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HomeMy WebLinkAbout1940-05-24125 ' BOARD OF APPEALS MEETING May 24, 1940. A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building,'at 7:30 P. M. Chairman Glynn, and Messrs. Locke, Kimball, Brown and Bowker were presant. the Secretary was also present. In the absence of Mr. Robbins, Mr. Locke acted as Clerk. At 7:30 P. M. hearing was declared open upon the appli- cation of Mrs. Alexander Parks for permission to alter the dwelling located at 265 Bedford Street, Lexington, so as to accommodate two families. The notice of the hearing was read by Clerk Locke. Mr. Joseph A. Parks was the only person present at the hearing. He said he represented his mother. When his father purchased the place in 1910 there were two families living in the house. He said that the place had been built partly to accommodate two families, and that there were six outside doors. There are ten rooms, two cellar stairs, but only one bathroom. There is one front door on North Hancock Street and another door on Bedford Street. ' The present laundry will be made into a kitchen. Parks said that he could not sell the house now, but thought he could if there were two apartments. Mr. Parks presented a paper signed by twenty-five neighbors who had no objection to the change. He said that all but one family that could see the house had signed the paper. .The Chairman asked if there would be any change in the entrances, and he replied in the negative. The Chairman asked how large a lot he had, and he said that he had approximately one quarter of an acre. He said that the majority of the neighbors thought it would be better to have two families in there. The Chairman informed Mr. Parks that the Board had received a paper signed by four families objecting to the change. He asked Mr. Parks if he intended to rent both apartments, and Parks said that perhaps his mother would take one of them, and rent the other one. Or, he said, his brother or himself might take one apartment. The hearing was declared closed at 7:45 P. M. The records of the meeting held on May 17 were declared approved. At 8:00 P. M. hearing was declared open upon the application I of Frank A. & Mary Napoli for permission to maintain the exis- ting roadside stand on Marrett Road about two hundred feet 126 ZAP c� northwesterly from the corner of Middle Street. ' Mr. Locke read the notice of the hearing. Mr. Napoli and his son were present. The Chairman asked if there was anything he wanted to do different from other years, and he replied in the negative. No persons appearing in opposition, the hear- ing was declared closed at 8:02 P. M. Upon motion of Mr. Kimball, seconded by Mr. Bowker, it was 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 Frank A. Napoli, 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 news- paper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 24th day of May, 1940. Two Associates 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 petitioner tending to show: That he wished a permit for a period of one year expiring on May 8, 1941 to conduct a roadside stand on property of Frank A. and Mary Napoli located on Marrett Road and Middle Street; That there had been no changes made in connection with the existing roadside stand and that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close -of the hearing the Board in private session on May 24, 1940 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 itaking 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 127 ' in which it is located, a literal enforcement of the provi- sions 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 hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Frank A. Napoli to maintain a temporary roadside stand on Marrett Road on the land of Frank A. and Mary Napoli, for the purpose of selling only the products grown on their own land in the Town of Lexington, and that said stand be main- tained on the location as now existing; they to provide sufficient parking space for automobiles to prevent traffic congestion on Marrett Road; this permit to expire May 8, 1941. 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 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, See. 27) C. EDWARD GLYNN EDWARD W. KIMBALL ERROL H. LOCKE J. MILTON BROWN WINTHROP H. BOWKER I, Errol H. Locke, Clerk Fro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 14th day of May, 1940 to John Waugh, Charles W. and Mary A. Fittz, Highland Trust Co., Robert P. Trask, Thomas J. and Jennie Heaney, Russell S. Bray, Robert J. Faw- cett, Joseph R. Lawson, Watertown Co-op. Bank, Carl V. Olson, Raymond L. and Anna S. White, Neil McIntosh, Patrick and Helen K. MacKino, Edward H. and Mary E. Halvorsen, Margaret R. Crocker, William A. Melbye, Pasquale Panetta, Emily R. Scheibe, Marie A. Miller, Ralph M. and Eleanor R. ' Blair, Frank A. Napoli, and also advertised in the Lexington Minute -Man on May 9, 1940, a notice of which the following is a true copy. ERROL H. LOCKE Clerk, Pro -tem, Bd. of Appeals. 128 May 3 , 1910 e 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 (f) of the Lexington Zoning By -Law with respect to the premises at No. 23 Middle Street, owned by Frank A. Napoli of the same address by permitting the following: The mainten- ance of a roadside stand for the sale of the products of the land and farm. Frank A. Napoli (Signature) N 0 T I C E Lexington, Mass. May 9, 1940. 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 Frank A. and Mary Napoli, and located at Marrett Road about two hundred feet northwesterly from the corner of Middle Street, Lex- ington, the maintenance of the existing roadside stand to sell produce grown 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 May 24, 1940, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lex- ington. ARTHUR N. MADDISON Chairman, Board of Appeals. At 8:15 P. M. hearing was declared open upon the application of Richard Engstrom for permission to erect a real estate sign at the corner of Mass. Ave. and Pelham Road, said sign to be 5' x 7'. No persons appearing in favor or in opposition, no action was taken on the petition. The Clerk was instruct- ed to notify Mr. Engstrom that he would have an opportunity to be heard at 8:30 P. 147. on June 7, 1940. , 129 At 8:30 P. M. hearing was declared open upon petition of the Lexington Ridge, Inc. for permission to erect a real estate sign 16' x 40' upon premises located on Burlington Street, Lexington. The notice of the hearing was read by Clerk Locke. Mr. Morang and three other persons were present at the hearing. Mr. Morang said that he represented the petitioner. He said that the sign would be put up by the Diamond Match Co. and would advertise the subdivision where it is to be located. The Chairman asked how large the subdivision was, and he said that there were'60 lots. The Chairman asked if houses had been started, and Morang said that four cellar holes had already been built. The Chairman asked why he wished so'large a sign, and Morang said that that size sign had been set up by the Diamond Match Co., and was the same as other signs erected elsewhere. Mr. Morang said that the Diamond Match Co. financed his company and would do two-thirds of the selling of the houses. The Chairman asked why they needed such a large sign, and Morang said that the sign would have to be large as it was going to be 'set back quite a distance from the road. ' The Chairman said he thought a sign nearer the road would be more effective, as the road is narrow. Mr. Morang said that the sign meant an'outlay of $350. to build, and it is only a temporary thing, as it probably will be down by fall. He thought the sign would be from 150' to 200' back from the street, and would be on the side of the hill. No other persons appeared in favor of the granting of the petition. Mr. Willard F. Sanborn of 32 Burlington Street stated that he did.not feel that he would care to have a bill board put up in front of his house, and would like to keep the neighborhood as it is. He would not objeetto a sign the size of the one on the Hunt property opposite the High School. Mrs. Russell Brush of 28 Burlington St., Lexington, said that she felt the same way. The Chairman said that he had letters from two people objecting to the granting of the petition. The hearing was declared closed at 8:43 P. M. At 8:45 P. Pd hearing was declared open upon the application of Stephen Trebino for permission to alter the dwelling at 8 Dunham Street to accommodate three families. ' The notice of the hearing was read by Clerk Locke. 130 Mr. Trebino and Mr. Leslie J. Wood of Webb Street were present at the hearing. Mr. Trebino said that six of his children were married and living away from home, and his present house is too large. He wanted to remodel the house so that some of his children could live with him, and pay rent to him so that he might have some way of earrying'the property. He said that the house was built in 1923, and is a two-family house. It is a fire -proof building inside and out. He said that it was the upstairs apartment that he wanted to remodel, and he wanted to make three apartments out of that. He explained to the Board how he intended to remodel the apartment. The Chairman said that as long as the apartments were to be used by his own family, it was not not as important to have the apartments definitely divided, but if some of his family moved out, it would be a different story. Mr. Leslie J. Wood said that #g Dunham Street was a "fake" address, and that there was no such street. He said that Mr. Trebino did not live on Dunham Street. The, Chairman asked if he was objecting to the alter- ation of the house, or to the fact that Mr. Trebino called the street "Dunham Street", and he said he had ' no objection to the alteration of the house, but did object to calling the street "Dunham Street". No other persons wishing to'be heard, the hearing was declared closed at 9:30 P. M. The Clerk was reauested to ask Mr. Ferguson, Build- ing Inspector, what cheek he had on permits upon which the Board had imposed certain conditions. Upon motion of Mr. Bowker, seconded by Mr. Kimball, it was voted to grant the Lexington Ridge, Inc. 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 Lexington Ridge, Inc., 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 -&►an, a news- paper published in Lexington, which hearing was held in , the Selectmen's Room, in the Town Office Building on the 24th day of May, 1940. 131 Two Associates 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 petitioner tending to show: That it wished to erect a sign 16' x 40' on its devel- opment on Burlington Street, advertising properties to be built on approximately sixty lots; that the type sign was a standard one adopted by the Diamond Match Co., with whose help the development was being financed; that he wished to locate the sign on the side of the hill, about one hundred and fifty or two hundred feet from the street line. Evidence was offered opposing the granting of the petition tending to show that so large a sign would be unsightly to residents of the neighborhood and would tend to cheapen everything in that vicinity; that they had no objection to a sign of smaller size callirg attention to the development. At the close of the hearing the Board in private session on May 24, 1940 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 pro- visions of the Lexington Zoning By -Law as to the locus in question would involve substantial hardship to the peti- tioner 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 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 Lexington Ridge, Inc. to erect and maintain upon its development located on Burlington Street a sign advertising only the property included in the development ' upon the following conditions: 1. The sign shall not exceed 4' x 81 in size. 2. That it shall not be located nearer than 20' to the street line; 132 0140. 3: That it shall be kept in a neat and clean condition; ' 4. That this permit shall expire on May 24, 1942. 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) C. EDWARD GLYNN EDWARD W. KIMBALL ERROL H. LO CKE J. MILTON BROWN WINTHROP H. BOWKER I, Errol H. Locke, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chap- ' ter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 14th day of May; 1940, to Federal Farm Mortgage Corp., Russell B. Grush, Agnes S. Clark, Willard F. and Clara F. Sanborn, Georgia F. Sharpe, Leonard W. and Marjorie E. Pihl, John G. Graham, Owen McDevitt, Edwin B. Worthen, Tr., James A. Wallace Sr., Norman H.'and Josephine Royle, Lexington Trust Co., Ella M. Kilcup, Lexington Ridge Inc., L. C. Morang, Pres., and also advertised in the Lexington Minute -Man on May 9, 1940, a notice of which the following is a true copy. ERROL H. LOCKE Clerk Pro -tem, Board of Appeals. May 8, 1940. 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 (a) of the Lex- ington Zoning By -Law with respect to the premises at Burl- ington Street, owned by Lexington Ridge., Inc, of Lexington, by permitting the following: Erection of a Real Estate sign 16' x 40'. 133 N O T I C E Lexington -Ridge, Inc. By L. C. irlorang, Pres. 51 Burlington St. Lexington, Mass. Lexington, Mass. May 9, 1940. 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 Lexington Ridge, Inc. and located on Burlington Street, Lexington, the erection of a real estate sign, lb' x 40', 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 May 24, 1940 at 5:30 P. M. in the Selectmen's Room, Town Office Building, Lexington. ARTHUR N. MADDISON Chairman, Board of Appeals. ' In the matter of the Trebino petition, it was decided to reserve the decision for two weeks in order to try to find out if the street had been named properly, etc. Mr. Kimball moved that, in view of the fact that it is usually necessary to have at least one Associate Member sit at hearings, that both Associates be sent notice of hearings in the same manner that the regular members are notified. M.r. Locke seconded the motion, and it was so voted. The Board then considered the Parks application. Upon motion of Mr. Kimball, seconded by Mr. Bowker, 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, Sec. 27, having received a written petition addressed to it by Mrs. Alexander Parks, 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 pub- lished in Lexington, which hearing was held in the Sel- ectmen's Room, Town Office Building on the 24th day of May, 1940. 134 cl� Two 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 petitioner tending to show: That she wished to make alterations in the ten room house located at 265 Bedford Street so that -it could be used for two families, each apartment having five rooms and located on both floors; that to accomplish this would require no material change in the outside of the build- ing and only minor changes to the interior; that the house had been used for the occupancy of two families prior to the time she purchased it in 1910, and for a short time thereafter; that one of these apartments would face on Bedford Street and the other on North Han- cock Street. A statement voicing no objections to the alterations and signed by a considerable number of residents in the vicinity was submitted. The Board received one letter opposing the granting of the petition, and a statement signed by three other residents in the immediate vicinity also objecting to the granting of the petition. At the close of the hearing the Board in private ' session on May 24, 1940 gave consideration to the sub- ject 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 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 I unanimously decides that the application of the said 135 ' Lexington Zoning By-law is hereby varied so far as may be necessary to permit Mrs. Alexander M. Parks to alter the house at 265 Bedford Street into two apartments substantially in accordance with the blue print submitted and made a part of these records, under the condition that there shall be no changes to the exterior appearance of the house other than those indicated on the blue print; that the work should be completed within six months from date; that the use of this house as a two apartment dwelling shall continue only during such time as a member of the Parks family occupies one of the apartments. 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 find- ings 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) ' C. EDWARD GLYNN EDWARD W. KIMBALL ERROL H. LOCKE " J. MILTON BROWN WINTHROP H. BOWKER I. Errol H. Locke, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 14th day of May, 19409 to Frank W. Dodge, Middlesex Institution for Savings, Boston and Lowell R. R. Corp., Lexington Coal Co., Ernest A. and Bernice F. Snow, Cornelia Bierenbroodspot, Victor N. and Veda L. Rochette, Pauline P. Hanks, Dorothy T: Taylor, Ernest and Mary C. Mathers, David J. Harrigan, James A. and Margaret J. Aker, Cora W. Dempsey et al, Standard Oil Co. of N. Y. Inc., George F. Smith, Lulu M. Blake, William E. and Margaret A. Maloney, Lexington Trust Co., Doris K. Lovell and Mary E: Kendrick, Home Owners Loan Corp., Harriett W. Smith, Alice J. Haggerty, Daniel H. Freeman, Frederick C. and Katherine T. Woodford, Lexington Savings Bank, Margaret E. Ormond, Clarence H. Gleason, John F. and Eleanor M. McCullough, Madeline T. Mead, Franklin M. and ' Ruth L. Dyer, Hugh E. and Mary E. Leonard, Thomas Brady, 136 M Lillian V. Russell, Margaret I. King, Charles A. and Anna L. McCormack, Aleph B. Robbins, Mrs. Alexander Parks, Joseph A. Parks, and also advertised in the Lexington Minute -Man on May 9, 1940, a notice of which the following is a true copy. ERROL. H.'LOCKE Clerk Pro -tem, Board of Appeals April 22, 1940. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9C of the Lexington Zoning By -Law with respect to the premises at No. 265 Bedford Street, owned by Mrs. Alex- ander Parks of Lexington, Mass. by permitting the following: To alter the dwelling so as to accommodate two families. ' Mrs. Alexander Parks 265 Bedford Street Lexington, Mass. By: Joseph A. Parks 4 Hillside Terrace Lexington, Mass. N O T I C E Lexington, Mass. May 9, 1940. 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 Barbara E. Parks and located at 265 Bedford Street, Lexington, the alteration of the dwelling to accommodate two families, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on May 24, 1940, at 7:30 P. M. in the Selectmen's Room, Town Officeq Lexing- ton, Mass. Arthur N. Maddison, Chairman* Board of Appeals In granting this permit, the Board gave particular consideration to the fact that this house had quite apparently been used in some time past as a two family residence, with separate entrances from Bedford Street and from North Hancock Street, and to the fact that it is located directly across North Hancock Street from a business zone. The meeting adjourned at 10:30 P. M. A true record, Attest: Clerk in 'J 138