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HomeMy WebLinkAbout1937-08-06FM BOARD OF APPEALS MEETING AUGUST 6th, 1937. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 7:30 P. M. Chairman Maddison, Messrs. Glynn and Kimball were present. The Acting Secretary was also present. During the absence of Mr. Robbins, Mr. Kimball was elected Clerk Pro -tem, At 7:30 P.M., the adjourned hearing was declared open on the application of Biagio Cacciola to maintain a roadside stand on the premises at 708 Marrett Road to sell produce grown on the property. The Building Inspector was present at this hearing. Miss Cacciola appeared representing her father and stated that he desired to renew his permit to maintain the existing stand. She retired. The Board, in private session, dicussed the matter and upon motion of Mr. Glynn, seconded by Mr. Kimball, it was voted to grant the permit in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, ' Chapter 40, See. 27, having received a written petition addressed to it by Guiseppa Cacciola, 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 Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building, on the 16th day of July, 1937. Three 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 tending to show: That she desired to have a roadside stand on her land situated at #708 Marrett Road to sell produce raised on her property in Lexington. No persons appeared in opposition. At the close of the hearing the Board in private session August 6th, 1937, gave consideration to the subject of the petition and voted unanimously in favor , of the following findings; (Mr. Ferguson and Mr. Robbins requesting to be recorded in favor of granting the petition). 0 ' 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 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 hard- ship 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 Guiseppa Cacciola to maintain a ' roadside stand about thirty feet from her lbt line on Marrett Road not more than twenty feet long by twelve feet wide, the stand to be kept painted and in good condition; and to sell thereon only produce raised on hdr land in Lexington, it being understood that no parking of cars by customers is to be permitted in Marrett Road, but satisfactory arrangements for park- ing shall be maintained on Mrs. Cacciola's property. This permit to run for one year beginning May 22nd, 1937. 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) ' A. N. Maddison Edward W. Kimball C. Edward Glynn Charles E. Ferguson Howard W. Robbins. mj 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 cer- tificate of mailing in the lst day of July, 1937 to Robert L. Innis & Dougal McLennan, Woburn Co-op, Bank, Adam Grigor, Catherine F. Herbert, Thomas J. Rinaldo, Toros H. Bashian, George W. & Helen Sarano, Frank Busa and Antonio Venuti, Caywood & Edith Greening, Jackson C. & Elmira M. Thyng, and Guiseppa Cacciola, and also advertised in the Lexington Minute -Man on July 1st, 1937, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. June 25, 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 9F of the .4exington Zoning By-law with respect to the premises at No. 708 Marrett Road owned by Guiseppa Cacciola of Lexington by permitting the following: Maintenance of a roadside stand. Biagio Cacciola (Signature) 708 Marrett Rd. (Address) BOARD OF APPEALS NOTICE Lexington, Mass. June 30, 1937. 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 Guiseppa Cacciola, and located at 708 Marrett Road, 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 Laws, and amendments. The hearing will be held on July 16th, 1937 at 8:00 P.M. in the Selectmen's Room, Town Office Building, Lex- ington, Mass. Arthur N. Maddison Chairman, Board of Appeals. The Board discussed the application of Anselm C. Mullen for permission to replace two old wooden build- ings with a modern .type of building on the premises at 361 Mass, Avenue. Inasmuch as the Town Counsel advised that in his opinion the Board did not have any authority to act on this application, the following letter was dictated by the Chairman to be sent to Mr. Mullen: August 7th, 1937. Mr. Anselm C. Mullen 361 Mass. Avenue Lexington, Massachusetts Dear Sir: The Board of Appeals, under the Zoning Law, have considered the question of your application, hearing on which was held July 16th, 1937. They have also dis- cussed the matter with the Town Counsel and the Board does not feel that under the Zoning Law as amended, they have authority to grant the petition for the destruction of the two present buildings and the erection of a new building to be used as a gasoline station. ' Yours sincerely, Arthur N, Maddison, Chairman, Board of Appeals. Mr. Longbottom reported that Mr. James R. Smith had not as yet made application for the renewal of his permit to maintain a sign advertising the sale of real estate at Mass. Avenue and Tower Road. This permit expired on June 21st, 1937 and Mr. Longbottom stated that he had called Mr. Smith's attention to the matter several times. The Board instructed Mr. Longbottom to take this matter up with the Town Counsel if, in his opinion, it was necessary. At 8:00 P.M., hearing was declared open on the appli- cation of Irving G. Clark to permit dancing on the premises located at 324 Marrett Road owned by the Medford Trust Company. The Clerk Pro -tem read the notice of the hearing. There were approximately twenty-four persons present. Mr. Clark was present and stated that he had a ' comparatively small place and the young people in the vicinity had asked several times if they could dance there. The building is located at the corner of Marrett 48 ;MW Road and Waltham Street and is known as "The Fife and Drum". He stated that he had room for only about five or six couples to dance. The music would be an electric ' machine similar to a vi ctrola. He stated that he did not desire a permit for a public dance hall but merely wished to accommodate the young people who come there. The dancing would be in what is known as the sun porch. He did not think it would be a nuisance in any sense of the word as he would be there every night to watch the people. Mr. Glynn asked Mr. Clark what he served on the premises and he replied that he served light lunches, etc., and that his place was similar to a Howard Johnson's or a Dutchland. No other persons wished to speak in favor of the granting of the petition. Mr. M. J. Hopkins of 11 Mill Top Avenue stated that he would not object to the permit as Mr. Clark expressed', it, that is having only a few coupes dancing, but he did object to what it might lead to. He felt that if the permit were granted, later on Mr. Clark might wish to enlarge the premises or he may sell it to someone else. He felt that it would cheapen the district and he, as a resident, objected to it. Mr. C. A. Huntington of 18 Prospect Hill Road stated that he felt the same way Mr. Hopkins did in regard to the matter. He felt that if one couple ' were allowed to dance, Mr. Clark would have to allow everybody to dance and it would bring in an undesirable element. He stated that he objected to the granting of the petition. Mr. C. A. Tracy of 12 Hilltop Avenue stated that he objected to the granting of the petition for the same reasons. Mr. Robert C. Boleyn of 12 Shade Street stated that he received two letters from residents of the vicinity who were away, Arthur F. Ritchie and wife and George A. Niallion, both of whom objected. He read both letters. Mr. Robert J. Fawcett stated that he represented the West Lexington Civic Association, and at a meeting held last evening, they voted to voice their objection to the granting of the permit. He stated that the Asso- ciation received several letters and telephone calls from residents in the section objecting. Mrs. C. A. Huntington of 18 Prospect Hill Road stated that she certainly objected to it. 6he felt that there was no need of allowing dancing at this location as there were plenty of places the young people could go to dance. She also felt that it would tend to make the property in that district less valuable if there was an undesirable dance hall located there. The Chairman stated that the Board had received ten I letters in op-oosition to the matter. 'AM Mr. Clark asked the Chairman if a permit were granted, if it was not revokable at any time if the place should become undesirable, and Mr. Maddison replied that in granting permits under the same clause, the Board has usually made them for a term of one year. Mr. Richard P. Cromwell of 21 Prospect Bill Road registered his objection. The hearing was declared closed at 8:15 P.M. Upon motion of Mr. Glynn, seconded by Mr. Kimball, it was voted to deny the petition in the following form: The Board of Appeals, acting under General Laws Chapter 40, sec. 27, having received a written petition addressed to it by the Medford Trust Company, 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 Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building, on August 6th, 1937. Three 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 behalf of the petitioner tending to show: that he desired to have dancing in connection with his lunch room at 324 Marrett Road, Lexington; that therd would only be room for about six couples to dance and that he, being there all the time, would supervise the dancing and see that it was run properly. No one else appeared in favor of granting the petition. There were twenty-four present, a large number of whom spoke in opposition, and ten letters were received by the Board opposing the granting of the petition. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that using the premises for dancing would be detrimental to the neighbors and their property; that there would be a tendency for parking on the side streets as a result of this use of the building; that this use of the building would not only be hoisy but would attract an undesirable element to the district. At the close of the hearing the Board in private session August 6, 1937, gave consideration to the subject of the petition and voted unanimously in favor of the ' following findings: Mr. Ferguson and Mr. Robbins requesting to be recorded in opposition to granting the petition: 7 P" CrJ S�+ 1. That in its judgment the public convenience and welfare will not be substantially served by the making ' of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not 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 difficulty 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 the Medford Trust Co. 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 a public record 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) A. N. Maddison Edward W. Kimball C. Edward Glynn Charles E. Ferguson Howard W. Robbins I, Howard W. Robb ins, 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 22nd day of July, 1937 to Eliza H. Syme , Robert H. & Olive E. Eldridge, Joseph & Susannah Potter, David A. Rix, Antonio Umbrello, Fred Bailey, John J. Malloy, John E. Hurley, Ella R. Baker, Jean M. Berry, Lawrence C. Bradshvw, James C. Carroll, Marion Cerella, Alice F. Grafe, Jennie T. Malone, Mildred T. Gould, Irving T. Gould, A'. C. Friend Mortgage Corp. of Medford, M. ' Emily Denvi.r, Sarah F. Dailey, J. Elmer Lowe, Vincent D. Testa, Chester R. & Grace H. Swenson, Ethel L. Phipps, 51 Nils Nilson, John F. & Mary E. McNeil, Harriet C. Wright, ' Munroe Ames, Delia V. Cassidy, Mary A. Santosuosso, Harriet R. Clarke, Elizabeth Timothy, William A. and Minnie L. Coakley, Ralph J. and Josephine C. Young, Lawrence A. and Eleanor T. Husted, Irving A. and Ethel N. Rich, Irene S. Murphy, Margaret M. Neil, Hilda M. Arvidson, Camillo and Elias Appollionio, James Syme, Minnie M. Ryder, Louise J. Carter, Herbert W. and Etta C. Torsleff, William D. Mac- Donald, George G. Whiting, Fritz Wihtol, Thomas G. Whiting, William H. Smith, Alice L. Tebbetts, Jenney Manufacturing Co., Mary E. Lowe, Marshall L. Tebbetts, Annie Lampron, Margaret S. Mackenzie, A. F. Baker & Co,, Inc., Erie A. and Evelyn Roberts, Clara Reynolds, John Cerullo, Evarts C. and Marion F. Hall, George E. Swanson, Margaret Newhart, Thomas Brown, Martha Ensign, Everett M. and Irene Dillman, Annie Katkoff, James Cook, Ervin R. Dix, John and Dagny Knudson, Ethel Whipps, Frederick G. Jones, Clarence P. Henley, Ingvald and Alice R. Nelson, Charles M. and Marie Rose Albert, Myrle K. Rundlett, William E. and Flora A. Myers, Abbey Nye Emery, Jan A, Rudski, Edna J. Arnold, Elizabeth A. Henderson, John Bullock et al, Josephine F. A. Thompson, Gladys M. Coffey, Louise E. Jolinson, Walter J. Good, John J. Gleason, Annie E. Frazier, Ralph J. Deyoe, Harold A. Conant, Bartholomew JLehan, Arthur L. and Mary' A. Russell, Edward M. Peters, William T. Spencer, Alexander ' A. Warner, Waltham Savings Bank, Waverly Coop. Bank, Standard Oil Co. of N. Y., Inc., Elizabeth C. Phelps, Edward F. Rogers, Henry Saarm, Axel and Henning W. Swenson, Vere C. Champlin, James J. and Elizabeth Campbell, Timothy L. Keefe, Ralph E. DeLoid, Neil McIntosh, Medford Trust Co., High Street Realty Co, Betty E. Krulee, Grace L. Hinckley, Edgar W. and Marion B. Houghton, Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, No. Cambridge Coop. Bank, Magda K. Moller, W. Leonard and Cora J. Flett, Robert N. K. and Elizabeth L. Svedeman, Stanley G. Thwing, Jane Foley, Emily Montgomery, Margaret A. and Alice T. Connelly, Harry W. Pierce, Tage and Eleanor M. Hansen, Violet M. Remick, George V. and Nora G. Hunt, Betty N. Lindstrom, Arthur E. and Emma H. Locke, Florence L. Richards, James A. Bailey, Home Owners Loan Corp., Annie Pd. Clemett, Elizabeth E. and Foster W. Higgins, Harry G. Moore, Douglas D. and Mildred E. Sweetser, Mabelle G. Steeves, Merrill Y. and Elizabeth P. Papen, Hosanna V. Andrews, Michael J. and Ellen F. Hopkins, Charles A. Tracey, Richard P. Jackson, Emil A. Gramstorff, Evelyne M. Atkinson, Madeline D. Taw le, Paul B. and R ba E. Cowdrey, Harriet E. Henderson, �'George Frederick S. Walker, F. Garrity and John H. Ward, Sarah L. Hatfield, A. P. Schutze & Co., Caroline W. Parsons, Thomas A. Meek, Bridget A. Chisholm, Admx., Frederick A. Connor, George A. Givan, Edward Crouch, Gaetano and Berta Francescelli, Camile J. and Anna Tremblay, George W. and ' Helen M. Ewing, Jenrette L. Bennett, Lulu M. Blake, Mary Marshall, Annie M. Gott, John F. and Elizabeth F. Downey, 52 Howard W. Robbins Clerk, Board of Appeals. July 17, 1937. LexingtonBoard 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 6D of the Lexington Zoning By-law with respect to the premises at N6. 324 Marrett Road, owned by Medford Trust Co. of a� Ralph E. and Florence V. Cox, E. J. Weldon Morrison and Helen B., Warren S. Grant, Aubrey and Sadie W. Caldwell, ' Ransom F. and Eva I. Williams, Patrick Malloy, Jeanette B. Fountain, Watertown Coop. Bank, Marguerite E. Comman, Charles J. and Margaret F. Martin, Clarence E. and Catherine M. McElman, Edwin Sleeper, Alice A.'Wilson, Margaret McDonough, Laura A. Partridge, Clarence A. and Gertrude Crooker, John P. Dailey, John G. Norberg, Regna M. Vaccarest, Elmano Be Nunes, Lexington Savings Bank, Walberg Swenson, Francis V. Healey, Tage Frey, Lois M. Durling, Sarah Greaves, Sidney B. and Margaret W. Heywood, Jennie M. Partridge, Thomas and Matilda Davison, Sidney R; WrightinFton, Admr., Catherine F. Stevens, Margaret M. LXnch, William F. and Jennie A. Downe, Elizabeth T. Keefe, William O'Connor, Evelyn Be Soar, Howard I. and Nellie M. Saunders, David and Sarah Gaddis, Chsrlotte L. and Helen G. Murphy, Josephine Nunan, Thomas M. and Lena G. Kehoe, Charles A. and Edith K. Huntington, Richard P. Cromwell, Sigrid W. Kinquist, Mary R. Jacobs, Thomas L. and Blanche M. Taylor, Charlotte Cogswell, Axel M. and Ingeborg N. Swenson, Fred L. Lord, Pes;rle C. Montgomery, Kittrena G. Weldon, James S. and Marie A. Mowat, George A. and Hazel M. Mallion, Perley H. Osgood, Mae E. Ritchie, C. Raymond and Gretchen A. Reed, Paul A. and Thelma F. Mather, Caroline T. Ree4, Rosalie M. Pierce, William H. Kearns, Karl D. and Jessie M. Whitmore.. Florence M. Liebing, Thomas IN. Whittle, Lillian F. Watts, William and Annette I. Thurston, Laura M." ' Strout, Elsie V. R. Smith, Elizabeth P. Kenworthy, Edgar W. Gage, Charles Plocke, Harold A. Conant, Fred N. and Clara A. Bowers, Joseph f. Ahern, William S. and Margaret J. B. Phillips, Ralph A. Bartlett, Ralph Durgin, Lexington Coop. Bank, Charles and Gerda Harold, Lillian R. Caouette, and Irving G. Clark, and also advertised in the Lexington Minute -Man on July 22nd; 1937, arnotice of which the following is a true copy.. Howard W. Robbins Clerk, Board of Appeals. July 17, 1937. LexingtonBoard 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 6D of the Lexington Zoning By-law with respect to the premises at N6. 324 Marrett Road, owned by Medford Trust Co. of Medford by permitting the following: ' Dancing from 6:00 to 12:00 P.M. The premises are le^sed and operated by Clark of 1735 Beacon Street, Waban, Mass. Dancing will be under the supervision of and is intended for patrons only as we do not dancing to the extent that the place will be hall. 1 1 Irving G. Mr. Clark with to have public dance Irving G. Clark (Signature) 1735 Beacon St. (Address) Waban N 0 T I C E Lexington, Mass. July 22nd, 1937 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 the Medford Trust Company, and located at 324 Marrett Road, Lexington, dancing on the premises, 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 August 6th, 1937, at 8:00 P.M. in the Selectments Room, Town Office Building, Lexington, Mass. Arthur N. Maddison Chairman, Board of Appeals. Mr. Ferguson and Mr. Robbins wished to be recorded in opposition to the granting of the permit. The records of the meeting held July 16th were approved by the Board. The meeting adjourned at 8:32 R.M. A true record, Attest: Clerk, Pro -tem. M,