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HomeMy WebLinkAbout1935-06-10121 ' 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, rerguson, 'Jlynn, and Kimball were present. 1 -he ''ecretary was also present. The Chairman stated that James n. Smith, who peti- tioned for a.hearing to be held on June 7th and who failed to appear, had telephoned 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 ' 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-11an, a newspaper published in Lexington, which hearing was held in the 6electmen's Room, Town Office Building on the seventh day of June, 1935. 122 M 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 approximately 12 x 16 feet on the development at Waltham Street and Olinthrop 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. 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 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 Trust to maintain the ex- isting real estate office situated at the corner of Waltham btreet 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 'wilding 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 Qlerk 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. 400 Sec. 27) Arthur N. Maddison Edward W. Kimball C. Idward Ulgnn 1�harles ". Ferguson Howard 49. Robbins I, Howard W. Robbins, Clerk of the "oard of Appeals of Lexington, appointed under General Laws, chapter 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 Tr., Harold C. & Alice L. Ashley, Minola M. Black, Marion $gown, construction rinance Corp., Henry C. & Della M. Gad, kildred 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 S. & Daisy MacAlpine, . Gaetano & Berta Francescelli, Rachela Belcastro, George Givan, Mary 11larshall, Edward F. Rogers, Wallace P. Lyon, Jennett L. Bennett, Henry W. B. Cotton, Louise J. Carter, Hallie U. & Lulu M. Blake, Gecaarge H. Peterson, Mary S. H. Ellis, Mildred Beatty, Charles 1-'. Wiswell, lr., Alice M. and Albert ". Ross, Florence A. Gilcreast, Walter U. Black George H. & Emma A. Gibson, Clarrie H. Mulliken, John E. 1. Mulliken, William E. Mulliken, Charles 11. & Robert L. Ryder, lrs., Lexington -states Trust, Arthur C. and Dorothea'Lodge, Richard J. Burke, Camillo'& Elie'a'Appollorlio, Stella M. -& Frabli P.''Herrick, Elizabeth r . McIntosh, Anna hi. Lane, and also advertised in the Lexington 141inute-Man on May 23rd; 1935, a notice of which the following,is a true copy. howard ". Robbins Clerk, Board ofApppea's. May 14, 1935. Lexington Board of Zoning Ippeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of 124 Appeals, appointed under General Laws, Chapter 40, ''action 27, to vary the application of section 9 (d) of the Lexing- ton Zoning '0y -law with respect to the premises at Winthrop Road extension owned by Lexington istates 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) N O T I C E Lexington, Mass. May 230 1935. the board of l'ppeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Lexington �'ststes frust of Lexing- ton and located on Waltham 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 Oelectmen's Office Town Office ';uilding, Lex- ington, Mass. Arthur N. Xaddison, Chairman, Loard 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 "edford 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, birs. Palmer requested the privilege of maintaining a spinning wheel in front of the house, and also a wax figure of a woman. jhe Uhairman 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 M _j 1 J 125 sign and or spinning wheel, and it was so voted. It was ' unanimously voted that the permit be granted in the follow- ing form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap- ter 40 Sec. 27 having received a written petition addressed to it by Grace 6. 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. tit this hearing evidence was offered on behalf of the petitioner tending to show: that she intended to rent the house at 377 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 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 Doard in private session June 10th, 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 Lexin�ton 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 b9 -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 application of the said Lexington Zoning By-law is hereby varied so far as may necessary to permit for a period of one year from June 10, 1935, the 126 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. the 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.402 aec.27) Arthur N. Maddison C . `award Glynn ' Edward ". Kimball Charles rerguson Howard Robbins 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 A. Dix, et al trs., Home Finance Do., Waverley Co-operative Bank, James H. Reid, Millicent Morris, Prances L. Traver, Hallie C. Blake, Theodore A. Cus- tance, Leonard M. Kieley, Lexington Trust Co., Alan Mortgage Co, Ernest V. LaRose, Sadie P. Currier l:homas J. & Cath- erine Mi. Dickson, Mildred L. Morrill... 4mes & Llizabeth M. Smith, Charles A. & Alice M. Stone, Anna 1'. Culbertson, Elsie D. Packard, Bertha O. Bradbury, David Harrigan, Alfred W. & Hazel ". Nelson_ Neil McIntosh, Virginia R. Eaton, Ellen G. O'Donnell, hdmund D. & Mona H. Ayres, Herbert t''. Shannon, Eugene L. Loupret, Lexington "o -operative Bank, Lliot i' Kendall, Frank Johnson et a1, 'rank J. Lon leway, George �. & Gertrude W. Benoit., Althea L. Woodman, obert L. & Libbie.D. Clarke, `'thel F. Bean, Grace M. wmith, Eugene ' & Agnes M. commons, C. 0. �Inderson & Sons, Inc., North Ca3pb- ridge Co-operative bank, Batholomina.hice, Henry J. Wood et al Kathryn H. Morris, John D. & Jessie P. Polley, *redrew Rennie, Tr. 127 ' Dora E. Parson, "atherine 4. Montana, Eleanor McCarthy, Carl v. Schaub, Mary L. Shea, Charles Vii. y�illiams, Palmyra P. Cabeceiras, nelen Alger, George W. Bean, "amuel Bur- goyne, J. Newton frost, Trustee, Home Guardian lo., Henry Gersony, l'gnes rlynn, 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, chapter 40.. Dec- ' tion 27, to vary the application of section 9 of the Lex- ington Loning By-law with respect to the premises at No'. 259 Bedford "treet owned b7 Neil McIntosh of Lexington, by permitting the following: Antiques. Grace J. Palmer (signature) 8 Hillside Ave. (Address) Bedford, Mass. N 0 T I C E Lexington, Iviass. May 23, 1935. 'lhe 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 Keil kcIntosh and located at 259 Bedford ''treet, Lexington, the sale of antiques, under the Lexing+:on i-oning Law or in accordance with uhapter 40, flec- tion 27A of the ueneral Laws and amendments. The hearing will be held in the Selectmen's koom, Town Office Building, Lexington, on June 7th, 1935 at 8:00 P. M. I Arthur N. Maddison, chairman, Board of "ppeals. 128 CORRECTED NOTICE. Lexington, 148s, 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 Riclntosh, and lo- cated at 377 Redford Street (formerly 259 I-'edford Street) Lexington, the sale of antiques, under the Lexington Zoning Law or in accordance with Chapter 40, ''ection 27A of the General Laws and amendments. The hearing will be held in the selectmen's Room, Town Office '-�v.ilding, Lexington, on June 7th, 1935 at 8:00 P. M. Arthur N. Maddison Chairman, Board of Appeals. The meeting adjourned at 8:37 P. M. A true record, Attest: C erk 1