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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