HomeMy WebLinkAbout1935-06-28137
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BOARD OF APPEALS MEETING
JUNE 28th5 1935.
A meeting of the Board of Appeals was held in the Select-
menrs Room, Town Office Building, at 8 P. M. Messrs. cdaddison,
Ferguson, Glynn, Kimball and Robbins were present. The Secre-
tary was also present.
The hearing was declared open at 8 P. M. on the application.
of Bessie Baker, 563 Marrett Road, LexinM_ton, to vary the ap-
plication of Section 9 (f) of the Zoning By -Law with respect to
the premises at 553 Marrett Road, by permitting the maintenance
of a roadside stand to sell vegetables grown by her on her own
property.
Mrs. Baker stated that she was renting the property owned
by Russell`Bray at; 563 Marrett Road and that she had slready
planted vegetables on the property. She stated that the land
on which the stand which she wishes to operate is located, is
owned by Mr. John Waugh of Cambridge and was formerly owned by
the Misses Anna A. and Louise M. Hannaford. She stated that Mr.
Waugh had Uiven her permission to use the land which he owned
and furnished the Chairman with a written statement which Mr.
Waugh had made as follows: "I allow Mrs. Baker to use the land
' owned by me on Marrett Road, Lexington, to plant on until fall,
1935. 'Also to use the small building without chargee. She
thought that she would like to add to her income by maintlining
a stand to sell vegetables.
The Chairman asked if Mrs. Baker leased the land from Mr.
Waugh and he was informed that she did not lease the land, she
was merely given the privilege of using it until fall, 1935.
The Chairman inquired how large her gardon was and she said
that it was a good-sized garden, but gave no dimensions, merely
stating that she,had planted both on the Bray and Waugh proper-
ties.
The Chairman asked Pairs. Baker what she planned to sell and
she stated that she wished to sell all kinds of vegetables.
Mr. Glynn inquired if there was a roadside stand now built
on the property. Mrs. Baker informed him that there was a stand
there now but that she intended to make repairs to it. She said
that she understood that all vegetables sold would have to be
grown by her.
Mr. Glynn asked if she wished to display any signs. Mrs.
Baker asked the Board if it would be against the rules of the
Board or the Town if she were to erect a sign and stated that she
thought a small sign with the words "Vegetables for sale" might
be desirable. The Board informed her that a small sign under
six square feet in area was permissable.
The Chairman asked if there was a driveway to the stand and
Mrs. Baker stated that there was a circular drive.
No other persons spoke in favor of the petition.
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Mr. Thomas Heaney of 570 Marrett Road stated that he believed
that there was an error in the notice of the hearing that he had
received and the Chairman explained that there had been a cler-
ical error.
Mr. Heaney stated that he lived within 100 feet of the
property in questionand was the nearest abutter and h@ objected
to the granting of the petition.
The chairman inquired if Heaney would object if the.Hanna-
ford's were making; an application, and Heaney stated that he
could not object, that they already had a permit long before the
Zoning Law went into effect.
Louise M. Hannaford stated that the land nearest the Bray
property was owned by one Josephine Merton, a secretary in the
office of Mr. John Waugh's attorney.
The Chairman asked if there were any more persons desiring
to speak and as there were not, he declared the hearing closed
and stated that the matter would be taken under advisement. '
The Chairman stated that Mrs. Baker did not have a lease
Miss Annex A. Hannaford of Middleby Road, Lexington, spo$e
in opposition to the granting of the petition. Miss Hannaford
,
stated that she had been operatin` a roadside stand on the prop-
erty in question for twenty-five years and was there re 4�iigd that
n 2 1�g q e1 tB Abwelpttinto effect s e appeared
granted to do
be ore he oa d f elec men and s e was a permit
business even though her property was outside of the business
area, with the provision that the permit was never to be used
after the Hannaford family died out. She stated that the area
involved had a frontage of 275 feet and was 390 feet deep. Her
sister, Louise M. Hannaford, had paid 43000. for the property
and two years ago Mr. John Waugh took a mortgafTe in the amount
of 5;1200. Some time in January of this year, Waugh foreclosed
the mortga-e and claimed, therefor, that he was the owner of
the property. Miss Hannaford stated that her sister had six
months in which to redeem the property and that this time is not
yet up, and that she was endeavoring to procure X1200. in order
to rea4em it. When Waugh took a mortgage on the property, Miss
Hannaford gave him the deed to the place and Waugh promised to
erect a new stand and even furnished a plan of the same. Some
time ago however, during the night, he erected a small shack,
and according to the Hannaford sisters, this building was erected
without a permit.
The Chairman informed Miss Hannaford that that matter a.id
not affect this Board.
Miss Louise M. Hannaford stated that she objected to the
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granting of the permit; that she still had right of redemption
and was endeavoring to met the property back; that she felt that
the Board should not grant the permit until the question of the
title was definitely settled.
Mr. Thomas Heaney of 570 Marrett Road stated that he believed
that there was an error in the notice of the hearing that he had
received and the Chairman explained that there had been a cler-
ical error.
Mr. Heaney stated that he lived within 100 feet of the
property in questionand was the nearest abutter and h@ objected
to the granting of the petition.
The chairman inquired if Heaney would object if the.Hanna-
ford's were making; an application, and Heaney stated that he
could not object, that they already had a permit long before the
Zoning Law went into effect.
Louise M. Hannaford stated that the land nearest the Bray
property was owned by one Josephine Merton, a secretary in the
office of Mr. John Waugh's attorney.
The Chairman asked if there were any more persons desiring
to speak and as there were not, he declared the hearing closed
and stated that the matter would be taken under advisement. '
The Chairman stated that Mrs. Baker did not have a lease
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' on the property and therefor could not be regarded as the owner
and that the matter would be entirely different if furs. Baker
had a lease.
He stated that on a foreclosed mortgage, the mortgagee has
the title to the property, but the mortgagor has six months in
which to redeem the property. He thought that inasmuch as the
stand was built before the Zoning By -Law went into effect and
the permit hay been granted, it really should go with the land and
not with the owner.
Mr. Ferguson stated that before a decision was reached, he
thought he would like to see how much land the Baker's were
going to cultivate for if they were going to farm on1v a very
small area, he did not feel that the permit should be granted.
The Board felt that there was a question as to the owner of
the property and that if a permit were granted to Mrs. Baker at
this time and if the title reverted back to the Hannaford's,
that Mrs. Baker would have been put to unnecessary expense.
The Board voted unanimously to deny the petition in the
following form:
The Board of Appeals, acting under General Laws, 8hapter
40, see. 27, having received a written petition addressed to it
by Bessie Baker 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 apLear 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 June 28th, 1935. All of the members of
the Board were present at the hearing. A certificate of notice
is hereto annexed. At this hearing evidence was offered on be-
half of the petitioner tending to show:
That she occupies the property formerly known as the Bray
property adjoining* 553 Marrett Road; she presented a letter from
John Waugh who claimed to he the owner of the property on Marrett
koad, giving her permission to plartthereon until fall, 1935, to
raise vegeta}-Iles and to use the small building on his land; that
she raised produce on both properties and desired a permit for a
roadside stand to sell the same.
Evidence was o*fered on behalf of citizens opposing the
granting of the sdid petition tending to show that there was some
question as regards the ownership of the property at 553 Marrett
Road.
At the close of the hearing the Board in private session
June 28th, 1935 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 not be substantially served by the making of the exception
requested.
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2. That the except -on requested will tend to impair the
status of the neighborhood.
3. That the exception requested will hot -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 diffi-
culty and unnecessary hardship and the relief requested may not
be granted without substantial 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 Bessie Baker for permission to maintain a road-
side stand to sell vegetables grown by her on her own ,property.
There is considerable question in the minds of the Board, as the
petitioner is not, in the opinion of the Board, the owner of the
property at 553 Marrett Road; further that she has no lease of
property given for a consideration. Furthermore from the evi-
dence offered at the hearing, there seems to be more or less
question as to the title of the property at 553 Marrett Road.
The Board hereby makes a detailed record of all its pro-
ceedings 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, includ-
ing that herein summarized, and directs that this record im-
mediately 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 Al-_IALS OF LEXINGTON
(Appointed under G. L. Ch. 40, sec. 27)
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Arthur N. Maddison
C. Edward Glynn
Edward W. Kimball
Charles E. Ferguson
Howard W. Robbins
I. Howard W. Robbins, Clerk of the Board of Appeals of Lex-
ington appointed under General Laws, Chapter 40, Section 27,
hereby certify that I sent by postage certificate of mailing on '
the 13th day of June, 1935, to Marie A. Miller et al, George W.
& Helen B. Saranc, Edward J. & Margaret M. McNamara, Frank E. Bou-
gie, Mary M. King, Joseph Warren Co-op. Bank, Lexington Lumber
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' .Company, Carl A. Thayer, Waltham Co-op. Bank, Katherine Whit-
tier, Sylvia H. Aker, Augusta C. Holm, Gladys Harvey, Theresa
A. Connor and Anna A. Sennott, Johanna Hultman, Edgar F. &
Emily R. Scheibe, Neil McIntosh, Irene F. Webb, Richard Whit-
temore, Charles E. & Lillian E. Goodridge, Charles W. &
,Robert L. Ryder, Margrethe Kargaard, Russell S. Bray, Louise
M. Hannaford, Robert J. Fawcett, Robert P. Trask, Robert L.
Innis and Dougal McLennan, Charles W. & Mary A. Fittz, Jose-
phine R. Martinage, Thomas J. & Jennie Heaney, Frank A. &
Mary Napoli, Highland Trust Co., Bessie Baker, and also ad-
vertised in the Lexington Minute -Man on June 13, 1935, a notice
of which the follo*ing is a true copy.
Howard W. Robbins _
Clerrc, Board of Appeals*
June 12, 1935.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass*
Gentlemen;
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Section
27, to vary the application of section 9 (f) of the Lexington
Zoning By-law with respect to the premises at Marrett Road
owned by John Waugh of Cambridge, Mass.., -by permitting the
followitg: Roadside stand to sell vegetables grown by me
on my own property.
Bessie Baker (Signature)
563 Marrett Rd. (Address)
Lexington, Mass,
N O T I C E
Lexington, Mass.
June 12, 1935.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
on the premises owned by Louise M. Hannaford as of January
1st, 1935, and located at 553 Marrett Road, Lexington, a
roadside stand to sell produce grown on the property, under
' the Lexington Zoning Law or in accordance with Chapter 40,
Section 27A of the General haws, and amendments..
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The hearing will be held on June 28th, 1935, at 8:00 P.M.
in the Selectmen's Room, sown Office Building, Lexington,
Mass.
Arthur N. Maddison,
Chairman, Board of Appeals.
The records of the meeting held on June 21st, 1935, were
approved with corrections as noted by the Chairman.
The meeting adjourned at 9:15 P. M.
A true record, Attest:
`�Clerk.�C�r2
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