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BOARD OF' APPEALS MEETING
May 10, 1935. '
A meeting of the Board of Appekls was held in the
Selectmen's Room, `jown Office Building, at 8:00 P. M.
Messrs. Maddison, Glynn, Kimball, and Associate Member
John A. Lyons were present at the meeting. The secretary
was also present. Mr. Robbins and Mr. Ferguson were un-
able to be present. Mr. Glynn acted as Clerk Pro -tem.
The minutes of the hearing held on April 5th were approved.
The hearing was declared open upon the application of
Leo A. boynton for permission to enlarge the existing building
at 32 Sylvia street, Lexington.
the notice of the hearing as printed in the Lexington
Minute Man was read by the Clerk Pro -tem,
Mr. Thomas O'Brien, Attorney, spoke on behalf of the
petitioner. Mr. O'Brien stated that his client had enlarged
an existing building at 32 Sylvia Street, which was in viola-
tion of the zoning and building regulations. He stated further
that Mr. Boynton was ignorant of the regulations, and had
believed that the builder was within his rights in enlarging
the structure; and that Mr. Boynton was perfectly willing
to confer with the Building Inspector to see whether or not ,
the present structure could be made to conform with the
Building Laws.
Pr. Boynton stated that the builder had told him that the
building conformed with the building Laws and that he had
obtaiped a permit to build from the Building Inspector,
1h® Chairman asked Mr. Boynton if he was aware of the fact
that the building was nearer to the lot line than the laws
provided and Boynton answered in the affirmative, but stated
that he had advised the builder to put the structure the
correct number of feet from the line.
Mr. O'Brien inquired if the situation could be remedied
by constructing a brick wall or a fire -proof structure, and
the Building Inspector advised him that it would have to be
seven and one-half feet from the lot line.
The building Inspector advised the "oard that Boynton
had added onto the existing structure on the Sylvia Street
side, and had then extended it the whole length of the lot in
the rear, making the addition approximately eighty-five feet
long in the rear. Mr. Glynn asked what class the building
was in, and the Building Inspector advised him that it was a
third class building.
Mrs. Ooynton stated that the question of running the
business was brought up before, about two years ago, and a
hearing was held before the Hoard of Selectmen. At that time
it was found to be a matter of record that the business was
established in 1924, before the Zoning Law went into effect.
Mr. Boynton stated that in December, 1923 he had a junk
license from the Town of Arlington, and that he was using the
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property at 32 Sylvia Street at that time, and that the
' Board of 'electmen stated that he might use it if he kept it
in a neat and orderly condition. He stated that he had ex-
panded a great deal since 1923, but had always tried to keep
the property orderly.
The Chairman asked if there were any more persons
wishing to speak on behalf of the petitioner, and there were none.
Miss Anna Canty, who, with her sister, owns Lot #22 on
Sylvia Street, stated that Boynton was using four or five
feet of her land for a driveway. 'hey had instructed Boynton
not to use their drive, but he was still doing it. 'he
Chairman ruled that the issue was beyond the scope of the
petition.
Mr. Emil Zacharias inquired if a man could come into
the lown and start any kind of a business in a residential
section without consulting the Authorities or the neighbors.
`ihe Chairman stated that a person could not do this after 1924.
Mr. "acharias stated that he had purchased the property at
#40 Sylvia `'treet in 1926, and that he investigated the property.
very carefully before he made the purchase. At that time
there was no business there, but two years later the junk
business appeared. He stated that the valuation of his pro-
perty had decreased 50% or more, and that the junk business
was a nuisance.
'he Chairman asked Zacharias if the house at #32
Sylvia Street was occupied when he purchased his property, and
he said it was, but that the house was later burned and
never rebuilt. There was an open cellar there when the junk
business was started and later buildings were added.
Mr. Boynton's attorney asked Mr. Zacharias through
the Chairman if, during the period when he purchased his
property and the present time, he had ever done anything about
restraining the junk business. Mr. Zacharias said that he
had talked to various town officials at different times, but
that nothing had ever been done about it.
Esther K. M. Hedberg of Taft Avenue stated that she
had purchased her house in 1934, believing that it was in a
residential district. She stated that she could hear a great
deal of noise from the place, and for that reason considered
it a great nuisance.
A. Mr. McCarthy stated that he had purchased a house
on Taft Avenue two weeks ago and was very much opposed to a
junk yard in a residential section.
Mrs. Dora Baron felt that the junk yard was a nuisance,
' and that the place had reduced the valuation of her property.
1$e Attorney for the petitioner asked through the
chairman if the condition of the place was better since the
building had been enlarged, and the answer was in the affirma-
tive.
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Victor E. Ericson of Taft Avenue stated that he was
opposed to the petition.
Mr. O'Brien asked the Uhairman if he thought the
abutters believed they were opposing the continuation of
the junk business, and the Chairman thought it possible that
they were, and explained that the hearing was on the petition
of Boynton to enlarge an existing building.
Thomas "'ullivan of 11/13 Sylvia street opposed the
petition because he thought the junk yard a nuisance.
Mr. OztBrien stated again that the petitioner was
asking the 11oard to allow the present building to remain as
It was.
Mr. McCarthy stated that he understood that the building
was up illegally, and therefore was just the same as not built.
Pasqualle Terirazzana stated that as long as Loynton
wanted to enlarge the building that it meant that he intended
to extend his business.
"he chairman read a letter from John J. McCarron who
opposed the petition. Mr. McCarron, owning property at 5
Sylvia "treet, stated that the, junk business was a fire trap.0
a nuisance, and a menace.
The Secretary reported that Hugh W71lief,-owning pro-
perty on Hibbert Streethad telephoned inasmuch as he was
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unable to attend. Mr. yllie wished to be recorded in oppo-
sition to the granting of the petition.
`lhe hearing was declared closed at 8:45 P. M.
After discussion on the matter, it was voted to deny
the petition. 'he Chairman stated that Mr. nobbins wished to
be recorded as opposed to granting the petition.
1'he petition was denied in the following form:
The Board of "ppeals., acting under General Laws
Chapter 40, sec. 27, having received A written petition
addressed to it by Leo A. $oynton, 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 hoard 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 tenth day of May, 1935.
One associate member and three members of the Board of
Appeals were preseht at the hearing. " certificate of notice
is hereto annexed. At this hearing evidence was offered on
behalf of the petitioner tending to show: That he had been
using a building on the premises at #32 Sylvia Street for the
storage of junk that he had constructed an addition to the
building, claiming that the builder told him he had obtained
a permit; that this building extends within the 72' provided
for by the Building Laws for third class buildings; and that
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he desired a permit to maintain the addition as erected.
' Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show that
the addition simply created a greater nuisance, and injured
the value of the property of the neighbors. No application
had'been made prior to the construction of the addition to
build the same, the premises are in a residential section and
the use of the same for the junk business is a non -conforming use.
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 not be substantially served by the making of
the exception requested.
2. That the exception requested will tend to impair
the status of the neighborhood.
3. That the exception requested will not be in harmony
with the general purposes and intent of the regulations in
the Lexington Zoning B7 -Law,
4. That the enforcement of the Lexington Zoning By -Law
as to the locus in question would not involve practical difficulty
and unnecessary hardship and the relief requested may not be
granted without substantial detriment to the public good and
without substantially derogating from the intent and purpose
of such Lexington Zoning By -Law.
Pursuant to the said findings, .the Board hereby denies
the said petition of Leo A. Boynton to enlarge the existing
building at #32 Sylvia Street.
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 a public record 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)
H. N. Maddison
Edward W. Kimball
Howard W. Robbins
C. Edward Glynn
John A. L ons
'Associate Member
I, C. Edward Glynn, Ilerk Pto-tem of the board of Appeals
of Lexington, appointed under General Laws, t'hapter 40, Section
27, hereby certify that I sent by postage certificate of mailing
on the 27th day of April 1935, to Henry E. Walker, heirs of,
Annie Bornstein, Anna Helman, heirs of, Catherine Irwin, Hugh
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Wyllie, Anna Baron, Joseph Balanoff et als, Gertrude Govenar,�
Anna Goloboy, Thomas and Honors. Sullivan, Mary A. & Pasquale
Terrazzana, Joseph Lassof, Helen Bloustein, 4illiam J. &
Julia M. Roberts, Minnie Bloustein, Mary A. Shea, Blackstone
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Savings Bank, Merchants Co-op. "lank, Anil Zacharias, Martha C.
Zacharias Ida �. Landon Helen M. & `Phomas h. Ahern, Mary &
Anna Cantz,, E. Johnson, Lsther h. M. Hedberg, Victor F.
Harry
& Ida P. ricson, "ldward I. & Meyer Berman, Max Berman, Samuel
Smorax, X'sther Berman, "altham `'o-op. Bank, Nellie H. Viano,
tiValter H. Lennon, Arlington Five Cents Savings Bank Catherine
". �.
J. & Margaret n. McIsaac, Margaret Healey, Mary Boyce,
Isabell Yeates, Patrick J. Heaney, Manuel A. & Maria C. Maderios,
Charles L. MaeGilivra9, Fannie L. Mallett, Pasquale &'Ii rmina
�.
Luongo, James 90. & Alice P. Lowry, Mary Sousa, Francis Sty-
mest, Eldred F. Cheney, Mary Andresen, heirs of, Roy A. Cook
Bank, Allen.
Addie C. Cook, Francis Dailey, Watertown Co-op.
MaeGilvary, Jennie ". Parker, Ragns He Goodmansen, Medora R.
Crosby, Catherine C. Whalen, Leo A. & Eva Hornstein, and also
advertised in the Lexington Minute -Man on April 25, 1935, a
notice of which the following is a true copy.
C. Edward G1
lerk Pro-tem, Doard ofAppeals*
April 24, 1935.
Lexington 'oard of Zoning Appeals
Town Office 'uilding
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Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, "lection 27,
to vary the application of section 10 of the Lexington Zoning
By -Law with respect to the premises at No. 32 Sylvia Street,
owned by Leo 'oynton of 38 Mass. I've. Lexington by permitting
the following: To enlarge the existing building at 32 Sylvia
street, Lexington, Mass. upon variations, section 10, of the
Zoning Laws,
Leo A. Boynton - Signature
(We lv-. Maloney)
N 0 T I C E
Lexington, Mass,
April 243 1935.
The Board of Appeals will mold a hearing on the matter
of varying the application of the Zoning Law py permitting on
the premises owned by Leo A. & Eva Bornstein and located on
Sylvia Street, Lexington, the enlargement of the existing build- '
ing, under the Lexington Zoning Law or in accordance with Chap-
ter 40, Section 27A of the General Laws and amendments.
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The hearing will be held in the Selectmen's Room, Town
Office Building, Lexington, on May 10th, 1935 at 8:00 P. M.
Arthur N. Maddison,
Chairman, Doard of Appeals.
The meeting adjourned at 9:10 P. M.
A true record,°attest:
Clerk, pro -t
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