Loading...
HomeMy WebLinkAbout1931-07-17BOARD OF APPEALS MEETING JULY 17, 1931. A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building, at 8 P.M. Messrs. Glynn, Custance, Baldrey and Slocum were present. The Secretary was also present. Mr. C. E. Glynn acted as Chairman of the meeting in the absence of Chairman A. N. Maddison. Notice of the hearing on the application of W.' John Baskin, 27 Adams Street, for permission to erect a greenhouse was read by the Clerk. Mr. Baskin stated that he intended to erect this greenhouse on East Street opposite Mr. Burnham's place. It would be 40 feet back from the road, the size of the building to be 300 feet by 45 feet. Mr. Baskin stated that he came to get a permit from Mr. Longbottom and aaid he had started the building at the time inasmuch as he had built two other green- houses previously and did not have to have a hearing. He expected to have the same procedure in this instance. He stated that he intended to raise vegetables in this greenhouse which was to be heated by steam heat with a boiler plant at the further end of the building about 400 feet from the road. He stated that intended to erect additional greenhouses as necessary. He stated that Mr. Tibbetts had granted him a permit to build last year without any hearing before the Board of Appeals. Mr. Albert H.Burnham who was present, stated that he had no objection to the greenhouse being built, but he did object to the Board of Appeals holding this hearing inasmuch ashe felt that they had no authority to hold•; hearing. He stated he received notice by register d mail, and at the same time, he saw the roof being put on the greenhouse. He called attention to Page 7 of R.1 Districts of the Zoning Laws which allows "farms and customary uses thereto only and truck gardens." He felt that a greenhouse was a customary use to a farm inasmuch as they need greenhouses and plant houses to push the plants along for the farm. He has one on his own farm and he did not believe it was necessary for him to apply for a hearing if he desires to build another one. He felt that the intention of the Zoning Law was where a person desires to purchase land in a residential district and build a greenhouse there just to raise the plants and sell them on a small piece of land that could not be tilled as a farm. He felt that the Board of Appeals should obtain an opinion on this from the Town Counsel. He felt a condition as stated by him was what was referred to under section 6a in R.1 Districts which requires s. hbaring before the Board of Appeals. Hearing was declared closed, and after consideration of the matter, the Board of Appeals felt that they did have jurisdiction on the matter of passing upon this application and therefor voted to pass the following order granting Mr. W. John Baskin permission to erect a greenhouse: The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by W. John Baskin, 27 Adams Street, 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 -Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on Friday, the 17th day of July, 1931 at eight o'clock P.M. A majority of the members of the Board 6f Appeals were present at the hearing. After hearing the evidence offered by the petitioner and such other evidence as was offered, the Board in private session at a meeting held July 17, 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 neighborhood. The Board therefore determines that the application: of section 9 of the Lexington Zoning By-law perfilts the use of the premises described in the petition for the erection and maintenance of a greenhouse, and that the location of said greenhouse shall be on the owner property on East Street approximately opposibetthe residence of Albert H.Burnham, and instructs the Inspector of Buildings of Lexington to grant a permit therefor. The Board therefore 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 W. Baldrey C. Edward Glynn Curlys L. Slocum Theodore A. Custance I, Roland W. Baldrey, Clerk of the Board Lexington, appainted under General Laws, Chapter hereby certify that I sent by registered mail on day of June, 1931 to Mabel G. Coleman, Albert H. BOARD OF APPEALS OF LEXINGTON. of Appeals of 40, section 27, the 26th Burnham, 1,7 I QS Porter Bros. and Wilson, William E. Fiske, Arthur I. Fiske, heirs of, W. John Baskin and also published in the Lexington Times -Minute Man on July 3, 1931, a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. June 26, 1931. Lexington Board of Zoning Appeals Town Office Building Lexington Massachusetts Gentlemen The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to determine the application of Section 9 of the Lexington Zoning By-law with respect to the premises at No. 27 Adams Street, owned by W. John Baskin of Lexington by permitting the following:: A greenhouse. W. John Baskin 27 Adams Street, Lexington, Mass. N O T ICE ' 1 Lexington Board of Zoning Appeals. 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 Building on Friday the 17th day of July, 1931, at eight o'clock P.M. on the petition of W. John Baskin of 27 Adams Street, that the Board determine the application of section 6 (a) of R.1 Districts and Section 9 of the Lexington Zoning By-law in accordance with the authority therein contained by permitting a greenhouse to be constructed on the premises at 27 Adams Street, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The meeting adjourned at 9:25 P.M. A true record, Attests 1 1 BOARD OF A'PEALS MFP.TTNG. SEPT. 10, 1931. All of the members of the Board of Appeals were present. Letter was received from Town Counsel, S. R. Wrightington, passing upon the matter referred to him as to whether or not when a greenhouse is built on a farm there is need for the Board of Appeals to pass upon the matter. When the hearing was held on the application of Mr. John Baskin, Mr. Burnham stated that he felt that the intention of the Zoning Law referred to greenhouses being built on a small plot of land in an R. 1 District, and that a greenhouse was an accessory use tai' a farm. Mr. Wrightington's letter is as follows: August 3, 1931. Mrs. Helen C. Whittemore Clerk of Board of Appeals Town Office Building Lexington, Mass. Dear Mrs.•Whittemore: 139 I have your letter of. July 18 calling my attention to an apparent ambiguity in the Zoning Law with respect to greenhouses. If the Board of Appeals concludes that a greenhouse is a customary use accessory to a farm, I think that such a greenhouse can be erected by a farmer after obtaining._ a suitable building permit without applying to the Board of Appeals under sec. 4, sub -sec. 6 (a). I believe that the word "greenhouse" in the latter sec- tion refers to a greenhouse on a relatively small lot of land and not on what would commonly be described as a farm. Yours sincerely, (Signed) S. R. Wrightington. Town Counsel. The Board discussed the matter and decided in regard to the letter of Mr. Wrightington datedAugust 3rd regarding the working of the Zoning Law in reference to greenhouses, that it it is the sentiment of the Board for the present, at least, to act on any petitions for greenhouses in R. 1 and R. 2 districts. The question as to whether or not the Board of Appeals' will hold hearings on applications for increasing capacity or apparatus for gasoline filling stations was discussed, and It was the feeling of the Board that they should hold such hearings. The dlerk read the notice of the hearing on the application of Finlay Mclsaac for permission to re -divide three lots with a combined frontage of ninety (90) feet into two lots with a frontage of forty-five (45) feet each. 110 These lots numbered 28,29, and 30 are located on Charles The Building Inspector refused his application, and he, therefore, aopealed from this decision to the Board of Appeals. Mr. Mclsaac presented the plan of his lots OhOwtlig one lot where his house now stands, on lot #28. Mr. Mclsaac explained that he purchased the lots shown on the plan seven- teen or eighteen years ago. He wanted to build a house on the remaining; land. The lots are ninety (90) feet deep. Mr. Mclsaac stated that the house where he lives is quite near the street. He also called attention to the fact that the land slopes down in the back, and it would not be convenient to set a house back on the lot. Mr. Pasquale Luongo was present and stated that he owns some property on Charles St., and he was in favor of the permit being granted. He stated, therefore, that he lived far enough off se that whatever was done would not affect him anyway. No persons appeared to oppose the application. Mr. Mclsaac stated that he desired to build a house that would sell probably for $5000. Mr. Custance stated that Charles St. was forty (40) feet wide. The Board viewed the sketch plan presented by Mr. Mclsaac, and decided that they would like to look the situation over before making any decision. Mr. McNamara came before the Board together with Mr. P. J. Spencer, and Mr. Spencer explained that Mr. McNamara owned three and one-half acres of land on Valley Road, and on Bedford Street with a frontage o" three hundred feet, upon which he has greenhouses'. He desired to have a show room located on Bedford Street where he could sell the products of his green- houses. He Owns a forty (40) foot right of way which would give him a very good place to have cars drive in. The Board explained to Mr. McNamara that he would have to file an application to have a hearing before the Board of Appeals on this matter. St. The meeting adjourned at 9:40 P.M. A true record, Attest: