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HomeMy WebLinkAbout1937-02-19271 BOARD OF APPEALS MEETING ' February 19th, 1937. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on February 19th, 1937, at 7:30 P.M. Chairman Maddison and Messrs. Ferguson, Kimball, Glynn and Robbins were present. The secretary was also presen t. At 7:30 P.M. hearing was dedlared open upon the application of Ciriaeo Cataldo for permission to use the house located at 59 Bow Street, Lexington, as a two family dwelling. The notice of the hearing was read by the Clerk. Mr. Cataldo appeared in:'favor of the petition. He said that he wanted to us the house for two families because it was too large for one family and was plenty large enough for two families. He said that the house had been used formerly as a two family dwelling illegal-ly, but he wanted to use it for this purpose legally. .The Chairman asked how many rooms there were, and he said that there were twelve and that those twelve could be made into sixteen. There are two bathrooms and two stoves. The. Chairman asked if there was a dividing wall between the two tenements before, andhe said that there was not but that a wall could be put up very easilly. ' The Chairman asked Cataldo how long he had owned the premises and he said that he purchased the property last October. He rented the farm that goes with the house before that but never had anything to do with the house. John Shaw of Arlington owned the property before he did. Mr. Glynn asked what Mr. Cataldo planned to do to make it into a two family house. Mr. Cataldo said that he would not make any changes but would rent the upstairs floor. It would have two electric light meters, two furnaces, etc. and he migth let one of his boys use the upstairs apartment. The Building Inspector, Mr. Longbottom, stated that when Mr. Cataldo purchased the house he called him and told him that it was being used as a two family house and he wanted to use it for that purpose legally.. He said that there are two kitchens and that Mr. Cataldo had done a lot of grading ar and it. Mr. Glynn asked how long it had been used as a two family house and Cdr. Longbottom said that the did not know definitely, but that Mr. Shaw took out a permit for plumbing on Feb. 8, 1927 and probably it had been used as a two family house since then. Mr. Cataldo said that when he had finished what he wished to do, the front door would be used by both tenenants and there would be a side door that the upstairs tenant could use. Mr. Longbottom said that Mr. Cataldo would not need to_make any structural changes, and Mr. Cataldo said that he did not intend to make any changes outdoors. ' He. retired. Upon motion of Mr. Kimball, seconded by Mr. Glynn, it was voted to gram: `the petition in the following form: 272 ,o 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 Ciriaco Cataldo,a copy of which is. hereto annexed, held a public hearing thereon which notice was mailed to the petition- er 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 al so advertised in the Lexington Minute -Mama newspaper published in Lexington, which hearing was held in the Selectmen}s Room, in the Town Office Building on the 19th day of February, 1937. . Five members of the Beard 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 had purchased the property last October and is desirous of making such alterations as will permit the use of the house by two families; that for many years it had been occupied by more than one family; that the petitioner had improved the property since he purchased the same; that there are twelve rooms in the house, many of which are large, and the halls are large; and in this neighborhood it is too large a house for the occupancy of one family; that the petitioner did not intend to make any change in the exterior appearance of the house. No one appeared in opposition. At the close ofthe hearing the Board in private session ' on February 19th, 1937 gave consideration to the subject of the petition and voted unanimously in favor of the follow- ing 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 im- pair 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 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 prov- isions of the Lexington Zoning By-law as to the locus in question'would involve substantial }hardship to the petitioner and that desirable releif may be granted without substantially derogating from the intent or purposezof such Lexington Zoning By-law'. 273 Pursuant to the said findings, the Board hereby unani- mously decides that the application of th-e said Lexington Zoning By-law is hereby varied so far.as may be necessary to permit Ciriaco Cataldo to make such changes other than structural changes which may be necessary to use the house for two families, and to use the house for two familes, on the condi- tion that the exterior of the house is not to'be altered. The Board hereby makes a detailed record of all its proceeding.relative to such petition and hereby sets forth that the reasons for its decision are its findings here- infore s et forth and the testimony presentedat the said hearing, including that herein summarized, and directs that this record: immediately following this decision shall be filed in the 6ffice of the Town Clerk of Lexington and shall be open to public inspection and that notice of this deci- sion shall be mailed forthwith to each party in interest. BOARD OF' APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) A. N. Maddison Edward W. Kimball Charles E. Ferguson C. Edward Glynn 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 2nd day of February, 1937, to Heirs of Lawerence Leary, John D. & Julia M. Barry, John A. Wiggens, Ida T. Waite, Hannal E. Waite, Carmella Moretti, Benigno Sant6suosso, Felecia Vozella, Benjamin Santossuosso, Peter Penta, Donizio DeMarties, Charles J. Henrich, Fred Brogna, Lary E. Coily, Pasquale Moretti and Ciriaco Cataldo, and also advertised in the Lexington Minute -Man on February 4th, 1937, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. January 11, 1937. ' Lexington Board of Zoning Appeals Town Office Building Lexington, Massa Gentlemen: The undersigned hereby petition the Lexington Board 274 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. 59 Bow Street owned by Ciriaco Cataldo of Lexington (known as Jerry Cataldo) by permitting the following: To use house as a two family house instead of one. Ciriaco Cataldo Signature) 40 Rindge Ave. .Address) Lexington, Buss.. NOTICE Lexington, .Mass. January 29th, 1937. The Board of Appeals will hold a hearing on the idatter of varying the application of the Zoning Law by permitting on the premises,located at 59 Bow Street, Lexington, owned by Ciriaco Cataldo, the use of the house as a two family dwelling, under the Lexington Zoning Law or in accordance with Chapter 402 Section 27A of the General Laws and amendments. The hearing will be held on February 18th2 1937, at 7:30 ' P.B. Arthur N. Maddison Chairman, Board of Appeals. The records of .the meetings held on February 5th, Arid' February 12th were approved. Upon motion of Mr. Kimball, seconded by Mr. Ferguson, it was voted to grant the Pet6tion petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 401, Sec. 27, having received a written petition addressed to it by Eric S.'& Agnes D. Peterson, t by e, 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 Le±ington; which hearing was held in the Selectmen's Room, in the Town Office Building on the 5th ' day of February, 1937. 275 Four 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 be half of the petitioner tend- ing to show: Mr. Roy Peterson appeared for the petitioners and stated that they were desirous of using the lot numbered 27 Blossom Street for a gasoline service station; that they planned to con- struct a neat and attractive building, which they expected to set back about sixty feet (601) from the edge of the traveled let, eay. No opposition was offered to the granting of the permit. At the close of the hearing the Board in private session on Febraury 19, 1937 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 owing to conditions specially 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 Bea -law as to the locus in question would involve substantial hardship to the petitioner and that desir- able releif may be granted without dubstahtially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decided that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Eric S. & Agnes D. Peterson to construct and maintain a gasoline service station substantially according to a plan submitted to the Board on that portion of the lot numbered 27 Blossom Street, beginning at a point 2001 easterly of the junction of the easterly, line of Blossom Street with the southerly line of the new Concord Highway 2001 and for a depth of 1001 throughout. The portion of the lot as described having been made a C.1 district at a special town meeting held Dec. 7, 1936, subject to the following conditions : 1. No building or sturcture, including pumps and signs, and poles for electric lights, shall be plced on the lot within 201 of the lot line of the new Concord Highway; 2. No lighting effects shall be ased on the premises whi&h will be a nuisance to the neighbors; 3. The premises shall at all times be kept in good repair and neat condition; 4.• No automobile parts or accessories shall:: be stored out- side the building. ' 5. Any signs on the premises shall be subject to the approval of the Building Inspector. 277 This permit shall be null and void unless the gasoline service station is completed and in op,�ration within one year of the date hereof. 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 hereinbe- fore set forth and the testimony presented at the said hear- ing, 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 LLXIIVGTON (Appointed under G. L. Ch. 40, Sec. 27) A. 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 Nailing on the 23rd day of January, 1937, to Henry S . Moody, Lucy H. Mal- oney, Harry F. Boinay, Ernest H. R. Burroughs, Sarah A. Cutler, Ernest DeVincent, Rev. John A. Bowman, Patrick J. Shannahan, John M. Miskell, Willard E. Robinson et al , Trs., Biagio & Augustina Tambascia, Henry C. Packard, Augustus J. Silva, Mab - elle S. Thompson, Tekla B'e'rlin, TAnnie.'T.,: and. Letitia:-Oarrol:l, Gabriel D. &-latia-Raiva :-:James S. Reardon, A rthur C. & Isabelle Salisbury, Marie G. Rose, Emily M. Leonard, Luigi Ferrazzani, Emilia Ferreira, Ethel'L. & John F. Daly, Antonio J. Lima, Louis J. neynolds, Joseph E. Perry, Tr., James E. Bartlett, Axel & Henning W. Swenson, Alice A. Frost, Thomas F. Costello, Michael J. & Lawerence M. and P. Edward Carroll.. George A. Calderwood, and Esther L., Curlys L. Slocum, Culrys L. Slocum,_ Jr., Walter M. & Anna M. Pease, Arthur F. & Edwin W. Hutchinson, Floyd A. Bradstreet, Mary E. Gracey, Eva F. Isakson, Gladys Jackson, Alice L. & Charles T. Johnson, Lexington Lumber Co., Carrie Peterson, Eric S. & Agnes D. Peterson, Harda A. Rowe, Mary A. Tambini, Adam Good, Lizetta Good, Libba An Pauline Tahre, Louise Yosgandes, John & Kazimera Ytudis, Patrick J. Gilligan, Joseph & Martha Yntas, Amelia Prilgausky, Peter & Elsie Johnson, and also advertised in the Lexington Minute -Man on January 21, 1937, a notice of which the following is a true vopy. ' Howard W. Robbins Clerk, Board of Appeals 278 �c January 20, 1937. 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 6C of the Lexingtoh Zoning By-law with respect to be premises at 23o. 27 Blossom Street owned by Eric S. & Agnes D. Peterson, t by e, of Lexington by permitting the following: Gasoline Service Station. Roy C. Peterson (Signature) 27 Blossom Street (Address) NOTICE January 21, 1937. Lexington, Mass. 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 Eric S. & Agnes D. Peterson, t by e., and located at No. 27 Blossom Street, a gasoline service station, under the Lexington 'Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws ani? amendements. The hearing will be held at the Selectmen's Room, Town Office Building, on February 57 1937, at 8:00 o'clock P.M. Arthur N. Maddison Chairman, Board of Appeals The meeting adjourned at 8:45 P.M. A true record, Attest: 11-01 r, �_ IJ