HomeMy WebLinkAbout1975-06-19BOARD OF APPEALS HEARINGS
' June 19, 1975
A regular meeting of the Lexington Board of Appeals was held on Thursday,
June 19, 1975 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office
Building. Present were four regular and one associate members: Chairman D.
E. Nickerson, Vice -Chairman G. Wadsworth, W. Brodhead and L. Clarke, and
associate member Thomas G. Taylor. Also present were a room full of towns-
people and a Minute -Man reporter in addition to petitioners or their attorneys.
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.
J. R. Sinek and Mary W. Sinek - special permit, pursuant to section 30, to
rebuild a garage on the property at 8 Robbins Road with a rear yard of 10'4"
instead of the required 15 ft.
Russell's Texaco Station - special permit under section 25 to install a Kold-
Draft ice cube merchandiser, model #38 single door model, directly adjacent
to the Russell's Texaco Filling Station Building at 400 Lowell Street, corner
of Woburn and Lowell streets at Countryside. The ice merchandiser will store
bags of ice cubes that will be available to customers only during the hours
that the filling station is open.
D. M. Gill - variance of section 27 to maintain an existing dwelling and
garage at 66 Spring Street with a 3.2 ft. more -or -less side yard instead of
the required 15 ft.
G. Ruth McCormack and Marvelene R. Dailey - special permit to erect and main-
tain a free-standing sign on the premises at 1620 Massachusetts Avenue, said
sign being approximately 3 ft. by 5 ft. and supported by two posts.
Nishan Haroian and Elizabeth D. Haroian, 353 Concord Avenue - site plan
review under section 13 of the zoning by-law for a special permit for a find-
ing and determination that the newly proposed development of Minuteman Village,
consisting of 86 units to be constructed and one existing unit to be retained
will constitute a duitable development and will not result in substantial
detriment to the neighborhood. The development is described in considerable
detail in materials submitted to the Board of Appeals and complies in all res-
pects with the requirements of the RM -Multi -family (garden apartment) district,
except, that certain variances are requested from the provisions of section 27
of the zoning by-law (schedule of dimensional controls): to permit certain
rear yards to be reduced below 40 ft. and to permit the existing house to
remain on its present location, but having a front yard of less than 40 ft.
The land involved in this petition consists of approximately 7.9 acres, is
located off Concord Avenue and is presently known as 353 Concord Avenue. It
is wholly owned by the Petitioners. The land involved has a zoning classifi-
cation of RM -Multi -family (garden apartment) dwelling district, and the Peti-
tioners propose to erect thereon 86 housing units, consisting of 10 one -bedroom
units and 76 two-bedroom units together with a community center building, swim-
ming pool, appurtenant structures, including garages, roads and parking spaces,
all as appear on the plans submitted to the Board of Appeals.
Following the hearings the Board made the following decisions, all in open
public meeting:
June 19, 1975 hearings (continued) -2
Sinek - granted unanimously.
Russell's Texaco - denied, 3 to 2, Mr. Clarke and Dr. Wadsworth voting in
opposition to the petition.
Gill - denied, 3 to 2, Mr. Nickerson and Dr. Wadsworth voting in opposition.
McCormack and Dailey - withdrawn by petitioners.
Haroian - granted unanimously. Certain conditions were imposed.
(1) That no building permits shall be issued until a complete set of Engineer-
ing drawings are approved by the Town Engineering Department.
(2) That a lancscaping plan be developed and approved by the Planning Board
prior to construction of the project.
(3) That an internal fire alarm system be installed, and be approved by the
Lexington Fire Department.
(4) Underground installation of utilities, particularly electric and tele-
phone, shall be required, with foundations for street lights with wireing in
place.
(5) Evergreens shall be planted sufficiently thick and sufficiently high to
screen the project from the neighboring properties on Waltham Street and
Piper Road.
(6) The Board of Health requirements must be satisfied.
(7) The height of the buildings shall comply with the zoning by-law. (2� stories).
(8) The Wetland Protection Act administered by the Conservation Commission shall
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(9) Construction must be started within two years from date.
(10) A building permit must be obtained from the Lexington Building Department.
(11) The petitioner shall have the obligation to record a notice of this permit
at the Registry of Deeds as required by statute.
Variances were granted to reduce the rear yards of four of the buildings from
40 ft. to: (1) in the case of a grouping of 4 units C (2 -bedroom townhouses) to
27 ft. at one corner and 34 ft. at another; (2) in the case of a grouping of 2
units C (2 -bedroom townhouses) and 2 units B (1 -bedroom townhouses) to 26 ft;
(3) in the case of a grouping of 2 units C (2 -bedroom townhouses) and one unit
B (1 -bedroom townhouse) to 26 ft.; and (4) in the case of 1 multiple building,
number 4, to 35'. These variances are all shown on Site Development Plan Sheet
SP -1 by John G. Danielson, dated May 1975. The existing house shall be retained
in its present location.
We consider that these variances allow for a better grouping of the whole devel-
opment and do not adversely affect the area, and can be granted without substan-
tially detriment to the public good; that they will not nullify or substantially
derogate from the intent or purpose of our zoning by-law; and that they should
be regarded as special conditions affecting this particular parcel of land but
not affecting generally the zoning district in which they are located. We are
also influenced by favorable reports from the Planning Board and Design Advisory
Committee after their studies of the petition.
All pertinent material is on file in the Board of Appeals' office.
The meeting adjourned at 11 p.m.
Respectfully submitted,
Evelyn F. Cole, Secretary/Clerk