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HomeMy WebLinkAbout1937-10-08 79 BOARD OF APPEALS HEETING October 8, 1937 A meeting of the Board of Appeals was held in the Sel- ectmen' s Room, Town Office Building, at 8:00 P. H. Messrs. Maddison, Ferguson, Glynn, and Robbins were present. The Secretary was also present. At 8:00 P. L . hearing was declared open upon the appli- cation of Charles W. Ryder for permission to maintain a real estate office and sign, 9 x 9 feet, at the corner of Waltham Street and Winthrop Road extension. The notice of the hearing was read by the Clerk, Lir. Robbins. Mr. Greeley, the Chairman of the Elanning Board, appeared at the hearing. Yo one arpeared to oppose the granting of the petition. The hearing was declared closed. Mr. Glynn moved that the permit be granted in the same form as the previous permit, and that it expire on August 6, 1938. Mr. Ferguson seconded the motion, and it was so voted. The Chairman informed the Board that Mr. Kimball wished to be recorded in favor of the granting of the petition. The permit was granted in the following form: BOARD OF APPEALS t'ERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec . 27, having received a written petition addressed to it by C larles W. Ryder, a copy of which is hereto annexed held a public hearing thereon of which notice was mailed to the pe- titioner 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 8th day of October, 1937. 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 tend- ing to show: No one appeared in favor or in opposition to the granting of the permit . At the close of the hearing the Board in private session on October 8, 1937 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. 80 CZ 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 pro- visions 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 -ranted without substan- tially derogating from the intent or purpose of such Lex- ington 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 real estate 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 `idinthror Road extension, both of these structures for a period expiring August 6, 1938. Both structures shall be maintained in a state of repair satis- factory to the Building Inspector and shall be removed from the property uron the expiration of the above permit or any succeeding pernits. 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 herein- before 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 open to public inspection and that notice of this de- cision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under C.L. Ch. 40, Sec. 27) A. N. Maddison C . Edward Glynn Howard W. Robbins Charles E. Ferguson Edward 11. Kimb al l 81 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 20th day of September, 1937, 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, - arion Brown, henry C . & Della M. Gad, Mildred H. Hilliard, Ashburn C . Kilgour, heirs of, Irma L. Dowling, Kenneth C . and Lillian A. F . Ringer, Abbie E. Stevens, Ellen S. Trowbridge, J. Joseph & Anne T . Hurley, Beatrice F. Morse, Florence L. Nickerson, Blanch T . Nilson, Anne F. Rudd, Margaret L . Gallagher, Daisy MacAlpine, Arthur C . Lorothea Dodge, Richard J. Burke , Camillo & Elisa Appollonio, Gaetano Berta Franceschelli, Rachela Belcastro, George Givan, Marl* Marshall, Edward F. Rogers, Jennett L. Bennett, Ruth C . E. Cotton, Louise J. Carter, Lulu M. Blake, George M. Peterson, heirs of, Stella M. EA. Frank P. Herrick, Elizabeth F. McIntosh, Anna N. Lane, Mary S . H. Ellis , Mildred Beatty, Charles D. Wis- well, Tr. , Alice M. &. Albert A . Ross, J. Jerauld & Ellen A. Buck, Y6falter G. Black, Cla ,rie H. Mulliken, John E. A . Mulli- ken, William E. I•Iulliken John E. O'Connor, Charles W. and Robert L. Ryder, Harold S . 1 Mabel D. Johnson, Charles W. Ryder, and also advertised in the Lexington Minute-Man on Sept . 16th, 1937, a notice of which the following Ls a true copy. ' Howard I. Robbins Clerk, Board of Appeals. Sept. 1E, 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 9D of the Lexington Zoning By-law with respect to the premises at corner of aitham Street and Winthrop Road owned by Charles W. Ryder of Lexington, Mass. , by permitting the following: Real Estate office and sign, 9 x 9 for a term of two years. Charles W. Ryder (Signature) by Philip D. Clark 277 Waltham Street (Address) Lexington, Mass. 82 BOARD OF APPEALS NOTTCL Lexin-ton, Mass. Sept. 16, 1937 The hoard 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, Lex- ington, the maintenance of a real estate office and sign, 9 x 9 feet, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amend- ments. The hearing yr 11 be held on October 8th, 1937 at 3:00 P . 7 . , in the Selectmen ' s Room, Town Office Building, Lexing- ton. Arthur N Maddison, C_ln firman, Board of Appeals. The records of the meetin_ held on Sertember 24th were declared a-proved. The meeting- adjourned at 8: 15 P. M. ' A true record, Attest: /4-1/°.62*. 4 S3 BOARD OF APPEALS MEETING-OCTOBER 29, 1937. A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P. M. Chairman Maddison and Messrs. Kimball, Glynn and Ferguson were present. The Secretary was also present. At 8:00 P. M. hearing was declared open upon the application of Mary G. Mullen and Mary A. Welsh for permission to construct and maintain a lubricatorium to be used in conjunction with the sale of petroleum products at 301 Massachusetts Avenue, Lexing- ton. In the absence of Mr. Robbins, Mr. Kimball was elected Clerk Pro-tem. The notice of the hearing was read by Mr. Kimball. Mr. Anselm C . Mullen and his attorney, Mr. Arthur P. Stone, appeared in favor of the granting of the petition. Mr. Stone stated that he appeared before this Board on July 16th, 1937, when the matter was first brought up. He said that the situation had been changed considerably since then by the act of the Town Meeting, when this neighborhood was changed from an R-2 to a C-i District . The matter of the lubricatorium was mentioned at that time, and the significant thing to Mr. Stone' s mind at that time was that there was no objection. He thought it would be an improvement in every respect. Mr. Stone said that Mullen had secured the signatures of a number of owners and occupants living in the neighborhood, and those people are willing to go on record as having no objection whatso- ever. The first time there was some doubt that this Board could grant a permit for a lubricatorium, because the property was in an R-2 zone. The Town Counsel said that the Board could grant the permit now as the property is in a C-1 district. The new building will set back from Mass . Ave. about fifty feet, about forty feet from Fottler Avenue, and the loading platform will be placed in the rear of the building in such a position that it will not be seen by the public. The design of the build- ing will be Colonial, to conform to the architecture of many of the buildings in town. There will be one building with room for one car inside, it will be modern in every respect, and will cost 0500. above the ground. The Chairman asked if the building would be painted, and Mr. Mullen said that it would be painted white over the cement blocks. Mr. Glynn asked what the dimensions would be, and Mullen said that it would be 18' by 24' outside, and the service room would be about 14' by 14' . 84 rtt Stone said that the total frontage would be 32' , and the total depth would be 24' . Mr. Mullen said that the door in front would slide up. overhead. ''he building will be wire-lathed and plastered. The Chairman asked how far back the gas pumps would be, and Mullen said that they would be back about thirty-five feet from the inside sidewalk line. Er. Glynn asked why the lubricatorium had to be 181 wide. Mullen said that the idea was to have plenty of room to work around the sides, and that also he might have stock stored on the sides. Mr. Glynn asked if he intended to do any repair work, and 14ullen said that he would do no garage work of any des- cription. Mr. Maddison asked what he intended to do about the range oil. Mullen_ said that the range oil pump would be in back, and if necessary, he would put up a fence to hide it. Mr. Glynn asked what Mullen' s total storage capacity was, and he said that it was 24,500 Tallons. Mullen said that if the Board had any suggestion for a revision in the plans, he would be glad to make it. Er. Glynn asked what he intended to have up for signs, and he replied that that would depend on Mr. Longbottom; that there was onl-T one sign there now. No persons appeared in op_ osition, and the hearing was declared closed at 8:25 r. M. A statement was presented signed by seven residents of property opposite 301 Mass. Ave. , stating that they had no objections to the erection of the lubricatorium as requested. Upon motion by Mr. Glynn, which was seconded by Mr. Ferguson, it was voted to grant the petition in the following form (Mr. Robbins wishing to be recorded in favor of the granting of the petition: 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 Mary G. Mullen and Mary A. Welsh, 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 rroperty 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-Lan, a newspaper published in. Lexing- ton, which hearing was held in the Selectmen's Room, in the Town Office Building on the 29th day of October, 1937. 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 peti- tioner tending to show: 85 That at the present time there were two old buildings on the premises used in connection with the sale of gasoline and oil and that the petitioners desired to tear these buildings down and erect a building containing an office and lubricato- rium in connection with the sale of petroleum products , and plans showing the proposed building were exhibited to the Board; the petitioner stated that the building would set back 50 ft. from the lot line on Mass . Ave. and 40' from the lot line on Pottier Ave; they stated that the pumps would be at least 30' from the lot line of Mass. Ave. 'lhe petitioners further stated that they intended to remove the present range oil platform and rump from the present location to the rear of t' e office portion of the proposed building. At the close of the hearing the Board in private session on October 29, 1937 gave consideration to the subject of the petition and voted unanimously in favor of the following findin:s: 1. `What 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 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 Mary G. Mullen and Mary A. Welsh to construct and maintain a lubricatorium to be used in conjunction with the sale of petroleum products on the lot numbered 301 Lass . Ave., subject to the following conditions: 1. The building is to be constructed according to the plan submitted and substantially on the lot as explained by the petitioner; 86 Crl 2. That the pumps are to be located in front of the 111 proposed building, at least 30 ft. from the Mass . Ave . lot line. 3. That the present range oil platform and pumps are to be removed from the present location and placed in the rear of the office portion of the building as explained to the Board,. 4. That the approval of the Building Inspector of Lex- ington shall be obtained before any signs are erected on the premises . 5. That no system of illumination of the premises shall be used which will be objectionable to the neighborhood. 6. That the building will be maintained in good repair and condition at all times, and the grounds surrounding the same shall be kept in a neat and clean condition at all times, ,and no storage shall be permitted outside of the building. 7. This permit is not to take effect until the approval of the Attorney General is given to the amendment • o the Zoning By-Laws changing the designation of above premises to a 0 .1 district, adopted at the special Town Meeting held 9/27/37, and the necessary advertising of the same has been completed. 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 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 C . Edward Glynn Edward W. Kimball Charles E. Ferguson Howard ". Robbins I, Edward W. Kimball, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 9th day of October, 1937 to Aristides A . Stat- hopoulos, Antonio and Mary Chella, Francis and Mary Matulaitis, Suburban Land Co., Thomas C. McArdle and Thomas P. Killion., Harold F. Whelpley, John and Isabell Harwood, Monica A. Holland, Middlesex County National Bank of Everett Mass. , Walter H. Lennon, Arlington Five Cents Savings Bank, Pasquale Luongo, Catherine C . Whalen, Medora R. Crosby, Ragna H. Goodmansen, Cambridge Trust Co. , Mary Palladino, Adelina ,iaruzzo, Joseph Nella Cristallo, Clotilde Bertini, Isaac S . & Annie I. Weaver, Elsie M. and George L. raulkner, Mary Alice Manning, 87 George F. k elick, Adeline & Tony Zarella, Hildur Schiorring, Elizabeth J. Lunn, Raphael and Maria Luongo, Francis J. and Mary E. Nevins, Helen and Emily J. Burke, James F. and Annie M. Prendergast, Herbert F. Taylor and Edmond F. Bag- nino Trs., Harry Sandler, Mariano Zarella, Medway Savings Bank, Ragnhild S. Garfield, Peter and Bertha Salvucci, Harold H. and Martha F. Hookwa , Edith Y. White, Calvin W. hilds , Lexington Co-op. Bank, Boston & Lrwell R. R. and Anselm C . Mullen, and also advertised in the Lexington Minute-Man on October 7th, 1937, a notice of which the following is a true copy. Edward W. Kimball Clerk Iro-tem, board of Appeals. Sept. 29, 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 9A or G of the Lex- ington Zoning By-law with respect to the premises at No. 301 Mass. Avenue owned by Mary G. Mullen and Mary A. Welsh of Lexington, by permitting the following: Construction and maintenance of a lubricatorium to be used in conjunction with the sale of petroleum products. A. C . Mullen (Signature) 283 Mass . Ave . (Address) NOTICE Lexington, Lass. Sept. 30, 1937. 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 Mary G. Mullen and Mary A. Welsh and located at 301 Mass . Ave., the construction and main- tenance of a lubricatorium to be used in conjunction with the sale of petroleum products, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amendments. The hearing will be held on October 29th, 1937, at 8:00 P. M. in the "electmen' s Room, Town Office Building, Lexington Mass. Arthur N. Maddison, Chairman, Board of Appealsr 8S The records of the meeting held October 8th were de- clared approved. The meeting adjourned at 9:00 P. M. A true record, Attest: Clerk Pro-tem. e 0