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HomeMy WebLinkAbout1940-06-07' BOARD OF APPEALS MEETING June 7, 1910 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Messrs. Kimball, Locke, and Bowker were present. The Secretary was also present. Mr. Kimball acted as Chairman Pro -tem, and Mr. Bowker acted as Clerk Pro -tem. At 8:00 P. M. hearing was declared open upon the application of Daniel J. O'Connell for permission to construct a theater in the rear of 1775 Mass. Ave., Lex- ington. The notice of the hearing was read by Mr. Bowker. Mr. Daniel J. O'Connell and Mr. William N. Viano were present. Mr. Kimball asked if this was a request for per- mission to extend the permit which was granted last year, and O'Connell answered in the affirmative. He said he had some difficulty in getting a survey of the Boston and Maine property, but had it ready now. He said that every- thing would be the same as stated last year, with the exception of a few minor changes in the building itself, and a shorter approach to it. Mr. Bowker asked O'Connell when he thought he would start the work, and O'Connell said that he believedhe would start this month. Mr. Viano said that he had nothing more to say other than he wished to be recorded as objecting to the grant- ing of the petition. No other persons wishing to be heard, the hearing was declared closed at 8:05 P.M, The records of the meeting held on May 24 were de- clared approved, with one correction. Upon motion of Mr. Locke, seconded by Mr. Bowker, it was unanimously voted to grant the permit in the following form: (Messrs. Glynn and Robbins wishing to be recorded in favor BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap- ter 40, Sec. 27, having receiveda written petition addressed ' to it by Daniel J. O'Connell, a copy of which is hereto 144 Md annexed, held a P � 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 7th day of June 1940. One Associate and two 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 the request under this petition was identical, with the exception of minor architectural changes, to that of the petition presented at the hearing held on Aug- ust 4, 1939. Evidence was offered on behalf of those opposing the petition tending to show that the existing theatre faci- lities in the Town are adequate and that there would not be sufficient patronage to maintain both the exist- ing theatre and the propesed one. At the close of the hearing the Board in private ' session on June 7, 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 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. Pursuant to the said findings, the Board hereby un- animously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Daniel J. O'Connell to erect a theatre on property located at the rear of 1775 Mass. Ave. and to 141 1 maintain the same as long as the parking space shown on blue print entitled "Preliminary Parking Plan, Scale 1/16" - 1' - W. R. Greeley - August 5, 1939" or other parking space of equal capacity and as conveniently lo- cated and with easy access thereto and exit therefrom shall be maintained for the free use of patrons of the theatre. This permit is granted under the condition that the work of erecting the theatre shall start on or before January 1, 1941, and completed before Jan. 1, 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) EDWARD W. KIIMALL ERROL H. LOCKE WINTHROP H. BOWKER HOWARD W. ROBBING C. EDWARD GLYNN I, Winthrop H. Bowker, 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 cer- tificate of mailing on the 16th day of May, 1940 to Edward H. Mara, Belle P. Chase, Marion T. Hopkins, Robert C. Merriam, Helen E. Brennan, Margaret F. & Harriet S. Collins, Robert D. & Gordon P. Merriam, Doris H. Hauman, Caroline A. Holt, Alice H. Locke, Flora B. Houghton, Mary L. Jackson, Kenneth P. & Elizabeth N. Blake, Emilie DeVeau, Sarah E. Comley, Christy Hallos, Alice M. Crawley, Harriet Fletcher, Paula & Willis Franks, Charles Franks, Annie McClure, George C. McKay, J. Alonzo Moulton, Mark L. Dodd, Bridget Leary, Everett J. & Virginia Leavitt; The First Baptist Church of Lexington, Edgar J. Thivierge, Anstiss S. Hunt, Bertha M. Baker, Colonial Garage, Inc., Meyer Rubin & Harry G. Selig-. man, Dan Daniels, Waltham National Bank, Lucy D. & Bertha M. Hutchinson, Alice T. McCarthy, Universalist Publishing House ' of Boston, Frederick D. Cook, Lexington Savings Bank, Boston & Lowell R. R. Corp., M. & R. Realty, Lillian L. Viano Trustee, 142 ' Lexington "O Trust Co.,. George a ScottT g Geor a E. & Helen S. Smith, Ralph H. Marshall, Justus P. Morse, Emma L. Hovey, Walter H. Peirce, Boston Edison Co., Robert L. Innis, Dougal McLennan, Mary M. Heath, Eugene T. Buckley, Dr. Harold J. Crumb, Roland A. & Katie A. MacPhee, Willard & Marguerite E. Woodis, Charles H. Harrington, Mary L. Sullivan, Helen Terhune, Joseph P. & Mary E. Grace, Alexander Quinn, Mary C. and Jane E. Douglass, Daniel J. O'Connell, Roger V. & Evelyn B.Merryman, Calvin W. Childs, Matthew & Minnie B. Stevenson, and also advertised in the Lexington Minute -Man on May 16th, 1940, a notice of which the following is a true copy. WINTHROP. H. BOWKER Clerk Pro -tem, Board of Appeals April 9, 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 272 to vary the application of section 9 (a) of the Lex- ington Zoning By-law with respect to the premises at No. 1775 Massachusetts Avenue, owned by Daniel J. O'Connell of Lexington by permitting the following: Construction of a theater. Daniel J. O'Connell 1536 Mass. Avenue Lexington, Mass. N 0 T I C E Lexington, Mass. May 16, 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 Daniel J. O'Connell and located at the rear of 1775 Massachusetts Avenue, Lexington, the construction of a theater, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amendments. 0 143 ' The hearing will be held on June 7, 1940, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. ARTHUR N. MADDISON Chairman, Board of Appeals. At 8:15 P. M. Mr. Raymond A. Bond appeared before the Board to discuss the petition of Richard Engstrom for per- mission to erect a real estate sign 5' x 7* at the corner of Mass. Ave. and Pelham Road, Lexington. Mr. Bond said that they felt that a sign the size of which is allowed in the Zoning Law would be rather small to be set back fifty or seventy-five feet from the Street. The sign would be placed in front of where the old Tower House used to stand. He said that the sign would be about the same as the one on the opposite corner of Pelham Road. Mr. Kimball asked if the sign would face on Mass. Ave., and Mr. Bond said that it would. They would like to place the sign about half way between the sidewalk and the location of the old Tower house. The wording would be sub- stantially as follows: "This property, consisting of approximately 12 Acres to be divided into four plots of 3 Acres each. If interested, telephone Lex., etc". Mr. Bond ' said that the property had been staked out, but not surveyed. No other persons wishing to be heard, the interview was closed at 8:37 P. M. Upon motion of Mr. Bowker, seconded by Mr. Locke, it was voted to grant the petition in the following form: (Messrs. Glynn and Robbins wishing to be recorded in favor): BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Seo. 27, having received a written petition addressed to it by Richard Engstrom, 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 deemdd by the Board to be affect 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 Select- men's Room, in the Town Office Building on the 24th day of May, ,1940. One associate and two 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: Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Richard Engstrom to erect and main- tain a sign on the southwest corner of Mass. Ave. and Pelham Road, Lexington, under the following conditions: 1. That the sign shall not exceed 4' x 6' in size; 2. That the sign shall not be nearer than 50' from Mass. Ave; 3. That the sign shall be kept in a neat and clean condition; 4. That this permit shall expire three years from date. 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 ' 144 That he desired to place a sign for the sale of four lots on the former Tower Estate located on the southwesterly ' corner of Massachusetts Avenue and Pelham Road; that he felt that the normally permitted six square foot sign would be too small, but he did not, however, desire an unusually large one, and felt that a sign the size of the one on the opposite corner would be perfectly satisfac- tory; that he expected to place the sign facing Mass. Ave. approximately one-half of the distance between Mass. Ave. and the location of the old house. At the close of the hearing the Board in private ses- sion on June %, 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 dis- trict 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. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Richard Engstrom to erect and main- tain a sign on the southwest corner of Mass. Ave. and Pelham Road, Lexington, under the following conditions: 1. That the sign shall not exceed 4' x 6' in size; 2. That the sign shall not be nearer than 50' from Mass. Ave; 3. That the sign shall be kept in a neat and clean condition; 4. That this permit shall expire three years from date. 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 ' 145 ' 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) Edward W. Kimball Errol H. Locke Winthrop H. Bowker Howard W. Robbins C. Edward Glynn 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 certificate of mailing on the 14th day of May, 1940 to Ralph M. and Ethel M. Smith, Boston and Lowell R. R. Corp., Maud T. Sherburne, Lucy D. Hutchinson, Doris E. Bond, Lexington Trust Co. and also advertised in the Lexington Minute -Man on May 9th, 1940, a notice of which the follow- ing 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 Corner Mass. Ave. and Pelham Road, owned by Richard Eng- strom (formerly Ellen Tower) of Lexington by permitting the following: Erection of a sign 5' x 7' on the property which it is advertising for sale. Richard Engstrom By Raymond A. Bond Pelham Road ' Lexington, Mass. 146 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 Richard Engstrom and located at the corner of Mass. Avenue and Pelham Road, Lexington, the erection of a real estate sign 5' x 7' advertising the land on which it is located, 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 8:15 P. M. in the Selectmen's Room, Town Office Building, Lex- ington. Arthur K. Maddison Chairman, Board of Appeals Letters were received from Daniel H. Freeman of 305 Bedford Street and William D. Hagerty, owning property at 301 Bedford Street, objecting to the granting of the petition of Mrs. A. M. Parks of 265 Bedford Street. The Secretary informed the Board that both letters had been ' received on May 25th.• She was instructed to inform both persons that inasmuch as the letters were not received until after the hearings had been held, the Board was unable to take them into consideration when the petition was acted on. Upon motion of Mr. Locke, seconded by Mr. Bowker, it was voted to grant the petition of Stephen Trebino in the following form: (Messrs. Glynn and Robbins wishing to be recorded in favor): 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 Stephen Trebino, a copy of which is herety annexed, held a public hearing thhereon 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. One Associate and two 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 147 ' behalf of the petitioner tending to show: That he desired to remodel the house at 8 Dunham Street, so that some of his children could live with him; that the house was built in 1923 and is a two family house; that it is a fire proof structure inside and out; and that he desired to change the upstairs apartment so as to accommodate three families. Mr. Trebino explained to the Board how he intended to remodel the house. One person appeared in opposition, stating that his objection was not to the alteration of the house, but tc the fact that the description of the property called 118 Dunham Street" was not correct, and that there was no such street number. At the close of the hearing the Board in private session on June 7, 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 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. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Stephen Trebino to alter the dwelling located on a way off Utica Street commonly known as #8 Dunham Street, to permit its use by three families; that these alterations shall be made on the second floor to allow occupation by two families, both of whom shall be other members of his family; that the work shall be started within six months of the date of this permit. 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 148 R certificate of mailing on the 14th day of May, 1940, to Patrick Broderick, Alexander R. Milne, Henry W. French, Edward O'Connor, James T. Shannon, Patrick J. Cronin, Julia F. Jones, Rupert H. Stevens, Ella T. Bentsen, Mary J. Kelley, Miss Margaret McCarthy, Johnson S. Armstrong, Anna G. McDonnell, John J. Collins, John R. McLaughlin, Frank 0. Nelson, Mildred Cupp, Asunta Modoono, Leslie J. and Agnes L. Wood, Stephen Trebino, and also advertised in the Lexington Minute -Man on May 9th, 1940, a notice of which the following is a true copy. Errol H. Locke Clerk Pro -tem Board of Appeals May 7, 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 Lexington Zoning By -Law with respect to the premises at No. 8 Dunham Street, owned by Stephen Trebino of Lex- ington by permitting the following: Alteration of the dwelling to accommodate three families. Stephen Trebino 8 Dunham Street Lexington, Mass. N O T 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 Stephen Trebino and located at 8 Dunham Street, Lexington, the alteration of the dwelling to accommodate three families, 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 8:45 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. ' ARTHUR N. NADDISON Chairman, Board of Appeals rM The meeting adjourned at 9:07 P. M. A true record, Attest: Clerk Pro -tem. ?•-` v 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 dirests 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) Edward W. Kimball Errol H. Locke Winthrop H. Bowker Howard W. Robbins C. Edward Glynn