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HomeMy WebLinkAbout1936-10-23216 Cn b BOARD OF APPEALS MEETING OCTOBER 233 1936. ' A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 FOM. Ohairman Maddison and Messrs. Glynn, Kimball and Ferguson were present. The Secretary was also present. Chairman Maddison appointed Mr. Glynn Clerk pro -tem in the absence of Mr. Robbins. At 8:00 P.M. hearing was declared open on the appli- cation of William A., Philip, and R. Lockwood Tower for permission to erect three 4' by 8' signs, two on Follen Road and one on Marrett Road, to advertise the land on which they are located. The notice of the hearing was read by th8 Clerk pro - tem. Mr. Louis Reynolds represented the Towers, and stated that it was planned to erect two signs on Follen' Road about 200 feet in, and one on Marrett Road about 100 feet in. Mr. Glynn asked if the land was on both s ides of Follen Road, and Mr. Raynolds said that it was. There are 130 acres of land with 20 acres on one side, and the rest on the other side. , Mr. James Peirce of 65 Marrett Road stated that he had no objection to the erection and maintenance of the signs. He said that he was interested in the type of development that was contemplated. Mr. Reynolds said that they had figured on half -acre lots and houses costing at least $10,000 above the ground. Mr. F. W. Coleman spoke about limiting the houses to ones costing this amount. No persons appeared in opposition. The hearing was declared closed at 8:25 P.M. Mr. Glynn moved that the permit be granted in the following form, and it was so voted: (Mr. Robbins wishing to be recorded in favor. BOARD OF APPEALS PEINIT. The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by W111iam A., Philip, and R. Lockwood Tower, 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, in the , Town Office Building on the 23rd day of October, 1936. 217 ' Four 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 they were develop- ing their land located on Marrett Road and on two sides of a portion of Follen Road, and wished to maintain three signs 41 by 81, advertising the land on which they are to be located. The proposed development was explained to the Board. �Io one appeared in opposition. At the close of the hearing the Board in private session on October 23rd, 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 provisions 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 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 be necessary to permit !Pulliam A., Philip, and R. Lockwood To,mrer to erect on their land located on Marrett and Follen Road three signs 41 by 81, advertising this development; one to be located near Marrett Road and one on either side of Follen Road; the signs -to be placed at least 200' from the respective streets; said signs to be kept in a neat and attractive condition at all times. This permit to expire three years from date. 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 218 �c said hearing, that this including that herein summarized, record immediately following this and directs decision shall ' be filed in the office of the Town Clerk of Lexington and shall be oven 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, Sec.27) A. N. MADDISON EDWARD W. KIMBALL C. EDWARD GLYNN CHARLES E. F'-MGUSON HOWARD W. ROBBINS I, C. Edward Glynn, Clerk Pro -tem 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 10th day of October, 1936, .to Lillian M. Wilkins, James G. Prout, Chester G. Peck, Arthur H. Parker, Mary T. Muldoon and Agnes C. Schlichte, Philip C. Lockwood, Tr., Jeanne E. Leray, 'Marren G. and Rena Zai. Lawson, Robert J. Kelley, George F. and Anastasia Harrington,. Ernest S. Glawson, Ernest and Virginia K. Cutter, Bertha M. L. Borgstrom, Katherine ' E. Allcock, Harry B. and Mabelle E. Benson, Guillermo and Mary F. Rivera, H. Dudley Tawphy, Edwin B. and Carolyn D. Ide, Francis &- Dorothy Chamberlain, William A. and Frances E. Cann,'Alinthrop F. and Priscilla P. Potter, State Holding Corp. of Cambridge, Laura A. Osborn, Lloyd M. Jr. and Evelyn E. Hendrick, Clarence H. and Anne B. Conroy, Clarence B. and Cornelia L. VanWyck, Janet T. Smith, Harold J. and C. Louise Cox, T. Russell Keery, Alice C. Mellow, Frederiick W. and Anna H. Mosher, Charles G'Osgood, Richard A. 'Mason, Charles B. and Ora G. Wendell, Lawrence G. Dutton, Thomas J. Jr. and Mary M. Donnelly, Herbert S. and Marion W. Cullington, Edward J. Crosby, Clarence 0. Burke and Howard Chambers, William A. and Grace F. Apel, James P. and Doris H. Connelly, Maria Hell - berg, Lewis L. and Jeanette E. Hoyt, George M. and Agnes C. Hynes, Wilson v., Leighton, Charles E. Mathaurs, Lyle L. and Jessie M. Morse, Romer J. and Helen G. Potter, Luther R. and Annie F. Putney, Arthur A, and Eva M. Ridgeway, Robbins and Smith, Inc., William N. and Elizabeth Robbins, Otto V. Rose, George E. and Mildred E. ',Nyman, George W. and Anna E. Bone, Dorothy M. Little, Benjamin J. Jr. and Myrtle L. Mayo, James McDevitt, John J. and Mary A. McSweeney, Eugene A. and Alma T. Morgan, Stanley I. and Margaret A. Phalen, Dominic F. and Agnes L. Ross, Percy C. Smith, Steele Lindsay, Douglas T. and Mildred K. Gleason, Allan G. and Mary S. Galt, Katherine F. Cameron, Henry and Antoinette W. Brask, Stella M. Bradford, A 1R, C" 1 k[ Elizabeth Nunn, James A. and Barbara F. Peirce, May H. ' Moulton, Maud T. Sherburne, Dais* G. Wilson, Mary E. Dailey, Charles B. Meek and William A., Philip and R. Lockwood Tower and also advertised in the Lexington Minute-Pilan on October 8th, 1936, a notice of which the following is a true copy. M C. Edward Glynn, Clerk, Pro -tem, Board of Appeals October 6, 1936. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General laws, Chapter 40, Section 227, to vary the application of Section 9a of the Lexington oning 3y -law with respect to the premises at Follen Road owned by William A., Philip and R. Lockwood Tower of Lexington by permitting the following: Install three 41 by 81 signs, two'on Follen'Road and one on Varrett ' oad advertising 113 acres for subdivision. Louis J. Reynolds Signature 1736 Plass, Ave. Address. 1 N 0 T I C ET October 8, 1936, Lexington, Mass. 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 w'Villiam A., Philip, and R. Locl:- wood Tower, and located on Follen Road, the maintenance of three 41 by 81 signs advertising the land on which they are located, under the Lexington Zoning Law or in accordance with Chanter 40, Section 27A of the General Laas and amend- ments: Tile hearing will be held at the Selectmen's Room, Town Office Building, on October 23rd, at 8:00 o'clock P.P`. Arthur N. Maddison, Chairman, Board of Appeals. Pi P 220 The Board then discussed the application of Augustus J. Silva for permission to enlarge the roadside stand at ' 643 Waltham Street. Mr. Glynn stated that the stand was entirely built before the a nplicant sought a permit; that it was built nearer than twenty 'feet from the road; that it was fifty or sixty feet long, and seemed to be entirely out of proportion to the needs of a stand at that locaticn, as to size. The Board examined the plan prepared by the Town Engineer which showed the buildings, with the exception of the main building, to be inside of twenty feet from the line 'of Waltham Street, and also showed that the build- ings extended over sixty feet. It was the feeling of the Board that 'waltram Street was a very much travelled thoroughfare and to grant the petition of Nr. Silva would be a detriment to the neighborhood. Mr. Glynn moved that.the application be denied in the following form, and it was so voted; (Mr. Robbins desiring to be recorded as voting to deny the petition) The, Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written petition addressed. to it by Augustus J. Silva 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 pub- lished in Lexington, which hearing was held in the Select- men's Room, in the Town Office Building on the 9th d a y of October, 1936. Four 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 he had had a roadside stand at 643 '41altham Street since prior to the enactment of the Zoning Law, and that he desired to extend the same about 301, making the total length about 501, including the main building and other stands, and that he planned to have the stand set back 20T from Waltham Street in order to allow cars to drive in. He stated that his present building was 121 long, 101 wide, and BT high, and also stated that the present stand is 201 back from the street line. 221 At the close of the hearing the Board in private session on October 23rd, 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 maleing of the exception requested. 2. That the _exception requested w ill 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 By-law. 4. That the enforcement of the Lexington Z oning 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 f indings, the Board hereby denies the said petition of Augustus J. Silva for per- mission to enlarge the existing roadside stand at 643 Waltham Street, Lexington. The Board hereby makes a detailed record of all its proceedings relativeto 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 hear ing, 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 APPALS OF LEXINGTON (Appointed under G.L. Ch, 4014 Sec.27). A. N. NADDISON C. EDWARD GLYNN EDWARD 'd. KIMBALL CHARLES E. FfR GUSON H014VARD W. ROBIINS. 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 18th day of September, 1936, to Joseph F. and Au7usta E. Clark, Chester F. and Helen E. Cotter, William H. and Mary E. Devine, Annie McMakin, Mary B. Wall, 222 Agnes I. 'J'lhite, Axel and Henning Swenson, Farwell E. and Annie L. Thayer, Cdtherine Ross, Charles H. Livermore, P;iary S. Condinho, James Cook, Ethel L. and John F. Daly, Ervin R. Dix, Robert H. and Olive E. Eldridge, Olive R. Faria and Agnes F. Lima, Emilia Ferreira, Luigi Ferrazzani, Annie Katkoff, Emily M. Leonard, Anthony J. Lima, James and Agnes F. Lima, Joseph H. and Susannah Potter, David A. Rix, Marie G. Rose, Arthur C. and Isabelle Salisbury, James S. Reardon, Gabriel D. and Maria Paiva, Lulu M. Blake, Annie T., Mary F., and Letitia Carroll., Tekla Berlin, Fred Bailey, Antonio Umbrello, Mabelle S. Thompson, Eliza H. Syme, Augusta J, Silva, and also advertised in the Lexington Minute -Man on September 24th, 1936, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. Dept. 17, 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 281, to vary the application of section 9f of the Lexington Zoning By-law with respect to the premises at No. 643 Waltham Street owned by Augustus J. Silva of Lexington by permitting the following: Enlargement of the existing roadside stand. Augustus J. Silva (Signature) 643 'Naltham St. (Address) X 0 T I C E Lexington, Mass. September 18, 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 Augustus J. Silva, and located at 643 1,7altham Street, Lexington, the enlargement of the existing roadside stand, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the Gen- eral Laws, and amendments. 0 �c 1 223 The hearing will be held on October 9, 1936, at 8:00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. ' Arthur N. Maddison, Chairman, Board of Appeals. The meeting adjourned at 9:05 P.Y. A true record, Attest: