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HomeMy WebLinkAbout1945-05-250 0 BOARD OF APPEALS MEETING May 25,' 1945 A meeting of the Board of Appeals was held in the Select- menl Room, Town Office Building, on Friday, May 25, 1945, at 8;00 M. Chairman Bowker, Messrs. Locke, Nickerson, Brown and Redman were present. The Clerk was also present. At 8100 P.M. hearing was declared open upon the petition of Frank A.� & Mary Napoli for a renewal of their permit to maintain the existing roadside stand on Marrett Road, Mr. Thomas Napoli appeared for the petitioners. No persons appeared in opposition to'the granting of the petition. Notice of the hearing was read by Mr. Locke. The Chairman asked if there were any changes in the stand and Mr. Napoli replied in the negative. He said that only pmduce grown by them would be sold. The hearing was declared closed -at 8;04 P. M. At 8;05 P. M. hearing was declared open upon petition of Eben Johnson, 20 Parker Street, Arlington, Mass., for permission to erect a house on Lot 37 Cary Street, Lexington, said"lot having a frontage of only 71 feet. Mr. Johnson and six other persons were present. Notice of the hearing was read by Mr. Locke, Mr. Johnson explained to the Board that he would like to build a house on this lot. He said that at the present time the lot is overgrown with weeds and the cellar hole, on the lot, is used at a dump. The Chairman asked -if it were the corner lot and Mr. John- son replied in the negative stating that there is a house on both sides of the particular lot in question. Mr. Brown asked if Mr. Johnson contemplated erecting a single house and he replied in the affirmative. Mr. Brown asked Mr. Johnson if he intended to build a garage and he said that he did. He said that he was not sure whether it would be a single or a two -car garage. The Chairman asked if Mr. Johnson had any plans and he replied in the negative. The Chairman asked if Mr. Johnson intended to purchase this land from the Town and Mr. Johnson said that he would purchase it and build a single house on it if the Board of Appeals granted his petition. The Chairman inquired as to the number of rooms in the proposed house and Mr. Johnson said that he would build a five or six room house. The Chairman asked how many storied there would be and Mr. Johnson replied that there would be a story and a'half, possibly two. Mr. Nickerson asked when Mr. Johnson intended to build and Mr. Johnson replied that hewould start just as soon as he was able to obtain building materials. 2o50 ""200 Mr. John E. Silva, 4 Cherry Street, asked where the proposed garage would be located. He said that he did not. believe there would be enough room on either side. He also asked whether or not Mr. Johnson intended to use the present foundation. Mr. Johnson said that he would use the foundation, if possible, and he thought there would be sufficient room for a garage. Mr. Silva asked if the requirements were for a 75 foot frontage and the Chairman stated that it depended on what the requirements were at the time the lot was laid out. Mr. Silva said that he thought the erection of a house would improve the piece of property and asked if Mr. Johnson intended to`live in the house himself. Mr.'Johnson said that he did not know whether he would live there or n6t; and 'would not bind himself to live in the house when it had been built. Mr. Joseph Curtin, 6 Cary Street, said that he would like to see a house built on this lot inasmuch as it is, in his opinion, an eyesore. He stated that garbage and refuse is t hrdwn into the foundation, He further stated that he did not think there would be room enough to erect a garage on either side of the house. Mr. May said that he represented his mother's estate. He said that originally this lot was owned by Harry Johnson who put in a foundation at 75'feet. Through some contro- versy over the matter, his mother Mrs. May, forced Johnson to put on the additional four feet or else the four feet were on the deed by mistake, leaving the lot in question only 71 feet. He said that the matter went to court and it was almost decided that the four feet be deeded to Harry Johnson. Unfortunately, however, he was killed in an automobile accident and the case closed." He said that as far as he is concerned, he would have no objection one way or the other, but the New England Trust Company has charge of the estate. He said that if Mr. Johnson built a house on this lot and there was a gully between the two houses, he would want Mr. Johnson to agree to gradethe other four feet even if they did not belong to him. He said that if the bank had no objections, he had none. The Chairman said that the bank did have some objections and read a letter dated May 24th received from the New England Trust Company. Mr. May said that his sister'ti^rants to sell the four feet of land to whoever buys the lot and that would give the owner 75 feet, but there is an agreement to sell to someone else, selling the entire lot which -includes the four feet. If the Estate breaks the agreement and sells the four feet to Johnson or someone else, it might, according to Mr. May, "upset the applecart" so far as the prospective buyer is concerned. The Chairman asked what Mr. May proposed to do about the four feet and Mr. May said that whoever buys it should agree tograde the four feet with the rest of their property. He said that it would not help the neighborhood to have a house • a gully and then a house. Mr. Nickerson asked who the person, now in the south Pac- ific, mention in the letter from the New E land�Tx stbparr Co y was and Mr. May said that this man is his R ster s rius an�. F�f Mr. A. J. Keefe, 5 Cary Street, said that he lives next door to the lot in question and he would be very glad to see a house there. He said that the lot is a disgrace and used for dumping. Mr. Silva said that he did not obje.ct to having a house built on the lot, but he would not like to have a garage in the rear. Mr. May siggested that Mr. Jorn.son contact the bank and arrange to purchase the four feet and then there would be no question relative to putting the garage on the side of the lions e . The Chairman asked if Mr. Johnson would have any objection to buying this piece and he said that he would not, if the price was right. Mr. Keefe said that children play around the foundation and dump garbage in the lot causing a health menace. Mr. Redman asked asked if the agreement to sell was liable to consummate dne way or another and Mr. May replied that it would May 31st, through the office of John Lamont. Mrs. Keefe asked if there were any restrictions as to who might purchase it, and the Chairman said that there were none whatsoever insofar as the Board of Appeals is concerned. The hearing was declared closed at 8;34 P. M. and the group retired. Upon motion of Mr. Redman, seconded by Mr. Locke, it was unanimously voted to grant the Napoli petition in the follow- ing form; BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By -Law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Frank A. and Mary 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 newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 25th day of May, 1945. Five regular 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 they wished a permit for a period of one year expiring on May 25, 1946, to conduct a roadside stend 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 May 25, 1945, gave consideration to the subject of the pet- ition 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 Lex- ington Zoning By-law. 4, That owing to conditions especially affecting the, said parcel but not affecting generally the Zoning distriey 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 thepetitioner and that desir - able 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 Lexington Zoning By-law is hereby varied so far as it may be neceeeary to permit Frank A. and Mary I. Napoli to maintain a temporary roadside stand on Marrett Road on the land of Frank and Mary I. Napoli, for the Purpose of selling only the products grown on their land in the Town of Lexington, and that said stand be maintained on the location as now existing; they to provide sufficient park- ing area for automobiles to prevent traffic congestion on Marrett Road; this permit to expire on May 25, 1946. The Board hereby makes a detailed record of all its pr o - 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 the decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker Errol H. Locke D. E. Nickerson J. Milton Brown Lester T. Redman I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 9th day of May, 1945, to Frank A. Napoli, John Waugh, Charles W.& Mary Fittz, Gordon & Alice Osgood, Robert P. Trask. Thomas & Jeanie heaney, Robert J. Fawcett, Carl Olsen, Raymond & Anna White, James H. & Elizabeth Clyde, Patrick Mackino, 209 Edwin & Mary Halvorsen, Maurice & Gladys Hutchins, William A. Melbye, Pasquale Panetta, Emily Scheibe, Marie A. Miller, Ralph & Eleanor Blair, Jacob & Ida Hiscock, Norman & Florence Mounton, Thomas & Elizabeth Warren, Ernest & Catherine Rogers, Mary B. Thurlow and also advertised in the Lexington Minute - Man on May 100 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals May 9, 1945 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, Sections 25 to 30 as amended, to vary the application of Section 9-F of the Lexington Zoning By-law with respect to the premises at No. 23 Middle Street, Lexington, Mass., owned by Frank A. and Mary Napoli of same address by per- mitting the following; Maintenance of the existing roadside stand for the sale of farm products produced on the land. Frank A. Napoli Mary I. Napoli by Thomas A. Napoli N 0 T I C E Lexington, Mass. May 10, 1945 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-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, Lexington, the maintenance of the existing roadside stand for thesale of produce grown on the premises, under the Lexington Zoning By-law and in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws and amendments. The hearing will be held on May 25, 1945s at 8;00 P. M. in the Seleetments Robm, Town Office Building, Lexington, Mass, Winthrop H. Bowker Chairman, Board of Appeals Decision on the Johnson petition was postponed until the next meeting of the Board which is to be held on June 8, 1945. The Chairman said that he would take the matter up with the New England Trust Company and report at the next meeting. The records of the meeting was held on May 4, 1945, were declared approved with one change. The Chairman read a communication received from. Roland Greeley relative to the Riding School located at the Lexington Nurseries. No action was taken on the matter. The Schuler hearing scheduled for 8;30 P. M. was cancelled by the petitioner. No persons appeared for the hearing scheduled for 9goQ P.M. on the application of Myrtle I. Connins for permission to oper- ate a kindergarten and nursery school at 1404 Massachusetts Avenue, The Clerk telephoned the petitioner and reported to the Board that Miss Collins was out of town for the weekend, Upon motion of Mr. Locke, seconded by Mr. Redman, it was unanimously voted to deny the petition. The Clerk was instructed to notify Miss Collins that the petition had been denied on the basis that no one appeared for the petitioner and no persons appeared in favor or against the petition. If another hearing is desired, it will be necessary to go through the usual procedure. Upon motion of Mr. Redman, seconded by Mr. Locke, it was voted to adjourn at 9;12 P. M. A true record, attest; / and of Appe 4S •