HomeMy WebLinkAbout1974-02-19BOARD OF APPEALS HEARINGS
February 19, 1974
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
February 19, 1974 at 7:30 p.m. in Room G 15 of the Town Office Building.
Present were Chairman Nickerson, Vice chairman Sheldon, regular members G.
Wadsworth and W. Brodhead, 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 abutting the peti-
tioner's land and to the owners of land next adjoining the land of the 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.
Fourteen Muzzev Realtv Trust. John Reichheld and Robert W. Crooke - variance
of the building by-laws, article XI, section 2; to construct a one-story addi-
tion of third-class instead of second-class construction with full basement.
This addition (39'6" x 16'9") will be to the rear of the existing building at
14 Muzzey Street and will be used by Dr. John Reichheld as a part of his den-
tal office.
Adriaan E. Schrauwen - variance from Section 27 so as to allow for a side yard
of 11 ft. on each side of a proposed dwelling at 17 Green Lane instead of the
required 15 ft. and a front yard setback of 25 ft. instead of the required 30.
Lexington Chalet Inc., Richard S. Kraska - permission to replace the sign at
the Chalet Motor Lodge, 440 Bedford Street for purposes of changing to the new
company logo "Catchpenny". The sign will be approximately the same square
footage with less illumination.
Curtin Realty Trust - special permit, section 30.3; to add a second floor to
an existing non -conforming building located at 428 Marrett Road, owned by
Curtin Realty Trust, 419 Marrett Road, Daniel P. Curtin and Eleanor M. Curtin,
Trustees. Present zoning is CG General Business. Also requested is a vari-
ance from the zoning by-law to allow 6 parking spaces instead of the required
17 (section 32.1) and a variance from the town building laws to allow for an
external second exit. The proposed additional space will be used for offices
for Curtin Realty Trust on the upper level.
Corazzini Bros. by Richard R. Corazzini - special permit for the retail sale
of nursery products at 7 Blossom Street in accordance with the regulations
set forth in the zoning by-law, section 24.5. The proposed sales area will
be in a portion of the existing building as shown on the plot plan submitted.
Following the hearings the Board made the following decisions, all in
public meeting:
Fourteen Muzzey Realty Trust - Granted unanimously. Construction must start
' within one year from date.
Adriaan E.-Schrauwen - Granted unanimously. Construction must start within
one year from date.
February 19, 1974 (continued) Page 2
'Lexington Chalet Inc. - Granted unanimously, subject to the following
conditions:
1. The aggregate area of the sign shall not exceed 118 ft. and the
overall height shall be not more than 25 ft.
2. The sign shall be internally lighted but the illumination shall be
35% less than the present volume of illumination.
Curtin Realty Trust - Granted unanimously, subject to the following
conditions:
1. The owners shall minimize parking on this lot and endeavor to park
their own and other cars on adjacent land owned by them.
2. That they shall legalize adding part of lot 230A to 230B as shown
on the Miller and Nylander plot plan.
3. That the advice of the Conservation Commission that there shall be
no additional filling, blacktop or oil pollution shall be followed.
Corazzini Bros. - A sense of the meeting vote was passed by the Board favor-
ing the granting of the petition. It was also voted to defer a formal vote
for one week to February 26, 1974. D. Nickerson was not present on Feb. 26.
' 0n February 26, 1974 the Board voted unanimously to grant the petition
for the following reasons:
1. That in its judgment the public convenience and welfare will
be substantially served by granting the permission requested.
2. That the permission requested will not tend to impair the
status of the neighborhood because certain conditions will be imposed
to protect the neighborhood.
3. That the permission requested will be in harmony with the gen-
eral purposes and intent of the regulations in the Lexington zoning
by-laws.
4. The Board finds that a denial of this request would involve
substantial hardship to the petitioner and that the granting of the
petition would not involve substantial detriment to the public good
when conditions are included.
Pursuant to the said findings, the Board unanimously decided to
grant Corazzini Bros. a special permit for the retail sale of nursery
products at 7 Blossom Street in accordance with the regulations set
forth in the Lexington zoning by-law, section 24.5. The proposed
sales area will be in a portion of the existing building as.shown on
the plot plan by Miller and Nylander, dated January 24, 1974, entitled
"Plan of Land in Lexington, Mass." The following conditions are imposed:
1. The sales area will be limited to 5,000 sq. ft.
2. The hours of operation will be 9 a.m. to 5 p.m. on weekdays,
8 a.m. to 6 p.m. on Saturdays and no selling on Sundays.
' 3. There shall be no exterior lighting.
4. The only place open to the public will be the sales area.
5. Parking will be limited to 25 cars.
6. No customer's cars shall be parked on Blossom Street.
7. The parking area shall not be blacktopped.
February 19, 1974 (continued)
Corazzini Bros. conditions continued
Page 3
8. There shall be no outside sales or storage of materials
permitted.
9. Only items permitted under section 24.5 shall be sold, except
Christmas trees and wreaths shall not be sold.
10. This permit is granted for two years and expires on March 1,
1976.
For the record: The Board on February 26, 1974 voted to go into
executive session for the purpose of discussing matters which if made
public might adversely affect the reputation of persons; this in
regard to the Corazzini Bros. petition. The vote to grant the petition
was taken in open public session, also the conditions were discussed
during public session.
All pertinent material is on file under the name of each peti-
tioner in the Board of Appeal's office.
The meeting adjourned at 12:16.
1
n
Evelyn F. Cole, Clerk
CORAZZINI BROS. HEARING
' 7 Blossom Street
February 19, 1974
The Chairman read the notice as follows:
The Board of Appeals will hold a public hearing on the petition
of CORAZZINI BROS. by Richard R. Corazzini for a special permit for
the retail sale of nursery products at 7 BLOSSOM STREET in accordance
with the regulations set forth in the zoning by-law, section 24.5.
The proposed sales area will be in a portion of the existing building
as shown on the plot plan submitted.
The hearing will be held TUESDAY, FEBRUARY 19, 1974 in the TOWN
OFFICE BUILDING at 8:20 P.M.
This notice was published in the Lexington Minute -Man and people notified
as required by law.
Present at this hearing were: Donald E. Nickerson, Chairman
George C. Sheldon, Vice Chairman
George P. Wadsworth
Woodruff M. Brodhead
and Haskell W. Reed, Associate Member
Also present were a Minute -Man reporter, a League of Women Voters' observer
and several interested townspeople.
Chairman: You have supplied us with two drawings, copies of a plot plan
showing your whole property and you have designated the building that will
be used as the sales area which will be one-half of an existing building
(50 ft. by 200 ft.).
Richard Corazzini: This is the same plan which was submitted with the
petition. (He displayed a large plan.) Basically we would like to offer for
retail sale to the public plants and flowers and related items. We believe
that all the necessary requirements can be met and intend to follow the regu-
lations as set in 1972 by the Town Meeting under section 24.5. He showed the
area for parking and said "This will be the only area open to the public", as
he designated the retail sales area on the plan.
The first greenhouses on the property were built between 1900 and 1910.
The original Corazzini partnership started on Dec. 7, 1938 (35 years ago j.
The present one on July 20, 1964 - almost 10 years ago. (Richard & Fred)
They have been operating continuously through the years growing at first
vegetables and presently cut flowers and pot plant crops. The present
energy shortages and fuel oil costs have curtailed any planned green-
house construction. To keep pace with the economy and sound business
practices something must be done.
Thank you, Mr. Chairman, I hope I can answer any questions you or the Board
may have.
Chairman: You would certainly have sufficient area. You have a large acreage
Corazzini hearing (continued)
and if you need more parking space you could provide it
to hot top?
Page 2
You don't intend
Answer No. We could use crushed stone. We may put in a walkway to the
green house. This is where the sewer line is planned to go. The town took
land from us to do this.
Mr. Sheldon: If more parking is needed you could provide it.
Mr. Corazzini: There are probably 17 or 18 cars for the Concord Ave. green
house. I doubt we'd need more.
Mr. Sheldon: You would provide more if necessary?
Answer: Yes, and I see no reason why it should be blacktopped.
Mr. Reed:asked further questions about parking.
Mr. Corazzini showed on the plan how it could be expanded. He said that he
felt that there was more than enough room for 25 cars. He spoke of the 40
ft. wide road 20 cars could go around if they need to.
G. Wadsworth: Are you going to bring in plants to sell?
Mr. Corazzini: We can raise almost anything now. There may be items we
would want to bring in and some plants. I think we should have the related
items to go with the plants...... that is .... what a special permit would
allow us to sell.
Chairman: Does anyone wish to speak in favor?
Nobody spoke in favor.
(A letter was received in favor and it was read later.)
Chairman: Anybody in opposition?
Neil Chayet, Attorney, 272 Concord Ave.: I live directly across the street.
He explained where his driveway was in relation to the petitioner's property.
He presented a petition (2 sheets of signatures) with a total of 22 different
names, all in opposition to the petition and a letter from Betty Flynn, neigh-
bor and town meeting member who was also in opposition.
Mr. Chavet said he had a few remarks to say in regard to parking...:'getting
them in and getting them out again;'where his words. He said that it was
like Russian Roulette. There's a blind rise. It is only at the last moment
that you can see the cars coming out onto Concord Avenue. The increase in
volume of these cars would impair the status of the neighborhood and be a
danger to the fifteen children in the neighborhood. The road is less than
25 ft. wide and is not a suitable access to another kind of business. The
increase:weuld be on a daily basis. He spoke of the increase of trucks as
well as automobile traffic. He made reference to section 24.5. He said that
greenhouses have preferential treatment and thinks it is inappropriate. He
referred to warrant articles proposed for the next town meeting and said that
Corazzini hearing (continued) Page 3
it was the wrong time to pass this kind of thing.
Chairman: The list of proposed articles is narrowed. Also we refer to the
introductory sentence of 24.5 that this can be granted where the board
determines that the character of the neighborhood will not be impaired.
Now I think that there are a few people here who would oppose this petition.
I urge you ......... I have two admonitions: if you have signed the petition
say so and try to confine yourself to something new. Repetition will do
you no good.
Patricia E. Frey, 26 Blossom St.: I did not sign the petition. My house
is in view of the site. She insisted that this would be a traffic hazard
if this petition were granted. (1) Blossom St. opens onto Route 2. (2)
Children play on that culdasac and the children cannot be seen. She spoke
of the driveway next to the house. They slide there, she said, and you can't
see them. There is no sign on the driveway. For three reasons, she said,
I am in opposition.
Peter Ronchetti, 4 Blossom St.: My house sets on sort of a knoll. I have
tried to keep children from sliding there. I have also been annoyed by the
noise of large fans. I have to keep the house shut off. I did call the
police, I threatened to call. Trucks are not supposed to come in there.
There's no sidewalk. It's a private way. There's no other retail outlet
that doesn't have another way out. We have Wagon Wheel's in this neighbor-
hood and there's no need for another of this kind of business here. I hope
the Board doesn't make me a policeman for this. That's all I have to say.
Robert D. Patterson 21 Blossom St.: I would just like to support those
who have spoken in opposition. Two cars can't pass on the street. It's not
two way. The parking area is now landfill and if there's going to be addi-
tional parking there will need to be more fill in the area to make it usable.
It will become a commercial area.
Harry G. MacDonald wrote a letter in opposition.
Gordon Brigham, Concord Ave.: I pick up baby sitters and it's hazardous.
Since there is pending action to be before the town I think there should be
no action at this time.
Chairman: Be sure you get the full import of this. It's mostly the setback
and area requirements that the warrant articles,proposedto revise 24.5, would
affected.
The Chairman read the letter in favor from Norman H. Pendergast, 29 Webster Rd.
Chairman: We had a letter in opposition from Mr. and Mrs. Min.
that
Gordon Brigham requested/the lettersin opposition be read.
The Chairman continued: We have a letter from Elizabeth Flynn, Mr. MacDonald
of 25 Blossom St.
The Chairman read the letter from the Planning Board. The hearing was declared
closed at 9 p.m. �1,-C - -\�, 6 ?R_
Evelyn F. Cole, Clerk