HomeMy WebLinkAbout1938-02-251
BOARD OF APPEALS MEETING
February 25, 1938,
A meeting of the Board of Appeals was held in the Select-
ments Room, Town Office Building, at 8:00 P, $q. Chairman
Maddison and Messrs. Kimball, Glynn, Ferguson, and Robbins
were present, The Secretary was also present.
At 8:00 P, M. hearing was declared open upon the applica-
tion of Edward H. Dara for permission to maintain an office
and use part of the building at 9/11 Merriam Street for the
storage and sale of grain.
The notice of the hearing was read by the Clerk,
Mr. Edward H. Mara appeared in favor of the granting of
the petition. He stated that the Farm Service Stores, Inc.
now owned and operated the grain mill, and were going to dis-
continue that and planned to do their business from Waltham..
They did not consider it advisable to move out of Lexington•
and so had hired his building, and wanted the office and
display room. They would keep a small supply of grain in stock
so that if a person wanted a bag or two, he could purchase it
there, the company did not plan to operate teams from there.
Mr. Mara said that he purchased the building in January,
1920, and for thirty-five years before that it was a black-
smith shop. It was a blacksmith shop for seven years after he
acquired the property, and from that time on it has been run
as a paint shop. He requested permission to rent the office
and small supply room to the Farm Service Stores, Inc.
No persons appeared in opposition.
Mr. Mara retired.
The adjourned hearing on the application of the Lexington
Trust Company for permission to continue to use the existing
building located on Harding Road as a real estate office was
declared open.
Mr. James F. Little, representing the Trust Company,
appeared. He stated that they wanted a renewal of the permit
to maintain the office in Lexington Manor. He said that the
situation was just the same as last year, and that they had
made every effort to maintain the office as requested, He
presented pictures of the office, and said that no changes
had been made. He said that the office was in the rear of the.
Manor Crescent Building.
No persons appeared in opposition.
Mr. Little retired.
' Mr. Glynn moved that the Mara application be granted in
the following form:
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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 Edward A. Mara, 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 oardtD 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 Build-
ing on the 25th day of February, 1938.
All of the 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 peti-
tioner tending to show:
That he owned the building located at 911 Merriam Street,
Lexington; that he had been occupying the same for his paint
shop and office; that he desired to rent a portion of the
same to the Farm Service Stores, Inc, for the storage and sale
of grain.
No one appeared in opposition.
At the close of the hearing the Board in private session
on February 25, 1938 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 wel-
fare will be substantially served by the making of the ex-
ception 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. ,"hat 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 relief may be granted without substan-
tially derogating from the intent or purpose of such Lex-
ington Zoning By-law.
Pursuant to the said findings, the Board hereb7. unani. '
mously decides that the application of the said Lexington
Zoning By-law is hereby varied so -far as may be neecessary
to permit:
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' Edward H. Mara to rent a portion of the building located at
9%11 Merriam Street, Lexington, to the Farm Service Stores,
Inc. to be used as an office and for the storage and sale of
grain; it being understood that any signs to be placed on
the exterior shall be neat and not objectionable to the neigh-
borhood.
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 hereinbe-
fore 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 G14nn
Charles E. Ferguson
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 8th day of February, 1938, to Helen E. Brennan,
William H. Fenn, Lilla J. B. Dickey, Margaret F. and Harriett
S. Collins, Robert C. and Gordon P. Merriam, Marion T. Hopkins,
Boston and Lowell R. R. Corp., Lillian L. Viano, Tr., Lexington
Trust Company, George Scott, George E. and Helen S. Smith,
Ralph H. Marshall and Edward H. Mara, and also advertised in
the Lexington Minute -Man on February 3rd, 1938, a notice of
which the following is a true copy.
Howard ti`d. Robbins
er , board ofAppeals*
February 1, 1938.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass,
Gentlemen:
The undersigned hereby petitions the Lexington Board of
102
Appeals, appointed under General Laws, Chapter 40. Section
27, to vary, the application of section 6 (e) of the Lexington
Zoning By -Law with respect to the premises at No. 9/11
Merriam Street owned by Edward H. Mara of Lexington by per-
mitting the following: To use part of building for office
and part for storage and sale of grain.
Edward H. Mara (Signature)
11 Merriam Street
Lexington
N 0 T I C E
Lexington, Mass.
February 3, 1938.
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 Edward H. Mara and located at 9/11
Merriam Street, Lexington, the maintenance of an office and
use of part of building for the storage and sale of grain,
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 February 25th, 1938, at
8:00 P. M. in the Selectmen's Room, Town Office Building,
Lexington, Mass.
Arthur N. Maddison
Chairman, Board of Appeals.
Mr. Ferguson seconded the motion, and it was so voted.
Mr. Glynn moved that the Lexington Trust Company applica-
tion be granted 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 the Lexington Trust Co., 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 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 11th day of February, 1938.
Four members of the Board of Appeals were present at the
hearing. A certificate of notice is hereto annexed. At this
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103
hearing evidence was offered on behalf of the petitioner tend-
ing t o show:
At an adjourned hearing held on February 25, 1938, Mr.
James F. Little, representing the Lexington Trust Co., explained
that they had maintained the real estate office according to
the permit granted by the Board of Appeals February 12, 1937,
and had located it as called for by said permit on Lot 12,
Harding Road, Block 6B, directly behind the Manor Crescent
Building and Ormond's Market. No one appeared in opposition.
At the close of the hearing the Board in private session
on February 25th, 1938 gave consideration to the subject of
the petition and voted unanimously in favor of the following
findings.-
lo
indings:1. That in its judgment the public convenience and wel-
fare 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 Lex-
ington 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 de-
sirable 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
the Lexington Trust Company to maintain the small real estate
office building on Lot 12, Harding Road, subject to the
following conditions:
That it shall be used only for the sale of land of which
development the said lot is a part;
That no sign larger than at present maintained shall be
placed on the building;
That the building shall be maintained in good repair and
condition;
This permit to be good for one year from February 12, 1938•
The Board hereby
makes a detailed
record
of all its pro-
ceedings relative to
such petition and
hereby
sets forth that
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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 V, Kimball
C. Edward G1$nn
Charles h, Ferguson
Howard W. Robbins
I, Howard 71. 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 28th day of January, 1938 to Alice E. and
William T. King, Waverly Co-operative Bank, Cora B. Newell,
Lexington Trust Co., Standard Oil Co. of N. Y,, Margaret E.
Ormond, Clarence H. Gleason, Ethel Osgood, Doris Kendrick.
Lovell, Harold & Jessie Michelson, Ella h. TdcClosky, Waldo
S. Plastridge, Lucetta S. Abbott, Palmyra P. Cabeceiras,
Lulu M. Blake, Catherine G. Montana, Marion Daniels, Helen
L. Warrington, Leon C. & Grace L. Burt, Charles L., and
Elizabeth Coburn, Orin L. and Alice G. Dyer, Louise E. Edgar,
and also advertised in the Lexington Minute -Man on January
27th, 1938s a notice of which the following is a true copy.
Howard 1% Robbins
Clerk,,- Board of Appeals
January 22, 1938.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
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 (d) of the Lexington
Zoning By-law with respect to the premises at Harding Road,
owned by Lexington Trust Company of Lexington, by permitting
the following= Use of existing building (remodeled single
car garage) as office of our representative Mr. James F. Little,
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' who handles sales and other details pertaining to the Lex-
ington Manor development.
Lexington Trust company
By,: Clarence S. Walker, Signature
Treasurer Address
BOARD OF APPEALS NOTICE
Lexington, A4ass.
January 25th, 1938.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
the Lexington Trust Cmpany to continue to use the existing
building, located on larding Road, Lexington, as a real
estate office, under the Lexington Zoning Law or in accordance
with Chapter 40, Section 27A of the General Laws and amend-
ments.
The hearing will be held on February 11th, 1938, at
8:00 P. M. at the Selectmen's Room, Town Office Building, Lex-
ington.
Arthur N. Maddison,
' Chairman, Board of Appeals,
Pdr. Kimball seconded the motion, and it was so voted.
The records of the meeting held on February 11, 1938, were
declared approved.
Letter was received from the Lexington Trust Company
apologizing for failing to have a representative of the bank
at the hearing which was held on February 11, 1938.
A true record, Attest::
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BOARD OF APPEALS MEETING -MARCH 11, 1938 s....
A meeting of the Board of Appeals was held in the Select- '
men's Room, Town Office Building, at 8:00 P. M. Al of the
members were present. The Secretary was also present.
At 8:00 P. M. hearing was declared open upon the appli-
cation of.Theodore R. sweet for permission to grow and sell
nursery stock on his premises located on the Concord Turnpike,
Lexington.
The notice of the hearing was read by Clerk Robbins.
Mr. Sweet, his brother, and Yessrs. Edwin Wand Arthur
F. Hutchinson were present at the ]tearing.
Mr. Sweet said that he wanted to grow nursery stock and
sell it and develop the property,
The Chairman asked if he owned the place now and he
answered in the affirmative. He said that he used a great
deal of nursery stock in his business. The property is lo-
cated between Blossom Street and Wellington Lane. He
presented a sketch of the property.
The Chairman asked if he had any idea of building, and
Sweet said that he planned to build a house later on, The
Chairman said that he meant a building for taking orders, etc.
Sweet said that he had not thought of that, but he might
need a small garage to keep his implements in. There are '
about 3-h acres of land.
The Chairman asked what Mr. Sweet's present business was,
and he said that it was landscape construction.
Mr. Ferguson asked if he intended to much selling at
this place and Sweet said that he did not, but if persons
came in and saw something they wanted and wanted to carry it
home he thought they should be allowed to do so.
1 -he Chairman remarked that he would have to have some-
one on the premises all of the time, and he said that he
vaoul, have a caretaker there most of the time.
he Chairman asked Mr. Sweet what he had in mind in the
way of signs, and he said that as far as he knew he would not
sant any signs.
Mr. Glynn asked if it was his intention to have anything
out on the road, and he replied in the negative. Mr. ulynn
asked if he intended to have stock done up ready to sell, or
anything like that.
Sweet said that he was not going to have anything strung
along the road.
Mr. Glynn said that there was a great deal of agitation
against roadside stands along that road, and he wanted to
know if that was what Mr. Sweet had in mind. Sweet said that
he had nothing in mind like that. Mr. Glynn asked if his
idea would be to have more of a nursery business similar to
that of Brock Robinson, and he replied in the affirmative. '
147
[J
Mr. Kimball asked what his stock would consist of, and
he said that he would have some perennials, some shrubs, and
some evergreens. Mr. Kimball asked if he had thought of having
a greenhouse at this time, and Mr. Sweet answered in the neg-
ative.
The Chairman asked if anyone else wished to be recorded
In favor of the granting of the petition.
Mr. Arthur Hutchinson said that he and his brother were
in favor of the granting of the petitiony they felt that it
would be advantageous to the neighborhood, and would be quite
an improvem nt.
No one ippeared in opposition.
The hearing was declared closed at 8:15 P. M.
Mr. ql7an moved that the petition be granted in the fol-
lowing form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General Laws, Chapter
400 Sec. 27 having received a written petition addressed to
it by Theodore R. Sweet, 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 oar to be affected thereby as they appear on the
most recent ;ocal tax list and also advertised in the Lex-
ington Minute -Man., a newspaper published in Lexington, which
hearing was held in the Selectmen's 1�oom, in the Town Office
Building on the 11th day of Merch, 1938.
All of the members of the Board of Appeals were present
at the hea ing. A certificate of notice is hereto annexed.
At this hearing evidence was offered on behalf of the peti-
tioner tending to show: That he is the owner of two lots of
land located on the northerly side of the Concord Turnpike
adjoining land of Slocum, and fronting on the Concord turn-
pike 545.31, and containing 3.29 acres, more or less;
That he is in the landscaping business and desired to use
this land for the purpose of raising nursery stock for use
in his business and also for sale to the public;
That it was not his intention to have a building for office
or salesroom purposes on the property;
That it was not his intention to have any signs.
Evidence was offered on behalf of the petitioner by neighbors
who thoughp the proposed use of the land would be a benefit
to the nei borhood.
I
No one appeared in opposition.
C�
At the close of the hearing the Board in private session '
on March 11., 1938 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 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 hardh.sip to the petitioner
and that desirable relief may be granted without substan-_
tially derogating from the intent or 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 Theodore R. Sweet to use the two lots of land on the
northerly side of the Concord Turnpike as above described
for growing nursery stock subject to the following conditions:
1. Sufficient parking space shall be provided on the
land in question so that customers will not park on the
Concord Turnpike;
2. That no building for office or salesroom purposes
shall be placed on the property;
3. No signs shall be placed on the premises except
one sign containing not over 6 sq. ft. in area designating
the name of the nursery, to set back at least 501 from the
street line;
4, No roadside stand for the display or sale of nursery
stock shall be maintained on the premises,
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
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.
r
I, Howard
Lexington, ap
27, hereby ce
ing on the 24
Pauline Tahre
Richaud Lize
& Rosa Rremar.
Joseph Earl P
and Theodore:
Minute Ilan on
Ing is a true
Lexington Bo
Town Off
Gentlemen:
The under
Appeals, appo:
27, to vary t]
Zoning By-law
Turnpike owner
the following
shrubs, roses
BOARD OF APPEALS OF LEXIIiGTON
(Appointed under G. L. Ch. 40, Sec. 37)
A. N. Maddison
Edward W. Kimball
C. Edward Gin
Charles E. Ferguson
Howard W. Robbins
, Robbins, Clerk of the Board of Appeals of
,ointed under General Laws, Chapter 40, Section
tify that I sent by postage certificate of mail -
h day of February, 19380 to Henry S. Moody, Tr.,
Libba Anson, Adam Good, Louise Yosgandes, William
to Good, Margaret Lewald, Fritz Lewald, Frank
, Curlys Slocum Arthur F. and Edwin W. Hutchinson,
rry, Jr., Tr., slice A. Frost, Charles B. Meek
. Sweet, and also advertised in the Lexington
February 24th, 1938, a notice of which the follow -
copy.
Howard W. Robbins
Clerk, 15oard of ppea s
February 23, 1938.
of Zoning Appeals
Building
on. Mass*
signed hereby petitions the Lexington Board of
.nted under General Laws, Chapter 40 Section
ie application of section 6A of the Lexington
with respect to the premises at No. Concord
L by Theodore R. Sweet, or Belmont, by permitting
To grow and sell nursery stock such as trees,
garden plants, etc.
Theodore R. Sweet Signature
134 Waverley Street,Address
Belmont, Mass.
110
N 0 T I C E
Lexington, Mass.
February 23rd, 1938,
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
Theodore R. Sweet to grow and sell nursery stock on his
premises located on the Concord Turnpike, Lexington, under
the Lexington Zoning Law or in accordance with Chapter 40,
Setcion 27A of the General Laws, and amendments.
The hearing will be held on March 11th, 1938, at 8:00
P. M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
Arthur N. Maddison,
Chairman, Board of Appeals
Mr.Robbins seconded the motion, and it was so voted.
The records of the meeting held on February 25, 1938,
were approved.
The meeting adjourned at 8:55 P. Y*
A true record, Attest.
T r C le rk
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