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HomeMy WebLinkAbout1936-07-16186 M BOARD OF APPEALS MEETING JULY 16, 1936. , A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P.M. Messrs. Glynn, Ferguson, Kimball and Lyons were present. In the absence of Mr. Maddison, Mr. Glynn was eledted Chairman Pro -tem, and in the "absence of Mr. Robbins, Mr. Kimball was elected Clerk Pro -tem. The Secretary was also present. At 8:00 P.M. hearing was declared open on the appli- cation of Roy C. Peterson for permission to maintain a roadside stand for the sale of fruit, vegetables, and poultry raised on the premises at 27 Blossom Street at the corner of the Concord Turnpike. The notice of the hearing was read by the Clerk Pro -tem. There were present at the hearing: Roy C. & William C. Peterson, Curlys Sl -,cum Sr., and Curlys Slocum, Jr. Mr. Roy C. Peterson presented a plot plan of the property and a plan of the proposed stand. He said that he wished to erect the stand about 55 feet back from the travelled way; the building would be about 24 feet long by 17 feet wide, with a small porch in front. There would be two drives about 150 feet apart. The travelled way is 40 feet wide, and the State has a strip about 30 feet wide ' on either side. The Chairman asked Mr. Peterson what he proposed to sell, and he replied that he wished to sell vegetables and poultry and fowl raised on the premises. The Chairman asked him where his farm was, and he said that it was directly in back of where he proposed to erect the stand. Mr. Ferguson asked if there would be a foundation under the building, and he said that there would not be. He intends to put the stand on skids so that it can be moved at any time. Mr. Ferguson asked what Peterson was going to have for lights. He replied that he had one flood light that he intended to put up. The Chairman asked if he had planned on erecting any signs. Peterson replied that he had made signs last year for each article that he intended to sell, and that the signs could be taken in at night. They are about 2-P by 6", and are to be hung in a line from the roof of the porch. Both of the Slocums stated that they were in favor of the granting of the petition. They said that they owned the property directly across the street from Peterson and saw no objection to the proposed stand. Mr. Ferguson asked if Peterson had to have ' permission from the State to put in the two driveways, and he said that he already had permission. 187 The hearing was declared closed at 8:17 P.M., and the ' petitioner was advised that the matter would be taken under advisement. At 8:17 P.M., hearing was declared open upon the application of Mr. James M. E+ter for permission to alter the one -family house located at 197 rear, Woburn Street to accommodate more than one family. The notice of the hearing was read by the Clerk Pro - tem. Mr. Etter stated that hissister-in-law was an old lady and that she has not had a home for three years, but has been rooming out. He would like to finish the three rooms upstairs in his bungalow and let her live there. He said that he started in wrong, that he should have had a hearing before he started the work, but did not know enough to. e hired a carpenter who said that he would get a permit to finish the three rooms, which he did. The Chairman asked Etter if the house was his home, and he said that it was. It is a seven room house, and the lower floor is rented. The Chairman asked how far along the work was now, and he,replied that the three rooms had been finished. There is a toilet and a bowl, and the woman would like to have an oil stove to cook on. Mr. Ferguson asked if the outside of the house had been ' altered at all, and he replied in the negative. The Chairman asked Etter what hiss:ister-in-law's name was, and he said it was Mrs. Christine Miller. The Building Inspector, Longbottom, said that about two months ago, he received an application from the carpenter, a Mr. Leslie, for a permit to finish the attic. The first question he asked him was whether or not it was going to be made into a double house, and he said that it was not. He then asked him if the people downstairs were going to use the rooms, and he replied in the negative. Longbottom told Leslie that the rooms could not be used for another flat. He received a complaint from one of the neighbors that the house was going to be used for a double house, and he went down there and asked if this was true and was told that it was not. He received a second complaint and went down and saw Mrs. Miller, and she admitted that she was going to live there. He asked Mrs. Miller if she was going to do any cooking, and she replied that she would like to make a cup of tea occasionally. Longbottom told her that he would not give her an occupancy permit. He went down to the house again, but there was no evidence that any provisions had been made for cooking. Mr. Fleck, the tenant in the house, said that he had. no objection to Mrs. Millers' living upstairs, and that she had his permission to do whatever cooking she wished in his kitchen. The following persons stated that they had no objection to the granting of the petition: Mr. C. Sperandio, Mr. James A. Pratt, Mr. George L. Rice and wife, and Mr. & Mrs. A. Labes. 188 ry Mr. Leslie J. Wood of 196 Woburn Street appeared in opposition. He said that Mr. Etter purchased the Harlow property seven or eight years ago and turned it ' into a two family house without a permit. When he out up the property he cut it into lots smaller than the Building & Zoning Laws permit. He said that there was no head room in the barn where the three rooms were built. He asked if there was not a State law preventing one entrance being used by more than one family. Mr. Wood said that when the Zoning Law went into effect he had his land practially sold, but the man would not purchase it on account of the Zoning Laws, and that he still owns the property. He said that the Zoning Law was not being enforced at all in this locality and that practically all of Woburn Street was being used for two family houses. The hearing was declared closed at 8:35 P.M. The Chairman asked Mr. Longbottom what his under- standing of the matter was at the present time, and if the woman was just using the bedroom and living room upstairs. He replied that she was not using either at the present time, and that he had never had any evidence that the house was being used for a two family dwelling. The Chairman said that if the woman was going to do her cooking downstairs, and was going to sleep and live upstairs, he would call her a boarder. He said that what had been done so far was in no way a violation of any Zoning Regulation. If the Board did not grant the permit, there was no reason why Mrs. Miller could not ' live in the house. He said that he thought it was a matter in which Longbottom should use his own discretion. The Chairman stated that this was a small seven -room house, not too big to be occupied by single family. There seemed to be no reasonable necessity for its being changed Into a two family dwelling. Mr. Lyons moved that the application be denied, in the following form: The Board of Appeals, acting under General Laws, Chapter 40, See. 27, having received a written petition addressed to it by James M. Etter, 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 deemec by the Board to be affected thereby as they appear on the most recent local tax list, and also ad- vertised 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 Thursday, July 16, 19360 at 8:15 P.M. One associate and three 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 in the , single family house located at 197 Woburn Street (rear) he had caused to have finished three rooms on the second floor for the purpose of accommodating his sister-in-law, 189 ' who had arranged to occupy said rooms, and that the remainder of the seven -room house was rented to another family; that no provisions for cooking had been installed; that there was no plumbing except to the extent of a basin and toilet; that he wished to allow his sister-in-law to occupy these rooms and to do cooking on an oil stove. Evidence was offered on behalf of citizens opposing the greeting of the said petition tending to show that when a permit was granted for finishing the three rooms, it was specifically stated that they were not to be used for occupancy by a separate family, and that there was fear of an evasion of the Zoning By-law which would eventually lead to this being considered a two-family house. At the close of the hearing the Board in private session on July 16, 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 not be subotantially 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 har- mony with the general purposes and intent of the regulations in the Lexington Zoning By -lawn, 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 re- uested may not be granted without suubstantial detriment'to he 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 James M. Etter for the alteration of a one -family house located at 197 Woburn Street (rear) to accommodate more than one family. 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 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) C. Edward Glynn Edward W. Kimball John A. Lyons Charles E. Ferguson. 190 I. Edward rd. Kimball, Clerk Pro -tem of the Board of ' Appeals of Lexington, appointed under General Laws, Chap- ter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 27th day of June, 1936, to Leslie J. and Agnes L. Wood, Ralph J. Frissore, Cres.enzio Sperandio, Clara J. Pratt, Mary A. O'Connell, Charles E. & Ellen M. Moloy, Bruno Doiron, Harriet E. Gough, Lexington Savings Bank, Nora E.Leary, Fred W. Jordan, Mary H. Garvin, Henry S. Raymond, James L. Smith, August Young, Elizabeth S. Spear, Catherine Dunham, Robert A. & Elizabeth M. Potter, Mary J. Kelley, Adolph & Ida Labes, Elizabeth Latter, George L. & Lottie M. Rice, Margaret McCarthy, Elmina Munroe & Howard Munroe, Charles W. Ryder, Anna G. McDonnell, John R. McLaughlin, Asunta Modoona, Walter W. & Mary R. Gwinnell, John Z. Collins, Ethe1.G. Barbour, Eva D. Gor- berg, Peter & Martin Semonian, Salvatore Caso, Goldie R. Burgess, Frank 0. Nelson, Johnson S. Armstrong, Matilda M. Wheeler, Sarah C. VanDeusen, Albert E. & Marion C. Olsen, H. Irving w Helen G. Currier, Charles H. & Jennie Currier, Chester A. Fogg, Leonard K. Dunham, and James M. Etter, and also advertised in the Lexington Minute -Man on July 2nd, 1936, a notice of which the following is a true copy. Edward W. Kimball Clerk Fro -tem, Board of Appeals. June 22, 1936. ' 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 9C of the Lexington Zoning By-law with respect to the premises at: Off 197 Woburn Street owned by James M. Etter of Grafton, Mass., by permitting the following: The alteration of a one family house or building wherever located to accommodate more than one family. James M. Etter (Signature) 219 Lake S+.reet (Address) Grafton, Mass. N 0 T I C E Lexington, Mass. July 2, 1936. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by 191 permitting on the premises owned by James M. Etter and located at 197 Woburn Street, Lexington (rear), the alteration of a one -family house or building 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 July 16, 1936, at 8:15 F.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. Mr. Ferguson seconded the motion and it was so voted, unanimously. The Chairman asked Mr. Longbottom if he had anything to say about Roy C. Peterson's layout, and he said that he had a good location and a,good stand proposed. He retired. Mr. Lyons stated that he was unalterably opposes', to the erection of any stands on the new Concord Turnpike. Mr. Ferguson said that he thought the matter stood the same as it did last year, and that perhaps the Board had better not consider granting a permit until the Planning Board had acted on the matter of business on the new ' road. Mr. Kimball made the following statement: "The Planning Board is of the opinion that it is not necessary or advisable to permit the establishment of commercial enterprises alon7 the Concord Turnpike, and is opposed to the establishment of C-1 districts. The Board recognizes, however, that on part of a through trunk highway it may become necessary to provide for ob- taining gasoline and oil, and at the July 14th meeting, decided to present at the next Town Meeting, subject to the approval of the Town Counsel, an amendment providing for a new type of district, limited to the sale of gasoline and oil only. The Board does not intend to initiate the location of such districts, but believes that if and when a need develops, the districts should be limited to two, one located at the southeast intersection of Spring Street and the Turnpike to serve east -bound traffic, and the other at the northwest intersection of Pleasant Street and the Turnpike to serve the west -bound traffic". Upon motion of Mr. Lyons, seconded by Mr. Ferguson, it was unanimously voted to deny the application in the following form: The Board of Appeals, acting under General Laws, Chapter 40,.Sec. 27, having received a written petition addressedto it by Rot= C. Peterson, 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 192 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 Thursday, July 16, 1936, at 8:00 P.M.. One associate and three 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 it was his desire to establish a roadside stand located on the Concord Turnpike approximately 200 feet easterly from Blossom Street, said stand to be set back 25 feet from the street line, with adequate room for the parking of automobiles; that the building he wished to erect would be approximately 24 feet by 17 feet without foundation; that he wished to dispose of the products raised and grown on his own premises. No evidence was offered on behalf of citizens opposing the granting of the said petition. At the clost of the hearing the Board in private session on July 16, 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 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 Bq -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 mar 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 Roy C. Peterson to permit on the premises located at 27 Blossom Street at the corner of the Concord Turnpike, Lexington, the maintenance of a roadside stand for the sale of products raised on the premises. 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 1 1 1 193 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 APPALS OF LEXINGTON (Appointed under G. L. Ch. 40, sec. 27) G. Edward Glynn Edward W. Kimball John A. Lyons Charles E. Ferguson I, Edward.W. Kimball, Clerk protein 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 27th day of June, 1936, to Eva F. Isakson, William B. & Mabel M. Peterson, Eric S. & Agnes D. Peterson, Walter M.- Anna M. Pease, Mary A. Tambini, Henning W. & Axel M. Swenson, Harda Rowe, Curlys L. Slocum, Curlys L. Slocum, Jr., Lexington Lumber Col, Alice L. & Charles T. Johnson, Arthur F. & Edwin W. Hutchinson, Mary E. Gracey, Floyd A. & Aimee S. Bradstreet, James E. Bartlett, Carrie Peterson, Glgdys Jackson,, Jeanette M. Lawrence, Gustaf Nottebeart, Lillian M. Grasby, Harold P. Symons, Ambrose A. B allou, Ethel L. & John F. Daly, William ' & Ruth R. Greer, Robert L. Goinsalvos, LauraT. Mills, Mary A. Mitchell, Jeremiah Shea, Hilda M. Harris, Elizabeth Dunn, Arthur C. & Isabelle Salisbury, Emilia Ferreira, Warren B. Lawrence, Gabriel D. & Maria Paiva, John A. & Hazel L. Sellars, Tekla Berlin, Louis J. Reynolds, Emily M. Leonard, Antonio J. Lima, Mabelle S. Thompson, Mary A. Wry, Frank L_ T. and Esther 0. Carlman, William J. & Mary A. Armstrong, and Roy C. Peterson, and also advertised in the Lexington Minute -Man on June 25, 1936, a notice of which the folldwing Is a true copy. Edward W. Kimball Clerk pro -tem, Board of Appeals. June 18, 1936. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application o? section 9F of the Lexington Zoning By-law with respect tothe premises at No. 27 Blossom Street owned by Eric S. Peterson of Lexington by permitting 194 the following: Roadside stand for selling fruit and vegetables and poultry raised on the premises. , Rov C. Peterson (signature) 27 Blossom Street (Address) N O T I C E Lexington, Mass. June 25, 1936. The Board of Appeala will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Eric S. Peterson and located at 27 Blossom Street, Lexington, the maintenance of a roadside stand for the sale of fruit, vegetables, and poultry raised on the premises 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 July 16, 1936, at 8:00 P.M. in the Selectmen's Room, T own Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting held on June 19th were I approved. The meeting adjourned at 9:30 P.M. A true record, Attest: Clerk, Pro -tem. 1