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HomeMy WebLinkAbout1935-06-10 121 BOARD OF APPEALS MEETING June 10, 1935. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Messrs Maddison Robbins, t'erguson, Lxlynn, and Kimball were present. The ''ecretary was also present. The Chairman stated that James R. Smith, who peti- tioned for a hearing to be held on June 7th and who failed to appear, had telepkoned him and stated that he had for- gotten about the hearing. The Board discussed the matter of a hearing being held and the petitioner failing to appear. The board felt that if no one appeared in opposition and inasmuch as the petitioner had made proper written application for a hearing, the Board would be justified in granting the petition. The chairman suggested that Mr. Smith be invited to appear at the next meeting of the Board which will be on II June 21st, and that the board hear his case at that time, and the suggestion was approved. The records of the meeting held on June 7th were read and approved with additions as noted by the Chairman. The Board then discussed the petition of the Lexington Estates Trust for the variance of the Lexington Zoning by Law to permit the maintenance of the real estate office now existing on Winthrop Road Extension near Waltham Street. The Chairman read the permit as it was granted last year. It was duly moved and seconded that the permit be granted for the continuance of the building as it now exists, and it was unanimously voted that the permit be granted 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 the Lexington ''states Trust, 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, Town Office building on the seventh day of June, 1935. 122 A majority of the members of the board of Appeals were present at the hearing. A certificate of notice is hereto annexed. Ht this hearing evidence was offered on behalf of the petitioner tending to show: That it desired to maintain an office building alproximately 12 x 16 feet on the development at Waltham Street and 'winthrop Road Exten- sion. No one appeared in opposition. At the close of the hearing the Board in private session on June 10th, 1935 , gave consideration to the sub- ject 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. £hat 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 pro- visions 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 substan- tially derogating from the intent or purpose of such Lex- ington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning By-Law is hereby varied so far as may be necessary to permit the Lexington Estates `£rust to maintain the ex- isting real estate office situated at the corner of Waltham Street and Winthrop Road Extension. This building shall be used only for the purpose of selling lots situated in the sub-division on which it is located, and permit shall expire one year from date, and that this structure shall be main- tained in a state of repair satisfactory to the ''uilding Inspector and shall be removed from the property upon the expiration of the above permit or any succeeding permit. 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 'lerk of Lexington and shall be open to public inspection and that notice of this deci- sion shall be mailed forthwith to each party in interest. 123 BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch. 40, bee. 27) Arthur N. Maddison Edward W. Kimball C . bdward Glynn _harles �. Ferguson Howard W. Robbins I, Howard W. nobbins, Clerk of the board of Appeals of Lexington, appointed under General Laws, "hapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 25th day of May, 1935, to Arthur N . and Minnie C. L. Maddison, Ada H. Rowse, Beatrice H. Lamont, William H. Driscoll, Annie Harrington, William I. & Grace P. Brown, Florence °ullivan 1'r., Harold C . & Alice L. Ashley, Minola M. Black, Marion brown, ''onstruction rinance Corp., Henry C. & Della M. Gad, i"lildred M. Hilliard, Ashburn C. Kilgour, Kenneth C . & Lillian A . F. Ringer, Abbie E. Stevens, Ellen S. Trowbridge, J. Joseph & Anne T. Hurley, Beatrice F. Morse, Florence L. Nickerson, Blanch T . Nilson, Anne F. Rudd, Margaret M. Gallagher, George b. & Daisy MacAlpine, . Gaetano & Berta Francescelli, Rachela Belcastro, George Givan, Mary 1Vlarshall, Edward F. Rogers, Wallace P. Lyon, Jennett L. Bennett, Henry W. B. Cotton, Louise J. Carter, Hallie ' . & Lulu M. Blake , Gecaarge H. Peterson, Mary S. H. Ellis, Mildred Beatty, Charles L. Wiswell, lr. , Alice M. and Albert ". Ross, Florence A. Gilcreast, Walter G. Black George H. & Enna A. Gibson, Clarrie H. Mulliken, Jahn E. A. Mulliken, William E. Mulliken, Charles w. & Robert L. Ryder, lrs . , Lexington states Trust, Arthur C. and Dorothea Lodge, Richard J. Burke, Camillo & Elita Appolloftio, Stella M. & Frank P. Herrick, Elizabeth r . McIntosh, Anna hi. Lane, and also advertised in the Lexington minute-Man on May 23rd, 1935, a notice of which the following, is a true copy. howard .r . Robbins Clerk, Board of]ppeaass. May 14, 1935. Lexington Board of Zoning l'ppeals Town Office Building Lexington, Mass . Gentlemen: The undersigned hereby petition the Lexington Board of 124 cn Appeals, appointed under General Laws, Chapter 40, ''ection 27, to vary the application of section 9 (d) of the Lexing- ton Zoning by-law with respect to the premises at Winthrop Road ' 'xtension owned by Lexington states frust of Lexington, by permitting the following: Maintain Real Estate Office for two years. Lexington Estates frust (Signature) `'harlgs W. Ryder (by) John Lamont Lexington, Mass . (Address) NOT I C E Lexington, Mass. May 23, 1935. 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 Lexington -'states 'trust of Lexing- ton and located on "altham Street, a real estate office for a period of two years, 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 June 7th, 1935, at 8:30 P. M. in the ''electmen' s Office Town Office building, Lex- ington, Mass. Arthur N. llladdison, Chairman, board of Appeals. The Chairman stated that on November 6, 1934, a permit had been issued to Bertha M. Garfield for the sale of an- tiques at 259 Bedford Street, provided that she remain the tenant in the house. The Chairman read that permit as it was granted. The hearing which was held on June 7th was upon the petition of Grace J. Palmer for permission to sell antiques at the same location. At the hearing, Mrs. Palmer requested the privilege of maintaining a spinning wheel in front of the house, and also a wax figure of a woman. the 0hairman stated that Mrs . Palmer lived in Bedford but was in business in Lexington at the present time, and would like to sell the same type of antiques on Bedford St. as she is selling at her shop. Mr. Glynn made a motion that the permit be granted for a period of one year with the same restrictions as in the previous permit with the exception that she be allowed the 125 sign and or spinninx wheel, and it was so voted. It was unanimously voted that the permit be granted in the follow- ing form: BOARD OF APPEALS PERMIT 'ihe Board of Appeals, acting under General Laws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by Grace . Palmer, 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 hear- ing was held in 'the Selectmen's Room, in the Town Office Building on the seventh day of June, 1935. majority 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 she intended to rent the house at 377 Ledford 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 use the barn for storage; and that she had ample parking space for auto- mobiles on the premises. No persons appeared in opposition. At the close of the hearing the board in private session June loth, 1935 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 im- pair 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. hat 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 substanti- ally derogating from the intent or purpose of such Lexington Zoning By-Law. Pursuant to the said findings, the board hereby unan- imously decides that the arplication 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 June 10, 1935, the 126 Plz sale of antiques in house and barn on premises at 377 Bed- ford Street provided Grace J. Palmer remains the tenant or occupant of said house; that a sign not eXceeding six square feet in area advertising the sale of antiques be permitted subject to the approval of the Building Inspector, and/or the display of a spinning wheel in front of the premises; and that no articles for sale of exhibition are to be dis- played 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 interferred with. "'he Board hereby makes a detailed record of all its proceedings relative to such petition and hereby set 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, aec.27) Arthur N. Maddison C. `award Glynn 1 Edward ". Kimball Charles � . r'erguson Howard ". Bobbins I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, chapter 40, Sec- tion 27, hereby certify that 1 sent by postage certificate of mailing on the 25th day of May, 1935, to Ethelinda Morrill, Laura L. Loring, Ervin n. Dix, et al trs. , Home Finance Do. , Waverley Co-operative Bank, James H. Reid, Millicent Morris, trances L. Traver, Hallie C . Blake, Theodore A. Cus- tance, Leonard M. Kieley, Lexington Trust, Co. , Alan Mortgage Co. , Ernest V . LaRose, Sadie P. Currier Thomas J. a Cath- erine M. Dickson, Mildred L. Morrill„ James & Llizabeth M. Smith, IJharles A. & Alice M. Stone, Anna T'. Culbertson, Elsie D. Packard, Bertha °I. Bradbury, David J. Harrigan, Alfred a. & Hazel ". Nelson? Neil McIntosh, virginia R. Eaton, Ellen G. O1Donnell, Edmund L. & Mona H. Ayres, Herbert 1' . Shannon, Eugene b. Loupret, Lexington "o-operative Bank, Lliot r . Kendall, Frank Johnson et al, frank J. Longleway, George V . & Gertrude W. Benoit, Althea L. Woodman, Hobert L . & Libbie D. Clarke, 'thel F. Bean, Grace M. mith, Eugene & Agnes M. L'ommons, u. 0. Anderson & Sons , Inc. , North Camb- ridge Co-operative bank, Batholomina. Bice, Henry J. Wood et al Kathryn H. Morris, John D. & Jessie t . Polley, *redrew Rennie, 1r. 127 Dora E. Parson, "atherine - . Montana, 1 .1eanor McCarthy, Carl o . Schaub, Mary L. Shea, Charles M. _lliams, Palmyra P. Cabeceiras, Helen Alger, George W. Bean, "amuel Bur- goyne, J. Newton Frost, Trustee , Home Guardian "o. , Henry Gersony, Agnes r'lynn, Louisa G. Bean and George S. Teague, Grace J. Palmer, and also advertised in the Lexington Min- ute-Man on May 23rd, 1935, a notice of which the following is a true copy, and on May 29th, 1935 a corrected notice, of which the following is a true copy. Howard ". Robbins Clerk, Board of Appeals . May 8th, 1935. Lexington board of Zoning Appeals town Office Building, Lexington, Mass. Gentlemen: 1h e undersigned hereby petition the Lexington board of "ppeals, appointed under General Laws, "hapter 40, "ee- l! tion 27, to vary the application of section 9 of the Lex- ington oning By-law with respect to the premises at No. 259 Bedford "treet owned by Neil McIntosh of Lexington, by permitting the following: Antiques . Grace J. Palmer (signature) 8 Hillside Ave. (Address) Bedford, Mass . NOTICE Lexington, 1Viass . May 23, 1935. the Board of "ppeals will hold a hearing on the matter of varying the application of the Zoning Law, by permitting on the premises owned by 3'eil McIntosh and located at 259 Bedford "treet, Lexington, the sale of antiques, under the Lexing+-on Loning Law or in accordance with uhapter 40, °ec- tion 27A of the ueneral Laws and amendments. The hearing will be held in the Selectmen's Room, Town Office Building, Lexington, on June 7th, 1935 at 8:00 P. M. Arthur N. Maddison, "hairman, Board of "ppeals. 128 CORRECTED NOTICE. Lexington, lass. May 28th, 1935. The board of t'ppeals will hold a hearing on the mat- ter of varying the application of the Zoning Law, by per- mitting on the premises owned by Neil icIntosh, and lo- cated at 377 Bedford Street (formerly 259 bedford Street) Lexington, the sale of antiques, under the Lexington Zoning Law or in accordance with Chapter 40, "action 27A of the General Laws and amendments . The hearing will be held in the belectmen' s Room, Town Office building, Lexington, on June 7th, 1935 at 8:00 P. M. Arthur N. laddison Chairman, Board of Appeals. The meeting adjourned at 8:37 P . M. A true record, Attest: 4 lark 1