HomeMy WebLinkAbout1976-10-28BOARD OF APPEALS
October 28, 1976
' The Board of Appeals held a regular meeting on Thursday, October 28, 1976
in the Selectmen's Meeting Room of the Town Office Building.
Present were: George P. Wadsworth, Chairman
Ruth Morey, Vice Chairman
Woodruff M. Brodhead
Irving H. Mabee
Thomas G. Taylor
Public hearings were held on the following petitions, notices having been
mailed as required by statute and advertised in the newspaper.
Earl F. Baldwin, Jr. and Phyllis G. Baldwin - variance of Section 27 of the Lex-
ington Zoning Bylaw to maintain an existing single family dwelling numbered 24
Deering Avenue, situated in a RS -one family dwelling district, with a front yard
setback in part of 26.65 feet instead of the 30 feet required.
Priscilla D. Daudelin - variance of Section 27 of the Zoning Bylaw by subdivid-
ing the premises now known and numbered as 275 Wood Street into two building
lots, being shown as Lots 26A and 26B on a plan of Miller and Nylander, dated
Sept. 29, 1976, said Lot 26A containing 32,400 sq. ft. of land, but having front-
age of 125 ft. instead of the required 150 ft., and said Lot 26B containing
39,047 sq. ft. of land, but having a frontage of 125.66 instead of the required
150 ft.
Anthony.R. Cataldo - special permit renewal to process and sell fruits and veg-
etables at premises located at Gold Ribbon Farms, 1265 Massachusetts Avenue.
Highland Farm, Robert A. Modoono - special permit renewal to operate a stand for
the sale of evergreens, shrubs, various other plants including annuals, peren-
nials, indoor house plants and flowers and garden supplies on lot abutting 192
Woburn Street; also to sell Christmas trees, wreaths, etc. in the appropriate
season.
The Board made the following decisions, all in open meeting. See permits
for details, all in Board of Appeals' files and filed with Town Clerk.
Baldwin granted unanimously.
Daudelin - granted unanimously.
Cataldo - granted unanimously.
Modoono - granted for 2 years with 8 conditions.
Also, at this meeting the Chairman read a letter from Albert P. Zabin,
member of the Lexington Planning Board. A copy of the letter may be read on
the next page.
Questions were asked about the title "Zoning Officer" used in correspondence
from the Building Department. This term is of interest to Board of Appeals mem-
bers because they are aware of Chapter 808 of the General Laws, passed by the
' State Legislature and reference in Ch. 808 to "Zoning Administrator". It is
their understanding that the Board of Appeals could appoint a "Zoning Adminis-
trator" under Ch. 808. The Board of Appeals gets its authority from Ch. 40A at
present. Town Meeting has not accepted Chapter 808 at this time.
October 28, 1976 (continued)
A copy of a letter from Albert P. Zabin:
Town of Lexington, Massachusetts
PLANNING BOARD
October 13, 1976
Dr. George P. Wadsworth, Chairman
Board of Appeals
Lexington, Massachusetts
Dear Dr, Wadsworth:
Page 2
As you are no doubt aware, the Planning Board has appointed a citizen committee
to review the Zoning By-law in the light of the new Zoning Enabling Act, C. 808
of the Acts of 1975. The new act provides, among other things, that special
permit granting authority may be given to town agencies other than the Board of
Appeals including the Board of Selectmen, Planning Board, or other boards.
The Committee is now addressing the issue of which special permits (if any)
should be subject to jurisdiction of town agencies other than the Board of Appeals,
and what criteria should be used to resolve this issue. For example, some criteria
suggested were whether the class of permits had a planning significance beyond the
immediate use, avoidance of duplication of effort, relative expertise and access
to technical advice, and distribution of work.
It is obvious that the views of the Board of Appeals would be of invaluable assist-
ance to us in assisting us to reach an intelligent resolution of these problems. I
would very much appreciate it if you would discuss the issue with your Board and
let us know your thinking. I know how busy you are and I do not wish to impose on
you, but it would be particularly helpful if you or another member of the Board
could meet with us and participate in our discussion. If this is too divvicult to
arrange, you might send us your views in writing or ask Mr. Taylor, a member of the
Committee, to convey your views.
C. 808 also permits the Town to have a zoning administrator to whom a Board of
Appeals may delegate certain of its duties. If your Board feels it needs a zoning
administrator, I suggest it prepare the appropriate amendment for inclusion in the
Warrant. Since such an Article has fiscal consequences, the Board might wish to
discuss the proposal with the appropriate Town Committees
With warm personal regards, I am sincerely yours,
/s/ Albert P. Zabin
Lexington Planning Board
APZ:ms
cc: Paul J. MacKenzie
All Board members had been mailed, prior to Board's meeting, a copy of Mr. Zabin's
letter. Thomas Taylor acknowledged the fact that he was asked to be on the committee,
October 28, 1976 (continued)
Page 3
' No official action had been taken by the committee. No official action for a
response to Mr. Zabin's letter was made at this meeting, but the Board of Appeals
expressed their desire to know what was being contemplated by Mr. Zabin's committee.
Board members made note of the fact that no dates of meetings were given.in Mr.
Zabin's letter.
Official action:
The Board of Appeals adopted the following regulation by unanimous vote.
The wording was provided by Mr. Taylor.
"A petition may be withdrawn without prejudice before notice has been sent
to the newspaper for publication or by mail to affected persons. After
notice has been sent, withdrawal of a petition will normally be allowed
without prejudice for good cause shown by the petitioner at the hearing,
and upon filing with the Board a statement that all persons previously
notified by mail have been notified by the petitioner of his intent to
withdraw the petition."
The meeting adjourned at 10:48 p.m.
1
Respectfully submitted,
Evelyn F. Cole
Administrative Clerk
BOARD OF APPEALS