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HomeMy WebLinkAbout1941-02-14BOARD OF APPEALS RECORDS ' February 14, 1941 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P.M. Chairman Glynn and Messrs. Kimball, Robbins, Locke, and Bowker were present. The Secretary was also present. At 8:00 P. M. hearing was declared open upon the applica- tion of Alexander Marvin for permission to erect a real estate sign 4' x 8' and the construction of a dwelling which will not have the required area, at the so-called Marvin Development, located on the southerly side of Mass. Avenue between Charles Street and Taft Avenue. Miss Elise Schofield appeared to represent Mr. Marvin. The ntoice of the hearing was read by Clerk Robbins. Miss Schofield presented a plan of the development. She said that six lots were being built upon at the present time. The residents of Smythe Street do not want a dead end, and if the street is out through, it will take part of two lots in the Marvin development. Lot #5 has over 13,615 square feet, and the developer would like to divide the lot into two parts, each with -about 6800 square feet. The lots would be 68' x 1001. ' Mr. Glynn asked if the lots were to be built upon, and Miss Schofield replied in the affirmative. Miss Schofield said that the developer would like to have a sign near Mass. Avenue that could be seen from the Avenue. They had not made up their minds as to how far back the sign would be. It would be to advertise the entire development, but there would be. No persons appeared in opposition. Miss Schofield retired. The records of the meeting held on January 31 were declared approved. It was decided not to act on the matter of the division of the lots until February 28. Mr. Bowker moved that the permit for the signs be granted. Mr. Kimball seconded the motion, and it was so voted. The permit was granted in the following form: F 227 228 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 Alexander Marvin , a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the peti- tioner 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 14th day of February, 1941. One Associate and four 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 erect a sign 4' x 8' on the Mass. Avenue frontage of his property lying between Taft Avenue and Charles Street, Lexington; that it was not his intention to light the sign at night. No one appeared in opposition. At the close of the hearing the Board in private session on February 14, 1941 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 re- quested. 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 of 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 1 1 Alexander Marvin to erect and maintain upon the Massachusetts Avenue frontage of his property lying between Tavt Avenue and Charles Street, Lexington, a sign for the purpose of advertis- ing only the development at that location, the size to be 4t perpendicular and 6t horizontal, to be located not nearer to Mass. Ave. than 201 from the street line; the sign to be kept in good repair and condition at all times. This permit shall expire on February 14, 1942. 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 forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch, 40, Sec. 27) C. Edward Glvnn Errol H. Locke Winthrop H. Bowker Howard W. Robbins Edward W. Kimball 229 230 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 31st, day of January, 1941 to Nellie H. Viano, Walter H. Lennon, Pasquale Luongo, Catherine C. Whalen, Ragna H. Goddmanson, Paul Johnson, and Alexander Marvin and also advertised in the Lex- ington Minute -Man on January 30th, 1941, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. January 21, 1941. Lexington Board of Zoning Appeals Town Offices 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 9A & B of the Lexington Zoning By -Law with respect to the premises off Mass. Avenue between Taft Avenue and Dharles Street, owned by Alexander Marvin of Belmont, Massachusetts by permitting the following: Erection of a real estate sign ( 4 x 8 ) and the construction of a dwelling which will not have the required area, at the so-called Marvin Development, located on the southerly side of Mass. Ave., between Charles Street and Taft Avenue. Isl Alexander Marvin (Signature) 160 Rutledge Road (Address} Belmont, Mass. N 0 T I C E Lexington, Mass. January 30, 1941, 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 Alexander Marvin and located off Mass. Ave., between Taft Avenue and Charles Street, Lexington, the erection of a real estate sign, 41 x 81, and the construction of a dwell- ing on a lot which will not have the required area, 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 February 14, 1941, at 8:00 P.M. in the Selectmen's Room, Town Office Building, 'Lexington, Massachusetts. C. Edward Glynn Chairman, Board of Appeals. Insert: Lexington Minute -Man, January 30, 1941. ' The meeting adjourned at 9:00 P. M. A true record, Attest: 1 1 231