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HomeMy WebLinkAbout1947-03-1491 BOARD OF APPEALS MEETING ' March 14, 1947 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building,on Friday evening, march 14, 1947. Chairman Locke, Mr. Brown, Mr. Redman and Associate Members Ripley and Ballard were present at the hearing. The Clerk -.was also present. At 8:04 P.M., hearing was declared open upon the petition of Francesco Massimilla to alter the dwelling at 114 Bow Street to accommodate two families. Notice pf the hearing was read by Mr. Brown. There were two persons present at this hearing. Notices of the hearing have been mailed to the owners of all property deemed by the Board to be affected thereby, as they appear on the most recent tax list. Mr. Massimilla explained that the dwelling had been used as a two family some ten years ago. It had been owned by his father previously. The petitioner has bought the house from his father, and now would like to use it as a two family dwelling again. He will have to put in a rear egress. All the plumbing ' connections are there now, and only need to be connected. Mr. Locke: This building was used about ten years ago for two families. Mr. Massimilla; Yes. There is a sink there nowt' also tiolet facilities. Mr. Locke: Would facilities be placed back there.again. Mr. Massimilla; Yes Mr. Locke: Are there two faimly houses in.that neighborhood now. Mr. Massimilla; There are many in that section - not only two family but three family dwellings. Mr. Locke stated that if the permit were granted Mr. Massimilla would have to comply with the Building and Plumbing Laws of the town. Mr. Massimilla stated that he would. The hearing was declared closed at 8;15 p.m. The Board considered the application of Mr. Francesco ' Massimilla. Upon motion of Mr. Brown; seconded by Mr. Redman, it was unanimously voted that the application of Mr. Massimilla be granted in the following form: 29 A 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 received a written petition addressed to it by Francesco Massimilla, a copy of which is hereto annexed, held a public hearing thereof 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 fourteenth day of March, 1947. Three regular and two associate 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 Francesco and Eleanor Massimilla wished to alter the dwelling located at 114 Bow Street, Lexington to accommodate two families. The petitioner stated that the building had previously been used as a two-family dwelling; that some of the plumbing fixtures had been removed, and that he is willing to provide a stataway in the rear ' of the building as an egress. No-one appeared in opposition. At the close of the hearing the Board in private session on March 14, 1947, 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 tb 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 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. 1 1 29 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 may be necessary to permit Francesco and Eleanor Massimilla to alter and use the premises located at 114 Bow Street, Lexington as a dwelling to accommodate two families. 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 summaripedand 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) /s/ Errol H. Locke Aiden L. Ripley J. Milton Brown Lester T. Redman Walter C. Ballard I, Virginia B. 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 mail- ing on the twenty-seventh day of February 1947 to Francesco Massimilla, Edward G. & Susan M. Dattoli, Elvie H. & Chester E. Swenson, Richard J. & Mary C. Scannell, Charles A. & Helen Finney, Vito U. & Catherine V. Pierro, Gustaf S. & Vaja Julin, Peter Penta, Joseph F. Dettoli, Charles S. & Hattie N. Squires, Carmella Moretti, Marie G. Santosuosso, Nicolena & William A. Galarneau, Anthony & Madeline R. Mongelli, Sabino San- tosuosso, Donizio & Annie DeMartines, Elizabeth Tribuna, Marie Videtta, Donatg & Auguria Pierro, Guiseppe & Anne Milillo, Guisseppina Vitale and also advertised in the Lexington Minute Man on February 27, 1947, a'notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals 29 N O T I C E February 27, 1947 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 Francesco and Eleanor Massimilla and located at 114 Bow Street, Lexington, the alteration of the dwelling to accommodate two f amiles, under the Lexington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held on March 14, 19473, at 8:00 p.m, in the Selectmen's Room, Town Office Building, Lexington, Mass. ERROL H. LOCKE Chairman, Board of Appeals. February 24, 1947 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 30A as amended, to vary the application of section , 9c of the Lexington Zoning By-law with respect to the premises at No. 114 Bow Street, owned by Francesco and Eleanor Massimilla of Lexington by permitting the follow- ing: Alteration of dwelling to accommodate two families. Francesco Massimilla 114 Bow Street Lexington, Mass, At 8117 p.m., hearing was declared open upon the petition of Samuel Sanders for permission to have a road- side stand for the sale of produce on the premises located at 404 Bedf ord Street. Notice of the hearing was read by Mr. Ballard. The petitioner was the only person present. Notices of the hearing have been mailed to the owners of all property deemed by theBoard to be affected thereby, as they appear on the most recentt;tax list. Mr. Locke stated that the Board was well aware of the fact that a year ago Mr. Sanders was granted permission to operate a roadside stand. He asked the petitioner if he had built and operated this stand. Mr. Saunders ' answered in the affirmative. Mr. Locke; Have you had any complaints from the neighbors. 295 Mr. Sanders; Not that I know of. Mr. Iipcke; Do you intend to make any changes. Mr. Sanders; No. I merely want to sell my own produce. Mr. Locke asked the location of this stand, and Mr. Sanders described where the stand was situated. Mr. Locke then read the petition of last year. The hearing was declared closed at 6:20 P.M. The Board then considered the application of Mr. Samuel Sanders. Upon motion of Mr. Ripley, seconded by Mr. Ballard, it was unanimously voted that the application of Mr. Sanders 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 received a written petition addressed to it by Samuel Sanders, 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 advertiled in the Lex- ington Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the fourteenth day of March, 1947. Three regular and two associate 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; Mr. Sanders stated that following the permit granted March 1, 19462 he had erected a roadside stand in accordance with the restric- tions mentioned in the original Permit; that he was making no alterations in the present structure, and that all conditions would remain the same as during the past year. At the close of the hearing the Board in private session on March 14, 1947, 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 making of the except- ion requested. ' 2. That the exception requested will not tend to impair the status of the neighborhood. 296 tiro 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 enf orcembnt of the pro- visions 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 unna- imously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Samuel Sanders to maintain a roadside stand for the sale only of produce grown on his land subject to the following con- ditions; That no flood lights shall be provided; that the Premises shall be kGbpt in a neat and clean condition at all times, and that this Permit shall expire March 140 1948. 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 here- , inbefore 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) /s/ Errol H. Locke Aiden L. Ripley J. Milton Brown Walter C. Ballard Lester T. Redman I, Virginia B. Tarbell, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 273 hereby certify that I sent by postage cer- tificate of mailing on the twenty-seventh day of February , 19479 to Samuel Sanders, Dennis J. & Annie J. Kelley, Minnie Seymour, David Buttrick Co., William M. & Marjorie ' W. Van Scoyoc, Edward G. Bunzel, Agnes M. Commons, Raymond J. & Catherine C.�Turcott, John & Doris M. Guest, Leslie L. & Rita B. Curtig,Allan R. & Bertha L. Browne and also advertised in the Lexington Minute Man on February 27 1947, a notice of which the following is a true copy. , /s/ Virginia B. Tarbell Clerk, Board of Appeals. N O T I C E February 27,1947 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 Samuel Sanders, and located at 404 Bedford -Streets Lexington, a roadside stand for the sale of produce, under the Lexington Zoning By-�,aw and in accordalce with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held on March 14, 1947 at 8;15 p.m, in the SelectmenisRoom, Town Office Building, Lexington, Mass. ERROL H. LOCKE ' Chairman, Board of Appeals February 26, 1947 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 30A as amended, to vary the application of section 9f of the Lexington Zoning By-law with respect to the premises at NO -404 Bedford Street, owned by Samuel Sanders of Lex- ington by permitting the following; To maintain roadside stand for sale of farm products. Samuel Sanders 404 Bedford Street Lexington, Mass. The meeting was adjourned at 8;30 g.M. A true record, Attest II Clerk, Board of Appeals.