thereon 86 units consisting of 16 one -bedroom units and 70 two-bedroom units
together with a community center building, appurtenant structures, including
garages, roads and parking spaces, all as appear on the plans submitted.
October 16, 1973 (continued)
Following the hearings the Board made the following decisions, all in
public meeting:
Von Hartel - Granted unanimously.
Gassmann - Granted unanimously.
Custance Bros. Inc. - Granted unanimously, subject to the following
conditions:
1. An effort shall be made to relieve the undecorated surfaces of the
cement blocks.
2. The promise to clean up his whole yard, as far as possible, must be
executed.
3. Construction must be started within one year from date.
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Kefalas - Withdrawn by the petitioner's attorney on the day of the hearing.
Haroian (Minuteman Village) - Granted unanimously subject to the following
conditions:
1. ALL provisions contained in the letter from the Town Engineer shall
be complied with and it shall be distinctly understood that item (5)
in their letter referring to width of roadways in the double-barrel
roadways must be settled to the satisfaction of the Engineering
Department. (T.E. letter is appended to the permit.)
2. An effort must be made to do some planting in the area between the
circumferential road on the east side and the adjoining neighbor's
property.
3. The Board of Health requirements must be satisfied.
4. The Wetlands Protection Act, as administered by our Conservation
Commission, must be complied with.
5. Construction must be started within two years from date.
All pertinent material is on file under the name of each petitioner in
the Board of Appeal's office.
The meeting adjourned at 10:00 p.m.
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Evelyn F. Cole -
Clerk