HomeMy WebLinkAbout1975-08-14 BOARD OF APPEALS HEARINGS
August 14, 1975
A regular meeting of the Lexington Board of Appeals was held on Thursday,
August 14, 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 Chairman D E
Nickerson, Vice-chairman G Wadsworth, Ruth Morey and Woodruff M Brodhead, all
regular members, and Robert Cataldo, associate Also present were a room full
of townspeople and a Minute-Man reporter in addition to petitioners and/or their
attorneys
Public open hearings were held on the following petitions, notice having
been mailed as required by law to abutters, etc and to town boards and officials
Notices were published in the Lexington Minute-Man newspaper as required See
permits and denials for more information on all those listed below
Instrumentation Laboratory Inc - special permit pursuant to Section 25 84, to
operate a food service for the convenience of employees in the building at 113
Hartwell Avenue
Curtin Realty Associates - variance from Section 26 51 to build a house 33' x 28'
on a 51 20 foot lot located at 23 Shade Street with 7'8" and 7 '7" side yards in
lieu of the 10 foot side yards required for a lot with more than 50 foot frontage
Robert A Silk - variance of Section 27 to build a single family residence on a
parcel of land of Ronald G and Diana H Grammont on Aaron Road The parcel is
serviced by Town sewer (Mr Silk has an option to purchase )
Joan V H Harris - variance of Section 27 to build a garage on the property at
12 Hayes Avenue with less than the required sideyard
James H McManus Jr - special permit under Section 30 to make repairs and to
continue to operate a restaurant at 903 Waltham Street, corner of Concord Avenue
(See memo on this following these minutes )* Petition withdrawn by petitioner
Harry G MacDonald - variance to divide a lot at 25 Blossom Street, consisting
of 78,500 sq ft into two house lots Lot "A", which has an existing dwelling,
will have a 120 ft frontage and an area of 33,700 sq ft Lot "B", on which
we propose to build a house, will have 67 ft frontage and an area of 44,800 sq
ft
Following the hearings the Board made the following decisions, all in open
public meeting
Instrumentation Laboratory Inc - granted unanimously with certain conditions
Curtin Realty Associates - denied unanimously
Robert A Silk - denied unanimously
Joan V H Harris - denied (2 in favor, 3 in opposition)
Harry G MacDonald - denied unanimously
All pertinent material is on file in the Board of Appeals' office The
meeting adjourned at 11 00 p m
Respectfully submitted,
„e¢�, „ .Y Co-e e_
Evelyn F Cole, Secretary/Clerk
(Administrative Clerk - new designation)
* -MEMO-
RE JAMES H McMANUS, JR (formerly known as Brewster's) -903 Waltham St
7/30/75
$.30 A.M.
A meeting was held in the Building Department Office on July 30, 1975
Present Norman P Cohen, Town Counsel of Lexington
Donald E Nickerson, Chairman of Board of Appeals
Thomas Kelley, Building Inspector
James H McManus (petitioner for a Board of Appeals hearing)
Evelyn F Cole, Secretary of Board of Appeals
SUBJECT: Mr McManus plans to make substantial improvements to the
interior and exterior of his restaurant at 903 Waltham Street
The restaurant was built in 1962 when the district was C-1 or C-2
(Restaurants were allowed in these districts )
The present By-law designates this same address as a CN district
Restaurants are NOT ALLOWED in CN districts
A restaurant could NOT be built at this address today, because
it is designated ON Also, all restaurants today have to have a Board
of Appeals hearing in order to obtain a special permit (for use) ,
according to Section 25 69 of the Zoning By-law
Section 30 of the Zoning By-law refers to non-conforming uses A
non-conforming building or use can be continued or repaired but not
enlarged except with a special permit from the Board of Appeals
DOES THIS RESTAURANT HAVE TO COME TO THE BOARD OF APPEALS?
Mr McManus made an application to the Board on 7/22/75 under Section 25 69
Town Counsel reviewed the facts
Mr McManus said he was going to improve the restaurant as required by the
Lexington Board of Health Improvements would be made to the ceiling,
lighting, insulation An air-conditioner would be installed and the floor
re-tiled Cost - $10,000 He would improve, not enlarge the building
Mr Kellen said that the plans would have to be approved by the Building
Department
Mr Nickerson made reference to the numerous telephone calls, etc in
regard to this petition The residents of this area are very vocal (Five
Fields Association) All restaurants are under scrutiny by neighbors
No one could guarantee that residents of the area would not bring action
about anything done at this address
( Mr Cohen said that if Mr McManus is not going to enlarge or expand the
U business, i£ he is going to only improve and repair the building, if all
the statements of Mr McManus are true, this property would not require
Board of Appeals' approval
Mr McManus withdrew his petition All materials submitted by him were
returned including a check for $35