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HomeMy WebLinkAbout1933-01-06BOARD OF APPEALS MEETING ' JANUARY 6, 19330 The Board of Appeals met at the Selectmen's Room, Town Office Building, at 8:00 P.M. on January 6, 1933. Messrs. Maddison, Glynn, Custance, Baldrey and Slocum were present. The Secretary was also present. Hearing was declared open upon the application of James R. Smith of Arlington, Mass. for permission to maintain a sign and temporary office building on his premises at the corner of Tower Street and Massachusetts Avenue. The Clerk read the notice of the hearing. Mr. Joyce represented Mr. Smith inasmuch as Mr. Smith was ill and unable to be present. He explained that Mr. Smith wished to maintain the sign that was there at present, and would also like to locate the office`building on that ten foot strip of land. He presented photographs showing the proposed building, and explained that the building would fact Massachusetts Avenue on the right hand side of the .`F street going toward Boston, and would be located back ;of the sign. If the sign was located back twenty feet it would not serve the purpose for which it is wanted. Mr. Harvey Glidden stated that Mr. Smith purchased the land with an idea of developing it and.he had done ' a very good job and he thought that as tax payers of the town they should help Mr. Smith inasmuch as every house that is built will bring in more revenue, and if Mr. Smith is confronted with obstructions he need not put himself out'to put in such a good development. The sign is a very good looking sign and if Mr. Smith were helped to develop the property the sign would soon come down. He was therefor very much in favor of allowing the sign and office building to be maintained. Mrs.James-Truran of 1122 Mass. Avenue inquired how long the office would be there and also the sign. She. also inquired about the ten foot strip of land between her house and the street and asked if she could be forced to purchase it. It was explained that the permit would be limited for one year. Mr. Joyce explained that the street was originally laid out fifty feet and the ten feet would be abandoned but in all his experience in work of that kind he never knew of anybody to be forded to purchase land. Mrs. Truran also inquired if the granting of this permit would in any way be the foundation for establishing business in this location. It was explained to her that this permit, if granted, would carry no such provision for business. She felt as Mr. Glidden explained that the sooner the property is developed the sooner the sign is taken down and the entrance improved. Mr. F. L. Emery, Chairman of the Planning Board, explained that he expected to hear someone object to the sign. In regard to the development he felt that while it was a good development it was not an exceptional one. He felt that David M. Willard, Jr. of 211 Bedford Street came before ' the Board in response to the Board's request after he had not appeared at the advertised hearing owing to illness in his -family. He presented photograph showing the interior of the yr ' room in which he displays antiques and stated that he desired to use only two rooms, one for display and the other for the repair of furniture. He would repair furn- iture brought to him but the repair was mostly for the pieces he desired to sell. He explained that the location was directly opposite Mr. Coles' house; the house used formerly as the Tavern is the one occupied by him. He established the antique business there not knowing that it was not allowed, having in mind the various places in the neighborhood that were carried on as business, such as the roadside stand opposite, the golf driving range, Mary Alice Tea Room. Hearing was declared open upon the application of Pelligrino Ferri of 198 Bow Street for permission to remove an existing garage on Winn Street to location on Albemarle Avenue within twenty feet of said street line. The Clerk read the notice of the hearing.. Mr. Pellegrino Ferri was present represented by Mr. John A. Lyons. Mr. Lyons presented sketch and photograph showing where Mr. Ferri intended to move his garage. He , explained that with the garage removed it would allow better sun light for the plants and flowers grown by Mr. Ferri, and.it would improve the looks of the place by moving the Mr. Smith knew the requirements of the Zoning Law and that m he should have made application to put up the sign. He also put up a sign sometime ago on Mass. Avenue in violation ' of the Zoning Law. In regard to the ten foot strip of land he felt that no developer was going to give ten feet of land as a gift. He felt that if this exception is allowed others will also have to be allowed. He felt that the lay out should have been fifty feet and that- Mr. Smith should not have this ten foot strip. Mr. Custance called attention to the fact that the lay out of the street of fifty feet in width came within four feet of the Truran house and for this reason both the Planning Board and the Board of Survey felt that the forty foot width was sufficient and approved the lay out of forty feet for that reason. It was also understood that at some future date the ten foot strip of land would be deeded to Mr. Truran for a small sum. Mr. Glidden felt that as long as the Zoning Law allowed such exceptions as this to be permitted, that it should be done in this case to help the situation along. He also called attention to the old cellar hole that remains unbuilt upon Mass. Avenue and hoped that conditions of this kind would not prevail in this development. No other evidence was offered and the hearing was declared closed. David M. Willard, Jr. of 211 Bedford Street came before ' the Board in response to the Board's request after he had not appeared at the advertised hearing owing to illness in his -family. He presented photograph showing the interior of the yr ' room in which he displays antiques and stated that he desired to use only two rooms, one for display and the other for the repair of furniture. He would repair furn- iture brought to him but the repair was mostly for the pieces he desired to sell. He explained that the location was directly opposite Mr. Coles' house; the house used formerly as the Tavern is the one occupied by him. He established the antique business there not knowing that it was not allowed, having in mind the various places in the neighborhood that were carried on as business, such as the roadside stand opposite, the golf driving range, Mary Alice Tea Room. Hearing was declared open upon the application of Pelligrino Ferri of 198 Bow Street for permission to remove an existing garage on Winn Street to location on Albemarle Avenue within twenty feet of said street line. The Clerk read the notice of the hearing.. Mr. Pellegrino Ferri was present represented by Mr. John A. Lyons. Mr. Lyons presented sketch and photograph showing where Mr. Ferri intended to move his garage. He , explained that with the garage removed it would allow better sun light for the plants and flowers grown by Mr. Ferri, and.it would improve the looks of the place by moving the 21 BOARD OF APPEALS PEW IT. garage to Albemarle Avenue where it would not be seen by any of the neighbors. The land on the other side of Albemarle Avenue runs up on to a Cliff and it would not be possible to build there. No opposition appeared and the hearing was declared closed. After the hearing was declared closed Mr. Carmen Pezzella appeared in opposition and the hearing was reopened and he stated that he came from East Boston and could not get here sooner, but he wanted to object. He stated that his land was across the street from the. Ferri property but not opposite and at the present time he is bothered from the Dattoli family throwing tin cans and refuse on his property which is located next to the Dattoli property. It was explained to Mr. Pezzella that this was only a two car garage and would have to be. built accordingly, and that he could not add on to it unless permission was given. However, Mr. Pezzella still objected. He stated that he owned the land since 1908, and some day would build there. The Board again declared the hearing closed and took the matter under advisement. The Clerk was requested to have plans from the Engineering office at each hearing of the Board so that the adjoining territory may be viewed. In reference to the application of James. R. Smith it ' was. voted to lay the matter on the table inasmuch as there were some items that had to be discussed with the Town Counsel, and the Board desired to view the situation. In reference to the application of David M. Willard., Jr. it was voted that the petition be granted in the following form: BOARD OF APPEALS PEW IT. No persons appeared in opposition. The Board of Appeals, acting under General Laws, Chapter 401, Sec. 27, having received a written petition addressed to it by David M. Willard, Jr. 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 Townsman a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the sixth day of January, 1933. The entire Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on beha;f of the petitioner tending to show: that he desired to sell and repair antique furniture in two rooms of the house #211 Bedford Street and did not intend to make any alterations or additions to the house. No persons appeared in opposition. 't7 At the close of the hearing the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings: ' 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status of the neighborhood. 3. That the exception requested will 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 involve practical diffi- culty and unnecessary hardship and the relief requested may be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findin;,s, the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the sale and repair of antique furni- ture in two rooms of. the house #211 Bedford Street so long as David M. Willard, Jr. remains the tenant of said House and not beyond December 31, 1933; that no articles for sale ' or exhibition are to be displayed outside of the house. .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 herein- before set forth and the testimony presented at the said 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BO_'.RD OF APPEALS OF LTsXINGTON (Appointed under G. L. Ch. 4030 Sec.27) Arthur N. Maddison C. Edward Glynn Roland W. B aldrey Curlys L. Slocum Theodore A. C ustance. I, Roland W. Baldrey, Clerk of the Board of Appeal s of"Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the 19th day of September, 1932 to Edmund D. and Mona ' H. Ayres, Eugene C. Loupret, Herbert F. Shannon, Walter J. and Mabel A. Bryant, Hallie C. Blake, Jeremiah T. and Mary E. Sanborn, George V. and Gertrude N. Benoit, Lexington S Trust Company, David J. Harrigan, Anna L. Culbertson, Ernest V. LaRose, Charles A. and Alice M. Stone, James H. Reid, Frank.Johnson, et al, Eliot F. Kendall and William A. Graves, and also advertised in the Lexington Townsman a notice of which the following is a true copy, Roland W, Baldrey, Clerk, Board of Appeals, Sept. 15, 1932. Lexington Board of Zoning Appeals Town Uffice Buildi4g, Lexington, Massachusetts Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section of the Lexington Zoning By-law with respect to the premises .at No. 211 Bedford Street owned by Hallie C. Blake of Lexington by permitting the following: To be used as an antique shop, consisting of one room only and the disp.lay of a suitable sign on the building. ' David M. Wilms, Jr. (Signature) 211 Bedford Street (Address) Lexington, Mass, N O T I C E Isxington, Mass. Oct. 13, 1932, The Board of Appeals will hold a hearing on the application of David M. Willard on the matter of .varying the application of the Zoning Law by permitting the use of the property situated at 211 Bedford Street for an antique shop, under the Lexington Zoning By-law and in accordance with Chapter 133 of the Acts of 1924, The hearing will be held on October 28, 1932 at the Selectmen's Room, Town Office Building at 8 P.M. Arthur N. Maddison Chairman, Board of Appeals. ' It was also voted to send a copy of the order to Nr. Hallie C. Blake who owns the property occupied by Mr. Willard. ,22 In regard to the application of Pellegrino Ferri, the mattdr was laid on the table. Mr. Sword, appeared before the Board, in behalf of his wife, Anna L. Sword, who made application for a roadside stand. He presented sketch showing the proposed building',. and stated that he desired the building to market his vegetables grown on the prdmises. Question arose as to the wording of his application relative to a permanent building. He stated by this he meant to infer a building simlar to the building of Mr. Napoli on Marrett Road. He was informed that the Board could only grant a permit for yearly terms and therefor could not grant a permit for a permanent building. It was voted to lay this application on the table. Meeting adjourned at 10:45 P.M. A true record, Attest: - Clerk. 1 1 1