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HomeMy WebLinkAbout1946-03-08 291 BOARD OF APPEALS MEETING • March 8, 1946 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, on Friday evening, march 8, 1946 at 8:00 p.m. Chairman Bowker, Messrs. Brown, Locke and Nickerson were present. The Clerk was also present. The hearing was scheduled for 8 00 p.m. through some misunderstanding, the petitioner did not appear. The Clerk telephoned the petitioner' s home and was advised that another member of the corporation (Viano Properties, Inc. ) would attend the hearing. The Clerk informed the Board that Mr. Peter helburn, who was granted a hearing on March 1, 1946, would like to sepak to the Board. The Chairman read an opinion received from the Town Counsel with reference to this petition, advising the Board that inasmuch as the petitioner seeks to establish a business in a district zoned for single residence, the Board of Appeals has no power or uathority to grant the petition. Upon motion of Mr. Nickerson, seconded by Mr. Brown, it was therefore, voted to deny the application in the following form: BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written Otitian addressed to it by Peter Helburn, a copy of which is hereto annexed, held a public hearing Hereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington &inute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on March 1, 1946. Five regular members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he wished permission to establish a blacksmith shop at 185 Burlington Street, Lexington, equipped to do metal work for architects and others. Mr. Johnson, one of the neighbors, stated that he had no objection to the blacksmith shop as long as it was owned by Mr. HelbuTn. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show no persons opposed to the granting of the petition. • At the close of the hearing the Board in private session March 8, 1946 gave consideration to the subject of the petition 292 and voted unanimously in favor of the following findings: 1111 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exceptioi requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public good and without sub- stantially derogating from the intent and purpose of such Lex- ington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of Peter Helburn on the grounds that as the petitioner seeks to establish a business, that is in a residential zone, under the Zoning Laws, the Board of Appeals had not the power by authority to grant said petition. The Board hereby makes a detailed record of all its proceedings1111 relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set fvrlhh and the testimony presented at the said hearing, including that herein summar- ized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker Errol H. Locke J. Stilton Brown D. E. Nickerson Lester T. Redman I, Hazel J. Jurray, Clerk of the Board of Appeals of Lexington, appointed under General Lawshat, Chapter40 Sections 2e to 30 s _ ingnondtheereby 14th daytofyFebruary, 1946I sent ytoaEdith W. Willard, Jacate ackaH. g 293 • & Helen I. Johnson, Mary G. Hammonds, Arthur B. & Phyllis N. Picke, Doris I. Allen, Claiborne G. Elliman, Peter Helburn and also advertised in the Lexington Minute-Man of February 14, 1946* a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals NOT I C E February 14, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by Peter Helburn, and located at 185 Burlington Street, Lexington, a balcksmith shop, under the Lexington Zoning By-law and in accordance with General Lawa, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on March 1 1946 at 8:00 p.m. in the Selectmen' s Room, Town Office Building, Lexington, Mass . Winthrop H. Bowker Chairman, Board of Appeals. Jan. 29, 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to the premises at No. 185 Burlington Street , owned by Peter Helburn of Lexington by permitting the following Blacksmith shap. Peter Helburn 33 Avon Street Cambridge, Masa. • , 294 Mr. Helburn appeared before the Board at 8:25 p.mand the 4110 Chairman submitted the opinion received from the Town Counsel. Mr. Helburn retired at 8.30 p.m. The Board then gave further consideration to the application of the Lovell Bus Lines, Inc. for permission to construct a garage at the corner of Lincoln And School Streets on property owned by Emily R. Scheibe. Upon motion of Mr. Brown, seconded by Mr. Locke, it was voted to deny the petition in the following form: BOARD OF +;ALS. DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Lovell ,bus Lines, Inc. a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on Five regular members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That the petitioner wished to construct a garage at the corner of Lincoln & School Streets and also wished to use the driveways4111 in connection with the garage, both for the use of the garage and for the purpose of connecting with a house to be constructed in the rear. This driveway will be in the residential area. The petitioner stated that he wished to house 10 to 12 buses in this garage and that the garage would be operated from six in the morning until midnight; that the garage would be set back 20' from the street line and the rear wall of the garage would be on the edge of the business zone. The petitioner stated that the garage would be operated in such a manner as not to disturb the neighborhood; that only minor repairs, such as greasing and washing would be done in the building, that the buses would occasionally be parked on the paved area adjacent to the building in the residential district. The petitioner stated jahat there would be a waiting room within the building to serve those people in the neighborhood. The petitioner stated that the location of the garage in this area would enalbe the company to furnish better transportation to the town. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that the operation of a bus terminal at the above location would be detetmental to the neighborhood. Approximately 26 persons were opposed to granting the said petition. One adjacent property owner was in favor of granting the petition. At the close of the hearing the Board in private session March 8, 1946 gave consideration to the subject of the petition 4111 and voted unanimously in favor of the following findings: 295 • 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3 . That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substanital detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of the Lovell Bus Lines, Inc. for permission to construct a garage and use of driveways in connection with this garage at the corner of Lincoln & School Streets. It was the opinion of the Board that the use of this property as a garage to house buses would tend to impair the status of the neighborhood. It was felt that the business district in this area was not of sufficient size to warrant the construction and maintenance of this building. The Board feels that access to this building is shown by a driveway over residential property which could not be permitted. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker Errol H. Locke J. Milton Brown D. E. Nickerson Lester T. Redman 411/ I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, 196 hereby certify that I sent by postage certificate of mailing on the 4111 14th day of February, 1946 to Lovell Bus Lines, Inc. , Kai0110.s & Margaret G. Balchunas, Harry F. & Dorothy F. Conrad, June E. & Helen M. Chelland, Wesley B. & Mary A. Etheridge, Augusta C. Holm Leona C. & Barbara E. Lydiard, Richard J. & Catherine B. Devanna, William J. & Janet M. Buckley, John D. & Flossie S. Campbell, Theodore R. Mottola, Sylvia H. Aker, Johanna Hultman, George R. & Ethel M. Mitchell, Irene F; Webb, Stanley N. White, George W. & Helen B. Sarano, Marie A. & Charles H. Jr. Miller, Messrs. Esgar & Devincentis, Mary A, Fitts, Thomas J. & Jemmie Heaney, Gordon H. & Alice L. Osgood, Robert P. Trask, Franklin h. & Helen E. Balduf, Albert A. Ross, Albert G. & Myrtle B. Ewell, r'loyd W. & Alice F. Keirstead, Richard P. & Barbara B. Blake, Jackson C. & Elmira M. ThYng, Mary L. Oliveira, Eleazer P. & Dora Greening, Caywood & Edith Greening, Adam Grigor, Charles Hallett, George H. & Edna A. Peterson, Uharles M. & Addie M. KKi±stead, Fred N. & Eleanor S. Lowell, Edward J. & Margaret M. McNamara, Frank E. Bougie, Paul J. & Florence D. Penney, Norman L. & Eunice Peterson, Howard D. & Jeannette Ryder, Leo J. & Marion Revou and also advertised in the Lexington Minute-Man on February 14, 1946, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals NOTICE4111 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law on petition of Lovell Bus Lines, Ino. for permission to construct a garage, and use of driveways in connection with garage, at the corner of Lincoln and School Streets on property owned by Emily Scheibe, under the Lexington Zoning By-law and in accordance with General Laws , Chapter 40, Sections 25 to 30 as amended. The hearing will be held on March 1, 1946 at 8 30 p.m. in the Selectmen' s Room, Town Office Building, Lexington, Mass. WINTHROP H. BOWKER Chairman, Board of Appeals February 13 , 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachueeltts Gentlemen The undersigned hereby petitions the Lexington Board of Appeals, 297 4111 appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of section 9 of the Lexington Zoning By-law with respect to the premises at corner of Lincoln & School Streets, owned by Emily R. Scheibe of 376 Linealln Street by permitting the following: Construction of a garage and use of driveways in connect- ion with garage. Lovell Bus Lines, Inc. Great Neck Road Maynard, Massachusetts At 8: 50 p.m. Mr. Lawrence Viano and four other persons appeared before the Board. Notice of the hearing was read by Mr. Brown. Mr. Viano explained to the Board that he was not too familiar with what his brother intended to do relative to the proposed addition at the rear of the present garage. He said that he had seen the plans and as he understood them, the addition would be in back of the present show room and it would be on the left hand side of the garage, facing Massachusetts Avenue. He stated that the addition would be flush with the garage , the ell would be filled 4111 in for the prupose of a body shop. The Chairman asked if the addition would be fireproof and Mr. Viano replied in the affirmative and stated that the addition would be constructed of cement blocks and would follow the building regulations. The Chairman asked if there would be one story and Mr. Viano replied in the affirmative. The Chairman asked how far the proposed addition would be from the lot line. Mr. Viano replied that he did not know what the lot line is, but the addition will be flush with the showroom as it now stands. The Chairman explained that the Board would have to see the plans before making a decision. Mr. Viano retired and returned with a copy of the plans. Mrs. A. H. Hathaway, 16 Vine Brook Road said that she would be in favor of the petition as presented. Mr. Donald Pring, 20 Vine Brook Road said that if the garage is as Mr. Viano has described, he would have no objection. Mr. Robert Quimby, 24 Vine Brook Road said that he and Mrs. Quimby felt the same as the other present and, according to the plans, they would have no objection. The hearing was declared closed at 9 05 p.m. and the group retired. Decision on the Viano petition was held over until March 15th when five_ members of the Board could be present. 1111 li The meeting adjourned A true record, Attest: �� 1 k, oard of App ala