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HomeMy WebLinkAbout1980-04-24 BOARD OF APPEALS III April 24, 1980 7 30 p m. The Board of Appeals held a regular meeting in the Selectmen's Meeting Room. Present. Ruth Morey, Chairman Woodruff M. Brodhead Irving H Mabee Natalie H Riff in Thomas G Taylor Public hearings were held on the following petitions. 121 Mass Ave , Rumford Science Inc , William Revis, General Manager - special permit to use an area of the basement of the building at 121 Mass Ave. (CB district) to conduct a catalog business and to erect a sign above the rear entrance door 9 Fletcher Ave , Alexios Panagiotou - variance of dimensional controls to install new front stairs in a new location Stairs will violate current zoning bylaw dimensional controls House is being remodeled 265 Bedford St; 9 No. Hancock St ; 11 No Hancock St. - variances to continue to use dwellings and subdivide the land to accommodate the dwellings and a garage (see the decision for the complicated situation and decision) III Land located off Spring St. , Shade St and Route 2, Raytheon Co. and Lexington Elec- tronic Realty Trust - Special Permit - Site Plan Review for construction of a research laboratory and office building and the use of the building (141 Spring St ) Decisions filed with the Town Clerk 121 Mass. Ave. - granted unanimously 9 Fletcher Ave - granted unanimously 265 Bedford St - granted unanimously ( 9 North Hancock St. - granted unanimously (see decision for details 11 North Hancock St - granted unanimously 141 Spring St. - granted unanimously The meeting adjourned at 11 58 p m. Respectfully submitted, ZAjdr-- 64-6z- Evelyn F Cole, Administrative Clerk BOARD OF APPEALS BOARD OF APPEALS April 24, 1980 U Hearings Present Chairman Ruth Morey, Vice Chairman Woodruff M. Brodhead, Natalie H Riffin, Irving H. Mabee and Thomas G Taylor The Board of Appeals held hearings on the following 121 Massachusetts Avenue, Rumford Science Inc. , William Revis, Gen Manager, for a special permit under Sections 25 6 10, 25 6 16 and 25 7 3 to use 432 sq ft. area of rear basement of building (CB district) , now leased by them, to conduct a catalog business and permission to erect sign (10"x30") above the entrance door 9 Fletcher Avenue, Alexios Panagiotou for a variance of dimensional controls to install new front stairs in a new location Stairs. will violate current zoning bylaws by extending into the 30 ft. frontyard setback (required) Ex- isting stairs will be removed. Petitioner is remodeling house 265 Bedford Street, 9 North Hancock Street, 11 North Hancock Street, Marden L Perry and Norma D Perry for variances to continue use of non-conforming dwell- ing now numbered as 265 Bedford St. and 9 North Hancock St as a two family dwelling and to continue to use non-conforming dwelling at 11 North Hancock St. as a dwelling and to subdivide the lot upon which said dwellings now exist into two lots, marked Lot A and Lot B, neither of which lot contains adequate area to comply with current zoning regulations The two family dwelling on 9 North Hancock St. and 265 Bedford St. will be located on Lot B, which contains 8,455 sq. ft. and the dwelling on 11 North Hancock St and the existing one-story stone garage will be located on Lot A, which contains 4,459 sq ft. Both of said dwellings and garage have insufficient side, rear and front yard setbacks Land at the NE intersection of Routes 128 and 2 (Spring St and Shade St ) , Raytheon Co. and Lexington Electronic Realty Tr for a special permit for con- struction of a research laboratory and office building (CR zoning district) with site plan review and special permit for use of building as described in Section 25 7 2 MINUTES OF HEARINGS FROM THE NOTES OF NATALIE H RIFFIN In each instance, relative to each hearing, the Chairman first read the legal notice (see above) , then continued by listing plans and other documents sub- mitted by petitioner/s, read communications from Town Boards and other relevant information, all in the appropriate and usual manner of hearings. 121 Massachusetts Ave Bill Revis Small mail order business; rented P 0 box for incoming mail; will ship out mail orders; one other person only; small parts non - explosive or in- flammable; add to piping/put inside of piping; not (large) quantity; one to a customer; by catalog One exit plus windows; 12' x 36' area (floor space) ; Sign 10" x 30" is width of door Won't sell to anyone off the street. Laura Nichols What part of building are you occupying? Will it meet require- ments of building code? Bill Revis It is the basement - underground. Board of Appeals hearings 4/24/80 (continued) -2 L. Nichols Limit to articles in zoning bylaw Irving Mabee Do you have a catalog? What's the biggest item and smallest? Mr Revis Fit in 2" pipe, the biggest Very small wires, smallest. I Mabee U P S. used? Mr Revis Propably Chairman Must check with Building Commissioner for approval Peter F DiMatteo, Building Commissioner Have not seen it; it will have to conform. I will go down and look at it. Decision: Approved unanimously (1) use and (2) sign 9 Fletcher Ave Alexios Panagiotou Replacing steps; no closer to street than old steps Chairman Questions? No questions from Board or audience Decision Approved unanimously 265 Bedford St. , 9 North Hancock St 11 North Hancock St In addition to the usual, reference was made to the Planning Board's Form A and copies of previous hearings January 1954 and June 1954 Francis Smith, Attorney Purchase July 1978 by the Perry's as legal for three families; value based on this representation Mr Perry now transferred, busi- ness out of state; wishes to sell. 1/54 Bob Lyon No 11 No Hancock-workshop/ playhouse; permission by Board of Appeals for one family and reconvert two family to single. Lyons did not do this 2nd petition in June 1954 not clear if Jan decision was abrogated by June hearing Could leave 2 family? Permission given to rent playhouse not asking for a use variance July 1954 permits 2 family house - asking for dimensional variances Hardship - financial Natalie Riffin What was Planning Board thinking in signing the Form A? L. Nichols Want housing - don't like size of lots but signed No neighbors appeared. Decision Vote to approve dimensional variances on Lots A & B (on plan approved by Planning Board, March 14, 1980 - Form A) Granted unanimously. Land at NE intersection of Routes 128 & 2, Raytheon Co & Lexington Electronic Realty Trust Neil Minehan, Lex. Electronic Realty Tr named the property boundary lines Spring St. , Rt. 2, Ramps 128, Weston St. and Shade St. The land is leased to Raytheon Co The property is and has been zoned as an office and research park district-CR (Town Meeting zone change 7/24/58) Section 25.7 2 uses Labs engaged in research, experimental and testing activities, including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, medicine and physics This request is for construction of a Research Building primarily devoted to research involving electronic components, with an attendant temporary paved access and construction road from Spring St. to the construction site The site, 95 acres, has approx. 1,375 feet of frontage on Spring St. Raytheon Co Executive Office Building and D.C. Heath & Co (a Raytheon Co Div ) Board of Appeals hearings 4/24/80 (continued) -3 111 buildings are located on this site The proposed 3-story brick & concrete veneer building (not to exceed 45' in height; penthouse 59 6' above mean grade) will be located 750' distance from the executive office building and 300' from the nearest boundary line and from the boundary line of the residential district. After construction of the building and associated improvements more than 75% of the property will remain as open space The parking lot will be 50' from the residential district boundary line and in excess of 25' from any other boundary line consistent with zoning park- ing and loading requirements All requirements of dimensional controls wil be met. The temporary construction road, to be used during the construction period (approx. 18 months) will allow separation of larger, heavier construction vehicles from the main volume of traffic, providing greater safety and less noise to the neighborhood Peak traffic increase 8-10% at intersection; present intersection can absorb this increase 45% from outside 128; 20% will use Rt. 2. 20% of the imployees live in Newton, Waltham, Belmont areas A police officer is employed now one hour in morning and one hour in evening Parking 250 cars; 225 new people; 10 parking spaces reserved for handi- capped people (located closest to the building) Lot is 25' below foundation level of houses on Shade St. ; lights will not exceed 25' in height and lighting will be kept low Planting (in excess of 312-4") will be placed in green strips of parking lot and trees planted along northerly edge of parking lot (7-8' ) Parking lot will be sloped and drained. The oil and gas separator will be cleaned on an annual basis and more frequently as conditions dictate Sanitary sewer connection will be made All industrial waste will first be processed through a neutralization tank No on-site disposal of waste Solid waste will be trucked off site Protection measures will be used to prevent erosion during construction and after construction various plantings will prevent erosion on a permanent basis 1 Neighbors want parking on Spring St. side of building Raytheon's response The proposed construction site was selected so that the maximum amount of existing trees will be preserved and to avoid any significant intrusion into true wetland areas on the site They wish to preserve a park like atmosphere The building will be less visible Nearest house - 175' , next nearest 375' away I Mabee Need for dual access? Response Buildings will be sprinklered. Elliot Cox, 56 Shade St. Questioned drainage; submitted a sketch He was co- author of a letter (to Raytheon) ; wants to move parking lot to lower less ob- vious area. He prefers to have parking directly behind his house than in location proposed Patricia Hagedorn, Attorney representing the Malkus' , 72 Shade St. Parking and lighting are the issues The McMahan's built way back from street. Parking should be moved over toward the pond. Parking within 50' questioned; request that parking be moved down 100' and over 50' She (P H ) will talk to the architect. Concern expressed about the lighting She asks to continue hear- ing with respect to parking and lighting. Neil Minehan response Proposed plan is best. Board of Appeals hearings 4/24/80 (continued) -4 P Hagedorn Parking is detrimental to neighborhood. Letter submitted and read. Mrs Carver (present) Raytheon's response Feb. 19, 1980 - D B Holmes, President Mrs. Carver supports Mr Cox's position although parking is close to her and Mr Cox. Neighbor (?) , 92 Shade St. Could there be loop around building instead of second access with chain. The Chairman and Woodruff M. Brodhead read the Planning Board report in toto L. Nichols Handicapped parking Where are spaces? Paving of temporary road? Any plans for future development? Answer Not at present May be in future 86% open area Mr. Cox Does this 86% encompass wetland also? Answer Yes Mr. Cox: Concerns with wetlands Chairman Conservation Commission continues hearing April 29, 1980 Problems Parking, lighting L. Nichols read Section 9 8 2 (b) zoning bylaw Small car spaces (bylaw) 15% of parking can be for small cars; 15' instead of 20' spaces. Discussion and Consensus Go along with the Planning Board report. I. Mabee: Do not construct area of parking lot near 72 Shade St. (This did not receive sufficient support. ) Voted: Approval of Plan. Include Planning Board report including the 234 spaces (includes 10 spaces for the handicapped) and lighting as described by Mr. Minehan Voted unanimously. I