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HomeMy WebLinkAbout1934-03-02I BOARD OF--APPEALS-MEETING ' MARCH 2nd, 1934. A meeting of the Board of Appeals was held at the Select- men's Room, Town Office Building, at 8 o'clock P.M. Messrs. Maddison, Glynn, Baldrey, Ferguson and Robbins were present. The Secretary was also present. The Chairman reported that he had taken up with the Town Counsel the form used by the Board in allowing or denying applications for appeals, and it was voted that the changes suggested in paragraph four be made in future forms. Hearing was advertised on the application of Ralph H. Wells to maintain a physician's office at 1430 Mass. Avenue to be held at 8 o'clock. Dr. Wells not being present at that time, it was decided to call the hearing of Robbins and Smith for permission to maintain a sign on the property owned by Robbins and Smith located on Mass. Avenue between numbers 981 to 1003. Hearing was called at 8:15 P. -A. and the Clerk of the Board read the notice of the hearing published in the Lexington Minute -Man on February 15th. Mr. James R. Smith appeared at the hearing representing Robbins and Smith and stated that Mr. Robbins was in Florida and requested him to take care of the matter. He stated that they were desirous of maintaining the sign and that they find that it is absolutely necessary to have the sign. It would be impossible to get the people in there to pur- chase land unless they have some sort of a sign. They were willing to cooperate with the Town as to the size of the sign if there is any criticism of the present sign and they would be glad to do anything within reason that the Board desired. They owned the property on the Avenue and it did not seem that any other property was affected by the sign, and the sign directs the public to the development on the other side of Mass. Avenue in the Locust Avenue section. Mr. Maddison explained that he did not know just how the Board would be able to grant relief under the Zoning Law inasmuch as Section 5 of R.l Districts states that "Real estate signs of not over six square feet in area advertising the sale or rental of only the premises on which they are located, and bulletin boards, and/or signs accessory to uses specified in paragraphs 3, 4 and 6 under R.1 districts; but in single sub -divisions large signs may be erected but subject to the provisions of Section 9." The question arose therefore how this sign could advertise the property at the Locust Avenue -section when it was not part of the development it advertised. Mr. Smith stated that they intended to develop the property on Mass. Avenue and that the same was for sale, but that they had not made a layout there owing to the fact that they felt they should get rid of some of the other property first. They own no other land beside this plot on the southerly side of Mass. Avenue. 10 � After discussing the matter in private session, it was voted that a permit be granted to Robbins and Smith for a period of two years for the continuance of the sign ' in question subject to its being reworded so that it will advertise only the sub -division upon which it is located and that it be not allowed to fall into disrepair, all of the members of the Board voting in favor of the permit in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Robbins & Smith 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 Toren. Office Building on the 2nd day of March, 1934. All of the 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 had maintained a sign on their premises on Massachusetts Avenue, 981 to 1003, advertising their development on Locust Avenue, for which permit had never been granted, and they desired to continue , the maintenance of this sign in order to advertise their development. No one appeared in opposition. At the close of the hearing the Board in private session 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 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 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 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 unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to ' permit for a period of two years the continuance of the sign in question subject to its being reworded so that it will advertise only the sub -division upon which it is located and that it be not allowed to fall into di$repair.. 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 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 this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch.40, See.27) A. N. Maddison Charles E. Ferguson Howard W. Robbins Roland W.•Baldrey C. Edward Glynn I Howard W. Robbins, Clerk of the Board of Appeals of ' Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by postage prepaid mail on the 13th day of February, 1934 to Edward W. & Esther S. ` Baker, Florence M. Daniels, Charles H. Lowe, John M. & Bridget M. Cotter, Aleah E. Canessa, Esther B. Lee, Richard E. & Jessie W. Trusdell, Gertrude Pierce et al, Stephen Broughall, Katherine A. Russell, Morse L. Walker, Anna L. O'Hearn, George Sweetland, Johanna Kennedy, Wiliiam N. Robbins and James R. Smith, Edward F. Buttrick, Alice S. Kennedy, Tr. William F'. Fletcher, Nelson N. Jenny, Joseph Trani, Louis J. Reynolds, Emily A. Pierce, James A. and Martha Holt, Roland W. & Edna Baldrey, Francis D. & nary E. Tracey, Jane P. Knight, and also advertised in the Lexington Minute -Man on February 15, 1934, a notice of which the following is a true copy. Howard N. Robbins, Clerk, Board of Appeals. February 9, 1934. 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 5 R.l District and Section 9 12 of the Lexington Zoning By-law with respect to the premises at 977 to 1004 Mass. Avenue owned by Robbins and Smith of Lexington, Mass., by permitting the following: to maintain sign approximate-l'y thirty square feet now on the property. Robbins and Smith, by James R. Smith, Treas. 154 Highland Avenue Arlington, Mass. N 0 T I C E Lexington, Mass. Feb. lf;, 1934. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises awnecd by Robbins and Smith at 977 to 1004 Mass. Avenue, the maintenance of the present sign now located on the property approximately thirty square .feet in area, under the Lexington Zoning By-law or in accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held on March 2nd, 1934, at 8:15 P.M. at the Selectmen's Office, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. 'Dr. Ralph H. Wells having arrived at 8:30, it was decided to call his hearing at that time. The Clerk, Mr. Robbins, read the notice of the hearing as published in the Lexington Minute -Man. Dr. Wells stated that he did not understand why it was necessary for him to apply for a physician's office, but he was.told by the Building Inspector that he could not maintain an office in his home and that he must apply for a hearing.. He therefore made out application and paid the fee of $5. and he supposed that it was so that he could officially maintain his physician's office in his home. Dr. James J. Walsh was present and stated that he was in favor of the application and he also desired to be recorded in favor of the other applications upon which hearings were to be held this evening. He further stated that he was the one.who offered the amendment to the Zoning Law at the Town Meeting, allowing physician's offices to be established in residence zones and he stated that if this was not done, a physician could not open up an office in Lexington without being in the business zone. However, he stated that there had been a decision of the Supreme Court of Mass. whereby a physician was allowed to maintain his office in his house regardless of the provisions of the Town Zoning Law, a physician's office being considered professional rather than business. He was unable to give the reference to the 1 decision, but he stated that Attorney Francis Burke had the reference* No other persons appeared at the hearing in favor or in opposition. 11 The Board, in private session, voted that the petition of Dr. Ralph H. Wells be granted, together with the right to maintain the existing sign on the premises in the folloving form so long as he shall maintain his office on the premises, all members of the Board being recorded in favor of granting the permit: PERMIT The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Ralph H. Wells, M. D. 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 2nd day of Marsh 1934 at 8:00 o'clock P.M. All of the members of the Board of 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 March 2, 1934 gave consideration to the subject of the petition and 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. 1 The Board therefore determines that the application of section 6 (b) R.l Districts of the Lexington Zoning By-law permits the use of the premises described in the petition, subject to the following conditions, and instructs the Inspector of Buildings of Lexington to grant a permit therefor, to coninue so long as the petitioner shall maintain his office as a physician at 1430 Massachusetts Avenue, Lexington. The Board therefor. -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. A. N. Maddison C. Edward Glynn Howard W. Robbins Charles E. Ferguson Roland W. Baldrey Board of Appeals of Lexington. 13' 14 I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General -Laws, Chapter 40, Section 275 hereby certify that I sent by postage prepaid mail on the 6th day of February, 1934, to Ethel E. Cole, Marion A. ' Kimball, Fannie B. Love, Geo. H. B. and Hazel N. Green, Annie F. Shepard, Arthur H. McLearn, Thomas & Mary T. Koines, Viola G. Bragg, Anne L. Forsythe, Bertha V. Hayward, Edith H. Wells and Ralph H. Wells., .D., Celina V. Walsh, Maria L. Bonney, Lewis F. & Sarah R. Willard, Robert H. Moore, Thomas S. Keegan, Harry L. Fuller, Anstiss S. Hunt, at als, Warren E. Russell, James J. and Lucy D. Walsh, Annie E. and James Phillips, Mabelle C. Tower, Belle M. Whittaker, Donald Wilson, et als, Thomas S. Grindle, Helen J. Fox, Louise n. Brown, Florence M. Barton, Helen A. and Robert R. Barrington, Susan L. Ball and also advertised in the Lexington dinute-Man on February 8, 1934, a notice of which the follow- ing is a true copy. Howard W. Robbins Clerk, Board of Appeals. February 5, 1934. 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, Bection 27, to vary the application of section 6 (b) of the Lexington Zoning By-law with respect to the premises at No. 1430 Mass. Avenue owned by Edith H. Wells of Lexington by permitting the following: Physicians office and electric sign. Ralph H. Wells, MD. 1430 Mass. Ave. Lexington. N 0 T I C E Lexington, Mass. February 6th, 1934. 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 Edith H. Wells of Lexington, located at 1430 Mass. Avenue, a physician's office and ' electric sign in connection therewith, under the Lexington ro t7l cz Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held on March 2nd, 1934, at 8 at the Selectmen's Office, Town Office Building, Lexington, Mass. Arthur N. Maddison; Chairman, Board of Appeals. Hearing was declared open on the application of Dr. C. R. Hardcastle to maintain a physician's office at 57 Waltham Street. The Clerk read the notice of the hearing published in the Lexington Minute -Man. Dr. Hardcastle and Walter G. Black, owner of the property, appeared. Dr. Hardcastle stated that he had nothing further to say other than the application stated that he desired to maintain his office. No persons appeared against thepetition, and in private session, it was voted that the petition of Dr. C. R. Hard - castle be granted in the following form so long as Pie shall maintain his office on the property, all of the members of the Board being recorded in favor of granting the permit: PERMIT. The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by C. R. Hardcastle, M. D., 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 2nd day of March, 1934, at 8:30 o'clock P.M. All of the members of the Board of 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 me=ting held March 2, 1934 gave consideration to the subject of the petition and the Board voted that in its judgment the public convenienee 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 6 (b) R.l. Districts of the Lexington Zoning By-law permits the use of the premises described in the petition, subject to the following conditions, and instructs the Inspector of Buildings of Lexington to grant a permit therefor, to continue so long as the petitioner shall, maintain his office as a physician at 57 Waltham St., Lexington. 16 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. A. N. Maddison ' C. Edward Glynn Charles E. Ferguson Howard W. Robbins Roland N. Baldrey BOARD OF APPEALS OF LEXINGTON. I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by postage prepaid mail on the 6th day of February, 1934, to Alice M. Ross, Walter G. Black, Stella M. & Frank P. Herrick, Elizabeth F. McIntosh, Anna N. Lane, Mary S. H. Ellis, Mildred Beatty, Charles D. Wiswell, Tr., Florence A. Gilcreast, Albert A. Ross, George H. & Emma A. Gibson, Clarrie H. Mulliken, William E. Mulliken, John E. A. Mulliken, Robert L. & Charles W. Ryder, C. R. Hardcastle, M.D., and also advertised in the Lexington Minute -Man on February 8, 1934, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. Feb. 6, 1934. ' Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Lawn, Chapter 401, Section 27, to vary the application of Section 6 (b) R.l Districts of the Lexington Zoning By-lavy with respect to. the premises at No. 57 Waltham Street owned by Walter Black of Lexington by pe7-mitting the following: Physicians office. C. A. Hardcastle, M. D. 57 Waltham Street N O T I C E Lexington, Mass. ' February 6th, 1934. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting 17 on the premises owned by Walter G. Black of Lexington, located at 57 Waltham Street, a physician's office to be maintained by Dr. C. Reginald Hardcastle, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held on March 2nd, 1934, at 8:30 P.M. at the Selectmen's Offied, Town Office Building, Lexington, Plass. Arthur N. Maddison, Chairman, Board of Appeals. At 9 P.M. hearing was declared open on the application of Dr. Ivan G. Pyle for permission to maintain a physician's office at 11 Muzzey Street. The Clerk read the notice of the hearing as published in the Lexington Minute -:clan. Dr. Pyle stated that he had nothing further to state other than'what was in the petition, and Mrs. Mary E. Osgood was present and presented a letter signed by idrs. Mary E. Rose and Mrs. Mary E. Osgood in which they stated that they were in favor of Dr. Pyle maintaining his office at this location. No persons appeared in opposition, and the hearing was declared closed. In private session, the Board voted to grant the petition of Dr. Ivan G. Pyle in the following form so long as he shall maintain his office on the property, all the members of the ' Board being recorded in favor of granting the permit: - PERMIT. The Board of Appeals acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Ivan G. Pyle, M. D., 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 2nd day of March 1934 at 9:00 o'clock P.M. All of the members of the Board of 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 March 2, 1934 gave consideration to the subject of the petition and 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. 18 ,1 The Board therefore determines that the application K; of section.6 (b) R.1 Districts of the Lexington Zoning By-law permits the use of the premises described in the ' petition, subject to the following conditions, and instructs the Inspector of Buildings of Lexington to grant a permit therefor, to continue so long as the petitioner shall maintain his office as a physician at 11 Muzzey Street, Lexington. 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. A. N. Maddison Roland W. Baldrey C. Edward Glynn Howard W. Robbins Charles E. Fergusoh BOARD OF APPEALS OF LEXINGTON. I, Howard VV. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certXfy,that I sent by postage prepaid mail on the 8th day of February, 1934, to Hallie C. B1ake,.Byron C. and R. Estell Earle, nary E. Rose, James J. & Florence C. Carroll, Bridget Leary, Patrick F. Dacey, George J. ' Bailey, et al, Josephine N. Partridge, Bion C. & Florence K. Merry, Edward H. Mara, Rose S. Wright, Herbert�M. and Florence E. Lawrence, Oriska Realty Corp., William E. Denham, New England Tel. & Tel. Co., Felix Viano, Olive C. Myers, and Ivan G. Pyle, M. D., and also advertised in the Lexington Minute -Man on February 8, 1934, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. February 7, 1934. 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:(b) R.1 Districts of the Lexington Zoning By-law with respect to the premises ' at No. 11 Muzzey Street owned by Olive C. Myers of Boston by permitting the following: Physicians Office. Ivan G. Pyle, M. D. 11 Muzzey Street 1 1 1 N 0 T I C E Lexington, Buss. Feb. 7th, 1934. 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 Olive C. Myers of Boston and located at 11 Muzzey Street, Lexington, a physician's office to be maintained by Dr. I. -an G. Pyle, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held on March 2nd, 1934, at 9 P.M. at the Selectmen's Office, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The Chairman called attention to the fact that Dr. N. Ellard of 1355 Mass. Avenue was maintaining a dentists office in his home_ and was notified by the Building Inspector that he could not maintain an office in a residence district. The Zoning Law, while it mentions physiciants offices, makes no mention of dentists offices and according to the opinion of the Town Counsel the Board of Appeals could not grant a right to Dr. Ellard to maintdin his office in a residence distaict. It was therefore voted to return to him his fee of $5. paid for his application for permission for a dentists office, and from information obtained from the Building Inspector, Cdr. Ellard has removed his sign advertising his dentists office. The meeting adjourned at 9:56 P.M. A true record, Attest: C llerk .