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HomeMy WebLinkAbout1940-08-09166' BOARD OF APPEALS MEETING ' August 9, 1940. A meetin� of the Board of Appeals was held in the Select- men's Room, own Office Building, at 8:00 P.M. Messrs. Kim- ball, Brown, Locke and Robbins were present. In the absence of Mr. Glynn, Mr. Kimball acted as chairman. At 8:00 P.M. hearing was declared open upon the applica- tion of Robert C. and Gordon P. Merriam for permissiom to change the lot line between two lots owned by them on Oakland Street. The notice of the hearing was read by Clerk Robbins. Mr. Robert Merriam appeared at the hearing and presented plans showing the proposed change in the lot line. Mr. Merriam explained that the frontage of the lots would not be changed. No other persons appearing, the meeting was declared closed at 8:10 P.M. After some discussion on the subject the Board voted to hold the matter over to the next meeting. At 8:23 P.M. hearing was declared open upon the appli- cation of the Fuelite Corp. for the renewal of their permit to store tanks cf Fuelite gas and empty cylinders at 315 Marrett oad. , The notice was read by Clerk Robbins. A Mr. Thomas appeared before the Board on behalf of the Fuelite Corp. He stated that the Fuelite Corp. wanted a re- newal of their permit. He, also stated that the Company would appreciate it if the Board would see fit to increase the num- ber of tanks from fifteen to twenty. No one appeared in opposition. The hearing was declared closed at 8:30 P.M. Upon motion of Mr. Brown, seconded by Mr. Locke, it was voted to grant the permit in the same form as previously. Mr. Kimball said that Mr. Glynn wished to be recorded in favor. BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Section 27 having received a written petition addressed to it by The Fuelite Natural Gas Corporation, 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 Lex- ington Minute -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office ' 167 I Building on the ninth day of August, 1940. One 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: Mr. Thomas representing the Fuelite Corporation appeared and stated that they had lived up to the conditions set forth in the permit granted February 26, 1937 and desired to continue its present occupancy of the premises. No person appeared in opposition. At the close of the hearing the Board in private session on August 9, 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 provisions 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 unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the pre- mises at 3.11-315 Marrett Road to be occupied by the Fuelite Natural Gas Corporation, only, for the purpose of maintaining a sales office for fuelite gas and appliances in connection herewith and for storage of not exceeding fifteen cylihders filled with fuelite gas for local distribution and for storage of empty cylinders all cylinders filled with gas are to be stored out of doors and all empty cylinders are to be stored inside the store ' or inside the Garage. This permit expires on August 9, 1942. Mr: 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 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) Edward W. Kimball J. Milton Brown Errol H. Locke Howard W. Robbins C. Edward Glynn I, Howard W. Robbins, 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 certificate of mailing on the 3rd day of July, 1940, to Jennie M. Partridge, Thomas Davison, Catherine F. Stevens, Margaret M. Lynch, William F. and Jennie A. Downe, Elizabeth T. Keefe, William O'Connor, Evelyn B. Soar, Howard I. and Nellie M.Saunders, Sarah Gaddis, Charlotte L. and Helen G. Murphy, Josephine Nunan, Standard Oil Co., of New York, Medford Trust Oo., Betty E. Krulee, Grace L. Hinck- ley, Thomas G. Whiting, Edward Crouch, William H. Smith, Alice L. and Marshall L. Tebbetts, Jenney Mfg. Co., Lulu M. Blake, Margaret S. MacKenzie Fuelite Natural Gas Corp., and also advert- ised in the Lexington Minute -Man on July 3v19409 a notice of which the following is a true copy. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: 1 1 Howard W. Robbins Clerk, Pro -tem, oard of Appeals. June 22, 1940. The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, , rM ' to vary the application of section 9 (g) of the Lexington Zon- ing By -Law with respect to the premises at No. 315 Marrett Road, owned by Waverley Co-op. Bank of Belmont and Waverly by per- mitting the following: A sales office for Fuelite Natural Gas and appliances and storing of Fuelite Gas Cylinders, both full and empty. Fuelite Nat.Gas Corp. (Signature) By P. Pope 315-319 Marrett Road (Address) Lexington, Mass. N 0 T I C E Lexington, Mass. July 3, 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 the Waverley Co-op Bank and located at 315 ' Marrett Road, Lexington, the renewal of the permit to maintain a sales office for F2elite Natural Gas and storage of gas cylinders under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the G9neral Laws, and amendments. The hearing will be held on .August 9, 19409 at 8:15 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals. At 8:40 P.M. hearing was declared open upon the appli- cation of Mrs. F. Madelyn Simmons for permission to maintain a kindergarten at 229 Bedford Street. The notice of the hearing was read by Clerk Robbins. Mrs. Simmons said that she wished to have ten to twelve children and that the hours would be 9 to 12, five days a week. The children would play in the yard for one hour during the Spring and Fall. Mrs. Simmons said that the yard was fenced in and that she planned to have a swing and a sand box. No other persons appearing the meeting was declared closed at 81$0 P.M. After some discussion, the matter was put to a vote. Upon motion of Mr. Locke, seconded by Mr.. Robbins, it was voted to grant the petition in the following form (Mr. Glynn wish- ing to be recorded as in favor of granting the permit). 170 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 Mrs. F. Madelyn Simmons, 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 hear- ing was held in the Selectmen's Room, in the Town Office Build- ing on the the ninth day of August, 1940: One 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 Mrs. F. Madelyn Simmons de- sired to maintain a kindergarten at 229 Bedford Street; that she hopes to have ten to twelve children in which event she will have an assistant. The hours m uld be 9 to 12, five days a week. Outdoors equipment for Spring and Fall. She stated that the room was a downstairs room opening on the back yard, equipped with a lavatory and satisfactory lights. She stated that she had a lease for one year. No one appeared in opposition. At the close of the hearing the Board in private session on August 9th, 1940, gave consideration to the subject of the petition and voted unanimously in favor of the following find- ings: 1. That in its judgment the public convenience and wel- fare will be substantially served by the making of the excep- tion 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 provisions would in- volve 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. 1 n 171 ..Y n f Pursuant to the said findings, the Board hereby unani- Zoning tx" mously�decides that the application of the said Lexington oning ' By -lain,## is hereby varied so far as may be necessary to permit, Mrs. F. Madelyn Simmons to maintain a kindergarten for the term of one year at 229 Bedford Street subject to the condition that the premises should be kept in a neat and orderly manner, and the kindergarten conducted in such a manner as not to be objection- able to the neighborhood. 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 hereinbefore set forth and the testimony presented at the said hearing, includ- ing that herein summarized, and directs that this record'imme- diately'following this decision shall'be filed in the office of the Town Clerk of Lexington and shall be open to public inspec- tion and that notice of this decision shall be mailed forth- with to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40, Sec. 27) Edward W. Kimball ' J. Milton Brown Errol H. Locke Howard W. Robbins C. Edward Glynn I, Howard W. Robbins, 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 certificate of mailing on the 18th day of July, 1940 to Frank W. Dodge, Middlesex Institution for Savings, Boston and Lowell R.R. Corp., Lexington Coal Co., Ernest A. & Bernice F. Snow, Cornelia Bierenbroodspot, victor N. & Veda L. Rochette, Pauline P. Hanks, Dorothy T. Taylor, Ernest & Mary C.,Mathers, David J. Harrigan, James A. & Margaret J. Aker, Cora W. Dempsey, et al, Standard Oil Co., George F. Smith, Lulu M. Blake, William E. & Mar- garet A. Maloney, Lexington Trust Co., Doris K. Lovell & Mary E. Kendrick, Home Owners Loan Corp., Harriet W.Smith, Alice J. Haggerty, Daniel H. Freeman, Frederick C. & Catherine T. Wood- ford, Lexington Savings Bank, Margaret E. Ormond, Clarence H. Gleason,'John F. & Eleanor M. McCullough, Madeline T. Mead, Franklin M. & Ruth L. Dyer, Hugh E. & Mary E. Leonard, Thomas Brady, Lillian V. Russell, Margaret I. King, Charles A. & Anna L. McCormack, Aleph B. Robbins, and F. Madelyn Simmons, and also advertised in the Lexington Minute -Man on July 18, 1940-, a notice of which the following is a true copy. ' Howard W. Robbins Clerk, Pro -tem, oard of Appeals. 172 C, July 15, 1940• 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 of the Lexington` Zoning By-law with respect to the premises at No. 229 Bed- ford Street, owned by F. W. Dodge of Boxborough, Mass., by permitting the following: Nursery, and kindergarten school. F. Madelyn Simmons (Signature) 229 Bedford Street (Address) Lexington, Mass. N O T I C E T Lexington, Mass. July 15, 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 Frank W. Dodge and located at 229 Bedford Street, Lexington, the maintenance of a kindergarten 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 August 9, 1940, at 8:45 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. C. Edward Glynn Chairman, Board of Appeals. At 8:55 P.M. hearing was declared opem upon the appli- cation of Paul and Mildred Cotting for the permission to alter the house at 329 Waltham Street so as to accomodate two families. The notice of the hearing was read by Clerk Robbins. Mr. Cotting stated that the house had always been a two family house and that it had two kitchens. A year ago he bought the house with the understanding that it was a two family house. The house has twelve rooms. He hopes to make two apartments ' the lower one to have four rooms and the upper eight rooms. He will install another bathroom and have a kitchen upstairs. These alterations will not change the exterior of the house. No other persons appearing the hearing was declared 173 ' closed at 9:10 P.M. Upon the motion of Mr. Brown, seconded by Mr. Robbins, it was voted to grant the permit in the following form. Mr. Kimball said Mr. Glynn wished to be recorded as in favor of granting the permit. 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 Paul and Mildred Cotting, 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 9th day of August, 1940. One 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 be- half of the petitioner tending to show: that Paul Cotting de- sired to alter the building at 412 Waltham Street to accomodate ' two families; that the house was a twevle room house which he bought in 1939, with the understanding that the property had been a two family house. It has two kitchens at present. There will be no exterior changes. It has one front and one rear door, and one bath room. He stated that he desired to make an unstairb apartment of eight rooms and a downstairs apartment of four rooms. He plans to provide the upstairs with a kitchen, and to install a bath on the first floor. No one appeared in opposition. At the close of the hearing the Board in private session on August 9, 1940 gave consideration to the subject of the petition and voted unanimously in favor of the following find- ings: 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 ' Lexington Zoning By-law. 174 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 Zon- ing 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 alterations of the house owned by Paul and Mildred Cotting, located at 462 Waltham Street to accomodate two families, under the following conditions. 1. That there shall be no alterations on the exterior of the building and that the inside alterations shall be such as to permit one apartment to contain eight rooms and the other, four rooms, substantially in accordance with a plan dated 2. That this permit shall be in force only so long as one apartment is occupied by the petitioner. 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 decisions are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this re- cord 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) EdwardW. Kimball J. Milton Brown Errol H. Locke Howard W. Robbins C. Edward Glynn 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 July, 1940 to Jennie M. Partridge, Standard Oil Co., Medford Trust Co., Margaret S. MacKenzie, Lexington Savings Bank, Annie A. Spencer, Watertown Co-op. Bank, John E. & Virginia A. Timothy, Domeniok Dieenzo & Edna J. Arnold, John Cerrullo, Waltham Savings Bank, George E. Swanson, Margaret ' 175 Newhart, Thomas Brown, Everett M. & Irene Dillman, Annie Hatkoff, James Cook, Ervin R. Dix, Eliza H. Syme, Robert H. & Olive E. Eldridge, Joseph H. Potter, David A. Rix, Antonio Umbrello, Tr., Fred Bailey, Lulu M. Blake, Delia V. Cassidy, and Paul and Mildred Cotting and also advertised in the Lex- ington Minute -Man on July 18th, 1940, a notice of which the following is a true copy. Howard W. Robbins Jerk, of e pard of Appeals. June 29, 1940. 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 9c of the Lexington Zoning ' By-law with respect to the premises at No. 462 Waltham Sreet, owned by Paul and Mildred Cotting of Lexington by permitting the following: the alteration of the dwelling to accomodate two families. Paul M. Cotting (Signature) 462 Waltham St. (Address) Lexington, Mass. N O T I C E Lexington, Mass. July 2, 1940• The Board of Appeals of Lexington will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Paul and Mildred Cotting and located at 462 Waltham Street, Lexington, the alteration of the dwelling to accomodate two families, mnder the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. ' The hearing will be held in the Selectmen's Room, Town Office Building, Lexington, Mass. at 8:30 P.M. on Aug. 9, 1940, C. EDWARD GLYNN Chairman, Board of Appeals. 176 The records of the meeting held July 8th were approved. A true record, Attest: #9.�e Clerk.