HomeMy WebLinkAbout1975-02-13 BOARD OF APPEALS HEARINGS
February 13, 1975
A regular meeting of the Lexington Board of Appeals was held on Thursday,
February 13, 1975 at 7 30 p m in the Selectmen's Meeting Room of the Town
Office Building Present were four regular members and one associate as
follow• Vice Chairman, Acting Chairman George P Wadsworth; regular members
Woodruff M Brodhead; Logan Clarke, Jr ; Ruth Morey; and associate member
Thomas G Taylor Also present were: a Minute-Man reporter, LWV Observer
and a room full of townspeople
Public hearings were held on the following petitions, notice having been
mailed to those who should legally receive them and to town boards and offi-
cials who will or might be affected by decisions made and also advertised in
the Lexington Minute-Man newspaper
John and Rosina Busa - special permit renewal to continue operation of a road-
side stand, pursuant to section 25 33, and to sell Christmas trees and wreaths
during the appropriate season, pursuant to section 25 34, on the premises at
52 Lowell Street
Harold R and Helen M. Millican - special permit renewal pursuant to sections
12 2 and 25 21 to continue to operate a private school for the instruction and
study of swimming, in the private swimming pool enclosure in the rear of their
property at 90 Hancock Street, during the months of April through October of
each year, during the hours of 9 a m to 6 p m on Mondays through Fridays
Manuel G Rose, Jr - request for a variance changed to a special permit to
allow for the continuation of the operation of a shop for light repairs to
vehicles and ornamental welding at 748 Waltham Street This shop has been
operated by the petitioner and his family since 1927 The premises are owned
by the petitioner
(Note The Board decided to consider this request under section 25 94 See
Dion v Board of Appeals of Waltham, 344 Mass 547, 553 Section 25 94 allows
the Board to grant a special permit for temporary use not conforming to the
zoning by-law, subject to conditions for the protection of the community )
Barry S Bonnell - temporary special permit pursuant to section 25 81 (use of
a dwelling as an office by a physician, dentist or other professional person
residing in the dwelling incidental to such residence) at 34 Spring Street
The petitioner states "it is our desire to use my residence to complete
my work as an illustrating artist of childrens' text books The books pres-
ently under contract require me to meet deadlines by June of 1975 In order
to do so, I require the assistance of two other artists who are presently
working with me "
(Note The Board of Appeals decided to consider the petition under Section
25 94, special permit for temporary use not conforming to this By-Law subject
to conditions for the protection of the community See Dion v Board of
Appeals of Waltham, 344 Mass 547, 553 ) The Board had difficulty classify-
ing Bonnell as professional as that term is used in section 25 81 to refer to
physicians, dentists, etc
Hearings2/13/75 (continued) -2
Following the hearings the Board made the following decisions, all in
open public meeting
Busa - Granted unanimously with the following conditions
1 Sale of products shall be in conformity with section 25 33 and the
definition of roadside stand on pg 41 of the latest zoning by-laws
2 No new or additional signs shall be installed
3 The stand shall be operated from 9 a m to 8 p m six days a week
and from 9 a m to 7 p m on Sunday
4 The lights on the parking area shall be shielded so that they do not
shine at neighboring houses No increase in the candlepower of the
lights shall be allowed
5 Sufficient parking space will be available for 20 cars
6 The premises must be kept in a neat and orderly condition and no
empty boxes, barrels or similar material stored outside the building
7 Access to the premises shall be from Lowell Street and no traffic
shall be routed over Lillian Road
8 No soft drink vending machine shall be exposed on the outside of the
building
III 9
This permit expires on February 13, 1977
illcan - Granted unanimously with the following conditions
1 The school may only operate 5 days a week, during months of April
through October
2 The school shall be limited to a maximum of 45 students per day
3 There may be four to seven students per class
4 The hours of operation shall be 9 a m to 6 p m , Monday through
Friday
5 Students under ten years of age shall be accompanied by a parent or
guardian (supervisor) at all times
6 Mrs Millican will be the only instructor
7 The Board of Appeals requests that a reasonable effort be made to
reduce the number of cars coming and going and used by participants
by possible car pooling or other means
8 This permission is granted only to Harold R and Helen M. Millican
and will not apply to any subsequent owner of this property
9 A permit from the Board of Health will be necessary to operate this
pool
10 This permit is granted for 3 years and expires 3 years from date
(February 13, 1978)
Rose - Granted unanimously with the following conditions
(see next page)
Hearings 2/13/75 (continued) -3
Rose, conditions
1 The hours of operation shall be no earlier than 8 a m nor later than
5 p m
2 The permit is granted to Manuel G Rose, Jr personally, and does not
run with the land
3 The number of employees is limited to the existing number
4 No further expansion of the existing building shall be allowed
5 There shall be no outside storage of motor vehicles, trailers,
machinery, or other equipment
6 This permit, granted for two years, expires February 13, 1977
Bonnell - Granted unanimously a temporary special permit, pursuant to section
25 94, to use his residence at 34 Spring Street until June 30, 1975, to complete
work as an illustrating artist of childrens ' text books, with the assistance of
no more than two artists in addition to the petitioner Every effort should be
made to keep traffic and parking to a minimum This permit expires June 30, 1975
All pertinent information is on file in the Board of Appeals' office
The meeting adjourned at 10 30 p m
Respectfully submitted,
\X Ca&
Evelyn F Cole, Clerk
BOARD OF APPEALS
I