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HomeMy WebLinkAbout1936-08-06199 BOARD OF APPEALS MEETING I AUGUST 6, 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, Kimball, Robbins, Steeves and Lyons were present. Mr. Glynn acted as Chairman Pro -tem in the absence of Mr. Maddison. The Acting Secretary was also present. At 8:00p P.Y. hearing was declared open on the application of Charles IN. Ryder for permission to maintain a real estate office and sign 9'x 9 feet for a term of two years. No persons appeared in favor or in opposition. Upon motion of Mr. Lyons, seconded by Mr. Kimball, the reading of the notice was waived. Mr. Glynn stated that in 1934, Mr. Ryder was granted a license to maintain the real estate office for one year and the sign for two years. He stated that under Section 9D, a permit for the office could only be granted for one year. The Board discussed the matter and it was their opinion ' that the license for the sign should also be granted for one year only. The application requested a sign 9 x 9 feet, but it was noted that the previous license for a sign granted permission for a sign 9 x 6 feet. Upon motion of Mr. Lyons, seconded by Mr. Kimball, it was unanimously voted to grant the permit for a real estate office for one year, and a sign, 9 x 6 feet, for one year, 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 Charles W. Ryder a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the ouvners 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 Lex- ington Minute-1.1an, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 6th day of August, 1936. Two associate and three members of the Board of Appeals were present at the hearing. A certificate of notice is a, hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he desired to maintain an office building approximately 12 x 16 feet on the development at Waltham Street and Winthrop Road extension; 200 M also a sign 9 x 9 ft. and desired a permit for two years. ' No one appeared in opposition. At the close of the hearing the Board in private session August 6th, 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 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 prov- isions 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 1 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 Charles W. Ryder to maintain the existing real estate office situated at the corner of Waltham Street and Winthrop Road extension and that this building shall be used only for the purpose of selling lots situated in the sub- division on which it is located; also a reale state sign not greater than 9 feet long by six feet in height advertising only the sub -division on which it is located, and set back at least forty feet from Waltham Street and twenty feet from Winthrop Road extension, both of tle se structures for a period of one year. Both structures shall be maintained in a state of repair satisfactory to the Building Inspector and shall be removed from the property upon the expiration of the above permit or any succeeding permits. 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 testiilony presented at ' the said hearing, including that herein summarized, and directs that this record immediately f ollowIng this decision 201 ' 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 A-�:LUS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) C. Edward Glynn Edward UJ. Kimball Howard W. Robbins Clyde E. Steeves John A. Lyons 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 25th day of July, 1936, to Arthur N. & Minnie C. D. Maddison, Ada H. Rowse, Beatrice H. Lamont, William H. Driscoll, Annie Harrington, Grace P. Brown, Louella F. Morang, Florence Sullivan, Tr., Harold C. & Alice L. Ashley, Minola M. Black, Marion Brown, Henry C. & Della M. Gadd, Mildred M. Hilliard, Ashburn C. Kilgour, Kenneth C. & Lillian A. F. Ringer, Abbie E. S4 -evens., Ellen S. Trowbridge, J. Joseph & Anne T. Hurley, Beatrice F. Morse, Florence L. Nickerson, Blanch T. Nilson, Anne F. Rudd, Margaret M. Gallagher, Daisy MacAlpine, Arthur C. ° Dorothea Dodge, Ridhard J. Burke, Camillo & Elisa Appollonio, Gaetano & Berta Francescelli, Rachela Belcastro, George Givan, Mary Marshall, Edward F. Rogers, Wallace P. Lyon, Jennett L. Bennett, Henry W. B. Cotton, Louise J. Carter, Lulu M. Blake, George H. Peterson, Stella M. & Frank P. Herrick, Elizabeth F. McIntosh, Anna N. Lane, Mary S. H. Ellis, Mildred Beatty, Charles D. W iswell, Tr., Alice M. & Albert A. Ross, Florence A. Gilcreast, Walter G. Black, George H. & Emma A. Gibson, Clarrie H. Mulliken, John E. A. Mulliken, William E. Mulliken and Charles W. Ryder, and also advertised in the Lexington Minute -Man on July 23, 1936, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. July 20, 1936. Lexington Board of Zoning Appeals Town Office Building Lexington, buss. ' Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, 202, �c to vary the application of section 9D of the Lexington ' Zoning By-law with respect to the premises at corner of Waltham St. and Vinthrop Road Extension owned by Charles Vi. Ryder of Lexington, Mass., by permitting the following; Real Estate Office and sign 9 x 9 for a term of two years. C. 'X. Ryder (Signature) 277 Waltham St. (Address) Lexington, Mass. N 0 ^1 I C E Lexington, Mass. July 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 Charles W. Ryder and located at the corner of Waltham Street and Winthrop Road Extension, Lexington, the maintenance of a real estate officd and sign, 9 x 9 feet, 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 August 6, 1936, at 8:00 P.M., in the Selectments Room, Town Office Building, , Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting of July 30, 1936 were approved. The meeting adjourned at 8:35 P.M. A true record, Attest; lerk.