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HomeMy WebLinkAbout1975-10-23 BOARD OF APPEALS HEARINGS October 23, 1975 A regular meeting of the Lexington Board of Appeals was held on Thursday, October 23, 1975 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 Chairman Donald E Nickerson, Vice-Chairman George P Wadsworth, Ruth Morey, Woodruff M. Brodhead, and Associate Irving H Mabee Also present in addition to petitioners and/or their attorneys, were a Lexington Minute-Man reporter, two representatives from the League of Women Voters, and a room full of townspeople Public open 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 See copies of the permits which were issued for these hearings for more details Follen Church Society - special permit, as required by Section 25 34, to sell Christmas trees at 764 Massachusetts Avenue, during December 1975 and December 1976 G B Cowperthwaite - variance of Section 27 to allow the construction of a 22' x 20' deck with a carport under to be added to an existing dwelling at 11 Buckman Drive The new construction will leave a side yard of 15 ft instead of the required 20 ft as required for corner lots David G Ahern - variances of Section 27 to construct a garage on the property at 26 Dewey Road which will have a 26 ft setback and 5 ft side yard It is claimed that the steep slope of the site and the location of the existing driveway would make it an undue hardship to locate the garage in any other position on the site At this hearing it became known that a 26 foot variance was not sufficient to build the garage requested There was considerable deliberation The Board considered the fact that the sixty abutters who were notified of the hearing should be able to expect that no more than what is requested will be granted Granting this petition will prevent the Aherns from constructing the garage as proposed, whereas, denying the petition would prevent a resubmittal within 2 years unless 4 members of the Planning Board agreed that the request should be reheard Michael Colangelo and Josephine Colangelo - special permit, pursuant to Section 13, requiring a site plan review and finding and determination, for construction and operation of a building for office and research and development, on Hartwell Ave , as shown on plans submitted to the Board of Appeals Some serious concern was expressed by the Chairman, who had been contacted by Mr Ray H Cone, Jr , Tektronix, Inc , who had purchased a lot adjacent to this one under consideration, from The 115 Kendall Corp (Colangelo) Mr Cone claimed that a commitment made to them for sewer and water connections had not been honored Mr Colangelo and his attorney, Frederick Conroy, claimed that an agreement had been made with the Town and a new written agreement with Tektronix had been signed in this regard (Tektronix received a special permit from the Board of Appeals July 2, 1974, and their building has been constructed on the corner of Bedford St and Hartwell Avenue ) Following the hearings the Board made the following decisions, all in open public meeting October 23, 1975 (continued) -2 Decisions Follen Church Society - granted unanimously for December 1975 and 1976 with the same three conditions Ahern - granted unanimously, as requested (26 ft setback, 5 ft side yard) Cowperthwaite - granted unanimously Colangelo - granted unanimously Provisions included in the letters of the Planning Board, Town Engineer and Design Advisory Committee are part of the permission and also construction shall be started within the period of one year; and lighting of the premises shall be suffi- cient for operating and protection against vandalism, but shall not be accessive and shall be focused on the area involved and not be objectionable to abutters As stated above, see permits for more details All pertinent material is on file in the Board of Appeals' office The meeting adjourned at 10 30 p m. Respectfully submitted, 72' Cd- Evelyn F Cole Administrative Clerk Board of Appeals I