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HomeMy WebLinkAbout1976-03-04BOARD OF APPEALS March 4, 1976 The Board of Appeals held a regular meeting on Thursday, March 4, 1976, begin- ning at 7:30 p.m. in the Selectmen's Meeting Room, Town Office Building. Present were: Chairman, Donald E. Nickerson; regular members, Ruth Morey and Woodruff M. Brodhead; associate members: Irving H. Mabee and Thomas G. Taylor. A representa- tive from the League of Women Voters was present and the room was overflowing with spectators. Public hearings were held on the following petitions, notices having been mailed to the proper people and notices advertised in newspaper as required by law: Wilson Farm, Inc. - special permit renewal to continue to operate a roadside stand at 10 Pleasant Street. Robert S. Graves - permit for variance to allow temporary parking of not more than ten motor vehicles on the rear of property at 388 Concord Avenue. This parking will continue to be used in conjunction with Bob's Towing Service of Lexington. Construction Publishing Co., Inc. by Hermon S. Swartz, Treasurer - variance to allow the subdivision into two lots of a parcel of land on Minola Road, shown as Lot #3 on a plan filed with the petition, which parcel now has a frontage of 125 feet on Minola Road and an area of 13,090 square feet; one lot, designated as Lot A, to have frontage of 125 feet on Minola Rd. and an area of 11,869 square feet, and the other lot, designated as Lot B, to have an area of 1,221 square feet and no frontage on Minola Road. Lot B is to be added to an existing lot shown on plan ' and marked "19 Highland Avenue." Lot "A" to be used as a building lot for a single family dwelling. Jordan M. Brickman - variance in order to build an addition to an existing house at 20 Lillian Road with a side yard of 13'9" instead of the required 15'. The Board made the following decisions, all in open meeting with spectators remaining to hear the verdicts. Wilson Farm, Inc. - granted unanimously subject to certain conditions: (same as before). Expiration date March 1, 1978. Robert S. Graves - granted unanimously subject to certain conditions: (same as before). Expiration date April 2, 1977. _Construction Publishing Co. - granted unanimously. Jordan M. Brickman - granted unanimously subject to conditions. See permits for more details. All pertinent material is on file in the office of the Board of Appeals. Other action• The subject of much discussion was a letter from Robert Mammola, Mammola Brothers Corporation, which follows: February 19, 1976 Dear Mr. Nickerson, I am seeking your Board's advice as to whether or not our proposed catering service at 363 Massachusetts Avenue falls within the definition of Section 25.63 of the Zon- 1 1 C� March 4, 1976.(continued) -2 ing By-law. The following is a description of the activities we propose to cater in our function room in the basement of the building at the above address. We propose to cater to christenings, wedding receptions, and private parties. These activities will be strictly private affairs, and no uninvited of off -the - street patronage will be allowed. The Mammola Brothers Corporation will provide facilities, and refreshments if required. No food will be prepared in the basement area, nor will liquor be served by our catering service. We would appreciate your attention to this matter and your advice. Very truly yours, /s/ Robert J. Mammola Mammola Brothers Corporation. The Board in open meeting voted unanimously to respond as follows: Mammola Brothers Corporation 363 Massachusetts Avenue Lexington, MA 02173 Gentlemen: March 5, 1976 Our response to your letter of February 19, 1976 and following our informal meeting February 12th at 2 p.m. with Dr. Clarke, Chairman of Planning Board and Mr. Briggs, Planning Director, is that section 25.63 of our zoning by-law does not qualify us to grant a permit as "caterer" to use your basement room as you request. To us the word caterer means the providing of that type of service, but not to the point of using all or part of a building for seating guests and serving them substantial cooked meals at tables. This sort of use of an area we consider under the "restaurant" heading. We have already considered and denied the use of this area for a restaurant and feel unwilling to reopen the subject. Very truly yours, /s/ Donald E. Nickerson Chairman Board of Appeals P.S. I submitted this question to the full Board last night and they agreed unani- mously to support the statements in the above letter. n Both of the above letters are in the Mammola, Robert and Paul folder of Oct. 2, 1975 and the folder dated August 13, 1974 (denial of a restaurant). Adjourned 9:00 p.m. Respectfully submitted, Evelyn F. Cole Administrative Clerk BOARD OF APPEALS