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Home My WebLink About1940-11-15207 ;oven ber 15, 1940- A meetin<-:; of t_le Board of 1? reals 1jas !,_eld in the aeloclUien's lZoom) '"own Office U 1 1011 nt , at '8-00 P. 1E. Ohairr;;an ^lynn and Fessrs. T'addiscn, Kimball, Locke, and Bowker were present. In the absence of !.'r. .obbi ns, Tr r. Bo,+rker acted as 'ler- Pro-te . The records of the meeting; held on October '2-bth were declared approved. At 8:0.? `' ?_. adjourned. hearin=- on the a_rnlication of the Lexin to bogies, Inc. Was declared open. i, r. 11. L. -Knipe, Jr., President, appeared at to hearin. The notice of t'_ -.e hearin{; v?as read by 17r. Boti^,rker. Mr. Knipe presented a plan of the development, and said they proposed to erect one sign facing Watertown St., and another facing the Concord Turnpike, both about E0' back from the street line. The signs would be of natural wood, stained, and would have two trees planted on either ' side. The Chairman asked Mr. Knipe if the size he wanted was 6' x e', and he replied in the affirmative. The Chairman asked how long they would expect to main- ttin the signs, and Mr. Knipe said two years. The Chairman asked if they were developing all that area, and Mr. Knipe replied in the affirmative. Mr. Mad- dison asked if his concern controlled it now, and he said that they owned part of it, and had an option on the rest. The Chairman said that Dr. and Mrs. Freeerick Lynch were present at the original hearing and objected, but their objection was to any change in the Zoning Law. Mr. Knipe retired at 8:12 V. M. The Board considered the petition, and upon motion of Mr. Maddison, seconded by Mr.. Bowker, it was unanimously voted to grant it 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 Homes, 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 acvertised in the Lexington Minute -Man, r 208 c� a newspaper published in Lexington which hearing was held in the Selectmen's Room, in the Town Office Building on the 25th ' day of October, 1940, and adjourned to November 15, 1940. One Associate and four 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 tb show; That they hoped to develop the area bounded by the Concord Turnpike, Pleasant Street and Watertown Street, and wished to place one sign advertising the development on the Concord Turnpike frontage, and another on the Watertown Street frontage, in each case about fifty feet back from the street line; that the type sign would be rustic, made of stained boards with red lettering, and with suitable planting. Evidence was offered on behalf of those opposing the granting of the petition that they feared a change in the Zoning Law as affecting that area. At the close of the hearing the Board in private session on November 15, 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 in- volve 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 unanimou$ly decides that the application of the said Lexington Zoning By-law is hereby varied to far as may be necessary to permit Lexington Homes, Inc. to install and maintain a sign adver- tising the development located facing the Concord Turnpike 6' x 8' in size and another similar sign located facing Watertown Street 6' x 4' in size, the greater dimension being the horizontal one; ' 209 both signs to be located approximately 501 from the street line, and to be of the general character and appearance of sketch submitted at this meeting. These signs shall be kept in good repair and condition at all times, and this permit shall expire on November 15, 1941. 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 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 GLYI4N EDWARD W. KIMBALL WINTHROP H. BOWKER ERROL H. LOCKE A. N. MADDISON 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 certi- ficate of mailing on the 3rd day of October, 1940 to the Lexington Homes, Inc., Bernice B. Cronkhite, Theodore K. Babcock and Charles J. Draper, Lila D. Mason, Frederick J. Lynch, James A. Bailey, Willard E. Robinson, c/o Rogers Down, Calvin W. Childs, Lily C. Johanson, Henry S. Moody, Trs., John A. Bowman, Harry F. Boinay, Patrick J. Shanahan, and Mary E. Hatch, and also advertised in the Lexington Minute -Man on October 3rd, 1940, a -notice of which the following is a true copy. WINTHROP H. BOWKER Clerk, Pro -tem, Board of Appeals Lexington, Mass. October 3, 1940 BOARD OF APPEALS NOTICE 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 Country Club Estates and located at the corner of Watertown Street and the Concord Turnpike, the erection and maintenance of two real estate 210 signs, 6' x 81, under the Lexington Zining Law or in accord- ance with Chapter 40, Section 27 of the General Laws and ammendments. ' The hearing will be held on October 25, 1940 at 8t00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. C. EDWARD GLYNN, Chairman, Board of Appeals Insert: Lexington Minute Man, Oct. 3, 1940 26 Sept., 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 qq Chapter 40, Section 27, to vary the application of seetiohof the Lexington Zoning, By-law with respect to the prem ses at the corner of Watertown Street and the Concord Turnpike and owned by the Lexington Homes, Inc., by permitting the followings Erection of two signs each 6' high by 8' long. One facing ' Watertown Street, another Concord Turnpike. Each sign designed by Architect and in keeping with character of land, community and development. Lexington Homes, Inc. 57 Bedford Street by N. L. Knipe, Jr. The Board in granting this petition considered the size of the sign requested, namely, 6' x 8', and felt that a sign of this size, which is larger than those generally granted, would be justifiable on the Concord Turnpike frontage on account of the different traffic conditions on that side of the property. The Chairman informed the Board that the balance in the Board of Appeals Account was $1.80. Mr. Locke moved that the Apropriation Committee be requested to transfer the sum of 925.00 from the Reserve Fund to the Board of Appeals Expenses Account. Mr. Kimball seconded the motion, and it was so voted. n The Board then considered the appropriation for 1941. Mr. Locke moved that the amount requested be set at $175.00. Mr. Maddison seconded the motion, and it was so voted. The meeting adjourned at 8:40 P. M. A true record, Attest: Clerk, Pro -tem. 1 211