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HomeMy WebLinkAbout1936-07-30195 BOARD OF APPEALS MEETING JULY 30, 19360 meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P.M. Messrs. Ferguson, Kimball, Robbins and Steeves were present. Mr. Ferguson was elected Chairman Pro -tem to act until the arrival of Mr. Glynn, Chairman Pro -tem in the absence of Mr. Maddison, who was delayed. The Acting Secretary was also present. At 8:00 P.M. hearing was declared open on the appli- cation of Clements H. & Mildred P. Ferguson for permission to maintain a conservatory (or greenhouse), 8 ft. x 12 ft., of steel and glass construction, to be used for pleasure only, at 28 Vine Brook Road. The notice of the hearing was read by the Clerk. Mr. & Mrs. Ferguson appeared in favor of the petition. Mr. Ferguson stated that he desired to erect a small greenhouse, 8 ft. by 12 ft. manufactured by the Truscan Steel Co. for a home conservatory. He presented cir- culars showing the proposed structure. He stated that he intended to put the building immediately in back of his garage so that it will not be seen from the street. It is a small structure, approximately 52 feet above the ground. He stated that they desired the conservatory for their own private use. Mr. Kimball in quire d how they intended to hs a t the greenhouse, and Mr. Ferguson replied that he intended to use a small coal heater. Mr. Howard Custance,r epresenting the Baptist Church, stated that he was in favor of the granting of the petition. No other persons appeared in favor or in opposition and the hearing was declared closed. Upon motion of Mr. Ferguson, seconded by Mr. Kimball, the Board in private session voted to grant the petition 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 Clements H. & Mildred P. Ferguson, 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 affbcted thereby as they appear on the most recent local tax lista nd 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 N 0 T I C E Lexington, Mass. July 16, 1936. 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 Clements H. & Mildred P. Ferguson and located at 28 Vine Brook Road, Lexington, the maintenance of a conservatory (or greenhouse), under the Lexington Zoning Lase or in accordance with Chapter 40, Section 27A of the General Laws, and anendments. The hearing will be held on July 30, 1936, at 8:00 P.M., in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The record of the meeting of July 16th, 1936, was approved. Mr. Kimball stated that he had noted that the Board of Appeals in New Rochelle made a survey of gasoline sold at the various stations so that when a gasoline applica- tion came before them they were in a position to judge somewhat as to the public necessity for the location. He thought that it might be w or#.hwhile for this Board to keep some sort of a similar record of the sales made at the various gasoline stations. It was ddcided to take no action on the matter until the Chairman, Mr. Maddison, returns. The meeting adjourned at 8:35 P.M. A true record, Attest: 44-� Cfe� . 1 195 BOARD OF EPPEALS MEETING ' JULY 300 1936. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P.M. Messrs. Ferguson, Kimball, Robbins and Steeves were present. Mr. Ferguson was elected Chairman Pro -tem to act until the arrival of Mr. Glynn, Chairman Pro -tem in the absence of Mr. Maddison, who was delayed. The Acting Secretary was also present. At 8:00 P.M. hearing was declared open on the appli- cation of Clements H. & Mildred P. Ferguson for pemission to maintain a conservatory (or greenhouse), 8 ft. x 12 ft., of steel and glass construction, to be used for pleasure only, at 28 Vine Brook Road. The notice of the hearing was read by the Clerk. Mr. & Mrs, Ferguson appeared in favor of the petition. Mr. Ferguson stated that he desired to erect a small greenhouse, 8 ft. by 12 ft. manufactured by the Trusean Steel Co. for a home conservatory. He presented cir- culars showing the proposed structure. He stated that he intended to put the building immediately in back of his ' garage so that it will not be seen from the street. It is a small structure, approximately QI feet above the ground. He stated that they desired the conservatory for their own private use. Mr. Kimball in quire d how they intended to he a t the greenhouse, and Mr. Ferguson replied that he intended to use a small coal heater. Mr. Howard Custance, representing the Baptist Church, stated that he was in favor of the granting of the petition. No other persons appeared in favor or in opposition and the hearing was declared closed. Upon motion of Mr. Ferguson, seconded by Mr. Kimball, the Board in private session voted to grant the petition 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 Clements H. & Mildred P. Ferguson, 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 lista nd 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 196 M �-C the 30th day of July, 1936. ' Four members and one associate member 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 they intended to erect a conservatory (or greenhouse) approximately 8 ft. by 12 ft, in the rear of their g araget for their own private use, to be heated by a coal -burning hot water heater. No persons appeared in opposition. At the close of the hearing, the Board in private session July 30, 1936, 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 servdd 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 I in the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning District in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, 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 Clements H. and Mildred P. Ferguson to erect and maintain a conservatory for greenhouse), approximately 8 ft. by 12 f t. in the rear of their garage located at 28 Vine Brook Road, and the same is not to be used for commercial purposes . The Board hereby make's a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings here- inbefore set forth and the ttettimony presented at the said hearing, including that herein summarized, and directs ' that this record immediately following this decision Co,Coll 19'7 M, shall be filed in the office of the Town Clerk of Lex- ington 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. 401, Sec.27) 0, Edward Glyhn Edward W. Kimball Charles E. Ferguson Clyde E. Steeves Howard W. Robbins. I. Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 20th day of July, 1936, to Clements H. and Mildred P. Ferguson, Florence L. Nickerson, J. Joseph and Anne T. Hurley, Emma T. Pring, Anne F. Rudd, Beatrice F. Morse, Blanch T. Nilson, Margaret M. Gallagher, Phyllis M. Jenney, Helen F. Lombard, Benjamin F. and Mildred P. Groot, Robert L. Ryder, Charles W. Ryder, Mary S. Valentine et al, James J. and Lucy D. Walsh, Matthew and Minnie B. Stevenson, Catherine T. MacDonald, Anstiss S. Hunt et al, Nobart M. English et als, William M. and Alice S. Crawford, ' Beatrice B. Burgess, Everett J. and Virginia Leavitt, First Baptist Church of Lexington, Edgar J. Thivierge, Bet?tha M. Baker, Colonial Garage, Inc., Eugene J. Viano, Ernest E. Viano, Lawrence F. Viano, and Felix Viano, and also advertised in the Lexington Minute -Man on July 16, 1936, a notice of which the following is a true copy. Howard W. Robbins Clerk, Bow d of Appeals. Jul? 14, 1936. 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 4 0, Section 271, to vary the application of Section 9A of the Lexington Zoning By -Law with respect to the premises at No. 28 Vine Brook Road owned by Clements H. & Mildred P. Ferguson of Lexington by permitting the following: ' A conservatory or greenhouse, 8t x 121 of steel and glass construction, manufactured by the Truscan Steel Co. This will only be used for pleasure and recreation and in no way would be a commercial venture. Clements H. Ferguson (Signature) 28 Vine Brook Road (Address) 198, Lexington, Mass. July 16, 1936. 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 Clements H. & Mildred P. Ferguson and located at 28 Vine Brook Road, Lexington, the maintenance of a conservatory (or greenhouse), under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on July 30, 1936, at 8:00 P.M., in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The record of the meeting of July 16th, 1936, was approved. Mr. Kimball stated that he had noted that the Board of Appeals in New Rochelle made a survey of gasoline sold at the various stations so that when a gasoline gpplica- I tion came before them they were in a position to judge somewhat as to the public necessity for the location. He thought that it might be wort hwhile for this Board to keep some sort of a similar record of the sales made at the various gasoline stations. It was ddcided to take no action on the matter until the Chairman, Mr. Maddison, returns. The meeting adjourned at 8:35 P.M. A 'true record, Attest: