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HomeMy WebLinkAbout1938-09-16226 BOARD OF APPEALS MEETING September 16, 1938 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. M. Messrs. Glynn, Ferguson, Robbins and Locke were present. In the ab- sence of the Chairman, Mr. Glynn was elected Chairman Pro -tem. At 8:00 P. M. hearing was declared open on the application of Warren B. Lawrence for permission to store and sell trailers at 916 Waltham Street, Lexington. The notice of the hearing was read by Clerk Robbins. About ten persons were present at the hearing. Mr. Lawrence said that he wished to store and sell a limited number of trailers on the premises. He said he did not plan to cover the whole property with trailers as there would be only seven or eight there. The Chairman Pro -tem asked if it would be the same as a place where new cars were sold, and he replied in the negative and said it would be more like a place where second-hand cars were sold. They would have to be stored outside. The Chairman Pro -tem asked Mr. Lawrence if he had aninterest in the garage across the street, and he said he did not. Mr. Lawrence said that on the property there was a small roadside stand but it is too small to be successful and he would like to use the lot for * the sale of trailers in order to get some income. The Chair- man Pro -tem asked what the hours of business were to be and Mr. Lawrence said that they probably would remain open until nine o'clock at night. The Chairman Pro -tem asked if they intended to any business on Sunday, and Lawrence said that they did if it was allowed. Mr. Ferguson asked how large the lot was and Lawrence said there was a frontage on Concord Avenue of about 400 feet and on ',"Waltham Street of about 600 feet. Lars. Isabella Fardy stated that she lived across the street and was in favor of the granting of this petition. She said that she once owned the land now owned by Lawrence. Mr. Duncan Barker of 447 Concord Avenue stated that he was not in favor of the granting of this petition. He admitted that he lived down beyond the Sellars place on Concord Avenue and could not see the corner. Mr. John F. Daley, owning the property on the corner opposite the Lawrence property, said that while he was not especially opposed, he wanted to know what the plans were. He wondered if this would not be establishing a precedent. He questioned the Sunday business and wondered what effect this use would have regarding real estate in the vicinity. the property he owns has been in the family for 75 years. The Chairman Fro -tem asked if he intended to have any signs displayed, and Lawrence said that there would be one or two small signs. 1 227 He said this was not a personal protest but he did not want any depreciation in the value of his real estate. The Chair- man Pro -tem asked if he felt that there would be a deprecia- tion. Mr. Daley said he felt it would not be an asset, but knowing Mr. Lawrence for so long, he was reluctant to oppose the petition. He asked if this would benefit the town as a whole. Mr. Lawrence thought that that corner was going to develop as a business corner. He said his house was almost as near as the Daley house. The Chairman Pro -tem asked Mr. Lawrence if he had thought of putting up a building and he said that he had not as he did not know how well the business would go. The Chairman Pro -tem informed the group that a letter had been received from the West Lexington Civic Improvement Association stating that it was opposed to the granting of the petition. Mr. and Mrs. Charles E. Teeter, Jr. of 463 Concord Ave. were present. Mr. Teeter said that he appreciated Mr. Lawrence's position and was sorry that he must oppose the petition from the point of view of its effect on the section as a whole and also from his own personal position. He said he had a piece of land between Concord Ave. and the new highway and hoped to sell part of it. He had remodelled an old house and they hoped that houses of a desirable type would be built on the remainder of the land, and then the town would get revenue because of taxes. Most people would enter his land from Concord Avenue and if there are a lot of trailers there, he thought the impression would be un- favorable. The Chairman Pro -tem read a letter received from one Lily C. Johanson representing the Cutler Farm on Concord Ave., opposing the petition. No other persons wishing to be heard, the hearing was declared closed at 8:17 P. M. and the people retired. The records of the meeting held on September 9th were declared approved. The Board in private session considered the application of Viarren B. Lawrence and felt that an activity or develop- ment of the kind might very easily lead to unsightly premises which would depreciate the value of any residential property and that it would not be consistent with its previous decisions that garages receiving permits to operate should not store cars or other equipment outside of their buildings. Upon motion of Mr. Robbins, seconded by £r. Ferguson, it was unanimously voted to deny the petition in the following form: 228 The Board of Appeals, acting under General Laws 'hapter 40, Sec. 27, having received a written petition addressed to it by W. B. Lawrence, 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 September 16, 1938. One Associate and 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 petitionertending to show: That he wished to store and display for sale automobile trailers at 916 Waltham Street, at the .corner of Concord Ave., using only that portion of the property which was within the C. 1 District; That he expected to have 7 or 8 trailers in storage at one time; That there was no building upon the property within which they could be housed, nor was it his purpose to erect any such building;. That the business of displaying and selling them would be carried on until approximately nine P. M. in the evening, and that he would wish to continue sales on Sundays. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: That in their opinion such a use would tend to depreciate the value of their residential property in the vicinity. At the close of the hearing the Board in private session on September 16, 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 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 rel-ief 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. Paoli 1 229 Pursuant to the said findings, the Board hereby denies the said petition of W. B. Lawrence for permission to store and sell trailers at 916 Waltham St., Lexington. 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 Charles E. Ferguson Howard W. Robbins Errol H. Locke C. Edward Glynn I, Howard ��. 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 6eptember, 1938, to Harry A. and Irving W. Penniman, Jessie P. McCormack, Charles E. and Laura M. Teeter, Duncan E. Barker, John A. and Hazel L. Sellars, Pauline E. Howard, John Dias, Frank Dias,Ethel L. and John F. Daly, Home Owners Loan Corp., Robert L. Goinsalvos, Jeanette M. Lawrence, Harold P. Symons, William F. 'Greer, Ambrose A. Ballou, Gustaf Nottebart, Mary A. Mitchell, Lillian Y. Grassby, LauraT.Mills, Henry C. Packard, Mable S. Thompson, Antonio J. Lima, Isabella Fardy, Mary R. Lawrence, Leneler F. Pope, Margaret Wright, Giovanni Hicci, Joseph and Antoinette Ricci, Alfred Y.. and Edith L. Short, Robert E. Connors, Catherine F. Little, Eva F. Isakson, William B. and Mable M. Peterson, Eric S. and Agnes D. Peterson, and also advertised in the Lexington Minute -Man on September 1, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. 230 August 30, 1938 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 (g) of the Lexington Zoning By -Law with respect to the premises at No. 916 Waltham Street, owned by Warren B. Lawrence of Lexington by permitting the following: Storage and Sale of 'Trailers. W. B. Lawrence (Signature) 352 Concord Ave.(Address) Lexington. NOT ICE Lexington, Mass. Aug. 31, 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 Warren B. Lawrence and located at 916 Waltham Street, Lexington, the storage and sale of trailers, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27, of the General Laws and amendments. The hearing will be held on September 16th, 1938, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lex- ington, Mass. ARTHUR N. MADDISON Chairman, Board of Appeals. The meeting adjourned at 8:55 P. M. A true record, Attest: 1 1 231 BOARD OF APPEALS MEETING October 7, 1938. A meeting of the board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Chair- man Maddison, Messrs. Glynn, Ferguson, Kimball and Robbins were present. The Secretary was also present. At 8:00 P. M. hearing was declared open on the application of the Ross Realty Corp. for permission to maintain two real estate signs on Mass. Avenue and Wood Street advertising the land on which they are located. Notice of the hearing was read by Clerk Robbins. Mr. Jeremiah O'Hearn appeared representing the petitioner. He stated that the idea was to develop the strip of land located on Mass. Avenue between Old County Road and Wood Street. They would like to put two signs up and they would have to be rather large signs in order to be seen as they would have to be put in a hollow. hey plan to put one sign placed diagonally on the top of the hill facing Concord, and one sign placed diagonally near Wood Street facing Lexington. This is so people going each way could see the signs. The Chairman asked how much it was planned to develop there and Mr. O'Hearn said that for the present time it was planned to develop only the front strip along Mass. Avenue which was probably 1800 feet in length. The Chairman asked if ene sign placed properly would not be visible, and Mr. O'Hearn said that he did not believe that it would. Yr. Ferguson asked if the signs were to be lighted up at night and Mr. a'Hearn said that he did not know but did not think so. The Chairman asked how far from the ground the signs would be, and O'Hearn said that they would have to be on posts about 8' high. There being no other questions, Mr. O'Hearn retired. No one appeared in opposition. The petition of the Ross Realty Corp. for a permit for two signs on Nass. Ave. between Wood Street and Old County Road was considered, and no one opposing the granting of the petition, the Board, after considering the matter, unanimous- ly voted to grant the permit in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, actin; under General Laws., Chapter 40, Sec. 27, having received a written petition addressed to it by the Ross Realty Corp., a copy of which is hereby 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 �People coming from Concord probably would pass right by it, although people going toward Concord could see it. 232 recent local tax list and also advertised in the Lexington Minute -Man, a newspaper published in Lexington, which hear- ing was held in the Selectmen's Room, in the Town Office Building on the 7th day of October, 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 shows That it desired to place two signs on the land owned by it on Mass. Avenue between Wood Street and Old County Road; one to be placed so that it could be seen coming down the hill from Concord, the other so that it could be seen approach- ing the land from Lexington; the signs to be 8' wide by 4' high. No one appeared in opposition. At the close of the hearing the Board in private session on October 7th, 1938 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. hat 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 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. tursuant 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 the Ross Realty Corp. to erect and maintain two signs on its land on lass. Avenue between Wood Street and the Old County Road, 8' wide by 4' high, and not exceeding 8' in height from the ground; one on the Wood Street end of the lot and the other on the Old County Road portion of the lot; the one nearer Wood Street to be placed at least 100' from Wood Street and 40' from the line of Mass. Avenue; the other sign to be at least 20' from the line of Mass. Ave. 1 1 1 1 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 herein- before 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 iexington 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 C. Edward Glynn Edward N. Kimball Charles E. Ferguson Howard W. Robbins I, Howard T. 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 September 26, 1938, to John Sullivan, Yetta F. C. and Wilma A. Brown, Francis and Hugh Thompson, Toros H. Bashian, Mrs. Mary E. Lowe and Ross Realty Corpttn, and also advertised in the Lexington Minute -Man on September 22, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. September 19, 1938. 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 9A of the Lexington Zoning By-law with respect to the premises at Mass. Ave. and 'Vood Street, owned by Ross Realty Corp. of Lexington, Mass., by permitting the following: Maintenance of two 8' x 4' signs advertising the land on which they are located. Ross Realty Corp. (Signature) by Albert A. Ross, Treas. Lexington, Mass. (Iddress) 233 234 NOTICE Lexington, Mass. Sept. 21, 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 the Ross Realty /Jorp. and located on Mass. Avenue and Wood Street, Lexington, the maintenance of two signs, 8' x 4/, advertising the land on which they are located, 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 October 7th, 1938, at 8:00 P. M. in the Selectmen's. Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The meeting adjourned at 8:45 F. M. A true record, Attest: Clerk Wool 1