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HomeMy WebLinkAbout1938-11-25 239 BOARD OF APPEALS MEETING 1 NOV. 25th, 1938 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P. M. Chair- man Maddison, Messrs. Glynn, Ferguson, Driscoll and Locke were present. The Acting Secretary, Elinor Moakley, was also present. Mr. Glynn was elected Clerk Pro-tem. At 8 :00 P.M. hearing was declared open on the appli- cation of Charles E. and Charlotte E. Hadley for permission to maintain a carpenter ' s shop at 6 Oak Street, Lexington. Messrs. Warren, Elliott and Frank Hadley appeared in favor of the application. The Clerk Pro-tem read the notice of the hearing. Mr. Warren Hadley stated that they desired to use the premises as a carpenter's shop to make over furniture, store tools, etc. He stated that the premises was rented to Frank Thompson, who repairs furniture, and to Mr. Jameslrwin, who Stores his tools and equipment there. Mr. Glynn asked if they intended to use the premises any differently than last year and Mr. Hadley replied in the negative. Mr. Hadley said that Mr. Thompson maintained a sign there approximately three feet square, and Mr. Irwin also maintained a sign approximately 10 feet by one foot. The Chairman stated that the previous permit did not allow any signs on the premises. Mr. Hadley asked if it would be possible to renew the permit and have permission to main- tain these signs included in it. Mr. Hadley said that neither sign was very prominent. Mr. Hadley also stated that they would appreciate it if the permit could be granted for a term longer than one year inasmuch as they felt that $5.00 was quite a lot to pay for the permit renewal each year. The Chairman informed them that the matter would be taken under consideration and they retired. The Board considered the application of Charles E. and Charlotte E. Hadley for a permit to use the shop at 6 Oak Street for a carpenter shop, and in view of the fact that there did not appear to have been any criticism of this use of the premises, it was unanimously voted to grant the permit 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 Charles E. and Charlotte E. Hadley, 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 240 cn Lexington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 25th day of November, 1938. Two Associate and three 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 wished to continue the use of the building at 6 Oak Street, Lex- ington, for a carpenter shop similar to the manner in which it is rented at present; that there are two signs on the building, one approximately 3' x 3' and the other approx- imately 10' x 1' . No persons appeared in opposition. At the close of the hearing the Board in private session November 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 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 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 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 upon the premises at 8 Oak Street, Lexington, owned by the late Charles E. and Charlotte E. Hadley, the maintenace of a carpenter shop under the following conditions: There shall be used no large or noisy machinery; such machinery as is used shall be only such as is necessary to take care of local odd jobs, carpentry work and repairs a nd shall be run by electric power; that all lumber and other materials, either raw or finished, shall be stored inside of the building and none on the outside; that the shop shall not be used for general manufacturing purposes; that no signs other than those at present on the exterior of the building shall be displayed. This permit to expire November 21, 1940. The Board hereby makes a detailed record of all its proceedings relative to ouch petition and hereby sets forth that the reasons for its decision are its findings herein- 241 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 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 Errol H. Locke William H. Driscoll C. Edward Glynn I, C. Edward Glynn, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws , Chapter 40, Sec- tion 27, hereby certify that ; sent by postage certificate of mailing on the 4th day of November, 1938, to John C. Russell, Howard 8. 0. Nichols, Cambridge Trust Co. , Mary Palladino, Adeline Maruzzo, John and Isabel Harwood, Joseph and Nella Cristallo, Clotilde Bertini, Isaac S. and Annie I. Weaver, Elsie M. and George L. Faulkner, Mary A. Manning, George F. Melick, Adelina and Tony Zarrella, Hildur Schiorring, Eliz- abeth J. Dunn, Mary G. Mullen and Mary A. Welsh,Raphael and Maria Luongo, Francis J. and Mary E. Nevins, Helen and Emily M. Burke, Everett Bank and Trust Co. , James F. and Annie M. Prendergast, Boston Co-op. Bank, Mariano Zarella, Medway Savings Bank, Ragnhild S. Garfield, Peter and Bertha Salvucci, Harold H. and Martha F. Hookway, Edith M. White, Calvin W. Childs, Lexington Cooperative Bank, Boston & Lowell R. R. Corp. , Essala C. Foster and Harriet Green, Miles L. F. and Fredericka K. Jones, Pauline H. Clare, Stephen J. and Hilda B. Dolan, Watertown Co-operative Bank, Theresa B. Cummings, Frank C. Friend, Dorothy M. Hadley, Frank R. Hadley, Charles E. and Charlotte E. Hadley, Martin J. Carrigan, James A. Bailey, Frank H. Bi,notti , Dennis J. Healey, Carlotta H. Brander, Katherine Jacobs , Arlington Five Cents SavinL,s Bank, Henry P. and Eleanor W. Clark, Charles R. Joy, (heirs of) , Ellen A. Stone, J. Alexander Wilson, Edgar W. Harrod, Peter J. and Anna C. McDonagh, Doris Lightman, Middlesex County National Bank of Everett, James C. McArdle and Thomas P. Killion, and also advertised in the Lexington Minute-Man on November 3, 1938, a notice of Which the following is a true copy. C. Edward Glynn Clerk Pro-tem, Board of Appeals. 242 Oct. 25, 1938. 1 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass . Gentlemen: The undersi;_ned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27 to vary the application of section 9 (a) of the Lexington Zoning; By-Law with respect to the premises at No. 6 Oak Street, owned by Charles E. and Charlotte E. Hadley of 502 Mass. Ave. , Lexington, by permitting the following: Renewal of carpenter's shop permit. Charles L & Charlotte E. Hadley (Sig. ) 502 Mass. Ave . , Lexington (Address) Pd OTICE Lexington, Mass. Nov. 2, 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 Charles E. and Charlotte E. Hadley and located at 6 Oak Street, Lexington, the maintenance of a carpenter ' s shop, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendment s. The hearing will be held on November 25th, 1938, at 8:00 P.M. , in the Selectmen' s Room, Town Office Building, Lexington Arthur N. Maddison Chairman, Board of Appeals. In regard to the application of Vincent N. Bellizia for permission to maintain a riding school and stable at 232 Cedar Street, no persons appeared either in favor or in opposition. The Secretary was instructed to notify Mr. Bellizia to appear at the next meeting of the Board of Appeals in connection with his application. It was voted to request 3200. for the budget for the Board of Appeals for the year 1939. The records of the meeting of Oct. 14th Were read and approved. The meeting adjourned at 8:30 P. M. A true record, Attest : - - Clerk4-tem.