HomeMy WebLinkAbout1974-11-07 BOARD OF APPEALS HEARINGS
November 7, 1974
A regular meeting of the Lexington Board of Appeals was held on Thursday,
November 7, 1974 in the Selectmen's Meeting Room of the Town Office Building at
7 30 p m Present were Chairman, D E Nickerson; Vice Chairman, G P Wads-
worth; regular members W Brodhead, L Clarke, Jr , and Ruth Morey
On this date the official photograph for the town report was taken (at about
7 45 p m ) with associate members Haskell W Reed, Robert Gary, Natalie Rif fin
and Irving Mabee, present Robert Cataldo and Thomas G Taylor were absent
As usual a Minute-Man reporter was present and a room full of townspeople
Also present was a reporter for the "Patriot" a new local newspaper
Public hearings were held on the following petitions, notice having been
mailed to those who should legally receive them and to town boards and officials
who will or might be affected by decisions made and also advertised in the Lex-
ington Minute-Man newspaper, all as required by law
Robert E Doran - permission under Sections 25 33, 25 34 and 24 5 of the Zoning
By-law to continue the operation of a roadside stand for the sale of flowers,
plants and other nursery and farm goods on the premises located at 150 East St
and also for the sale of Christmas trees, wreaths, etc in the appropriate season
The applicant is the owner of the premises
' Richard A. Maguire - variance from Section 27 to build a garage (22' x 22') which
will be attached to an existing house at 33 Columbus Street The garage will
have a setback of 22 ft from the street instead of the required 30 ft The gar-
age setback is from the corner of a hammerhead turn-around The house has more
than sufficient setback
Highland Farm, Robert A Modoono - permission to continue to operate a stand for
the sale of evergreens, shrubs, various other plants including annuals, perennials,
indoor house plants and flowers and garden supplies on lot abutting 192 Woburn St ;
also to sell Christmas trees, wreaths, etc in the appropriate season
Albert R Piantedosi - variance from the Zoning By-law to allow for the temporary
parking of not more than twenty-five (25) motor vehicles on the lot owned by the
applicant at 443 Lincoln Street The area where the motor vehicles will be parked
will not be visible from the street
Following the hearings the Board gave further consideration to the subject of
all petitions, the evidence presented by the petitioners and others and the reports
and letters received, including the letters received from other town boards and
officials and made the following decisions , all in public open meeting
Doran - granted unanimously, subject to the following conditions
1 The use of all pesticides shall be so controlled as to prevent any injury
to the health of the consumers
2 Sufficient parking area shall be provided
3 No outside lighting shall be used
4 Premises shall be operated during daylight hours only
5 The premises shall be kept neat and clean
6 A reasonable effort should be made to eliminate dust problems in dry
weather
7 This permit expires November 15, 1976
November 7, 1974 hearings (continued) -2
Maguire - granted unanimously, subject to the condition that construction must
begin within one year from date
Modoono - granted unanimously, subject to the following conditions:
1 All provisions of Sections 25 33 and 40 shall apply to this permission
2 No parking on driveways shall be permitted within 10 ft of the rear
of the properties on Webb Street
3 No flood lights shall be permitted
4 Hours of operation shall be 8 00 a m to 7:00 p m , 5 days a week, one-
half day on Saturdays, except 7 days a week during the Christmas season
5 The sale of hardware and lawn tools, etc are expressly prohibited
6 No signs such as requested previously shall be permitted
7 No trucking will be permitted in and out before or after the hours
specified in condition No 4 No trucks shall be allowed to arrive
and stay overnight, especially with motors running
This is a roadside stand permission and should be regarded primarily as
such This permit shall expire on November 10, 1976
Piantedosi - granted unanimously, subject to the following conditions: that the
cars shall be parked to the rear of the garage far back on the property and that
this area be maintained in a neat and orderly condition No signs nor lighting
shall be permitted Only cars damaged or owned in Lexington may be parked in
this area Also included are the following statements It is believed by the
Board that this would fill a much needed service to the Town Insurance cases
are not as rapidly settled as formerly and damaged cars must be stored until
examined and the cases settled This lot at 443 Lincoln St is isolated, tra-
versed by power lines and unsuited for agricultural use No further residential
use can be made on account of the power lines Refusal of this petition would
create financial hardship There was no opposition to the petition and it is
impossible for the Board of Appeals to believe that there will be detriment to
the public good This permit will expire two years from December 12 (12/12/76)
Decisions were filed with the Town Clerk, as always
All pertinent material is on file in the Board of Appeals' office
A gentlemen's agreement to make all motions to GRANT petitions and let them
be granted or denied from that motion was discussed by the regular members present
and agreed upon by them (This in preference to a vote to DENY and a possible 3
to 2 vote, with the question remaining as to whether this vote needed a 4 to 1 or
majority vote, as does a vote to grant )
The meeting adjourned at 9 30 p m
Respectfully submitted,
Cs \ * C-441
Evelyn F Cole, Clerk
BOARD OF APPEALS