HomeMy WebLinkAbout1931-06-05120
BOARD OF A?PEALS MEETING
JUNE 5, 1931.
A regular meeting of the Board of Appeals was
held at the Selectmen's Room, Town Office Building
at 8:15 P.M. Messrs. Maddison, Bladrey, Glynn,
Cmstance and Slocum were present. The Secretary
was also present.
At 8:15 P.M. hearing was declared open on the
application of Frank A. and Mary Napoli for permission H Napoli
to operate a roadside stand on their premises, this hearing.
being a request for renewal of a permit granted to them
and exiring on June 11, 1931.
Mr. Frank A. Napoli stated that he had sold only
the products of his premises and had complied with
the request of the Board. He inquired, however, if
a hearing had te be held each year on his application and
if he had to pay the ten dollars each time. He felt
that this was a lot to have to pay.
Mr. Thomas Napoli, his son, stated that laLt year
when the hearing was held, Mr. Fawcett was the only one
who aveared to object and he only objected to the
building being built. He had not objected to their
selling their products, but felt that the building would'
depreciate the neighborhood. As far as depreciation goes
he stated that two very good houses have been constructed
across from his father's property on .diddle Street.
He asked if some way could be worked out whereby a
hearing would not have to be held each year and a charge
made for the hearing.
Mr. William R. Vose of Middle Street stated that he
had been in town for five years and his house was one
of the first in that particular development and he was
there when Mr. Napoli came to live on that place. He
had no objection, and. he felt -there should be no objection
to the application.
No other persons appeared in favor of or against the
petition and the hearing was declared closed.
After discussing the matter in private session, the
Board voted to pass the following order granting permission
to Frank A. and Mary. Napoli to operate a roadside stand:
The Board of Appeals, acting under General Laws,
Chapter 40, sec. 27, having received a written petition
addressed to it by Frank A. Napoli, Middle St., Lexington,
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 Times-Mktute
Ian, a newspaper published in Lexington, which hearing
1
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was held in the Selectmen's Room, in the Town Office
Building on Friday, the 5th day of June, 1931 at
8 o'clock P.M. A majority of the members of the Board
of Appeals was present at the hearing.
After hearing the. evidence offered by the petitioners
and such other evidence as was offered, the Board in
private session held June 5, 1931, gave consideration
to the subject of the petition and a majority of the
Board voted that in its judgment the public convenience
and welfare will be substantially served by the use
of the premises described in the petition and that such
use will not tend to impair the status of the n eighborhocd.
The Board therefore. determines that the application
of Section 9 Exceptions, of the Lexington Zoning By-law
permits the use of the premises described in the
Petition, and instructs the Inspector of Buildings of
Lexington to grant a permit to maintain a temporary
roadside stand on the Marrett Road front of their land
located on Marrett Road and Middle Street for the
purpose of selling only the products grown on their own
land in the Town of Lexington, and that said stand be
maintained on the location as now existing; they to provide
sufficient parking space for automobiles to prevent
traffic congestion on Marrett Road; this permit to
expire June 11, 1932.
The Board thersi'ore determines that the use of the
premises described in the petition is in harmony with
the general purposes and intent of the Lexington Zoning
By-law.
Arthur N. Maddison
Roland v. Baldrey
Theodore A. Lustance
Curlys L. Slocum
C. Edward Glynn
BOARD OF APPEALS OF LEXINGTON
I, Roland_i. Baldrey, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
section 27, hereby certify that I sent by registered mail
on the 20th day of May, 1931 to Edgar F. Schiebe, Robert J.
Fawcett, Louise M. Hannaford, Russell Bray, American
Oil Co., Thomas J. & Jennie Heaney, Neil McIntosh,
Caroline 0. Olsen, Helen 1. & Clarence W. Mason, Bertha A.
Lawson, John E. & Alice M. Chism, Albina M. aIarble,
Christine A. Gramstorff, Raymond L. & Anna White, Walter C.
& Florence M. Boone, Patrick & Helen MacKino, Edwin H.
& Mary E. Halvarson, Frank A. & Mary Napoli, Pasquale Panitta,
William P. Eyler, and also published in the Lexington
Times -Minute Man on May 22, 1931, a notice of which the
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following is a true copy. .
Roland W. Baldrey,
Clerk, Board of Appeals.
May 20, 1931.
Ler.ington 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 F of
the Lexington Zoning By-law with respect to the premises
at Middle Street owned by Frank A. Napoli of Lexington
by permitting the following:
For renewal of permit to allow sale of farm produce
at roadside stand.
NOTICE
Frank A. Napoli.
Lexington, lass.
May 20, 1931.
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning Law by
permitting the use of the property situated on Middle
Street near its junction with Marrett Road and owned
by Frank A. & Mary Napoli under Section 9 F of the
Lexington Zoning By-law for a permit for a roadside
stand on the said premises for the sale of only the
products of the land and in accordance with Chapter 133
of the Acts of 1924.
The hearing will be held June 5, 1931 at the
Selectmen's Room, Town Office Building at 8:00 o'clock P.M.
Arthur N. Maddison
Chairman, Board of Appeals.
123
At 8:25 P.I. hearing was declared open on the
application of Frank Dias of Concord Avenue for'
permission to erect and maintain a roadside stand on Dias
the property of Isabella Fardy on Waltham Street. hearing.
Mr. Dias pointed ouJeOn the plan where he intended
to put the stand.
ir. Silva, his brother-in-law, spoke for him and
stated that Ir. Dias' property was on Concord Avenue
adjacent to where the garage is located and adjacent to
the property of Mrs. Isabella Fardy, The location for the
stand which they request is to be about 174 feet from
Concord Avenue and would not be in the business zone.
Mr. Dias stated that Mrs. Fardy's house was located
100 feet from the corner. They want to erect a shelbr
about 14 feet long and 12 feet wide to be set about
20 to 25 feet from the street and they probably would
have shutters on the front of the building. He stated
that there was now a dirveway there and people could
drive in off the road. The land slopes away from where
the stand is intended to be placed. The driveway there
is located just as you go into Mrs. Fardy's house.
The Fardy land goes back from Waltham Street about 300
feet and his land is beyond that.
Mr. Dailey, who owns the so-called roster place
at the corner of 8oncord Avenue and Waltham Street
diagonally opposite the garage, objected. He felt that
the distance between the garage and house as given was
not correct. Also that th`..s is one of the most dangerous
corners where there have been several accidents and there
was not any demand for a roadside stand. He felt that in
giving this privilege it was commercializing the property
located :.n a residence district. Directly opposite his
house there is a clam house and within 100 yards there is
a roadside stand operated by Ir. Ricci, and he judged
that where they intended to place this stand was at the
brow of the hill. He stated that he had no feeling
whatever against Mr. Dias, but he felt that he had rights.
He could not rent h`s house on account of the conditions
at the corner with the garage diagonally opposite his
house and the cross roads and -it made a very dangerous
situation. He felt that if this permit were allowed it
would only be an opening for other permits to be allowed.
He felt that the cars coming out of the garage make a
dangerous condition at this cross road and then with
this fruit stand allowed it would add to the danger of
traffic congestion on that street. He suggested that
Mr. Dias sell his products -on Concord Avenue on his own
lanci. Mr. Dailey stated that the house which he owns is
located in the business district and was built there
about nineteen years ago and is located about 200 feet
from the garage.
Mr. Dias stated that he knew that the measurements
at that corner were right inasmuch as he went with the
Building Inspector and they made the measurements. He
also inquired of Ir. Dailey how long Ir. Maguire had
lived in his house anci Mr. Dailey replied he had just
moved out. He also inquired how long he lived there and
Ir. Dailey stated ':he lived there two and one half years.
Mr. Dias stated that !,Ir. Lawrence had been in business
opposite Mr. Dailey's house only one year.
122
The hearing was declared closed, and after
discussing the matter, the Board decided to lay the
application on the table until such time as they had
an opportunity to view the premises.
The Board considered the application of William A.
Granfield for a permit to install two 1000 gallon
gasoline tanks on his premises at Spring Street and
voted not to grant the permit. The following order was
therefore signed by the Board.
The Board of Appeals, acting under General Laws
Chapter 40, Section 27, having received a written
petition addressed to it by William A. Granfield,
Granfield Marrett Rd. and Spring St., Lexington, a copy of which
order. is hereto annexed, held a public hearing thereon of
which notice was mailed to the aetitioner 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
Times -Minute Ian, a newspaper published in Lexington,
which hearing was held in the Selectmen's Room, in the
Town Office Building on Tuesday, the 26th .day of May,
1931 at 8 o'clock P.1. A majority of the members of
the Board of Appeals were present at the hearing.
After hearing the evidence offered by the
petitioners and such other evidence as was offered,
the Board in private session held June 5, 1931, gave
consideration to the subject of the petition and a
majority of the Board voted that in its judgment the
public convenience and welfare will not be substantially
served by the use of the premises described in the
petition and that such use may tend to impair the status
of the neighborhood.
The Board thereford determines that the application
of section 6 (c) in C.1 Districts and Section 9 of the
Lexington Zoning By-law do not permit the use of the
premises described in the petition and instructs the
Inspector of Buildings of Lexington not to grant a
permit therefor.
Arthur N. Maddison
Roland W. Baldrey
Theodore A. Custance
Curlys L. Slocum
C. Edward Glynn
BOARD OF APPEALS OFLEXINGTON.
I, Boland F. Bildrey, Clerk of the Board of
Appeals of Lexington, appointed under General Laws,
Chapter 40, Section 27, hereby certify that I sent by
registered mail on the 7th day of May, 1931 to
125
Emma P. Miller, Gertrude E. Briggs, Edward F. Donahue,
Joseph G.-Fredette, George B. Jeffrey, -Alice JA. Mills,.
Merle B. Judkins, Albert D.. & Doris B. Smith, Chester
Sutherland, Bert J. Whittemore, Neil McIntosh, Stanley
G. Thwing, Jane Foley, Emily Montgomery, Alice F`. Grafe,
Alexander A. Warner, Walter L. and aviary N. Groves,
Bartholomew J. Lehan, Margaret M. & Mary J. Cochrane,
Henry A. Groves, Angelina F. Remick, Mary C. Bowles,
Linda R. .Grindle, Charles k. McKinnon, Daniel H. McKinnon,
Lillian J. Pratt, Constance L. Thompson, Lillian L.
Granfield, William A. Granfield, Gertrude E. Chase,
Hugh & Sadie "McIntosh, Mary A. Lowe, J. Elmer Lowe,
Harriett C. Wright, Edward S. Payson, Edith C. Smith,
David H. Burns, and also published in the Lexington Times -
Minute Man on May 8, 1931, a notice of which the
following is a true copy.
Roland T. Baldrey,
Clerk, Board of Appeals.
.;Iay 1, 1931.
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 6 Kc
in C.1 Districts, and Section 9 of the Lexington Zoning
By-law with respect to the premises at Marrett Road
owned by Lilla L. Granfield of Lexington by permitting
the following:
William A. Granfield
Marrett Rd. & Spring St.
NOTICE
Lexington Board of Appeals.
May 6, 1931.
Notice is hereby given that the: Board of Appeals of
Lexington appointed under General Laws, Chapter 40, Section 27,
will give a hearing in the Selectmen's Room, in the Town
Office Bui_ding on the 26th day of May, 1931 at eight
o'clock P.Q. on the application of William A. Granfield of
128
Lex. Burial
Park Assoc.
order.
Lexington that the Board vary the application
of Section 6 (c) in C.1 Districts and Section 9
of the Lexington Zoning By-law and under Chapter 133
of the Acts of 1924, to permit the installation
of two 1000 gallon gasoline tanks with pumps on
the premises at Barrett Road, Lexington.
Arthur N. Maddison
Chairman, board of Appeals.
The application of the Lexington Burial Park
Association was taken from the table.
The Town of Bedford in which town the Lexington
Burial Park Association applied for a permit to
operate a cemetery having refused the permit and the large
part of this property having been located in Bedford,
the Board of Appeals took final action in denying the
application of the Lexington Burial Park Association
to operate a public cemetery in Lexington as follows:
The Board of Appeals, acting under General Laws,
Chapter 40, sec. 27, having received a written petition
addressed to it by the Lexington Burial Park Association,
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
Times -Minute :fan, a newspaper published in Lexington,
which hearing was held in the Selectmen�s Room in
the Town Office Building on the 30th day of December,
1930, at eight o'clock P.M. A majority of the
members of the Board of Appeals were present at the
hearing.
After hearing the evidence offered by the
petitioners and such other evidence as was offered,
the Board in private session, held June 5, 1931,
gave consideration to the subject of the petition
and a majority of the Board voted that in its judgment
the public convenience and welfa e will not be
substantially served by the use of the premises
described in the petition and that such use may tend
to impair the status of the neighborhood.
The Board therefore determines that the application
of the Lexington Zoning By-law does not permit the use
of the premises described in the Detition and instructs
the Inspector of Buildings of Lexington not to grant
a permit therefor.
Arthur N. Maddison
Theodore A. Custance
Roland W. Baldrey
Curlys L. Slocum
C. Edward Glynn
BOARD OF APPEALS OF LEXINGTON
127
I, Roland Y. Baldrey, Clerk of the Board. of
Appeals of Lexington, appointed under General Laws
Chapter 40, Section 27, hereby certify that 1 sent
by registered mail on the 11th day of December, 1930
to Louise & Annie DeVitto, Albert Ferrarine, Louis Mucci,
Anthony G. & Jeannette A. Salemme, Maria Salemme,
Augustas J. Vacaro, Joseph P. & Ida M. Lyons, Joseph R.
LaVoie, Peter S. Walsh, Patrick Clifford, Amos D. Glawson,
Winifred M. Owens, Maurice J. & Catherine F. O'Connor,
William F. Condon, Catherine A. Condon, Anthony Lavelii,
George H. Haynes, Bartley Havican, George Solberg,
Charles L. Chamberlain, Low Chamberlain, Phillip Gil'_ingham,
Clement W. D. & Cecelia A. Geary, Ada V. & Ernest B.
Norman, James D. & Annie L. Donovan, Jos ph P. Havican,
Charles J. & Helen M. Nelson, Lillian Culver, Parker,
Norman D. & Amy J. MacIntyre, Frank A.-& Helen F. Faulkner,
Eva Hrones, Sabatino & Anna Iodice, Walter E. & Catherine M.
Jones, Frederick J. Mahoney c/o Michael Mahoney, Georgianna
Sullivan, Far7re11 E. & Annie L. Thayer, Wilbert & Vera M.
Sanford, Harry W. & Mattie M. Eastman, Pietro lysine,
Warren S. Griswold, Geovani Gardini, Ettore Fotini, Edward J.
& Electa 0. Fairbain, Mario J. & Angela 11. Grovo, Bessie A.
Dickey, Charles & Emerson Ernst, Ada E. Berg, Victor E.
Erickson, Patrick J. Sullivan, Metropolitan Trust Co.,
Trustee, Lexington Sand & Gravel Co., Frank & Kazimira Statsky,
Mary DeVitto, Alphonsus T. Bellefontaine, Ramano Bellengi,
Edward & Marie Bernasconi, Mary Castellucci, Anna E. Peterson,
Loie Dillou, Michael E. Dillow, Michael J. Evans, Martin J.
Howard, Mary T. Mahoney, John M. Roma, Alfred & rlorence
Russell, Michael J. iynneHarold G. Wright, Philip J. & Rose
J. Lynch, Elias L. & Minnie Grimes, Katherine Gormley,
William J. & Maria J. Wright, Evelyn M. Maxwell, Elizabeth
Daigle, Margaret T. Dahl, Leslie L. Currie,_Domenico &
Adelina Iovino, Noble C. Wentzell, Gabriel & Panfilia Brucchi,
Onel & Mary DeFelice, Rose Delfino, Catherine C. Hinchey,
John T. Hinchey, Bartholomina Rice, Henry J. Vood et al,
Lexington Burial Park Association, Home Guardian Co., Sadie
Kostick, Neil McIntosh, Heirs of Patrick Ryan, c/o Joseph P.
Ryan, Lexington Cemetery Commissioners, Edward Vood, Chairman,
and also published in the Lexington Times -Minute Man on
December 12, 1934 a notice of which the following is a true
copy.
Roland W. Baldrey,
Clerk, Board of Appeals.
Lexington, Mass.
November 3, 1930.
To the Board of Appeals
Arthur N. Maddison, Chairman
Gentlemen:
We hereby request a hearing that we may present
evidence relative to a Cemetery in the Town of Lexington.
1r.:0
The property we are interested in is described
as follows:
Beginning at a point of the Lexington and
Bedford Town line. Running northeasterly along the
Bedford line 1440 feet more or less, thence turning
and running southeasterly 680 feet more or less, thence.
turning and running southwesterly 1040 feet more or
less, thence turning and running northwesterly along
Bedford Street sone times known as Main Street 160
feet more or less. Containing about 12 acres more
or less.
This request is in accordance with Section 9
of the R.1 district Zoning Law.
Yours very truly,
Lexington Burial Park Association
Lexington, lass., P. 0. Box 165
NOT I C E
Lexington, Mass., Dec. 8, 1930.
The Board of Appeals will hold a hearing on
the matter of varying the application of the Zoning
Law by permitting the use of the property containing
twelve acres of land and located on Bedford Street,
being known as the Lexington Park property, applied
for by the Lexington Burial Park Association, under
Section 9 B of the Lexington Zoning By-law and in
accordance with Chapter 133 of the Acts of 1924 for
a Public Cemetery on the said premises.
The hearing will be held on December 30, 1930
at the Selectments Room, Town Office Building at
8 P.M.
Arthur N. Maddison
Chairman, Board of Appeals.
On the application of Mary A. Whelan of 258 Bedford
Street for permission to have a tea room and tourist
accommodations at that address, the Board decided to
notify the abuttors within one-eighth of a mile back
on each side of Bedford Street for a distance of one-
quarter of a mile each way from the premises for which
application was made.
The meeting dissolved at 9:45 P.M.
A true record, Attest:
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