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HomeMy WebLinkAbout1940-06-28 150 BOARD OF APPEALS MEETING June 28, 194.0 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8 00 P. M. Chairman Glynn and Messrs. Robbins and Bowker were present. The Secretary was also present . At 8 00 P. M. hearing was declared open upon the application of Herman MacKay for permission to maintain a plumbing shop at 36 Waltham Street, Lexington. Mr. MacKay was present at the hearing. The notice of the hearing was read by Clerk Robbins. Mr. MacKay said that he built a new garage on the premises and was maintaining a plumbing shop in it, and the Building Inspector told him that he should have a permit to do so from the Board of Appeals. Mr. MacKay said that in his application he asked for permission to maintain a sign, but he was not fussy about it. Mr. MacKay said that this would not interfere with the kindergarten at all, as there are separate driveways. He said he had been storing his tools on the premises ever since he bought the place last fall. The Chairman asked if the premises were in the busi- ness district, and be said that it was. His lot is 102' deep, and most of the garage is in the business district. The Chairman asked where he would put the sign, and Mr. MacKay said he had not decided yet, but it probably would be attached to the garage. The Chairman said that inasmuch as the property was in the business district, he was entitled to ere any normal sign allowed in a C.1 District . He thought the sign was not a matter for the Board of Appeals to consider. No other persons wishing to be heard, the hearing was declared closed at 8 15 P. M. The records of the meeting held on June 7th were declared approved. Upon motion of Mr. Bowker, seconded by Mr . Robbins, it was voted to grant the petition in the following form (Messrs. Locke and Maddison wishing to be recorded in favor ) BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap- ter 40 , Sec. 27 , having received a written petition 151 addressed to it by Herman MacKay, 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 28th day of May, 1940. One Associate 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 to use a garage in the rear of the premises at 36 Waltham Street, Lexington as a plumbing shop, That he has owned the premises since the fall of 1939 , and during that period has used the garage for the storage of pipe , etc.; That the premises are principally located within the bus- iness district, extending a very few feet into the residential district in the rear. No one appeared in opposition. At the close of the hearing the Board in private session on June 28 , 1940 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 substan- tially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimous- ly decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Herman MacKay to maintain a plumbing shop in the garage at the rear of premises at 36 Waltham Street, Lexington, subject to the following conditions 152 That the premises shall be kept in a neat condition; That the premises shall not be so used as to become objectionable to neighboring properties. 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 here- inbefore 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 inter- est. BOARD OF APPFALS OF LEXINGTON (Appointed under d.L.Ch.40, Sec.27) C. EDWARD GLYNN WINTHROP H. BOVKER HOWARD W. ROBBINS ARTHUR N. MADDISON ERROL H. LOCKE I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, .vection 27, hereby certify that I sent by;;postage certificate of mailing on the 7th day of June, 1940 to Anstiss S. Hunt, et al, Florence P. Cleveland, Emma J. Clow, Bridget Leary, Susan A. Spencer, Sarah E. Comley, et al, Emily Franks , Freda R. Bunker, Emily H. Morse, Robert T. & Richard J. Spencer, Jr. , Heirs of James F. O'Halloran, Gertrude E. Mitchell, Sebastiano Nicci, Mabel F. Peterson, Rev. William J. McCarthy, Beatrice F. Morse', Herman B. & Margaret R. McKay, J. Joseph & Anne T. Hurley, Margaret Gallagher, Florence I. Nickerson, Phyllis M. Jenney, Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen F. Lombard, Benjamin F. & Mildred P. Groot , Clements H. & Mildred P. Ferguson, Colonial Garage, Inc . , Lucy D. Hutchinson, Bertha M. Hutchinson, Alice T. McCarthy, Bertha M. Baker, Freder- ick D. Cook, Lexington Savings Bank, M. & L. Realty Co. , Lillian L. Viano, Trustee , Daniel Daniels, Waltham National Bank, Meyer Rubin and Harry G. Seligman, Universalist Pub- lishing House of Boston, Daniel J. O' Connell, Boston Edison Co. , Edward J. & Mary C. Connors , Sylvia Viano, and Herman MacKay, and also advertised in the Lexington Minute Man on the 6th day of June, 1940, a notice of which the following is a true Copy. Howard W. Robbins Clerk, Board of Appeals 153 IIJune 3 , 1940 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to determine the application of Section 9 (a) of the Lexington Zoning By-law with respect to the premises at No. 36 Waltham Street, owned by Herman MacKay of 36 Waltham St. , by permitting the following A Plumbing Shop and Sign. Herman MacKay 36 Waltham Street NOTICE II Lexington, Mass. June 6, 1940 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 Herman MacKay and located at 36 Waltham Street, Lexington, the maintenance of a plumbing shop and sign, under the Lexington Zoning Law or in accord- ance with Chapter 40 , Section 27A of the General Laws, and amendments. The hearing will be held on June 28, 1940 at 8 00 P. M. in the Selectmen' s Room, Town Office Building, Lexington, 1 Mass. C. Edward Glynn, Chairman, Board of Appeals. The meeting adjourned at 8 35 P. M. 1 A true record, Attest //�� - C 'erk