Loading...
HomeMy WebLinkAbout1937-03-26U BOARD OF APPEALS MEETING. MARCH 26, 1937. A meeting of the Board of Appeals was -held in the Selectmen's Room, Town Office Building, on March 26, 1937'at 8;00 o1clock P.M. Chairman Maddison and Messrs. Glynn, Robbins, Ferguson and Associate Member John A. Lyons were present. The secretary was also present. At 8:00 P.M. hearing was declared open upon the application of Sidney B. and Margaret W. Heywood for permission to enlarge the building located at 271 Marrett Road, Lexington. The notice of the hearing was read by the Clerk, Mr. Robbins. Mr. and Mrs. Heywood, and their builder, Mr. J. L. Douglass, appeared in favor of the granting of the pel}mit. Mr. Douglass presented a drawing of the proposed ' addition. Mr. Lyons asked what the addition was going to be used for, and Mr. Heywood said,that it would be used for bedrooms and bathrooms, and that it was his intention to have all the dining rooms in the front of the house. He said that they needed more bathrooms for guests and for the help. The addition will be 36' by 131, and will be two stories high. Mr. Douglass said that, coming from Waltham Street toward Arlington, only one corner of the addition will be visible from the street. The Chairman asked if plans of the addition had been filed with the Building Inspector, and Mr. Douglass said that he did not file any plans, as he did not wish to go to the expense of having plans made up until he knee whether or not he was going to be allowed to make the addition. Mr. Glynn asked how far back the house set, and he said that he thought the house set back about thirty feet from the bound in the sidewalk. Mr. Glynn asked if the Heywoods had any guests that stayed overnight, and they said that they did not. Mr. Ferguson asked if the additional bedrooms were for the help, and Mr. Heywood said that they were entirely, and he also was figuring on having a living room for the help. ' The Chairman asked Mr. Heywood to have the plans blue- printed, and a copy filed with the Board of Appeals. 284 Mr. Frank Neal was present at the hearing, and he ' said that he had no objection to the addition. No persons appeared in opposition, and it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, see. 27, having received a written petition addressed to it by Sidney B. and Margaret W. Heywood, 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 26th day of March, 1937. One associate and 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 Mr. and Mrs. Sidney B. Heywood desired to make certain im- pruvements and additions to the house at 271 Marrett Road, Lexington, known as "The Old House" for better accommodation of their guests and better living quarters for their help. They presented a plan showing the proposed additions and stated that no change was contemplated in 'the Marrett Road exterior of the building, that the addition would not show except probably from the Marrett Road side looking from Waltham Street. The petitioners stated that they intended to continue to operate the house as at present, that is, no lodging for paying guests, but simply for the serving of meals. At the close of the hearing the Board in private session on March 26th, 1937, gave consideration to the subject of the petition and voted unanimously in favor of the following findings,- 1, indings: 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. 285 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 relies' 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 unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Sidney B. and Margaret W. Heywood to enlarge the existing building at 271 Marrett Road in accordance with plans presented to the Board of Appeals on the condition that the house is to be operated as at present,.that 3s, to be used for the serving of meals only, but not for lodging purposes. 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 pres- ented 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. 40, Sec.27) A. N. Maddison Charles E. Ferguson Howard W. Robbins C. Edward Glynn 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 5th day of March, 1937, to Jeanette B. Fountain, Thomas & Katherine H. Walsh, Warren S. Grant, Ralph E. and Florence V. Cox, Robert Gozzi, Anna M. Gott, Elizabeth C. Phelps, Gaetano & Berta Francescelli, Camile & Anna Tremblay, Mary Marshall, Henry Saarm, George A. Givan, Lulu M. Blake, George W. and Helen M. Ewing, Jennett L. Bennett, Edward Crouch, Edward Rogers, Neil McIntosh, Hiram Rossman, Heirs of, Vere C. Champlin, E. J. Weldon Morrison, Hazel B. Morrison, Lexington Co-op. Bank, Sidney B. & Margaret W. Heywood, Jennie M -Partridge, Thomas & Matilda Davison, William F. and Jennie A. Downe, Catherine F. Stevens, Elizabeth Keefe, William O'Connor, Evelyn B. Soar, Howard J. & Nellie M. Saunders, David & Sarah Gaddis, Charlotte L. and Helen G. 286 ^v Murphy, Josephine Nunan, Mary J. and Anne E. Marshall, Standard Oil Co. of N. Y. Inc., Medford Trust Co., ' Grace L. Hinckley, Frederick H. Capper, Edgar W. and Marrion B. Houghton, Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, North 6ambridge Co-op. Bank, Lawrence A. and Eleanor Husted, Irene S. Murphy, Charles J. and Margaret F. Martin, Patrick Malloy, Aubrey and Sadie W. Caldwell, Clarence E. and Catherine M. McElman, Margueret E. Comman, Minnie M. Ryder, Louise J. Carter, Herbert W. and Etta C. Torsleff, William D. MacDonald, George G. Whiting, Fritz Wihtol, Thomas G. Whiting, William H. Smith, Alice L. Tebbetts, Bernard Janney et al trs., Middlesex Station Trust, Mary & Margaret S. Macken2ie, Fuelite Nat. Gas Corp., Ralph E. and Alice Deloid, and also advertised in the Lexington Minute -Man on March 4, 1937, a notice ct which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. March 2, 1937 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 27, to vary the application of Section 9A of the Lexington Zoning By-law with respect to the premises at No. 271 Marrett Road, owned by Sidney B. and Margaret W. Heywood of Lexington, Mass., by permitting the follow- ing: Construction of addition on rear of present house, size 13 x 36, two stories. Sidney B. Heywood (Signature) 271 Marrett Road (Address) N 0 T I C E March 4, 1937 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 Sidney B. and Margaret W. Heywood, and located at 271 Marrett Road, Lexington, ' the enlargement of the existing building, 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 March 26, 1937, at 8:00 P.M. at the Selectmen's Office, Town Office Building, Lexington, Mass. Arthur N. Maddison Chairman, Board of Appeals. The records of the meeting held February 26, 19370 were approved. Mr. Calvin W. Childs, Mr. Robert Whitney, and the Building Inspector appeared before the Board. Mr. Childs said that he had made application for a building permit, and had received a letter from the Build- ing Inspector denying the permit. He said that he under- stood that the reason Mr. Longbottom had refused to issue him a permit was because of the basement, and both of his present buildings have basements. He said that the base - went was not an oversight on his part, that he fully in- tended to have a basement from the beginning. He said that his plans provide for three greasing stalls, but that there were really only two pits. He asked if there was anything about the plans that was not all right. The Chairman said that the plans called -for a larger building than he was given a permit for the Board of Appeals. Mr, Childs said that he thought it would be best to add an extra berth, as he thought it would be cheaper in the end. The Chairman said that the members of the Board of Appeals felt that it looked as though he•was having a full-fledged service station rather than a gasoline filling station, and that was not what the Board granted. Mr. Glynn asked what Childs needed the third berth for, and Childs replied that he thought it would be good bus- iness to have that additional space, as even with two pits it was still possible to have a car come in with a flat tire. Mr. Childs said that he intended to have a trouble car at this station. He said that there was no question but that it would be necessary to plow snow, and it could be used for that.• Also, the State police always move automobile wrecks to the nearest garage to get them off the road, and he wanted to cooperate with them. He said that the three stalls in the basement could also be used for the storage of the help's cars. He said that he did not want to have cars parked around if it was going to hurt his business. He thought that the basement was ' a great addition to the wilding. Mr. Glynn asked if a parking space in the rear would not take care of the situation as well. Mr. Childs said that there had been quite a lot of talk about the parking of cars, and as the customer's cars would take up some of the space, he wanted to have plenty of room for them. Mr. Lyons asked how many cars he expected to have parked there, and Mr. Childs said that two men would be employed at the station regularly, and sone times there would be three, and that all of the men drove their own cars. Mr. Whitney asked if by "service station" the Board was thinking of a repair station, or a station for the sale of accessories, etc. He said that Mr. Childs had no intention of maintaining a repair station. Mr. Lyons asked how many cars Mr. Childs intended to take care of in the basement, and he said that four cars could be stored there. Mr. Glynn said that when Mr. Childs brought in his application originally, all he showed was an ordinary one story filling station, and made no reference to having any basement, and now, after getting his permit, he was bringing in an elongated building, with other facilities that were not contemplated. Mr. Longbottom said that Mr. Childs had taken issue to his stand on the doors, and that the doors did not conform to his plan filed originally. He said that Childs was planning on having double doors between the service station and the display room, and he questioned his authority to tell him what kind of doors he could have. Mr. Lyons asked if there was any intention to store cars in the basement for which he would receive pay, and Childs replied in the negative. He said, however, that if a car was brought in with trouble it would be stored in the basement so that nothing would be stolen. Mr. Lyons asked him if he planned to have a mechanic at the station, and he replied that he did not. Mr. Glynn asked what filling stations like'the Jenney stations had, and Mr. Childs said that most of the stations being built now had two berths. Mr. Childs said that he had received permission for a filling station and a show room, and that this building was substantially as shown in the beginning, excepting that he had shown an extra berth, The Chairman said that no permission was granted for a show room. Mr. Childs said that he understood that he would have to apply for a permit for a show room. Mr. Childs repeated that this plan was substantially the same as the original plan with the exception of the extra berth and a different door, and said that later on he probably would come in and apply for a permit for a show room. The Chairman said that this was not what he asked for, that was all. He said that he thought a greasing station would go with a filling station, but a permit fcr 1 1 It was the feeling of the Board that the additional bay should be eliminated; that the two sets of doors would be all right; and that the basement should be excavated for storage, and that it should have only one large door for trucks to back in; and that the rest of the building should conform to the original plan. The Chairman so advised the Building Inspector. The meeting adjourned at 9:50 P.M. A true record, Attest: ' Clerk. 1 289 the sale of accessories would not ordinarily go with it. ' He said that it seemed from the plans that the additional bay was put in purely for a show room, and Mr. Childs said that that was absolutely right. Mr. Lyons asked what Childs was going to use the basement for, and he said that he was going to use it for storage. The Chairman said that Childs did need storage space, and that was why the Board voted in the first place to allow him storage space. Mr. Childs and Mr. Whitney retired. It was the feeling of the Board that the additional bay should be eliminated; that the two sets of doors would be all right; and that the basement should be excavated for storage, and that it should have only one large door for trucks to back in; and that the rest of the building should conform to the original plan. The Chairman so advised the Building Inspector. The meeting adjourned at 9:50 P.M. A true record, Attest: ' Clerk. 1 289