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HomeMy WebLinkAbout1974-11-07BOARD 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 Riffin 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, C'a,r." \;r Cp&, Evelyn F. Cole, Clerk BOARD OF APPEALS