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HomeMy WebLinkAbout1939-05-26 5 BOARD OF APPEALS MEETING May 26, 1939 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P. M. Messrs. Ferguson and Kimball, and Associate Members Errol H. Locke and Winthrop H. Bowker were present. The Secretary was also present. In the absence of the Chairman, Mr. Ferguson acted as Chairman Pro-tem, and in the absence of the Clerk, Mr. Kimball acted as Clerk Pro-tem. The records of the meeting held on April 21st were declared approved. At 8:00 P. M. hearing was declared open upon the appli- cation of Frank A. and Mary Napoli for permission to continue the maintenance of the roadside stand located on Marrett Road about two hundred feet northwesterly from the corner of Middle Street. The notice of the hearing was read by Mr. Kimball. Mr. Napoli appeared in favor of the granting of the petition. He said that there had been no changes in the stand, and that there had been no parking of automobiles on Marrett Road. No persons appeared in opposition, and the hearing was declared closed at 8:10 P. M. Upon motion of Mr. Kimball, seconded by Mr. Locke, it was voted to grant the petition in the following form (Mr. Glynn wishing to be recorded in favor) 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 Frank A. and Mary Napoli 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 May, 1939. Two Associates and two 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 he wished a permit for a period of one year expiring on May 8, 1940 to conduct a roadside stand on property of Frank A . and Mary Napoli located on Marrett Road and Middle Street. That there had been no changes made in connection with the 6 existing roadside stand and that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session on May 26, 1939 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 im- pair 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 petitim er and that desirable relief may be granted without substan- tially derogating from the intent or purpose of such Lex- ington Zoning By-law. -law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Frank A. and Mary Napoli to maintain a temporary roadside stand on Marrett Road on the land of Frank A. and Mary Napoli, for the purpose of selling only the products grown on their own land in the Town Of Lexington, and that said stand be maintained on the location as now existing; they to provide sufficient parking space for automobiles to prevent traffic congestion on Marrett Road; this permit to expire May 8, 1940. 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. 7 BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch.40 Sec. 27) Charles E. Ferguson Winthrop H. Bowker Errol H. Locke Edward W Kimball C. Edward Glynn I, Edward W. Kimball, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage cer- tificate of mailing on the 3rd day of May, 1939, to Raymond L. and Anna S White, Neil McIntosh, Patrick and Helen H. Mackino, Edwin H. and Mary E. Halvorsen, Margaret R. Crocker, William A. MelbyePasquale Panetta, Emily R. Scheibe, Ralph A. Miller, M. and Eleanor R. Blair, John Waugh, Charles W and Mary A. Fittz, Highland Trust Co. , Robert P. Trask, Thomas J. and Jennie Heaney, Russell S. Bray, Robert J. Fawcett, Joseph R Lawson, Watertown Co-op. Bank, Carl V . Olson, Frank A and Mary Napoli, and also advertised in the Lexington Minute-Man on May 4, 1939, a notice of which the following is a true copy. EDWARD W. KIMBALL Clerk Pro-tem, Board of Appeals. April 27, 1939 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 9 (f) of the Lexington Zoning By-law with respect to the premises at No. 23 Middle Street, owned by Frank A. and Mary Napoli of Lexington, by permitting the following: Permission to maintain existing roadside stand for sale of produce of the premises. Frank A. Napoli (Signature (by Thomas A. Napoli) fiddle Street M Address 23 E3 c-� C NOTICE 1 Lexington, Mass May 2, 1939. 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 Frank A . and Mary Napoli, and lo- cated at Marrett Road about two hundred feet northwesterly from the corner of Middle Street, Lexington, the maintenance of the existing roadside stand to sell produce grown on the premises, 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 May 26, 1939, at 8:00 P.M. in the Selectmen' s Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. At 8:15 F. M hearing was declared open upon the application of the Town of Lexington for permission to construct a building to house sewage pumping equipment on the land located on Brook Street at its junction with Myrtle Street. The notice of the hearing was read by Mr. Kimball. Mr. John W. Raymond, Jr. , Supt. of Public Works', and Mr. Frank H. Street, P.W.A. Resident Engineer Inspector, appeared in favor of the granting of the petition. Mr. Raymond said that this was part of the project upon which the Town Meeting had voted favorably. He presented plans showing the location of the new sewer, and the location of the pumping station. He said that both Brook St. and Myrtle Street were paper streets in Meagher- ville. The nearest house is on Valley Road, and is about 400' away. All of the sewers will drain to the pumping station and the reason for locating it here is to provide a maximum of service in the future. All the area in the northern part of Lexington which can be reached by the present system will drain to this pumping station. The Town has purchased a piece of land 100' square from the Ethel Bean property for this station. The Town officials have been assured by the State Dept. of Public Works that this site will not conflict with the proposed Route 128. Mr. Raymond then showed a drawing of the super-structure of the building. There will be no windows; it will be of brick; and the roof will be steel and concrete, with slate shingles. He said that the pumping station had been de- signed so that larger equic ent could be installed as the 9 I population of the town increases. He said that the project had been approved by the Mass. kept . of Public Health. The present equipment could take care of about 1500 houses . The power will be electric, but there will also be a gasoline engine which can be used in case of necessity. Mr. Raymond said that the pump house would be 30' 4" x 25' 4", and said that there would be a cyclone fence erected around the building. No persons appeared in opposition, and the hearing was declared closed at 8:45 P. M. Messrs Raymond and Street retired. Mr. William H. White, Jr. , proprietor of the garage at 7 Mass. Ave. , appeared before the Board. He said that the Building Inspector had called on him and said that the Jenney Gasoline sign which is ten feet in from the sidewalk and on his property, was a violation of his permit. Mr. White said that all the gasoline stations on Mass . Ave had similar signs. Mr. Kimball asked if the Janney Mfg. Co. had not tried to erect this sign elsewhere in Lexington, and could not because of violating the Zoning Law, and Mr. white said that it had not, to the best of his knowledge. Mr. Kimball said he was under the impression that the Janney Co. had tried to use the sign elsewhere in town. Mr. Ferguson asked if the Building Inspector said that the sign was a violation of his Board of Appeals permit, and Mr. White replied in the affirmative. He said, however, that Mr. Longbottom said that it was no worse than many others in Lexington. Mr. Ferguson said that that might be so, but that according to his Permit, he could not have any signs other than those attached to the building Mr. White asked how he was going to sell gasoline if he could not have a sign. He said that it seemed to be very severe to prohibit him from maintaining any. The Chairman Pro-tem said that the only thing for him to do was to apply for a hearing before the Board of Appeals to see whether or not it will allow him to maintain signs. Mr White retired. Upon motion of Mr. Kimball, seconded by Mr. Locke, it was voted to grant the Town of Lexington petition in the following form (Mr. Glynn wishing to be recorded in favor) : 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 Town of Lexington, 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 10 ' eftl 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 May, 1939. Two Associate Members and two 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 desired to construct a building to house sewage pumping equi .ment on the land located on Brook Street at its junction with Myrtle Street; said lot being 1001 x 100' and containing 10,000 square feet; the pump house to be 30' 4" x 25'4"; exterior walls to be of brick, and the roof to be of slate; That this location permits practically the total unsewered area in North Lexington to be eventually connected with the the sewage sytem; That a cyclone fence will be erected around the building to protect the equipment and inhabitants. At the close of the hearing the Board in private session on May 26, 1939 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 b e substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status of the heighborhood. 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 expecially affecting the said parcel but not affecting gemsrally 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 intentor purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decided that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Town of Lexington to erect and maintain a building 30' 4" by 2514" to house sewage pumping equipment on the lot located at Brook Street at its junction with Myrtle Street; that the apparatus shall be run in such a manner as not to be noisy or offensive to the neighborhood; 11 that the premises shall be kept in a neat and clean condition at all times. The Board hereby makes adetailed 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. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch. 40, Sec . 27) Charles E. Ferguson Winthrop H. Bowker Errol H. Locke Edward W. Kimball C. Edward Glynn I, Edward W. Kimball, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27 hereby certify that I sent by postage cer- tificate of mailing on the 16th day of May, 1939 to Frank Johnson et al, Frank ►7. Longleway, James E. and Alice B. Mee, Ethel F. Bean, Lexington Trust Co., Eugene and Agnes M. Commons, Ada B . Clay, William M Cameron, Anna Dickerson, Mrs. Katherine M Kimball, Alma M. Wilson, Frank T. Neal, Peter and Louisa Basso, Joseph Massucco, John F. and Eleanor M. McCullough, Helen May and also advertised in the Lexington Minute-Man on May 11, 1939, a notice of which the following is a true copy. Edward W. Kimball Clerk Pro-tem, Board of Appeals . May 11, 1939. 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 9 ( a) of the Lexington cb 12 Zoning By-law with respect to the premises at Brook Street ( a private way) owned by the Town of Lexington, by per- mitting the following: Erection and maintenance of a Sewage Pumping Station. Board of Selectmen of Lexington By: Eleanor M. Lowe, Crrk NOT I C E Lexington, Mass. May 11, 1939 . 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 the Town of Lexington and located on Brook Street, Lexington (a private way) , the erection and maintenance of a Sewage Pumping Station, under the Lexington Zoning Law or in accordance with Chapter 40, Sec- tion 27A of the General Laws, and amendments. The hearing will be held on May 26, 1939, at 8:15 P. M in the Selectmen's Room, Town Office Building, Lex- , ington. Arthur N. Maddison Chairman, Board of Appeals The meeting adjourned at 9:17 P. M. A true record, Clerk Pro-tem.