HomeMy WebLinkAbout1935-05-08163
BOARD OF APPEALS MING
' May ` 8, 1936.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 7:30 P. M. Chairman
Maddison, Messrs. Glynn, rerguson, Robbins, and Kimball!..were
present. The ''ecretary,was also present.
Mr. Glynn moved that Mr. Arthur N. Maddison be elected
Chairman of the Board. Mr. Ferguson seconded the motion and
it was so voted.
Mr. Glynn moved that Mr. Howard 1�. Robbins be elected
Clerk of the board. Mr. Ferguson seconded the motion and it
was so voted.
At 7:30 P. M. hearing was declared open on the application
of Guiseppe Cacciola for permission to maintain a roadside
stand for the sale of produce grown on the property at 708
Marrett Road.
The notice of the hearing was read by the Clerk.
Mr. Cacciola appeared in favor of the petition. The
Qhairman asked him where the property was in connection with
'the Martin farm and he replied that it was just opposite. The
'
ffiairman asked him if he had ever raised vegetables there before
And he said that he.had not inasmuch as he had moved in early
last Fall. The `hairman asked him if he had ever had a road --
side ,stand before, and he replied that he had one in Concord.
The chairman asked him if he would raise his vegetables or buy
them, and he replied that he would raise all that he would sell.
The Chairman asked him if it was good tillable soil and if it
had been used fora garden before and he replied that it had
not been used for this purpose for a great many years. The
"hairman asked Cacciola what arrangements he had thought of
making with regard to the parking of cars. He replied that
there was ple}ity of space right in front of the house and on
both sides. The Chairman asked him how near the house was
from where he wanted to locate the stand, and he said that it
was forty or fifty feet. There is a driveway all around the house.
Mr. Ferguson asked how far back from Marrett hoed the
stand would be apd he was, advised that it would be thirty-five
or forty feet. 'here are twelve acres in the parcel.
Mr. Glynn asked Cacciola howl long the stand would be and
he replied that it would be eighteen or twenty feet long and
twelve feet wide, with a roof. He said that he wanted to build
a stand with a roof so that the vefetables could be put inside
at night or when it was raining* he roof would be of roofing
paper and the sides matched board or shingles all around. Where
would be a door in the center with a window on either side.
Mr. Ferguson asked him if he had a plan of the stand and he
informed him that he did not.
Mr. Kimball asked him if he was going to build it himself
and he replied in the affirmative.
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At 7:45 P. M. hearing was declared open on the applic&
tion of William J. dosgrove for permission to alter the house
at 30 Grove Street to.accomdate more than one family.
Mr. Cosgrove appeared. He stated that the application
was incorrect as the house had been a two family house for
45 years and his application was for permission to modernize
it. He purchased the house as a two family house in 1919.
In the Fall of 1924, the late Mrs. F. P. Simonds asked Mrs.
Cosgrove if she would let three rooms to a friend of hers,
which she -did and they were there part of 1924 and 1925. Since
that.time the Cosgroves have always used the house th elves.
Mr. 'Oosgrove wished to modernize the house now as higetting
married and he and his son are in business together. `there
will be only one boy left at home when this one gets married
and they will not need ten rooms. The present chimneys have
no flues and Mr. Cosgrove intends to take these down and to
put up a three flue chimney, put in a new carrying beam and
change the plumbing.
The Chairman asked if there were two kitchens in the
house in 1924 when the Zoning Law went into effect, and he ,
said that there were and that there still are two kitchens.
Two families could live in the house as it is now. The
The chairman asked him if the Board did not think it
proper to issue a permit for a building, if he would still want
a permit for a stand without a top or sides. He said that he
would not, that he would have to have a roof. He would put
the stand on cement posts. the Chairman told him that if a
permit were granted, it would be for one year only. Mr. Cacciola
said that he realized this.
No persons appeared in opposition.
The hearing was declared closed at 7:45 P. M.
The Chairman said that `i`oros Bashian called him and said
that Cacciola's soil was very poorandhe did not think that
he could raise vegetables and in the second place, he thought
that Cacciola would buy the vegetables rather than raise them
ss he had done this in Concord.
Mr. Ferguson thought that if the Board was going to grant
a permit for something as permanent as this stand, that Cacciola
should present a plan. However, he thought it would be foolish
to ask him to bring in a plan if the Board did not feel disposed
toward granting the application. He said that he would much
prefer to give him the right to sell from a temporary stand and
then if he was not all right, that he would not have as much
If an investment as if he had erected a permanent stand.
The Chairman instructed the Secretary to notify Mr. Cacciola
that the Board was undecided as to whether they would permit
the construction of a permanent building and that they would
'
like more information as to how he could arrange for parking
automobiles and the type of stand he was going to build, and
that the matter would be taken up again on May 22nd.
At 7:45 P. M. hearing was declared open on the applic&
tion of William J. dosgrove for permission to alter the house
at 30 Grove Street to.accomdate more than one family.
Mr. Cosgrove appeared. He stated that the application
was incorrect as the house had been a two family house for
45 years and his application was for permission to modernize
it. He purchased the house as a two family house in 1919.
In the Fall of 1924, the late Mrs. F. P. Simonds asked Mrs.
Cosgrove if she would let three rooms to a friend of hers,
which she -did and they were there part of 1924 and 1925. Since
that.time the Cosgroves have always used the house th elves.
Mr. 'Oosgrove wished to modernize the house now as higetting
married and he and his son are in business together. `there
will be only one boy left at home when this one gets married
and they will not need ten rooms. The present chimneys have
no flues and Mr. Cosgrove intends to take these down and to
put up a three flue chimney, put in a new carrying beam and
change the plumbing.
The Chairman asked if there were two kitchens in the
house in 1924 when the Zoning Law went into effect, and he ,
said that there were and that there still are two kitchens.
Two families could live in the house as it is now. The
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Chairman asked him if he would have only one front door and he
replied that he would, and only one heater. The Chairman asked
if there were any other two family houses in the vicinity, and
he said that there were not,
Mr, ulynn asked Mr. Cosgrove if the Board granted him a
permit to alter the house for his family's use if he would be
satisfied and he said that he would and that he would not want
strangers in the house. He could have rented the house before
but he did not.
The Chairman read a card received from Miss Willa Kilcup
stating that she had no objection to the granting of the permit.
No persons appeared in opposition.and the hearing was
declared closed at 8:00 P. M.
Mr. Glynn stated that Mr. Cosgrove talked to him about the
matter and he advised Mr. ''osgrove that he thought the case was
worth putting before the Board of Appeals. He thought it was
a question as to whether or not it would be worth while to grant
the permit with the provision that the house be occupied by
the present occupant and his son.
It was voted to grant 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 William J. Cosgrove, 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 appgear on the most
recent tax list and also advertised in the ear
Minute-Man,
a newspaper published in Lexington, which hearing was held in
the Jelectmen's xoom, in the Town Office Building on the 8th
day of May, 1936.
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 the house at 30 Grove Street was occupied by two
families prior to 1919, and there are still two kitchens in
the house; that the petitioner now desires to rent a portion
of the house to his son.
No persons appeared in opposition.
At the close of the hearing, the Board in private session
on May 8th, 1936, gavd consideration to the subject of the pe-
tition 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 re-
quested.
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.
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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 provi-
sions of the ''exington 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 the
occupancy of the house at 30 Orove Street by two families so
long as the petitioner or members of his family are the occu-
pants of the two tenements, with the understanding that n+e
alteration is to be made in the exterior of the house which
will make it appear to be a two family dwelling.
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 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, "ec. 27)
A. N, Maddison
C. Idward Glynn
Edward a Kimball
%Jharles E. Ferguson
Howard W. Robbins
I, Howard me 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 28th day of _April, 1936, ,to Irving F. &
Barbara Sherwood, Kenneth F. & Kathryn `'.Cia rke, Stanley E.
Cliff, Joseph L. Burr, John Be ailbur, Norman H. & Josephine
Royle, Am A. Currier and uaisy L. Hartwell, Adolphus C.
Sweezey, Torothy M. Hadley, "illiam A. & Agatha Johan,
Cil
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Owen McDevitt) et al, �'lla M. Kilcup, Sadie E. hover, Edwin
' B. Worthen & moa_L. Taylor, Trustees, Isabel F. Simonds, Charles
E. Ferguson, Bay 4tate Builders aupply Go., Margaret M. Pierce,
Helen E. Linegar & Margaret J. Preble, Domenico J. Allia,Wm.J.Cosgrove,
Lexington Trust Go., Ralph "W. & charlotte E. Rogers, yOilliam
E. A. & Gertrude M. Boulton, Peter J. & Margaret E. Kinneen,
and also advertised in the Lexington Minute -Man on April 23rd,
1936, a notice of which the following is a true copy.
Howard fib. nobbins
Clerk, board of ppe als .
April 22, 1936.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board
of-ppeals, appointed under General Laws, Chapter40, Section
27, to vary the application of section 9C of the Lexington
Zoning By -Law with respect to the premises at No. 30 Grove
Street, Lexington, owned by William J. Cosgrove of 30 Grove
Street, Lexington, by permitting the following: Alteration
of a one family house to accommodate more than one family.
William J. Cosgrove (Signature)
30 Grove Street, Lex.(Address).
N 0 T I C E
Lexington, Mass,
April 23, 1936.
The Board of Appeals will hold b, hearing on the matter
of varying the application of the Zoning Law by permitting on
the premises owned by William J. Cosgrove, and located at
30 Grove Street, Lexington, the alteration of a one family house
to accommodate more than one family, under the Lexington Zoning
Law or in accordance with Chapter 40, Section 27A of the
General Laws, and amendments.
The hearing will be held on May 6th, 1936 at 7:45 P. M.
in t he Selectmen's Room, Town Office Building, Lexington, Mass.
Arthur N. Maddison,
Chairman, Board of Appeals.
L
At 8 P. M. hearing was declared open on the application
of crank A. Napoli for permission to maintain a roadside stand
on Marrett "oad about 200 feet northwesterly from Middle Street
for the sale of products of his land only.
The notice of the hearing was read by the Clerk.
The application was for renewal of a permit granted
previously. The Chairman asked if there was any new reason
why the Board shouldrant the permit and Mr. Napoli,said
that there was not. The Chairman asked Mr. Napoli if he
was still raising all the products that he sold and he said
that he was. Mr. Napoli said that cars never parked on the
road and there was always plenty of room in his driveway.
No persons appeared in opposition, and the hearing was
declared closed and Mr. Napoli retired.
The Chairman read a letter which he had received from
Charles M. Blake who stated that he wished to be recorded
in opposition to the granting of the permit.
It was voted to grant 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 Frank A. Napoli, 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 ceppt oval tax list and also advertised in the:Lex-
irgton �$u4Y� %per published in Lexington, which hearing was
help in the Selectmen's Room, in the Town Office Building
on the 8th day of May, 1936.
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 he wished a permit for a -period oP
one year expiring May 8, 1937, to conduct a roadside stand
on property of Frank A. & Mary Napoli located on Marrett Road
and Middle Street. That there had been no changes made in
connection with the existing roadside stand and that there
had been no parking of automobiles on Marrett Road.
No evidence was offered in opposition.
At the close of the hearing the Board in private session
on May 8th, 1936 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 purposesrand intent of the regulm tions in the
Lexington Zoning By-law.
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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 provi-
sions 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 unani-
mously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit Frank A. Napoli to maintain a temporary roadside
stand on the Marrett Road front of land of Frank A. and Mary
Napoli located on Marrett Road and Middle Street for the pur-
pose 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 May 8, 1937.
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 hereinbe-
fore set forth and the testimony presented at the said hearing,
including that herein summarized, and directs that this Pecord
' 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)
A. N. Maddi®on
C. Edward Glynn
Edward W. Kimball
Charles E. Ferguson
Howard w. Robbins
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 certificate
of mailing on the 28th day of April, 1936, to Robert L.
Innis & Dougal McLennan, Edith C. -Smith, Robert H. Storey,
Charles M. Blake, Watertown Co-op. Bank, Joseph R. Lawson, Jr.,
Robert J. Fawcett, Forrest E. & Ethel D. Litchfield, Thomas
J. & Jennie Heaney, George R. Harlow, William E. & Edith W.
Sullivan, Joseph R. Martinage,'Charles N. & Mary A. Fittz,
Bohn Waugh, Highland Trust Co., Robert P. Trask, Russell S.
Bray, Richard Whittemore, Irene F. Webb, George W. & Helen B.
170
The undersigned hereby petition the Lexington Board
of Appeals, appointed under General Laws, �Ihapter 40, Section
27, to vary the application of section 9F of the Lexington
Zoning By-law with respect to the premises atMarrett Road
owned by Frank A. & Mary Napoli of 23 Middle 6treet by per-
mitting the following: Maintenance of present roadside stand
for sale of products of the land only.
Frank A. Napoli (Signature)
23 Middle Street (Address)
N 0 T I C E
Lexington, Mass.
April 21, 1936.
`j'he Board of ftppeals will hold a hearing on the matter '
of varying the application of the Zoning Law by permitting on
Sarano, Edgar F. Scheibe, Marie A. Miller, et al, Timothy
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Brosnan, Andrew 0. & Abbie L. Bickford, Arthur F. Colby,
Raymond C. Deal, William P. Tyler, Carl V. Olson Dolores
6harles "el
McInnis, John J. Scannell, Waltham Co-op. Bank, -
mar, Anna E. & Mary J. Marshall, Albina M. Marble, Catherine
F. Magurn, Eliza Lamont, Richard & Elects. M. Lamb, Alexander
Holmes, John P. & Martha A. Forman Saunderson H. Dunlop,
Laley,
Jane F. DeLesdernier, Kathleen M. Katherine E. Crosby,
Charles W. & Robert L. Ryder, Trs., Charles 0. & Annie H.
Cheney, Robert 4. & Pauline F. Cobham, Margaret M. Merrick,
Roy R. Rice, Anna K. Smith, Samuel,'�. & Melena M. Barker,
Bertha `�. Carson, Marie L. Baker, `'dwin A & Mabel B. Wescott,
Althea L. smith, Jeremiah J. xiordan, Lexington savings Bank,
Neil McIntosh, Lee "andall, Maude M. Kelly, Anna R. Kussian,
Helen L. Vose .6rnest P, Crozier, Harriet F. Crozier, Margaret
Crocker kaymond Anna White, E.
R. L. & L. Johann C. &
A.
Christine Gramstorff, Patrick & Helen K. Mackino, Raymond
E. MacInnis, Pasquale Panetta, Mary B. Thurlow, William R.
Vose, Harriet L. Jenks, Edwin H. & Mary E. Halvorsen, and
Frank A. Napoli, and also advertised in the Lexington Minute
Man on April 23rd, 1936, a notice of which the following is
a true copy.
HOWARD W. ROBBINS
lerk, oard of Appeals.
'
April 16, 1936.
Lexin�ton Board of Zoning "ppeals
own Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board
of Appeals, appointed under General Laws, �Ihapter 40, Section
27, to vary the application of section 9F of the Lexington
Zoning By-law with respect to the premises atMarrett Road
owned by Frank A. & Mary Napoli of 23 Middle 6treet by per-
mitting the following: Maintenance of present roadside stand
for sale of products of the land only.
Frank A. Napoli (Signature)
23 Middle Street (Address)
N 0 T I C E
Lexington, Mass.
April 21, 1936.
`j'he Board of ftppeals will hold a hearing on the matter '
of varying the application of the Zoning Law by permitting on
171'
theremisef owned by crank A. & Mary Napoli, and located
at Marrett oad about two hundred feet northwesterly from
' the corner of Middle 5treet,,Lexington, a roadside stand
to sell produce grown on the property, under the Lexington
Zoning Law or in accordance with �'hapter 40, Section 27A
of the General Laws, and amendments,
the hearing will be held on May 8th, 1936, at 8:00
P. M. in the selectmen's Room, Town Office Building, Lexing-
ton, Mass.
Arthur N. Maddison
Chairman, Board of Appeals.
At 8:15 P. M,, hearing was declared open on the appli-
cation of Robert 1'. & Gordon P. Merriam for permission to
lease the building at 7 Oakland Street a printing and
publishing business. &'A"
Messrs. " . J. Rmery, Fletcher 'raft, Calvin 41. "hilds,
Alan Adams, James H. Lewis, D. J. O'Connell and Robert Co
Merriam appeared before the Board.
`jhe notice of the hearing was read by the Clerk.
Mr. Merriam stated that the hearing had been called at
his request to obtain permission, if possible, to lease the
factory building to the Lexington Townsman, Inc. for the
purpose of running a printing and publishing business. This
building was built in 1871 or 1872 at a time when there was
' no other building of any kind on Oakland Jtreet. Since the
residences have been built, Mr. Merriam's grandfather, his
father, and he himself have always endeavored to keep the
grounds and building in good shape. The manufacture of shoe
findings which had been carried on there was classed as light
manufacturing operation and the business that is being con-
templated'for the building now is a local business and is
also classed as light manufacturing. He thought the print -
Ing and publIshing business would be no more objectionable
than the manufacture of shoe findings. Mr. 'dams, the owner
of the paper, is a resident of the town and Mr. Merriam
thought that he surely would appreciate the desirability of
keeping the premises in good condition, and he hoped that
the Board would act favorably on the petition.
'he Chairman asked if he was correct in his understand-
ing that Mr. Merriam would be satisfied if the Board could
see its way clear to grant the permission so long as the
Lexington Townsman, Inc. was the occupant of the building.
The Lexington townsman, Inc. is leasing the building for a
period of three years. Mr. Merriam said that he would be
satisfied if this decision was limited to the Townsman with
the understanding that at the end of the three year period,
he could have another hearing if he had a chance to rent the
building.
Mr. Glynn asked Mr. Merriam if he contemplated making
' any changed in the outside of the building and he replied in
the negative. He then asked if the publishing business would
occupy the whole structure and Mr. "dams stated that there
would be some waste room but that they hoped to use it later
on. Mr. Glynn asked how much noise there might be from the
172
presses. Mr. Adams stated that it was not a heavy noise
and the only thing that made noise was the large press that
prints the paper. the noise does not carry outside.
Mr. Merriam stated that he did not think that there
would be much more noise than when the sewing machines were
used.
Mr. Kimball asked if the press would ever be run on
Sundays. Mr. 'dams replied in the negative.
Mr. Glynn asked if there was any more fire hazard to
the printing business than to any other type of light manu-
facturing and Mr. "dams stated that he did not think so,
but that it was a matter of keeping the shop clean. The .
building is sprinkler protected.
Mr. Calvin e. Childs stated that he was in favor of
granting the permit. In 1925 he purchased a piece .of pro-
perty adjoining the factory, which is now in his aunt's name,
but he holds a mortgage on it. He stated that he hoped the
Merriams could still run the factory as they always had.
He did not like to see the factory torn down and thought
that it looked more like an assembly hall than a factory.
He said that if the building was torn down, it would leave
an open space so that the Boston & Maine railroad track
would be visible. He said that he would rather see the
factory than the railroad.
Mr. Everett S. Amery stated that he hoped the petition
would be granted. He has lived on Stetson Street for thirty
years and has never had occasion to find fault with the way
the grounds are kept or from the noise. He said that he was
near enough now so that he would be annoyed by any great
amount of noise.
Mr. Kimball stated that the Episcopal Church had no
objection as long as the plant was not run on Sundays.
No persons appeared in opposition and the hearing
was declared closed at 8:40 P. M.
Mr. Glynn stated that he did not think the Board had
any right to keep the Merriams from using the building if
there was no objection from the neighbors.
The Chairman stated that it had been brought out by
the evidence that the building had always been kept in good
repair and he wondered what chances there would be of keeping
it in good repair if there was no money coming in. If the
property was torn down, he thought that people would not
want to put up expensive houses so near the railroad.
It was voted to grant 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 Robert C. & Gordon P. Merriam, 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
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thereby as they appear on the most recent local tax list and
also advertised in the Lexington Minute -Man, a newspaper
published in Lexinton, which hearing was held in the belect-
men's Room, in the Twn Office building on the 8th day of
May, 1936.
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 the building at 7 Oakland Street had
been used for a great many years up to recently as a shoe
finding factory; this business is no longer carried on in the
property, and the premises are now vacant. The owners have a
proposition to rent the building to the Lexington townsman,
Inc. for the operation of a printing and publishing business.
The building as well as the adjoining land had been well taken
care of, and inasmuch as the proposal could not be accepted
owing to this being a different non -conforming use from that
when the Zoning Laws want into effect, the petitioner desired
a permit from the Board of Appeals. Two owners of near -by
property were in favor of granting the permit to assure a
continuance of the present well -kept appearance of the property.
No persons appeared in opposition.
At the close of the hearing the Board in private session
on .May 8, 1936 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 ex-
ception 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 Lex-
ington 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 4oning By-law.
Pursuant to the said findings, the Board hereby unanimously
decides that the application of the said Lexington Zoning Bylaw
is hereby varied so far as may be necessary to permit the use
and occupation of the building at 7 Oakland street for the
printing and publishing business by the Lexington Townsman, Inc.
to continue until July 1, 1939, or so long thereafter as the
Lexington Townsman, Inc. is controlled by the present owners.
This permit is granted on the further condition that no print-
ing presses or other machinery shall be operated on Sunday, and
that the exterior of the building and surroundings shall be
' kept in good repair and condition.
174
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 ulerk of Lexington and shall
be opgn 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
Edward W. Kimball
C. Edward Glynn
Charles E. Ferguson
Howard 0. Robbins
I, Howard 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 mail-
ing on the 28th day of April 1936, to Edwin A. & Lucia W.
Bayley, Kenneth P. Blake, Margaret F'. & Harriet `'. i'ollins,
Lilla J. B. Dickey, Matthew & Minnie B. Stevenson, Helen M.
Sargent, "�larenee I. & Mabel M. Lewis, Edith M. Kelley
Mary L. Jackson, Flora B. Houghton, Caroline A. Holt, Loris
H. Hauman, Mabel A. peach, Bertha L. H. Hathaway, Guy &
Ruby C. Maynard, Alice H. Locke, William H. Fenn, Helen E.
Brennan, Boston & Lowell R. R. Corporation, Alexander Quinn,
Edgar S. Hill, Marion L. Howe, Jessie Fobes, Josephine G.
Childs, Eugene T. Buckley, Grace L. Emery, Edith J. Ettery,
Harold J. Crumb, George E. & Helen S. Smith, Boston Safe
]deposit & Trust Co., & Uonald Appleton, Exors. & Trustees,
James H. & Blanch C. Lewis, Marion T. Hopkins, Estate of
Alice D. Goodwin, Edward H. Mara, Robert P. & Mary L. Clapp,
Willard D. .Brown, Fred K. & Sylvia R. Brown, Louise C. Rob-
inson, Edward A. Robbins, heirs of, Bertha H. Miles, Ellen
B. Welsh, Church of Our Redeemer, Jack Phillips, Waltham
National Bank, Meyer Rubin & Harry G. Seligman, Universalist
Publishing House of Boston, Anstiss S. Bunt, et al, Daniel
J. O'Connell, George Scott, Edison Electric & Illuminating
Co., Joseph P. & Mary S. Grace, and also advertised in the
Lexington Minute -Man on April 23rd, 1936, a notice of which
the following is a true copy. Also notified Robert C. &
Gordon P. Merriam.
Howard ;4. Robbins
lerk, Doard of Appeals.
V1
1
1
175
April 223, 1936,
Lexinggton Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Daws, Chapter 40, Section
27, to vary the application of section 9A of the Lexington
Zoning By-law with respect to the premises at No. 7 Oakland
Street owned by Robert C. & Gordon P. Merriam of Lexington,
Massachusetts, by permitting the following: Leasing of
factory building to the Lexington Townsman, Inc. for opera-
tion of a printing and publishing business.
Robert �;. Merriam (Signature)
4 Oakmount Circle
N 0 T I C E
Lexington, Mass.
April 23, 1936.
' 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 Robert C. & Gordon P. Merriam, and
located at 7 Oakland Street, Lexington, the operation of a
printing and publishing business, under the Lexington Zoning
Law or in accordance with Chapter 40, Section 27A of the
General haws, and amendments.
The hearing will be held on May Sth, 1936, at 8:15, P. M.
in the Selectmen's Room, Town Office t6uilding, Lexington, Mass,
Arthur N. Maddison,
Chairman, Board of Appeals.
The record of the meeting held on October 18, 1935 was
read by the Chairman and approved by the Board.
Mr. Kimball stated that he had noticed that there were
cars perked outside the building at 404 Waltham Street which
is leased to the {`orris Motors. He also noted that there
wereseveral signs outside the building. The Board of Appeals
permit granted to Mr. Partridge for the maintenance of this
garage.prohibited the parking of cars outside the building
and the placing of any signs not attached to the building.
The secretary was instructed to request the Building Inspector
to investigate both matters.
' The meeting adjourned at 9:45 P. M.
A true record, Attest:
Clerk.