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HomeMy WebLinkAbout1946-10-18160 Cr BOARD OF APPEALS MEETING ' October ,18, 1946 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday evening, October 18, 1946. Chairman Bowker, Mr. Nickerson, Mr. Redman, Mr. Brown and Associate Member Ripley were present at the hearing. The Clerk was also present. At 8;05 P.M. hearing was declared open upon the petition of Anthony E. Colozzi, M.D. for per- mission to maintain a physician's office at 627 Massachusetts Avenue, Lexington. Notice of the hearing was read by Mr. Redman. Three persons attended the hearing. Dr. Colozzi stated that he wished to maintain a practice in that location. No alterations will be needed. He would like to put an electric sign outside the house. The house has a large frontage, and he would like to place this sign on the lawn. The distance from the sidewalk to the front of the ' house is about 96 feet, and he would put this sign about 10 feet in from the sidewalk. William J. Grant, 627 Massachusetts Avenue, spoke in favor of granting this petition. He is the owner of the property. Dr Colozzi is to take two rooms in the house. He is not able to live in Lexington at the present time; but would like eventually to make his residence here. A Mr. McCormick from North Lexington spoke as to Dr Colozzi's character and ability. He is a returning veteran and wants to get a start. Dr! Colozzif s office hours will be from 2 to 4 and 6 to 8. At present he resides in Arlington Heights. He will park his car in Mr. Grant's drive- way.. Hearing was declared closed at 8;13 P.M. 1 At 8;15 P.M., hearing was declared open upon the petition of Jesse Ferreira for permission to erect and maintain a roadside stand located on Lots 27 and 28 Waltham Street, Lexington. Notice of the hearing was read by Mr. Ripley. Five persons attended the hearing. Mr. Ferreira stated that he wished to erect a building'Which would be 12 x 12, and would be set back from the roadway"about 30 Peet. This stand is across from Brook- side Avenue. Mr. Ferreira owns two acres of land. All he wants is a wooden stand with a cover on it. If he is able, he would put -a cellar in it. He will operate in the afternoon only; sells his own vegetables,• nothing more. There is sufficient room for cars to park. He stated that he wished only a small sign. He hopes some time to build his home on this property. At present he is living at 806'Waltham Street which is about 1/4 mile from the stand. Mr. Ferreira started this year about the 15th of August; and closed his stand the latter part of September. Answering Mr. Nickerson's question, Mr. Ferreira stated that he can put about five cars in the driveway. George Macbeth; 507 Waltham Street, stated that he owns Lots 233, 24, 25 and 26. Because some of the neighbors were unable to attend this hearing, Mr. Macbeth presented a signed petition to the Board enter- ing a protest against the granting of this petition. Mr: Macbeth said that the granting of this petition would cause a great automobile hazard. He has observed the traffic congestion at this spot. Waltham Street is a three car road. This stand is directly opposite a bus -stop. During the summer while this stand is operating, cars park on both -sides of the street, and it is reduced to one lane of traffic. There have been many near accidents. If the stand is allowed, those near accidents will become real ones. Mr. Macbeth disagreed with Mr. Ferraira as to the -parking of cars-. 1h.ere he proposes to park these cars is actually a sidewalk which has not yet been accepted. The stand is not farther than 20 feet from a hydrant, and the dans park on his lawn. This stand naturally tends to depreciate the value of his property. Mr. Macbeth stated that Mr. Parker of the Lexington Co-operative Bank is opposed to this petition. ' Mrs. Macbeth, 507 Waltham Street, spoke against the granting of this petition. She said that it was her intention eventually to build a house on their other lots of land, and all that they would view would be rubbish. It would be 162 X con impossible to park cars where Mr. Ferreira said he could because there are five trees in the way, and it would be necessary for the cars to park on the sidewalk or the street. Because there is a curve and an .incline at this -particular section, it is extremely dangerous. Mrs. Macbeth would not oppose this petition except that it is to be a permanent stand. Airs. Nils Nilsson, 495 Waltham Street, also said that she was opposed to this stand because she did not feel that it would be very attractive, and is a traffic hazard. Mr. Nils"Nilsson, 495 Waltham Street, feels that because of traffic conditions a stand at that point would be a bad thing. Mr. Ferreira stated that he had tried to clean up his place as best he could so,that it would not be unattractive. Hearing was declared closed at 8;30 P.M. At 8;35 P.M., hearing was declared open upon the petition of William Kirmayer, Jr., for permission to erect a house on bots 13 and 14 Dexter Road, Lex- ington, the construction of which will not meet the requirements of the Building By-law. Notice of the hearing was read by Mr. Redman. Twenty-seven persons attended the hearing. Mr. William S. Wolsey spoke for the petitioner who was not present.. This particular house has been accept- ed in Malden, Melrose, Leominster, Nashua and Worchester. It is a prefabricated house built of plywood. 2 x 3 studs are used. The'house is stronger than the conventional type now being built. It has five rooms - the overall size is 24 x-36. It does'not have a cellar. There are two bedrooms, living room, kitchen ( 12 x 12) and bath. Plywood makes good wail, and won't crack: The house is fully insulated-- 4`1/2" on the floor, and 2 1/2" on the ceiling. Radiant heat installed in the ceiling. There is only one degree in variation of temperature. Not necessary tq have storm windows. The house is set on piers with an "I" beam on top of them. Asbestos sheet rock is used. Celotex insulation - 1/2" plywood floor With linoleum on top. 2 x 3 stud is stron or than regular walls. For the interior they use 1%4" plywood; for the exterior 3/8". Rafters are spread r further part than our law calls for - 24" on center. 2 x 6 r f tens. 6" loose rook woll on ceiling. 1 All figures used are daze` by. a group of engineers. They have a factory in Leominster, and one is to be erected in Nashua, New Hampshire. The price of $ 52990 includes land - $400 is allowed for a lot of land. The factory is producing one of these houses a day. In answer to various questions, Mr. Wolsey stated; 8" steel "I" beam runs through house, 1/4" plywood on top of steel beam, 2 x 8 floor timbers, 16" on center. 4/2" of insulation on top of plywood, 3 1/2" dead air space; on top of plywobd`is placed linoleum, nailed and glued. The house is painted with two coats of paint and blinds in front of'the house. The house can take shingles or clapboards.. It now has a smooth appearance. Mr. Harry Osbon, 67 Gleason Road, is. diagonally across from the proposed house. He asked Mr. Wolsey where he had been refused a permit to build these houses. Mr. Wolsey answered by saying that he had not been turned down by any town. He also went on th say, in answer to further questions, that the heating is taken care of by a utility room --about the size of a radio in the living room; gas heater, circulating hot water,, radiant heat. ' Woburn is going to add an amendment to their Laws to include prefabricated houses. Mr. Wolsey has been in business himself for 12 years; the firm for 25 years. Mr. Warren Johnson, 64 Gleason Road, feels that with the land available in town, all these houses could be put in one section. He"f eels very strongly that this type of house will decrease the value of property in that neighborhood. Whitney Smith, 93 Gleason Road, has no objections to putting up this kind of house for he feels that the veterans need a place to live, but he is opposed to having it in his neighborhood. Mr. Legro, 84 Gleason Road, stated that he had seen some of these prefabricated houses and they are much smaller than any house in his neighborhood., He feels that these houses should be put in a group and not intermingled with regular houses. Mr. Cox, 33 Dexter Road, believes that this type of house " will tend to depreciate the value of his property. 1 16 Alfred Mortimer, Jr., 14 Dexter Road, stated that the Manor has always been high-grade, and he .objects to -the erection of this type of house. Clarence Small, 19 Dexter Road, said that the Building Laws are to protect all residents and he does not feel that we should deviate from them. Mr. Guiler, 11 Dexter Road, agreed with Mr. Small. Mr. Banks, 31 Simonds Road, objects to the build- ing of this type of house,. Mr. Wolsey stated that he did not know the Dexter Road -section, but asked that the people look at the prefabricated house before condeming it. Hearing was declared closed at 9;25 P.M. The Board then considered the application of Anthony E. Colozzi, M: D. Upon motion of Mr. Redman, seconded by Mr. Brown, it was unanimously voted that the application of Anthony E. Colozzi, M. D, be granted in the following form; BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By -Law and General Laws, Chapter 40, Sections 25 to 30A as amended, having receiveda written petition addressed to it by Anthony E. Colozzi M. D. a copy, of which is hereto annexed, held a putlic hearing thereon of which notice was mailed to the petitioner to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, a newspaper }xublished in Lex ington, which hearing was held in the Selectmen's Room., in the Town Office Building on the eighteenth, day of October 1946. Four regular and one associate member 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, Anthony E. Colozzi, desired permission to maintain a physiciants office at 627 Massachusetts Avenue, Lexington, on property owned by William J. and Julia M. Grant. The petitioner stated that he intended to occupy two rooms in the residence of William J. and Julia M. Grant. He stated that there are to be no alter - C11 1 1 1 ations made to the" -building that would change the outside appearance. Two persons ppbke in favor of granting the petition. No one appeared against the granting of it. At the close of the hearing the Board in private session on October 18, 1946 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 exdeption 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 of 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 unanimously decides that the application of the'Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Anthony E. Colozzi, M. D. to main- tain a physician's office at 627 Massachusetts Avenue, Lexington, on the property owned by William J. and Julia M. Grant. 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 f1 165 166 0C cr; G 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) /s/ Winthnop H. Bowker A. Li Ripley D. E. Nickerson .Lester T. Redman J. Milton Brown I, -Virginia Be Tarbell, Clerk of the Board of Appeals, of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certif icate of mailing on the third day of October 29461, to'Anthony"E. Colozzi, M. D., William J. & Julia M. Grant, John R. & Ann G. Paranya; Dennis J. Healey, Adran E. E. Jr. & Anita Be Mackeen, Katherine Jacobs, Amalie J. Armstrong, Frederick L. & Mabel A. Doyle, Adeline L. Cataldo, Margaret C. & Martha J. Wilson Trs., Anthony R. Cataldo, Clifford H. & 'Ruby H.Faulkingham,<and also advertised in the Lexington Minute -Man on October 3, 1946, a notice of which the following is a true copy. /s/ Virginia Be Tarbell Clerk, Board of Appeals. N O T I C E October 3, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By- law upon petition of Anthony* E. Colozzi, M..D, for permission to maintain-a'physicianis office at 627 Massachusetts Avreniae,'Lexington, owned by William J. and "Julia if. Grant, under the Lexington Zoning By;law and in accordance with General Laws, Chapter , 40, Sections 25 to 30 as amended. 16:! The hearing will be held on October 18, 1946 at 8:00 P.M. in the -Selectmen's Room, Town Offiee Building, Lexington, Mass, WINTHROP-H, BOW KER Chairman, Board of Appeals September 20, 1948 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts 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 6b of the Lexington Zoning By-law with respect to the premises at No.'627 Massachusetts Avenue owned by William J. and Julia M. Grant of Lexington by permitting the following: To maintain a physicianta office. Anthony E. Colozzi, M.D. 29 Wachusett Avenue Arlington, Mass. The -Board then considered the application of Jessie Ferreira.- Upon motion of Mr. Brown, seconded by Mr. Dickerson, it was unanimously voted that the application of Jesse Ferreira be denied in the following -form: BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30A as amended, having received a written petition addressed to it by Jesse Ferreira, 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 Select- men's Room, in the Town Office Building on the eighteenth day of October 1946. Four regular and one associate member 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; 168 1. That in its judg;6ent. the public convenience and welfare will not be substantially served by the. ' making or 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 relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose ofsuchLex- ington By-law. Pursuant to the said findings, the Board hereby denies the said petition of Jesse Ferreira for per- mission to erect and maintain a roadside stand located on Lots 27 and 28 Waltham Street, 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 That he wished to erect and maintain a roadside stand located on Lots 27.and-28 Waltham Street, Lex- ington. The petitioner suited that he intended to sell produce raised on his own land during the afternoon only, and that he wished to construct a stand that would be approximately 12 x 12; said stand to be set back from the roadway approximately thirty feet. Four neighbors in the inmlediate vicinity spoke against by four additional citizens, also in the neighborhood, who were opposed. No-one spoke in favor of the greAting of the petition. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show; That the erection of the roadside stand would be a traffic hazard and detrimental to.their property. At the close of the hearing the Board in private session on October 18, 1946 gave consideration to the subject of the petition and .voted unanimously in favor of the f ollowing c f findings s 1. That in its judg;6ent. the public convenience and welfare will not be substantially served by the. ' making or 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 relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose ofsuchLex- ington By-law. Pursuant to the said findings, the Board hereby denies the said petition of Jesse Ferreira for per- mission to erect and maintain a roadside stand located on Lots 27 and 28 Waltham Street, 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 (Acting under the Lexington Zoning By-law and General Laws) /s/ Winthrop H. Bowker D. E. Nickerson A. L. Ripley Lester T. Redman J. Milton Brown I. Virginia Be Tarbell, Clerk of the Board of Appeals of'Lexingtcn, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the third of ' October -1946, to Jesse Ferreira, David T. & Helen M. Mcpeake,:Mildord Woodward Matthew A. & Elizabeth Macauley, Ellezi & Nils Go Nilsson., Joseph -He Potter, David A: Rix, Lawrence J. & Mary A. Selig, Helen C. Macbeth; Andon & Vanthi Grigor, H. Albert & Irene T. Webb, Emily Ferreira, Antoinette, Louis & Joseph Ricci, Mary S. Coudinho, Andrew S. Domings Tr., Olive F.�Faria & Agnes F. Lima, Augustus J. & Lillian F. Silva, Everett Me & Irene Dillman, Annie Katkoff, and also advertised in the Lexington Minute -Man of October 3, 19460 a notice of which the following is a true copy. /s/ Virginia Be Tarbell N O T I C E Clerk, Board of Appeals October 3, 1946 The Board of Appeals will hold shearing on the matter of varying the application of the Zoning Law upon petition of Jesse Ferreira for permission to erect and maintain a -roadside stand located on Lots 27 and 28 Waltham Street, Lexington, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. 170 0C , The hearingwill be e nOctober 18, 1946 at 8;15 P-M. in the Selectmen's Room, Town office Building, Lexington, Mass. WINTHROP H. BONER, Chairman, Board of Appeals September 18, 1946 Lexington Board of Zoning Appeals Town Office Building' Lexington, Massachusetts 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 9e of the Lexington Zoning By-law with respect to the premises on Lots27 and 28 Waltham Street, owned by Jesse Ferreira of Lexington by permitting the following; The erection and maintenance of a roadside stand at lots 27 and 28 Waltham Street. ' Jesse Ferreira 806 Waltham Street Lexington, Mass, The Board'next considered the application of William Kirmayer Jr. Upon motion of Mr. Redman, seconded by Mr. Nickerson, it was unanimously voted that the application of William Kirmayer, Jr. be denied in the following form; BQARD OF APPEALS DENIAL The'Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40 Sections 25 to"30A as amended, having received a written petition addressed to it by William-L, Kirmayer, Jr., a copy of which is hereto annex®d held a public hearing there- on of which notice was hailed to the petitioner and to the owners 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 Abvertised in the Lexington Minute -Man, a ndwspaper published in Lex- ington,, which hearing was held in the Selectments Room, in the Town office Building on the eighteenth ' of October 1946. 171 4.' That the enforcement of the Lexington Building By -law -as to the locus in question would not involve practical difficulty and u#necessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lex- ington Building $y -law. Pursuant to the said findings, the Board hereby denies the said petithn of William L. Kirmayer, Jr. for the erection of a house on Lots 13 and 14 Dexter Road, Lexington, which will not meet the requirements of the.Lexington Building By-law. Four regular and one -associate member 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 petitioner wished to erect a prefabricated house on land located on Block 20, Lots 13 and 14 Dexter Road, Lexington, the construction of which would not meet the Lex- ington Building By-law. Detailed description of the house was shown on Plans labeled K. V: Wolsey Co. Builders, Drawn by -Antonio •J. Tambone, dated 8/28/461, placed on file with this petition. Ten persons living in the immediate vicinity opposed the granting of this petition. One lettem was received from Roland M, Wardrobe opposing the petition. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show; That the erection of this proposed dwelling would be detrimental to the neighborhood. At. the close of the hearing the Board in private session on October 18, 1946, 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 Building By-law. 4.' That the enforcement of the Lexington Building By -law -as to the locus in question would not involve practical difficulty and u#necessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lex- ington Building $y -law. Pursuant to the said findings, the Board hereby denies the said petithn of William L. Kirmayer, Jr. for the erection of a house on Lots 13 and 14 Dexter Road, Lexington, which will not meet the requirements of the.Lexington Building By-law. 172 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 (Acting under the Lexington Building By-law and General Laws) /s/ Winthrop H. Bowker D. E. Nickerson A. L. Ripley Lester T. Redman ' J. Milton Broom I. Virginia Be Tarbell, 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 third of October 1946, to William L. Kirmayer, Jr., Donald M. & Marjorie S. Guiler, Ruth M. Woodward, Clarence A. Small, William F & Mary J. Reid, Calvert W. & Dorothy E. Cox, Elizabeth M. Maynard, Myles F. & Gertrude Heff erman, Clarence E. &-Kathryn F. Delp, Mary C. & Alfred -C. Mortimer, Jr., Lowell We Buchanan, John F. & Margaret Daniels, Edward W. & Rose E. Cole, Alice L. & Ralph S. Carvill, Benedict Hemmerlin, Addie L. Kendall, Paul -H. & Gertrude E. Duncan, Earle C. & Helen C. Banks, Harry W. &Audrey M. Osbon; Ernest E. & Alice C. Wortman, Milford 0. Woodward, K. V. Wolsey Company, Inc., and also adver- tised in the Lexington Minute -Man on October 3, 19460 a notice of which the following is a true copy. /s/ Virginia B. Tarbell , Clerk, Board of Appeals ' N 0 T I C E October 30 1946 The Board of Appeals will hold a hearing on the matter of varying the application.of.the Building By -Law by permitting on the premises owned by William L. Kirmayer, Jr. and located on Block 20., Lots 13 and 14 Dexter Road, Lexington, the erection of a house, the construction of which will not meet the requirements of the Building By-law. The hearing will be held on October 18, 1946 at 8:30 P.M. in the Selectmen's Room, Town Office Build- ing, Lexington, Mass, WINTHROP H. BOWKER Chairman, Board of Appeals September 26, 1946 Lexington Board of Zoning'Appeals Town Office Building Lexington, Massachusetts 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 2 -Article 21 of the Lexington Building Code with respect to the premises at Block 20, Lots 13 and 14 Dexter Road, owned by William L. Kirmayer, Jr.,, 41 Lexington Avenue, Needham Heights by permitting the following; Manuractured house to be erected. William L. Kirmayer, Jr. 41 Lexington Avenue Needham Heights, Mass. By: K. V. Wolsey Co., Inc. Upon motion of Mr. Nickerson, seconded by Mr, Redman, it was voted -to approve the munutes of the meeting of'gctober 4, 19460 The meeting adjourned at 10:25 P.M. A true 'record, Attest-, Clerk, Board of Appeals 17