HomeMy WebLinkAbout1980-04-24BOARD OF APPEALS
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. Riffin
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)
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.
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Respectfully submitted,
Evelyn F. Cole, Administrative Clerk
BOARD OF APPEALS
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BOARD OF APPEALS
April 24, 1980
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"x3011) 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.O. 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)
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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
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 311-4") 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.
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 - 1751,
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.
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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.