Loading...
HomeMy WebLinkAbout1933-03-03BOARD OF APPEALS MEETING C17 MARCH 3, 1933. ' A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building. Messrs. Custance, Glynn, Slocum and Baldrey were present. Miss Elinor Moakley was also present. Mr. Custance acted as Chairman in the absence of Mr. Maddison. Mr. John Lyons, Attorney for Pellegrino Ferri; appeared before the Board in regard to Mr. Ferr•i's petition to remove a garage from its existing location on Winn Street to his land on Albemarle Avenue within 20 feet of the street line. Mr. Lyons stated that he felt the Board might be hesitant to graft the permit in case a question of damages might arise in the Town decided to widen Albemarle Avenue. Therefore he talked with Mr. Wrightington, Town Counsel, and had drawn up a release suitable to the Town Counsel, holding the Town harmless and agreeing to remove the garage at no expense to the Town. This release was to be filed at the Registry of Deeds with the deed of the property and would be binding upon Mr. F'erri's heirs and assigns. Mr. Glynn felt that the release should be made broader as he felt that bhei�e might be several other reasons why the Town might wish to have the garage moved other than widening the street. He felt that a olausee should be added to the ' effect that Mr. Ferri would move the garage without expense to the Town upon the request of the Selectmen. Mr. Custance felt that this might put Mr. Ferri to con- siderable inconvenience, but Mr. Glynn was of the opinion that -Mr. Ferri should be willing to take that chance. Mr. Lyons also stated that Mr. Ferri would be wi.114ig to do whatever the Board desired, only he would not want to have the power abused, but that he would have to take a•change on it. Mr. Baldrey felt that it should be made a non -conforming use so that he could not build another garage there. However, it was felt that he could not do this, as the permit to be granted and the agreement refers only to the existing building to be moved., Mr. myons stated that he would be agreeable to any conditions in the release that the Board required, and as there were no further questions.thb_Board desired to ask him, he retired. The minutes of the meeting of February 17th were read and approved. The Board considered the Ferri application, and upon motion of Mr. Glynn, unanimously passed the following vote: - "Voted: That the Board of Appeals grant the petition of ' Pellegrino Ferri to remove an existing garage located on Winn Street to a site on his land on Albemarle Avenue as shown on plan entitled, "Ferri N,13.rseries, by George IN. Taylor and Sons, Scale 1 inch - 10 feet, dated March 3, 1933", filed with this permit, said location being within twenty feet of the street line set back sufficiently so that the opened doors or ' any other part of the building shall not extend over the street line, subject to his executing a covenant with the Town of Lexington which is satisfactory to the Board of Appeals which is to be filed at the Registry of Deeds, agreeing to remove said structure at the request of the Selectmen without expense to -the Town, and agreeing to hold the Town harmless for any damage arising as a result of said garage being located on said location. This permit is granted forthe existing garage only. This garage, in its permitted location, shall become a non -conforming use a defined in the Lexington Zoning By-law and bubject to the provisions thereof." It was also decided that a copy of the vote should be sent to Mr. Maddison to take up with Mr. Wrightington, and than Mr. Lyons could arrange to see Mr. Wrightington in regard to the agreement. •It was therefore voted to grant the permit in the following form: - BOARD OF APPEALS PERMIT. The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition ' addressed to it by Pellegrino Ferri 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 Offied Building on the 6th day of January, 1933. All the members of the Boar. of Appeals were present at the hdaring. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: that he desired to remove the garage on his property on Winn Street within 20 feet of the street line to another portion of his land on Albemarle Avenue within 20 feet of the Street line, owing to the fact that it interfered' with his nursery business in its present location and furthermore it would be less unsightly and objectionable if it were placed in the suggested location. At the close of the hearing the Board in private session on March 3, 1933 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgement 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 purposesand 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 inbolve practical difficulty 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 findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Pellegrino Ferri to remove an existing garage located on Winn Street to a site on his land on Albemarle Avenue as shown on plan entitled, "Ferri Nurseries, by Geo. W. Taylor & Sons, Scale 1 inch - 10 feet, dated March 3, 1933", filed with this permit, said location being within twenty feet of the street line set back sufficiently so that the opened doors or any other part of the building shall not extend over the street line, dubject to his executing a covenant with the Town of Lexington which is satisfactory to the Board of Appeals which is to be filed at the Registry of Deeds, agreeing to remove said structure at the request of the Selectmen without expense to the Town, and agreeing to hold the Town harmless for any damage arising as a result of said garage being located on said location. This permit'is granted for the existing garage only. This garage, in its permitted location, shall become a non -conforming use as defined in the Lexington Zoning By-law and subject to the provisions thereof . 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 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. Board of Appeals of Lexington (Appointed under G.L. Ch. 40, Sec.27) Arthur N. Maddison Roland W. Baldrey C. Edward Glynn Curlys L. Slocum Theodore A. Custance. F- L I, Roland 71. Baldrey, Clerk of the Board of Appeals of ' Lexington, alppointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by registered'mail on the 22nd day of December, 1932 to Domonic Sacco, Peter Penta, Raffael Tribuna et al, Concetta Mongiello, Pasquale & Carmilla Morretti, Trimont Co-operative Bank, Marciano ' Cardillo, Louis & Anto Aetta Cercere, Edward J. & Annie S. Harkins, Carmen Pezzella, Leo Dattoli, Stanislano Mollgname, Gustaf & Vanja Julin, Anthony J. & Julia Racitti, Charles S. Squires, Mina H. Smith, Earle & Emma A. L. Swanson, Nellie M. Weeks, Pellegrino Ferri, and also advertised in the Lexington Townsman on December 22, 1932, a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: - The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 401, Section 27., to vary the application of Section 7 of the Lexington Zoning By-law with respect to the premises at the corner of Albermarle Avenue and Winn Street owned by Pellegrino Ferri, ' of 108 Bow Street, by permitting the following: Removal of existing garage on Winn Street to location on Albermarle Avenue within twenty feet of said street line. Pellegrino Ferri 108 Bow Street N 0 T I C E Lexington Board of Zoning Appeals. December 21, 1932. Notice is hereby given that the Board of Appeals of Lexington appointed under General Laws, Chapter 40, Section 27, will give a hearing in the Selectmen's Room in the Town Office Building on Friday the 6th day of January, 1933 at 8:20 P.M. on the petition of Pellegrino Ferri of 108 Bow Street, Lexington, that the Board vary the application of the Lexington Zoning By-law in accordance with the authority therein contained and in accordance with Chapter 133 of the Acts of 1924, by permitting the maintenance of a garage on Albermarle Avenue within twenty feet of said street line. Arthur N. Maddison, Chairman, Board of Appeals. The Sword application was also laid on the table. The meeting adjourned at 10;10 P.M. A true record, Attest: Clerk, 1 The Board then discussed the application of the A. G. Davis Ice Co. for an Ice Manufacturing Plant at 3 Grant Street. Mr. Glynn stated that he disliked to go beyond the Zoning By-law, and he felt that in this case, it would create no hardship if the permit were denied. He also objected to the use of ammonia, and felt that the machinery would become very noisy. Mr. Custance stated that he went up to Leominster to tiew the ice manufacturing plant there. Mr. Baldrey also felt that it would be very noisy. Mr. Custance urged that the members of the Board go to Leominster to view the plant before making any decision. The Board decided to lay the application on thetable until the next meeting. The Sword application was also laid on the table. The meeting adjourned at 10;10 P.M. A true record, Attest: Clerk, 1