HomeMy WebLinkAbout1940-09-27rm
BOARD OF APPEALS MEETING
September 27, 1940
A meeting of the Board of Appeals was held in the
Selectmen's Room at 8:00 P. MI. Messrs. 1aaddison, Kimball,
Locke, Brown, and Bowker were present. The Secretary was
also present.
Its. Kimball acted as Chairman, and 11r. Bowker acted as
Clerk.
At 8:00 P. Ni. hearing was declared open upon the
application of Vena M. Roberts for permission to construct
a dwelling at the corner of Albemarle and Melrose Avenues
which will not have the required setback from either street.
The notice of the hearing was read by Mr. Bowker.
M✓ir. Ralph M. Roberts, lvir. Harold Roberts, and five
other persons were present at the hearing.
Mr. Ralph ni. Roberts said that he proposed to erect
a building on this lot of land and could not do it unless
he could place it nearer the street. The building would
be 291 by 271. Mr. Roberts presented a blue print of the
lot.
' Mr. Kimball asked when he purchased the property and
Mr. Roberts said that it had been ine family for twenty
years. It was purchased from J: W. Wilbur as two lots, but
it really is only one lot. There is no provision for a
garage. Mr. Roberts said that when Wilbur purchased the
land, he reserved a ten foot foot -path to give the people
a right of way to the reservoir and to the other lots.
He said that all the people who purchased land from Wilbur
have the right to use the foot -path, so it has to be kept
open.
Mr. Joseph A. Moretti said he represented his mother,
Carmella 1oretti, who is an abutter on the corner of
Bow Street and Melrose Avenue. He said that if the Board
was going to change the Zoning Law for one person, they
should do it for others. Mr. Kimball explained that this
was not a change in the Zoning Law. Mr. Moretti said he
was seeking information, and did not wish to be recorded
either in favor or in opposition.
Mr. Harold Roberts said that his mother and father
owned the house on the opposite corner and lost it, so the
sons wished to build this house for them. He presented a
petition signed by the neighbors stating that they were in
favor of the granting of the petition.
Mr. William Acquaro said that he did not wish to be
recorded in favor or in opposition, but wanted to know if
' other persons would have the same right of appeal, and Mr.
Kimball said that they would.
198
No other persons wishing to be heard, the hearing
was declared closed at 5:26 P. M.
At 5:30 P. 14. hearing was declared open upon the
application of the David Buttrick Company for permission
to use the building located at 354 Bedford Street for the
storage and sale of apples raised on the premises.
Mr. Buttrick appeared. He said that he raised a
lot of apples on the grounds, and probably could sell
them on the premises. He said that the building was
already there, but they have fixed it up. They may wish
to sell produce raised there, also. Mr. Buttrick said
he owned eight acres there. Last year they got about
700 bushels of apples, and to date this year they have
marketed 300 bushels.
Mr. Bowker asked how near this building was to the
next property, and Mr. Buttrick said that it was 80' or
901. He said they wanted to sell what they raised on
the premises.
Mr. Buttrick retired at 8:45 P. M.
Upon motion of Mr. Locke, seconded by Mr. Bowker,
it was voted to grant the Buttrick petition in the
following form.:
BOARD OF APPEALS PERIv_IT
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by the David Buttrick Company, 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 news-
paper published in Lexington, which hearing was held in the
Selectmen's Room, in the Town Office Building on the 20th
day of September, 1940.
Two Associates 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 he desired to use a small building fa)r the storage
and sale of apples raised on the premises located at 354
Bedford Street, Lexington; that he anticipated the possible
use of the premises for farm purposes, and might, in the
u
r�l
' future, use the building for the sale of other produce
of his farm in Lexington; that the.building previously
had been used, and that it was set back a considerable
distance from Bedford Street, and probably was at least
fifty feet from the nearest abutting property.
No persons appeared in opposition.
At the close of the hearing the Board in private
session on September 27th gave consideration to the subject
of the petition and voted unanimously in favor of the follow-
ing 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 peti-
tioner 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-
mously decides that the application of the said Lexington
Zoning By-law is hereby varied to far as may be necessary
to permit the Buttrick Company to use the small building
located at the northwesterly corner of the property lo-
cated at 384 Bedford Street for the storage and sale of
produce raised on the farm in Lexington, subject to the
following conditions:
That the building and surroundings shall be kept in a near
and clean condition;
That there shall be no flood lights;
That the permit shall expire one year from September 27, 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 herein-
,
200
before set forth and the testimony presented at the said
hearing, including that herein sur.marized, 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
Winthrop H. Bowker
J. Milton Brown
Errol H. Locke
A. N. I4�addi son
I, Winthrop H. Bowker, 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 August, 1940 to
Ethel F. Bean, George W. Bean, Edwin C. & Mable H. Elder,
bury Trimble, Eugene & Agnes M. Comiaons, Mary A. Sanders
and the David Buttrick Company, and also advertised in
the Lexington Minute -Mean on August 22, 1940, a notice of
which the following is a true copy. ,
Winthrop H. Bowker
Clerk Pro -tem, Board of Appeals
Lexington, Plass.
August 22, 1940
BOARD Or APPEALS NOTICE
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 Buttrick Company and located
at 384 Bedford Street, Lexington, the use of the building
for the storage and sale of apples raised on the premises,
under the Lexington Zoning Law or in accordance with Chap-
ter 40, Section 2?A of the General Laws, and amendments.
The hearing will be held on September 20, 1940 at
8:00 P. Iii. in the Selectmen's Room, Town Office Building,
Lexington, Mass.
C. Edward Glynn,
Chairman, Board of Appeals
Insert: Lexington P..inute Man, Aug. 22, 1940
1
August 9, 1940
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Ilass.
Gentlemen
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Section
27, to vary the application of se,etion 9F of the Lexington
Zoning By-law with respect to the premises at No. 384.
Bedford Street, owned by David Buttrick Co. of Arlington by
permitting the following: The use of Cady House for storage
and exposing apples for sale raised on the orchard.
David Buttrick Company
30 1vlill Street, Arlington
D. Buttrick, Treas.
It was decided to meet on TvIonday, Sept�iber 30th, with
the Building Inspector to discuss the Roberts application.
' The records of the meeting held on Sept. 20 were
approved.
The meeting adjourned at 9:25 P. M.
A true record, Attest: / p
i /c .o 16 t/
Clerk Pro -tem
1
202
1
>entember 30, 1940.
Ii special meeti n,7 of the Board of :'inneals .aas held
in the Town Office Fuildii-, at 8':00 = . Pi. iessrs.
ball, crown and Bowker were present.
The -[Mild_nl" I-cPector I]".et with the Board to discuss
t.'?e annlication of Vena TT. Robertsfor peririission to ccn-
struct a house at the corner of 1,1Ielrose and i'Llbemsrle
�ivenues which will not have the reo_uired set -back from
either street.
Upon motion of Er. Bowker, seconded by ?':"s. Brown,
it :^as unanimously voted to :grant tie petition in the
following fore. (iessrs. _ addison and Locke wishing; to
be recorded ill favor:
-CARD CF APPF_:LS
The -Board o2 Anneals, a ctinC,, Linder several Lavis, '
Chapter 40, Sec. 27, hav',n, received a -written petition
addressed to it by `Ralph T'.. -Roberts, a coni- of .which is
hereto annexed, held a public heario-. thereon of which
notice was mailed to the netitioner and to the owners
of all propert',r deer -ed by the Board to be affected there-
by as they appear on the most recent local tax list and
also advertised in the Lexin£,ton Firute-,;an, a newspaper
published in Lexington, which hearin; was held in the
Selectmen's moon, in the Town Office Fiuildin, on the
27th day of Senterber, 19:,0.
Two-ssociates and three members of the Board of
Anpeals were present at the hearing. i certificate of
notice is hereto annexed. it t its hearin�, evidence was
offered on behalf of the netitioner tendin,; to show:
That he desired permission to construct a house to be
located at tine corner of Albemarle and P"elrose Avenues,
Lexi ;-,-;ton, T: ass. , which would riot have the required set-
back from either street. 1?e stated that tine property
had been in the family since 1920, and that there was a
recorded ri�ilt of way of 10 feet alon,,the bac}c line
fro:_..,lbeMarle hvenue to Bow Street, and he submitted
plans showin,(r the proposed location of said buildincr.
is one appeared in oprosition. I
203
4. That o11
-:-_nt to conditions esrecially affecti r_f; the
saia parcel but not affectinv generally t'!e Zonin.C; district
in which it is located, a literal enforcement of tae pro-
visions of the Lexin7ton Zonin.^ ay -law as to the locus in
auestion tj?ould ir_vclve substantial hardship to the petitioner
and that desirable relief ma7T be granted without substan-
tially derogatirr; from the intent or purpose of such Lexington
Zoning By-law,
' Pursuant to the scid findirrsl the Board hereby unani-
mously decides that the application of the said Lexi ;ton
Zonin,o Sy -law is hereby varied so far as may be necessary
to neri'iit the erection of a dwellln'_ on the nro'.er t -i o'v' ned
by Vena T:. Zoberts at tre corner of Albel_:larle �ndl :,_elroso
ivenUeS,,,itl� tile Tt ,ro_hathe .":ain
dwellin s gall be located not naarer titan ten feet froze
either Alber:arlc or ITelrose ,avenues, and that there shall
be at least seven and one-nalf feet from any part of the
structure, includir.r, bulkhead, and the side line of the
ri,>ht of �^raT,
Tile porch and sten f acinar `t::elrose Avenue shall not
extend more than four feet from the rain structure.
The _Foard hereby _akes a detailed record of all its
proceedings relative to such petition and hereby sets forth
that the reasons for its decision a.re its findings herein-
before set fort_z and the testiz�ion� presented at the said
hearinf , includi h,:° that herein sun-n-arized, and directs
that this record JIn1.1-0,diately f ol1Cvv1nt? this decision shall
be filed in the office of the Town 01erY= of Lexington, and
s_^all be open to nubl.ic inspection and that notice of this
decision shall. co lr_ailed crt:n_T,:itti to each party in interest.
At the close of the iea_^in^ the Board
ir. private
session on Seat. 30, 1940 ;ave consideration tj the sub-
lect of the netitior_ and voted ur_animously
in favor of
the followin, findinn;s:
1. That in its ,ud£--aent t:he _public convenience
and
welfare will be substantially served by the
r_akin- of the
excention reauested.
2. That the exception requested will
not tend to
impair the status of the nei.,;hborhood,
3. That tae exception requested will
be in h.rr-,onv
with the eneral purposes and intent of the
re<_<ulations
in the Lexinnton Zoning, By-law.
4. That o11
-:-_nt to conditions esrecially affecti r_f; the
saia parcel but not affectinv generally t'!e Zonin.C; district
in which it is located, a literal enforcement of tae pro-
visions of the Lexin7ton Zonin.^ ay -law as to the locus in
auestion tj?ould ir_vclve substantial hardship to the petitioner
and that desirable relief ma7T be granted without substan-
tially derogatirr; from the intent or purpose of such Lexington
Zoning By-law,
' Pursuant to the scid findirrsl the Board hereby unani-
mously decides that the application of the said Lexi ;ton
Zonin,o Sy -law is hereby varied so far as may be necessary
to neri'iit the erection of a dwellln'_ on the nro'.er t -i o'v' ned
by Vena T:. Zoberts at tre corner of Albel_:larle �ndl :,_elroso
ivenUeS,,,itl� tile Tt ,ro_hathe .":ain
dwellin s gall be located not naarer titan ten feet froze
either Alber:arlc or ITelrose ,avenues, and that there shall
be at least seven and one-nalf feet from any part of the
structure, includir.r, bulkhead, and the side line of the
ri,>ht of �^raT,
Tile porch and sten f acinar `t::elrose Avenue shall not
extend more than four feet from the rain structure.
The _Foard hereby _akes a detailed record of all its
proceedings relative to such petition and hereby sets forth
that the reasons for its decision a.re its findings herein-
before set fort_z and the testiz�ion� presented at the said
hearinf , includi h,:° that herein sun-n-arized, and directs
that this record JIn1.1-0,diately f ol1Cvv1nt? this decision shall
be filed in the office of the Town 01erY= of Lexington, and
s_^all be open to nubl.ic inspection and that notice of this
decision shall. co lr_ailed crt:n_T,:itti to each party in interest.
204
Or, ATF L= of LEXTTI;:TOT
I
(Appointed under G. L. C . 402 Sec. 27)
7".'"1RD 'Pd. `T1,7BxLL
WINTHROP H. BO",irER
J. I?.TOII ROti'vv
dROL I'. LC Cf E
C. ? D,'1AIRD GLYi1:I
"'' ;T .Ira C - r
I, ,;inthrop Bove _ r, •ler; PI oi' ttre Board
of Appeals of Lexington, a- ointed under seneral Laws,
Chapter 40, Section 27, hereby certify that 1 sent by
postage certificate of mailirion the 14th day of Sept-
enber, 1940, to Ida T. 'Taite, Hannah E. ':mite, silbert J.
7., -;an, xntonio Srar nuolo, Charles __. Cumir in;� s, Constance
u. Vr ilison, Eli Roberts, Charles S. & F.attie `":. Squires,
Carl E. Swenson, et al, I',arian A. ',li chardson, "_'r_Li! unt
Co -c Ban'_{, 17arciuo Ca. -dello, Carmella _Loretti, Ralph I-..
.Roberts, and also advertised in the Lexington PIir_ute-PY,an
on September 12, 19tt0 a notice of vihich the following is
a true copy.
WTNTTH7"011 H. BO"•'-'; _Z
Cler Pro -tem, Board of Anneals
September
Lexi r:.F-ton Doard of Zonin- xpreals
Tol;an Office Bui-idinz
Lexington, I111ass.
Gent 1 e�ien :
The undersi,ned hereby petition the Lexington Board
of 11ppeals, anj.-;oi.nted under General Laws, Chapter 40,
Section 27, to vary the application of sectio,-. 9b, of the
Lexinc;ton Zoning; B`r—la's; ;it r respect to t -1 ,e premises at
the corner of .11bercarle and `_.'elrose Lvenues, owned by Vena
;Roberts, 139 Sdoburn Street, Readir_p;, by perr;:ittin the
f ollowinFr,:
To allow Lic to build a .case bac'` from Ylberiarle Ave.
1> feet and in fro'.Iel-_o se Ave. , 10 feet. By so doing
I could construct a bu ldinr, 2O x 27 feet.
U LP=I 7 .. RO BP RTS
139 `,!oburn Street
Reathn , 17ass. '
seste. e? 12, 1960 .
2 0 2 I S 2
The so 2E of £T=eals will acid e sem Ia2 az the
z tte2 02 7z»air the s221:eztios of the zcafr 2w f3
gem ittf on tae _2 ise: o e4 t2 2e - teats zsJ
to cated at tie ce?«e2 of «lbagile asi Eelrose enues,
Le=:r:g t°a, the cons/J ctlof a <
\\ se ve>11 t
have V_e required oae2ve:ts2 street, \mCey
tee
Les:sem a= Zoci Law ur io ceeordance wit -h C6 tee &o,
Sectio- 272 0£ the &cam 2zl 2 s, s=4eat Jit
s.
T�ip heal -:n will to £ell oz Segte aee 277 i§«o =t
Solea e='s 20 , Iowe 0 flee 2&IC:a
IJ,
Lexi«ctoa, sG
? 7,
C2ziz az, soa-d c£ a22 els
'fhe r titin aCZou sed at 2!«> 2. S.
true 2ecord, &-test:
Clerk Pro -tem.
I
205.
206
October .;:6, 1QJ40
r'eetin,�r, of the Board o ppeals was held in the
Selectr,.enl s �coi'" , TO;'d Ci l P BUIICLLIF-;, a ; 0(i T. .
Chale : ar. =1 r. and - "essrs ,ddi son, Locl.e, . i -:.ball and
were nrese.nt. Te :secret
°' ars- - s also resent
_
.Ilt 6:00 P. 1.'. hearin;; vv s declared oven u,�)on the
yetitio-Cf the Lex�r-,ton :'pries, Inc. for rcraission to
erect and r:iainta' n tv^:o real estate signs, 6' x 81 at the
corker of '%atertman Street and t'cle ConCOrCi Turnpike.
The netitioner failed to E.moe'Ir. Dr. and i:irs. Fred-
eric:_ L,,rnc.i of 56 ' atertov;n Street a7Jeared, ara the Board
heard their onr,osition to the C--ant-'Ln,,--, of the petition.
The rreetin} _v.as adjourned to 8:25
1� true record, fittest:
1
�S
Clerk ^,-o-tem. I
1
�S
rt
1