HomeMy WebLinkAbout1976-10-14BOARD OF APPEALS
October 14, 1976
rThe Board of Appeals held a regular meeting on Thursday, October 14, 1976
in Room G7, Town Office Building.
Present were: George P. Wadsworth, Chairman
Ruth Morey, Vice Chairman
Irving H. Mabee
Clarence D. Turner, Associate Member
Haskell W. Reed, Associate Member
Public hearings were held on the following petitions, notices having been
mailed as required by statute and advertised in the newspaper.
Friendly Ice Cream Corporation, located at 1855 Boston Road, Wilbraham, Massa-
chusetts 01095 - requested a special permit pursuant to Section 25.69 and 12.2
to build and operate a family -style restaurant. The property is presently a
vacant lot located on the easterly side of Waltham Street, containing 28,400
sq. ft. in Lexington. The balance of the property falls within Waltham, con-
taining 11,600 sq. ft. Friendly Ice Cream Corporation has an option to pur-
chase the above property. Also requested is permission for a free standing
identification sign to be placed on the property.
The Muzzey Corporation - to vary the Lexington Zoning Bylaw to allow the use of
a parcel of land located at the rear of 24-26 Muzzey Street for the parking of
automobiles. The parcel of land is shown as Lot "B" on a plan entitled, "Plan
showing subdivision of land at 24-26 Muzzey Street, dated January 10, 1968,
John J. McSweeney, Town Engineer," containing 8,000 square feet of land. Parcel
".B" to be used in conjunction with Parcel "A" shown on said plan, which is pres-
ently used for parking of automobiles.
Jacqueline Bolles and Charles V. Briggs, or any corporation the stock of which
is wholly owned by them, to use the premises situated at 72 Waltham Street,
as a retailer of dressmaking fabrics and notions during the hours of 9:30 a.m.
to 5:00 p.m., six (6) days a week. Said premises witll be operated pursuant to
and in accordance with a Lease between Marilyn M. Harrison and Keith W. Harrison,
as Lessors, and the applicants, as Lessees.
Joan B. Zachor - special permit to install and maintain, as part-time residence,
a "yellowstone-country-club" travel trailer, 27 feet long, 7 feet 10 inches wide,
on the premises at 20 Simonds Road, at the far end of the parking area, for a
period of 120 days or until the fire repairs are well enough along that they can
inhabit the house, whichever is sooner.
The Board made the following decisions, all in open meeting. See permits
for details.
Friendly Ice Cream - granted unanimously with the following conditions:
1. Prior to approval of any connections to the existing 36" Drain shown
in its approximate location, test pits must be made to determine its
exact location and depth at the connection points and they must .be
shown on plans and approved by Lexington's Town Engineering/Public
Works Department.
2. Sewer and water must be obtained from the City of Waltham.
October 14, 1976 (continued)
Page 2
Conditions imposed on the Friendly Ice Cream Permit (continued)
' 3. The size, slope, type and class of all drains must be shown and approved
by Lexington's Town Engineering Department.
4. Where damaged by the developer, the existing sidewalk will be replaced.
5. There shall be at least one parking space for every 150 s.f. of floor
space or fraction thereof.
6. A strip of shrubs and grass 5 ft. wide shall be provided along the side
of the property line adjacent to the G. Arnold Haynes Inc. property, as
well as, plantings along Waltham Street from the property line to the
sidewalk.
7. The smaller free standing sign shonw on sign drawing submitted is allowed
(30 sq. ft.). The larger sign will not be allowed in Lexington.
$. All lighting of the parking area and sign should be shielded and directed
downward.
9. All rules, regulations and requirements of state and local boards of
health must be met.
10. A victualer's license must be obtained from Lexington's Board of Select-
men, who will set hours in this case.
11. The issuance of this permit shall not in any manner affect the require-
ment that a building permit must be obtained from the Building Department.
In accordance with State law, before this permit becomes effective notice
that such a permit has been issued must be recorded at the Registry of
Deeds by the Petitioner.
Muzzey Corp. - granted unanimously, subject to the condition that a five foot
strip around the sides and the rear of this parking area be planted with grass and
shrubs and maintained as a buffer strip.
Bolles and Briggs - granted unanimously subject to the following conditions:
1. That the variance be limited to the Petitioners.
2. That it be limited to a retail fabric store only in the existing house
with no major structural changes.
3. That parking be limited to 5 spaces (substantially in accordance with the
Planning Board plan) with the idea it can be altered to save the tree if
desired and that 2 additional spaces may be added on the south side, if
possible, and eliminate the curb.
4. Hours of operation will be from 9:30 a.m. to 5 p.m., 6 days a week.
(This is one-half hour more per day than the previous permit allowed.)
5. Exterior lighting of the premises shall be terminated at 6 p.m.
Joan B. Zachor - granted unanimously for 60 days. (Fire date was June 5)
Other business: The Board accepted the new drawings of two signs for Lexington
Savings Bank, Lowell and Woburn Street. Hearing on this matter was held August
12.
The meeting adjourned at 11 p.m. Respectfully submitted,
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Evelyn F. Cole, Adm. Clerk, APPEALS