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HomeMy WebLinkAbout1937-02-12267 ' BOARD OF APPEALS MEETING February 12, 1937. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 o'clock P.M. Mr. Howard W. Robbins and Associate Member John A. Lyons were present. The Secretary was also present. Mr. Lyons acted as Chairman in the absence of Mr. Maddison and Mr. Robbins acted as Clerk. At 8:00 P.M. hearing was deblared open on the application of the Lexington Trust Co. for permission to move a small office building from Block 1, lots 31 and 32 Harding i.oad to Block 6B lot 12 Harding Road. The notice of the hearing was read by the Chairman. Mr. James F. Little, the agent employed by the Lexington Trust Co., appeared in favor of the granting og the petition and presented t -plan of the development. Mr. Little said that the place where he vianted to move the building was where he wanted to locate it orignally but the lot was too low. Two years ago the lot was filled in with about six loads of material. At the present time the building is located very close to the house owned by Wilbur H. Abbott, 14 Harding Road and in the past year a house was built ;kbroas:�;thi�Gttrebtcfroih>-Mr.'.Abbott�s, ' Another house Was built'the`next lot but one from the office building. Mr. Little said that the original plan was incorrect and when the office building was erected, it was found to be practically on Mr. Abbott's line. The building has been in existence about seven years. He said that they planned to move the building, paint it and make it attractive. It would be situated directly behind the Manor Cresent Building and Ormond's market. The building was originally a one car garage, one story high, about ten feetb�y eighteen feet. Mr. Wilbur Abbot�of 14 Harding Road :stated that he was in favor of the granting of the petition. He said he thought the building was an eyesore and in order for Mr. Little to gain access to it, he has to use Abbott's drive. At the present time the building is a direct violation of the Building Laws because it is not seven and a half feet from the line. Albion W. and Cora B. Newell who own lots 7, 8, 9, and 10, appeared at the hearing. Mr. Newell said that they were not objectors, but wanted some information. He asked why it was necessary to obtain consent to move the building from on�61ot to another, and Mr. Lyons stated that it was because of the Lexington Zoning By-law. Mr. Newell wanted to know if the moving of the building to lot 12 would open up that section for business and Mr. Lyons said that it would not. He told Mr. Newell that if the Board decided to grant the petition, it could be a condition of the permit, however, that no business could be allowed on ' the lot. Mr. Newell repeated that he had no objection to the granting of the permit. 268 Mr. Little said that the building would be set back the proper distance. ' No other persons appeared in favor or in opposition and the hearing was declared closed at 8:20 P.M. It was voted to grant the petition in the fallowing form, Messrs. Maddison, Ferguson and Kimball wishing to be recorded in favor: The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by the Lexington Trust Co. a copy of which is hereto annexed held a public hearing thereon of *hick 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 7th day of February, 1937. Two, members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered in behalf of the petitioner tend- ing to show: James F. Little, representing the Lexington Trust Co., explained that the building that they desired to move?is now located on lots 31 and 32, Harding Road, Block #1, very close to the house owned by Wilbur H. Abbott of 14 Harding Road, and that other -houses had been built nearby. Furthermore, it is practically on Mr. Abbott's line, owing to an error when thebuilding was built. They desire to move the building to Lot #12, Harding Road, Block 6B, directly behind the Manor Crescent Building, and Ormondvs market. They intended to paint the same and put it in good condition. No one appeared in opposition. At the close of the hearing the Board in private session on February W, 1937 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the p.ubli& 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 1 1 269 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 unani- mously decides that the application of the.said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Lexington Trust Co. to move the small office build- ing from Lots 31 and 32, Harding Road, Block.l to Lot 12, Harding Road, Block -6B, subject to the following conditions: That it shall be used only for the land of which the Lots re- ferred to are part of the development; that no sign larger than 31 by 2t shall be placed on the building; that it shall be maintained in good repair and condition; this permit to be good for one year from the date hereof. The Board hereby makes a detailed record of all its pro- ceedings 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, includ- ing that herein summarized, and directs that this record immed- iately 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, Sec. 27) Charles E. Ferguson Howard W. Robbins John A. Lyons I. Howard W. L38bbins, Clerk of the Board of Appeals of Lexington, appointunder General Laws, Chapter 40, Section 272 hereby certify that I sent by postage certificate of mailing on the 29th day of January, 1937, to Alice E. and William T. King, Waverly Co-op. Bank, Cora B. Newell, Lexington Trust Co., Stand- ard Oil Co. of New York, Inc. Margaret E. Ormond, Clarence H. Gleason, Ethel Osgood, Doris & Mary E. Kendrick, Harold & Jessie Michelson, Ella H. McCloskey, Waldo S. Plastridge, Lucetta S. Abbott, Palmyra P. Cabeceiras, Lulu M. Blake, Catherine G. Montana, Marion Daniels, Helen L. Warrington, Leon C. and Grace L. Burt, Charles L. and Elizabeth Coburn, and also advertised in the Lexington Minute -Man on January 28th, 1937, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. 270 January 25th, 1937. 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 of the Lexington Zoning By-law with respect to the premises at Block 11 Lot 31-32 Harding Road owned by Lexington Trust Co. of Lexington by permitting the following: Moving small office build- ing to Block 6-B Lot 12 owned by Lexington Trust Co. NOTICE Lexington Trust Co.(Signature) 1822 Mass. Avenue (Address) By James F. Little, Agent. Lexington, Mass. January 27th, 1937. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the Lexington Trust Co. to move a small office building from Block 1, Lots 31-32 Harding Road to Block 6-B2 Lot 12 Harding Road owned by the Lexington Trust Co., under the Lexington Zoning Law o r in accordance with Chapter 400 section 27A of the General Laws and amendments. The hearing will be held On February 12th, 19370 at 8:00 P.M. at the Seleetmenta Room, Town Office Building. Arthur N. Maddison Chairman, Board of Appeals. The meeting adjourned at 8:25 P.M. A true record, Attest: Clerk. E 1 Li