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HomeMy WebLinkAbout1974-07-02BOARD OF APPEALS HEARINGS July 2, 1974 ' A regular meeting of the Lexington Board of Appeals was held on Tuesday, July 2, 1974 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office Building. Present were four regular members and one associate member as follows: Chairman, Donald E. Nickerson; Vice Chairman, George P. Wadsworth; regular members: Woodruff M. Brodhead and Ruth Morey; and newest associate member serving for the first time, Natalie Riffin. Also present were: a Minute -Man reporter, LWV Observer and an audience of townspeople. Public hearings were held on the following petitions, notice having been mailed to those who should legally receive them and to town boards and offi- cials who will or might be affected by decisions made and also advertised in the Lexington Minute -Man newspaper. David F. Pippin and Judith A. Pippin - variance of Section 27 to erect a 10 ft. by 20 ft. garden tool and pool building on the property at 28 Eldred Street 3k ft. from the southwesterly lot line instead of the required 10 ft. W. R. Grace & Co. - site plan review as specified in Section 13 of the Zon- ing By-law of the Town of Lexington and a finding and determination that the office and research laboratory development described by the Master Plan filed with this petition constitutes a suitable development for the property at 55 Hayden Avenue owned by W. R. Grace & Co., issuance of a special permit as required by Sections 25.41, 25.42 and 25.71 of the zoning by-law to pro- ceed with site grading, drain, sewer and driveway construction in anticipa- tion of future building. Lexington Regal Associates - withdrawn by petitioner by letter: DELIVERED IN HAND Lexington Board of Appeals Town Office Building Lexington, Massachusetts Re: Petition of LEXINGTON REGAL ASSOCIATES Dear Madam and Sirs: We would like to withdraw our Petition from your Board and have your permission to do so without prejudice. This means that we will not be appearing before your Board, as scheduled, at 9:00 P.M. (hearing was officially scheduled for 7:45, so the time stated above is in error.) on Tuesday, July 2, 1974. Our engineers have suggested that further work is required, and we concur with their judgment and have authorized them to proceed with the additional work. As soon as all the necessary data has been compiled, we will contact you to schedule a meeting. Very truly yours, LEXINGTON REGAL ASSOCIATES BY: /s/ Herbert Lakehomer HL:caj Notice of the withdrawal of this petition was filed with the Town Clerk. 1 July 2, 1974 (continued) Lexington Regal Associates (continued) M Forthe record, Lexington Regal Associates requested a special permit for a proposed motel and office building development in the CH district on the SOUTHWESTERLY SIDE OF BEDFORD STREET APPROXIMATELY OPPOSITE ELDRED STREET AT THE INTERSECTION OF BEDFORD STREET AND ELDRED STREET, NUMBERED 424 BEDFORD STREET, and for a Finding and Determination that such proposed development, more fully described in preliminary site plans filed with the Board of Appeals, will constitute, in accordance with Section 13 of the Lexington Zoning By-law, a suitable development and will not result in substantial detriment to the neighborhood. The petitioner is the holder of an option to lease the land involved, approximately nine acres, from Bertram Robinson and Robert A. Nuger, the holders of an option to purchase the land involved from the owner. The hearing will be held in the TOWN OFFICE BUILDING on TUESDAY, JULY 2, 1974 at 7:45 P.M. Tektronix, Inc. - site plan review and approval for a special permit pur- suant to Section 13 and related subsections of the zoning by-law, and to make a finding and determination that the proposed placement of buildings, major topographic changes, provisions for waste disposal, surface and ground water drainage, erosion control, -)parking areas, loading areas, maneuvering areas, driveways, the location of intersections of driveways and streets will con- stitute a suitable development and will not result in substantial detriment to the neighborhood. The proposed use of the building is office, electronic equipment servicing, research and development. The location of the property is at the corner of Hartwell Avenue and Bedford Street, containing approxi- mately five acres of land. Statement of Ownership: Petitioner states that it is an owner under agreement of the property by virtue of a purchase and sale agreement dated March 7, 1974. Following the hearings the Board made the following decisions, all in public open meeting: Pippin - granted unanimously to allow a 7 ft. side yard. W. R. Grace & Co. - granted unanimously, covering approval of its ultimate development of its ultimate development of its property at 55 Hayden Avenue, according to the drawings and the representations contained in the petition and letter appended written by that company and subject to the conditions imposed or suggested in the letter of the Planning Board dated July 2 and the Engineering Department letter dated June 20 and that approval must be obtained from the Conservation Commission under the Wetland Protection Act. A further condition is imposed that some construction must be started within 2 years. It is further permitted that the two most easterly build- ings of the complex may be 55 ft. high instead of the permitted 45 ft. maxi- mum to allow open garage space under the regular 3 floors at the eastern end; this will provide for all roof and floor levels to be the same. This will constitute a variance of the Zoning By-law. This issuance of this permit shall not in any manner affect the requirement that a building permit be obtained or any other permit required by statute. The petitioner shall have the obligation to record a notice of this permit as required by statute. Tektronix, Inc. - granted unanimouslythe requested finding and determination and special permission requested according to drawings and data submitted including the verbal presentation of July 2 that the proposed placement of July 2, 1974 (continued) -3 ' the building, major topographic changes, provisions for waste disposal, surface and ground water drainage, erosion control, parking areas, loading areas, maneuvering areas, driveways, the location of intersections of driveways and streets will constitute a suitable development and will not result in substantial detriment to the neighborhood. The proposed use of the building is office, electronic equipment servicing, research and development. This permit is subject to the following conditions: 1. Construction shall start within one year from date or as soon thereafter Town Department and Wetland Act Provisions are met. 2. Suggestions included in appended letters from the Planning Board and Town Engineers shall be satisfied. All ingress and egress to and from the property shall be subject to agreement with the Town. 3. All provisions of the Wetland Protection Act must be complied with. 4. Any rights Hinchey Road owners may have over this land must be maintained. 5. Services by owner at no cost to Town. 6. All shall be in conformity with plans and verbal promises made by petitioner as recorded herein. The issuance of this finding and determination shall not in any manner affect the requirement that a building permit be obtained or any other permit 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 in the Board of Appeals' office. The meeting adjourned at 11:55 p.m. Evelyn F. Cole, Clerk Note: Further deliberation will take place on the official write-up of the Permits for W. R. Grace & Co. and Tektronix, Inc. after the hearings sched- uled for July 9, 1974. (No changes were made in the conditions as listed above.) 1