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HomeMy WebLinkAbout1938-02-25 99 BOARD OF APPEALS MEETING February 25, 1938. A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. M. Chairman Maddison and Messrs. Kimball, Glynn, Ferguson, and Robbins were present. The Secretary was also present. At 8:00 P. M. hearing was declared open upon the applica- tion of Edward H. Mara for permission to maintain an office and use part of the building at 9/11 Merriam Street for the storage and sale of grain. The notice of the hearing was read by the Clerk. Mr. Edward H. Mara appeared in favor of the granting of the petition. He stated that the Farm Service Stores, Inc. now owned and operated the grain mill, and were going to dis- continue that and planned to do their business from Waltham. . They did not consider it advisable to move out of Lexington and so had hired his building, and wanted the office and display room. They would keep a small supply of grain in stock so that if a person wanted a bag or two, he could purchase it there. 2'he company did not plan to operate teams from there. Mr. Mara said that he purchased the building in January, 1920, and for thirty-five years before that it was a black- smith shop. It was a blacksmith shop for seven years after he acquired the property, and from that time on it has been run as a paint shop. He requested permission to rent the office and small supply room to the Farm Service Stores, Inc. No persons appeared in opposition. Mr. Mara retired. The adjourned hearing on the application of the Lexington Trust Company for permission to continue to use the existing building located on Harding Road as a real estate office was declared open. Mr. James F. Little, representing the Trust Company, appeared. He stated that they wanted a renewal of the permit to maintain the office in Lexington Manor. He said that the situation was just the same as last year, and that they had made every effort to maintain the office as requested. He presented pictures of the office, and said that no changes had been made. He said that the office was in the rear of the Manor Crescent Building. No persons appeared in opposition. Mr. Little retired. Mr. Glynn moved that the Mara application be granted in the following form: 100 Cn r4 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 Edward A. Mara, 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 tJ 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 Build- ing on the 25th day of February, 1938. All of the 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: That he owned the building located at 9/11 Merriam Street, Lexington; that he had been occupying the same for his paint shop and office; that he desired to rent a portion of the same to the Farm Service Stores, Inc. for the storage and sale of grain. No one appeared in opposition. At the close of the hearing the Board in private session on February 25, 1938 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 wel- fare will be substantially served by the making of the ex- ception 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. 'shat 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 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 neccessary to permit: 101 Edward H. Mara to rent a portion of the building located at 9/11 Merriam Street, Lexington, to the Farm Service Stores, Inc. to be used as an office and for the storage and sale of grain; it being understood that any signs to be placed on the exterior shall be neat and not objectionable to the neigh- borhood. 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 hereinbe- fore 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 Edward W. Kimball ' C . Edward Glynn Charles E. Ferguson Howard W. Robbins 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 8th day of February, 1938, to Helen E. Brennan, William H. Fenn, Lille J. B. Dickey, Margaret F. and Harriett S. Collins, Robert C . and Gordon P. Merriam, Marion T. Hopkins, Boston and Lowell R. R. Corp., Lillian L. Viano, Tr., Lexington Trust Company, George Scott, George E. and Helen S. Smith, Ralph H. Marshall and Edward H. Mara, and also advertised in the Lexington Minute-Man on February 3rd, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of appeals. February 1, 1938. Lexington Board of Zoning Appeals II Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of 102 z Appeals, appointed under General Laws, Chapter 40. Section 27, to vary the application of section 6 (e) of the Lexington Zoning By-Law with respect to the premises at No. 9/11 Merriam Street owned by Edward H. Mara of Lexington by per- mitting the following: To use part of building for office and part for storage and sale of grain. Edward H. Mara (Signature) 11 Merriam Street Lexington NOTICE Lexington, Mass, February 3, 1938. 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 Edward H. Mara and located at 9/11 Merriam Street, Lexington, the maintenance of an office and use of part of building for the storage and sale of grain, 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 February 25th, 1938, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N . Maddison Chairman, Board of Appeals. Mr. Ferguson seconded the motion, and it was so voted. Mr. Glynn moved that the Lexington Trust Company applica- tion be granted 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 the Lexington Trust Co., 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 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 11th day of February, 1938. Four members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this 103 hearing evidence was offered on behalf of the petitioner tend- ing to show: At an adjourned hearing held on February 25, 1938, Mr. James F. Little, representing the Lexington Trust Co., explained that they had maintained the real estate office according to the permit granted by the Board of Appeals February 12, 1937, and had located it as called for by said permit on Lot 12, Harding Road, Block 6B, directly behind the Manor Crescent Building and Ormond's Market. No one appeared in opposition. At the close of the hearing the Board in private session on February 25th, 1938 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 wel- fare 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 Lex- ington 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 de- sirable 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 unanimously 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 Company to maintain the small real estate office building on Lot 12, Harding Road, subject to the following conditions : That it shall be used only for the sale of land of which development the said lot is a part; That no sign larger than at present maintained shall be placed on the building; That the building shall be maintained in good repair and condition; This permit to be good for one year from February 12, 1938. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that 104 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 Edward W. Kimball C. Edward Glynn. Charles Ferguson Howard W. Robbins 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 28th day of January, 1938 to Alice E. and William T. King, Waverly Co-operative Bank, Cora B. Newell, Lexington Trust Co., Standard Oil Co. of N. Y., Margaret E. Ormond, Clarence H. Gleason, Ethel Osgood, Doris Kendrick Lovell, Harold & Jessie Michelson, Ella h. McClosky, Waldo S . Plastridge, Lucetta S . Abbott, Palmyra P. Cabeceiras, Lulu M. Blake, Catherine G. Montana, Marion Daniels, Helen L. Warrington, Leon C . & Grace L. Burt, Charles L. and Elizabeth Coburn, Orin L. and Alice G. Dyer, Louise E. Edgar, and also advertised in the Lexington Minute-Man on January 27th, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals January 22, 1938. 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 9 (d) of the Lexington Zoning By-law with respect to the premises at Harding Road, owned by Lexington Trust Company of Lexington, by permitting the following= Use of existing building (remodeled single car garage) as office of our representative Mr. James F. Little, 105 who handles sales and other details pertaining to the Lex- ington Manor development. Lexington Trust Company By: Clarence S. Walker. Signature Treasurer Address BOARD OF APPEALS NOTICE Lexington, lass. January 25th, 1938. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the Lexington Trust Company to continue to use the existing building, located on narding Road, Lexington, as a real estate office, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amend- ments. The hearing will be held on February 11th, 1938, at 8:00 P. M. at the Selectmen's Room, Town Office Building, Lex- ington. IIArthur N. Maddison, Chairman, Board of Appeals, Mr. Kimball seconded the motion, and it was so voted. The records of the meeting held on February 11, 1938, were declared approved. Letter was received from the Lexington Trust Company apologizing for failing to have a representative of the bank at the hearing which was held on February 11, 1938. A true record, Attest: 44-4/1261(1e0449144 106 BOARD OF APPEALS MEETING-MARCH 11, 1938 s.... A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. M, Al of the members were present. The Secretary was also present. At 8:00 P. M. hearing was declared open upon the appli- cation of Theodore R. Sweet for permission to grow and sell nursery stock on his premises located on the Concord Turnpike, Lexington. The notice of the hearing was read by Clerk Robbins. Mr. Sweet, his brother, and Messrs. Edwin Land Arthur F. Hutchinson were present at the hearing. Mr. Sweet said that he wanted to grow nursery stock and sell it and develop the property. The Chairman asked if he owned the place now and he answered in the affirmative. He said that he used a great deal of nursery stock in his business. The property is lo- cated between $lossom Street and Wellington Lane. Re presented a sketch of the property. The Chairman asked if he had any idea of building, and Sweet said that he planned to build a house later on, The Chairman said that he meant a building for taking orders, etc. Sweet said that he had not thought of that, but he might need a small garage to keep his implements in. There are about 3-h acres of land. The Chairman asked what Mr. Sweet ' s present business was, and he said that it was landscape construction. Mr. Ferguson asked if he intended to much selling at this place and Sweet said that he did not, but if persons came in and saw something they w anted and wanted to carry it home he thought they should be allowed to do so. She Chairman remarked that he would have to have some- one on the premises all of the time, and he said that he would have a caretaker there most of the time. he Chairman asked Mr. Sweet what he had in mind in the way of signs, and he said that as far as he knew he would not want any signs. Mr. Glynn asked if it was his intention to have anything out on the road, and he replied in the negative. Mr. ulynn asked if he intended to have stock done up ready to sell, or anything like that. Sweet said that he was not going to have anything strung along the road. Mr. Glynn said that there was a great deal of agitation against roadside stands along that road, and he wanted to know if that was what Mr. Sweet had in mind. Sweet said that he had nothing in mind like that. Mr. Glynn asked if his idea would be to have more of a nursery business similar to that of Brock Robinson, and he replied in the affirmative, 107 Mr. Kimball asked what his stock would consist of, and he said that he would have some perennials, some shrubs, and some evergreens. Mr. Kimball asked if he had thought of having a greenhouse at this time, and Mr. Sweet answered in the neg- ative, The Chairman asked if anyone else wished to be recorded in favor of the granting of the petition. Mr. Arthur Hutchinson said that he and his brother were in favor of the granting of the petition) they felt that it would be advantageous to the neighborhood, and would be quite an improvement. No one appeared in opposition. The hearing was declared closed at 8:15 P. M, Mr, `dig= moved that the petition be granted in the fol- lowing 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 Theodore R. Sweet, 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 boarl to be affected thereby as they appear on the most recent focal tax list and also advertised in the Lex- ington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s hoom, in the Town Office Building on the 11th day of Merch, 1938. All of the 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: That he is the owner of two lots of land located on the northerly side of the Concord Turnpike adjoining land of Slocum, and fronting on the Concord turn- pike 545.3, , and containing 3.29 acres, more or less; That he is in the landscaping business and desired to use this land for the purpose of raising nursery stock for use in his business and also for sale to the public; That it was not his intention to have a building for office or salesroom purposes on the property; That it was not his intention to have any signs . Evidence was offered on behalf of the petitioner by neighbors who thought the proposed use of the land would be a benefit to the neighborhood. No one appeared in opposition. 108 At the close of the hearing the Board in private session on March 11, 1938 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 hardh.sip to the petitioner and that desirable relief may be granted without substan- tially 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 Theodore R. Sweet to use the two lots of land on the northerly side of the Concord Turnpike as above described for growing nursery stock subject to the following conditions: 1. Sufficient parking space shall be provided on the land in question so that customers will not park on the Concord Turnpike; 2. That no building for office or salesroom purposes shall be placed on the property; 3. No signs shall be placed on the premises except one sign containing not over 6 sq. ft. in area designating the name of the nursery, to set back at least 501 from the street line; 4. No roadside stand for the display or sale of nursery stock shall be maintained on the premises. 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 hereinbe- fore 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. 109 BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 37) A. N. Maddison Edward W. Kimball C . Edward Glynn Charles E. Ferguson Howard W. Robbins 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 mail- ing on the 24th day of February, 1938, to Henry S . Moody, Tr., Pauline Tahre, Libba Anson, Adam Good, Louise Yosgandes, William Richaud Lizeita Good, Margaret Lewald, Fritz Lewald, Frank & Rosa Rremar1 , Curlys Slocum Arthur F. and Edwin W. Hutchinson, Joseph Earl Perry, Jr. , Tr. , Alice A. Frost, Charles B. Meek and Theodore L. Sweet, and also advertised in the Lexington Minute Man on February 24th, 1938, a notice of which the follow- ing is a true copy. Howard W. Robbins Clerk, board of Appeals February 23, 1938. Lexington Boa d of Zoning Appeals Town Offi e Building Lexi gton, Mass. Gentlemen: The under igned hereby petitions the Lexington Board of Appeals, appo_nted under General Laws, Chapter 40 Section 27, to vary the application of section 6A of the Lexington Zoning By-law with respect to the premises at No. Concord Turnpike owned by Theodore R. Sweet, or Belmont, by permitting the following Lo grow and sell nursery stock such as trees, shrubs, roses , garden plants, etc . Theodore R. Sweet Signature 134 Waverly Street,Address Belmont. Mass. 110 N OTICE Lexington, Mass. February 23rd, 1938. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting Theodore R. Sweet to grow and sell nursery stock on his premises located on the Concord Turnpike , Lexington, under the Lexington Zoning Law or in accordance with Chapter 400 Setcion 27A of the General Laws, and amendments. The hearing will be held on March 11th, 1938, at 8:00 P. M. in the Selectmen' s Room, Town Office Building, Lex- ington, Mass. Arthur N. Maddison, Chairman, Board of Appeals Mr.Robbins seconded the motion, and it was so voted. The records of the meeting held on February 25, 1938, were approved. The meeting adjourned at 8:55 P. M. A true record, Attest: 444/124)C l C le rk