HomeMy WebLinkAbout1934-11-06BOARD OF APPEALS MEETING
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NOVEMBER 6th, 1934.
A meeting of the Board of Appeals was held at the
Town Office Building on November 6th at 8 P. M. Messrs.
Maddison., Ferguson, Hatch and Glynn were present.
The minutes of the hearing of November 2nd were read
and approved.
The application of Bertha 11. Garfield for permission
to maintain an antique shop and sign at 259 Bedford Street
was considered. It was unanimously voted (Mr�. Robbins
abwent asking to be recorded in favor), that the petition
be granted in the foll6wing 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 Bertha M. Garfield, 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 second day of November,
1934.
A majority of the members of the Board of Apl)eals 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 she intended to
purchase the house at 259 Bedford Street for a home for
herself and family provided she could sell antiques;
that she would not have any display on the grounds with the
exception of a spinning wheel and a sign; that she desired
to have the barn opened for display and sales, and that she
had ample parking space for automobiles on the premises.
No persons appeared in opposition.
At a meeting of the Board in private session November 6,
1934, the Board 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.
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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 esperiallp affecting
the said parcel but not affecting generally the zoning
district in which it located, a literal enforcement�f
the provisions of the Lexington Zoning By-law as tot e
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 one year from
November 6, 1934, the sale of antiques in house and barn
on premises at 259 Bedford Street provided Bertha M.
Garfield remains the tenant or occupant of said house; that
a -sign not exceeding six square feet in area advertising
the,aale of antiques be permitted subject to the approval
of the Building Inspector; and that no articles for sale or -
exhibition are to be displayed outside of the house and
that ample parking space for automobiles will be provided
on the property so that traffic in the street will not be
interfered with. ,
The Board hereby makes a detailed record of all its
proceedings relative to such petition and hereby sets
forth that the reasohs 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 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, Sec. 27)
Arthur N. Maddison
C. Edward Glynn
Charles E. Ferguson
Howard W. Robbins
George C. Hatch, Jr.
1, 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
certificate of mailing on the 23rd day of October, 1934 '
to Ethelinda Morrill, Laura L. Loring, Ervin R. Dix et al
Trs., Waverley Co-operative Bank, James H. Reid, James J.
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Toner, Frances L. Traver, Hallie C. Blake, Theodore A.
Custance, Leonard M. Kieley, Lexington Trust Company,
Alan Mortgage Co., Ernest V. LaRose, Sadie F. Currier,
Thomas J. & Catherine M. Dickson, Mildred L. Morrill,
Kathryn & Morris, John D. & Jessie F. Polley, Andrew Rennie,
Tr. James & Elizabeth fid. Smith, Charles A. and Alice M.
Stone, Anna L. Culbertson, Maude L. & Walter F. Cove, Bertha
M. Bradbury, David J. Harrigan, Alfred W. & Hazel D. Nelson,
Neil McIntosh, Virginia R. Eaton, Ellen G. OtDonnell, Edmund
D. and Mona H. Ayres, Herbert F. bhannon, Eugene E. Loupret,
Lexington Co-operative Bank, Eliot F. Kendall, Frank Johnson,
et al, Frank J. Longleway, George V. and Gertrude W. Benoit,
Alethea B. woodman, Robert D. & Libbie D. Clarke, Ethel F.
Bean, Grace M. Smith, Eugene A Agnes M. Commons, Florence
V. Scipione, G. 0. Anderson & Sons Inc., Batholomina Rice,
Henry J. Woodetal, Dora E. Parson, Catherine G. Montana,
Eleanor.McCarthy, Carl W. Schaub, Mary E. Shea, Charles
M. Williams.. Palmyra -P. Cabeceiras, 'Helen Alger, George W.
Bean, Samuel Burgoyne, J. Newton Frost, Trustee, Home
Guardian Co., Henry Gersony, Agnes Flynn, Louise G. Bean &
George S. Teague, Eugene B. Hamilton, Tr, Bertha M.
Garfield, and also advertised in the Lexington Minute -Man -
on October 18th, 1934, a notice of which the following is
a true copy.
Howard W. Robbins,
Clerk, Board of Appeals.
October 17, 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 9 of the
Lexington Zoning By-law with respect to the premises at
No 259_Bedford Street owned by Neil McIntosh of Lexington
by permitting the following: An antique shop and sign.
(Mrs. G.W.) Bertha M. Garfield (Sig.)
405 Main Street (Address)
West Concord, Mass.
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N 0 T I C E
Lexington, Mass.
October 17, 1934.
The Board of -Appeals will hold a hearing on the
matter of varying the application of the Zoning Law by per-
mitting on the premises owned by Heil McIntosh of Lexington
and located at 259 Bedford Street, Lexington, an antique
shop and sign, under the Lexington Zoning Law or in
accordance with Chapter 40, Section 27A of the General
Laws and amendments.
The hearing will be held at the Selectmen's Room,
Town Office Building on November 2, 1934 at 8:00 P. M.
Arthur V. Maddison,
Chairman, Board of Appeals.
The meeting adjourned at 8:30 P. M.
A true record, Attest:
C erk ,
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