HomeMy WebLinkAbout1976-09-30BOARD OF APPEALS
' September 30, 1976
The Board of Appeals held a regular meeting on Thursday, September 30, 1976
beginning at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office Building.
Present were: George P. Wadsworth, Vice Chairman, acting'chairman;
Woodruff M. Brodhead, regular member;
Thomas G. Taylor, newly appointed regular member (appointed 9/27);
Robert Cataldo, associate member;
Robert Gary, associate member;
Donald E. Nickerson retired as Chairman of the Board of Appeals on Sept. 15, 1976.
Public hearings were held on the following petitions, notices having been
mailed as required by statute and advertised in the newspaper.
Mary J. Walsh Convalescent and Nursing Homes Trust, James N. Walsh, Trustee, and
Thomas R. Walsh, Trustee - special permit under section 25.22 to build an addition
to the Fairlawn Nursing Home at 265 Lowell Street. The bedroom addition will be
39 feet 2 inches wide by 115 feet 4 inches long, and will have a dining/lounge
area 36 feet 7 inches by 49 feet on one end. There will be two stories above the
basement, having a total of 24 single patient rooms with private lavatories.
Each floor will contain a common bath and utility room, a dining area and lounge,
and service rooms. The basement will contain the following areas: physical
' therapy, examination and consultation, storage, owner's suite, barber and hair-
dresser, generator, laundry and general activity space. All floors will be linked
by stairs and a new bed -size elevator. The addition will net the Fairlawn Nursing
Home only 8 additional beds under license and will provide the Nursing Home with
facilities for improving patient care, since interior renovations in the existing
portion will convert patient rooms into other uses at a loss of 16 beds. The
operating experience at the property indicates that an increase in the present
parking capacity of 65 will not be necessary. When the addition is complete,
there will be less than 10% of the property covered by building. This is a re-
petition of a previous petition that was granted by the Board of Appeals unani-
mously on January 8, 1974 but must now be resubmitted due to legal technicalities.
Louis J. DiLuna - variances of the Lexington Zoning Bylaw to maintain 3 lots on
Wellington Lane, adjacent to Cambridge Concord Highway, lots shown on a plan by
Miller and Nylander, dated July 29, 1976, entitled, "A Compiled Plan of Land in
Lexington, Mass." as 3 legal building lots as follows: Lot A-1 with area of
17,050 sq. ft. and 110 ft. frontage; Lot B-1 with area of 17,190 sq. ft. and 95
ft. frontage; and Lot 105A. These lots are identified as Lots 103A, 103B and
105A on Town of Lexington Property Map 9. Lots 103A and 103B are shown on the
Town Map with an easement. The easements are identified as Lots A-2 and B-2 on
the July 29, 1976 Miller and Nylander plan. Lots A-2 and B-2, total area 5,180
sq. ft., will be added to Lot 105A to provide access to the turnaround at the
end of Wellington Lane. The house on Lot 105A, presently numbered 19 Wellington
Lane, faces Route 2 with no access from this State highway. A plan by Miller
and Nylander, showing these three lots, was approved by the Planning Board, Aug.
' 1966, on a Form A, "Planning Board approval not required under the subdivision
control law". This 1966 plan was a result of a state land taking for Route 2.
Scottish Rite Masonic Museum and Library, Inc. - special permit for a free stand-
hearing September 30, 1976 (continued)
Page 3
' ing sign on the property located at the junction of Massachusetts Avenue and
Marrett Road and known as 1162 Massachusetts Avenue.
David A. Swann - variances to maintain a house with a 12 ft. side yard and a
garage with a 14 ft, side yard and to build a deck attached to the house,
which deck will have a side yard of 14 ft.
The Board made the following decisions, all in open meeting. See permits
for details.
Walsh Convalescent and Nursing Homes - granted unanimously, subject to the fol-
lowing conditions:
1. The number of beds to be contained in the nursing home shall be a maxi-
mum of 106.
2. Lighting shall be kept to a minimum.
3. The building is to be fully sprinklered.
4. Surface water shall be channeled into an underground drainage system.
5. All local, state and federal boards of health requirements must be met.
DeLuna - granted unanimously, subject to the following conditions:
1. Prior to any house being built evidence must be furnished to the satis-
faction of Lexington's Health and Engineering Departments that an ac-
ceptable sewer disposal system can'be.provided.
2. The access to Wellington Lane Avenue turnaround, described as Lots A-2
and B-2 (total area %,180 sq. ft.) and formerly described as an easement,
will be privately maintained and privately plowed.
3. Building Permits and any other requirements of the town or state must be
obtained in accordance with statute.
Masonic Sign - granted unanimously (sign shown on drawings of Set II). This must
have the approval of the Historic Districts Commission.
Swann - granted unanimously.
All pertinent material is on file in Board office.
Old Business:
Robert M. Gary introduced the subject of what he considers a serious concern
in regard to a previous permit granted to the Lexington Minute -Men, Inc. He re-
quested that the Board find out how it can impose "no parking" along the street
in front of the Museum on Mass. Ave., as was the intent of those who sat at this
hearing."
Upon posing the question to Town Counsel, Norman Cohen, it was learned that
the Board cannot alter a permit filed with the Town Clerk. The Board may write
into a decision anything it wishes. However, legally, they cannot restrict park-
ing on a public street. A condition imposed in a permit to prevent no parking
September 30, 1976 (continued) Page 3
would be difficult to enforce. The proper procedure, if the Board feels that
parking would impose a safety hazard, would be first to ask the Chief of Police
or the Traffic Committee "What parking regulations govern the area?"
If the Board feels strongly that something will create a traffic or safety
hazard, a letter should be written to Capt. Lima, who will see that the concern
is studied by the Traffic Committee. If the Traffic Committee finds it is
indeed a safety hazard, no parking signs can be posted.
Organizational Meeting:
At 10:08 p.m. Board members Ruth Morey and Irving Mabee joined the meeting.
Associates, Robert M. Gary and Robert Cataldo left the meeting room.
Acting Chairman, George P. Wadsworth retired from the chair and appointed
secretary Evelyn F. Cole to act as chairman, accepting nominations for new
officers.
Election of Officers:
Nomination for Chairman: Woodruff M. Brodhead nominated George P. Wadsworth.
Irving H. Mabee seconded the nomination. George P. Wadsworth was elected
Chairman unanimously.
Nominations for Vice Chairman: Irving Mabee was nominated by Woodruff M.
Brodhead. Woodruff M. Brodhead was nominated by Thomas Taylor. Nobody seconded
either. Ruth Morey was nominated by Irving H. Mabee. Thomas Taylor seconded
this nomination. Ruth Morey was elected Vice Chairman.
The meeting adjourned at 10:30 p.m.
1
Respectfully submitted,
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Evelyn F. Cole
Administrative Clerk
BOARD OF APPEALS