HomeMy WebLinkAbout1975-05-29BOARD OF APPEALS HEARINGS
May 29, 1975
A regular meeting of the Lexington Board of Appeals was held on Thursday,
May 29, 1975 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office
Building. Present were three regular and two associate members of the Board
of Appeals: Chairman Donald E. Nickerson, Vice -Chairman George P. Wadsworth,
and Ruth Morey; associates, Robert Cataldo and Natalie Riffin. Also present
were: a Minute -Man reporter and a room full of townspeople as well as the
petitioners or their representatives.
Public hearings were held on the following petitions, notice having been
mailed as required by law to abutters, etc. and to town boards and officials.
Notices were published in the Lexington Minute -Man newspaper as required.
Adele W. Spellenberg - variance from the zoning by-laws to permit the petitioner
to convey a portion of her non -conforming lot of land at 505 Lowell Street to
an abutter in exchange for the abutter conveying to the petitioner a somewhat
larger parcel of land the effect of which would be to increase both the front-
age and the square footage of the petitioner's non -conforming lot without
reducing the abutter's lot to a non -conforming lot all as shown on a plan sub-
mitted to the Board of Appeals.
Eleanor E. Noz and William C. Noz - variance of section 27 for an addition to
existing buildings at 108 Reed Street with a side yard of 11.33 ft. instead of
' the required 15 ft.
James C. Wood, Jr. and Martha C. Wood - permission to maintain existing house
at 51 Gleason Road with a 9 ft. side yard instead of the required 10 ft. and
to build an addition with a side yard of 7'k ft. instead of the required 10 ft.
due to a bay window projection on the second story.
The 115 Kendall Corporation - site plan review and approval for a special permit
pursuant to Section 12.2 and 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, maneuver-
ing areas, driveways and location of intersections of driveways and streets will
constitute a suitable development and will not result in substantial detriment
to the neighborhood. The proposed one story building is shown as Lot 2 and num-
bered 6 Hartwell Avenue, containing 5 acres of land, as shown on plans submitted
to the Board of Appeals. Withdrawn by the petitioner.
Jean -Alain Dupon, owner of the Restaurant, Le Bellecour, lessee of premises
occupied by restaurant at Lexington Mews Building, 10 Muzzey Street - special
permits pursuant to Sections 12.2 and 25.69: (a) to increase the seating cap-
acity by 46 at the Restaurant, LeBellecour. Such additional seating will be
located at the courtyard of the Mews Building. Such special permit is requested
to continue from year to year on a seasonal basis, namely, May 1 to October 15,
with hours of operation, 11:30 a.m. to 11:30 p.m., 6 days a week,•Monday through
' Saturday and 4:00 p.m. to 10:00 p.m. on Sundays. (b) to conduct a "function
room" at the lower level at the Restaurant, LeBellecour, 10 Muzzey Street, during
the normal and usual business hours of the main restaurant to include Sundays
after 12:00 noon. Such special permit is requested for year around use.
May 29, 1975 hearings (continued) -2
' Following the hearings the Board made the following decisions, all in open
public meeting:
Spellenberg —granted unanimously. This permit does not exempt the petitioner
from obtaining any other permit required by statute and in accordance with State
law, before this permit for variance becomes effective, notice that such a
permit has been issued must be recorded at the Registry of Deeds by the Petitioner.
The issuance of these conditional special permits shall not in any manner
affect any other permits which might be required by statute.
All pertinent material is on file in the Board of Appeals' office.
The meeting adjourned at 10 p.m.
Respectfully submitted,
Evelyn F. Cole, Secretary/Clerk
Noz
- granted unanimously.
Wood
- granted unanimously.
Kendall - Withdrawn by the petitioner.
Jean -Alain Dupon (a) granted unanimously with the following conditions:
(1)
This courtyard area may be used as an extension of the restaurant from
May 1 to October 15 each year.
(2)
The Board of Appeals would have no objection to a liquor license being
extended to this area for a period of a year. (The Board of Selectmen
grant liquor licenses.)
'
(3)
Hours of operation in this area may be 11:30 a.m. to 11:30 p.m.
6 days a week (Monday through Saturday) and 4 p.m. to 10 p.m. on Sundays.
The hours of serving food shall be determined by the Board of Selectmen
through their power to grant a Common Victualler License.
(4)
No cooking will be allowed in this courtyard area.
(5)
The intensity of lighting shall not be increased.
(b) granted unanimously with the following conditions:
(1)
The rules and regulations for fire, safety and health must be met.
(2)
The maximum capacity in this function room shall be 62 people.
The issuance of these conditional special permits shall not in any manner
affect any other permits which might be required by statute.
All pertinent material is on file in the Board of Appeals' office.
The meeting adjourned at 10 p.m.
Respectfully submitted,
Evelyn F. Cole, Secretary/Clerk
C
1
June 5. 1975
Reaular Members
"an update"
Donald E. Nickerson, Chairman
Ruth Morey
Woodruff M. Brodhead
George P. Wadsworth, Vice Chairman
Logan Clarke, Jr.
Associate members:
Haskell W. Reed
Irving H. Mabee
Robert Cataldo
Robert M. Gary
Thomas G. Taylor
Natalie Riffin
terms expire March 31
1977
1976
1978
1979
1980
(all appointed for one year)
4
1st appointed 1970
1971
1972
1973
1973
1975
Administrative Clerk: Evelyn F. Cole (Mrs. Lincoln P. Cole, Jr.)
(1970 -secretary to Planning Board)
(May 3, 1971 -Board of Appeals)