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.