HomeMy WebLinkAbout1941-03-21234
BOARD OF APPEALS MEETING '
March 21, 1941
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. Kimball, Bowker, Robbins, and
Locke were present. The Secretary was also present.
At 8:00 P. M. hearing was declared open upon the
application of Antonio J. Lima for permission to enlarge
the existing roadside stand at 877 Waltham Street, Lex-
ington.
The notice of the hearing was read by Clerk Robbins.
Mr. Lima was the only person present at the hearing.
He stated that he desired to extend the building back
about ten feet.
The Chairman asked what the size of the present
building was, and he replied that it was about 10' x 111.
Mr. Lima said that he had had trouble with rats in the
fall, and lost a lot of squash, so he wanted to build a
cellar.
The Chairman asked how close to the street the build-
ing was, and Mr. Lima said that it was about 20' from the
sidewalk line. The Chairman asked if he had been selling
only his own produce, and Mr. Lima said that he sold only
what he raised himself, and that sometimes he could not
sell all of it.
The Chairman asked what the cellar was to be built
of, and Mr. Lima said that it was to be built of cement
blocks. The Chairman asked if there would be any change
in the front of the building, and Lima replied in the
negative. He said that the cellar would be about even
with the sidewalk.
The Chairman asked what kind of a roof the building
would have, and Mr. Lima said it would have a pitched
roof.
He retired at 8:07 P. M.
Upon motion of Mr. Kimball, seconded by Mr. Robbins,
it was unanimously voted to grant the petition in the
following form:
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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 Antonio J. Lima 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 re-
cent 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
Building on the 21st day of March, 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 be-
half of the petitioner tending to show:
That he wished to enlarge the existing roadside stand,
a "non -conforming use", by carrying the structure back ten
feet beyond its present rear line, the size now being 10' x
11' (approximately), and that he wished to put a cellar under
the entire building, both the old part and the addition, this
cellar to be constructed of cement blocks and to be used
principally for the storage of squash, pumpkins, etc., in
connection with their sale.
At the close of the hearing the Board in private session
on March 21, 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 requested.
2. That the exception requested will not tend to im-
pair 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 substantially
derogating from the intent or purpose of such Lexington
' Zoning By -Law.
236
Pursuant to the said findings, the Board hereby un-
animously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit
Antonio J. Lima, on his premises at 877 Waltham Street,
Lexington, to enlarge the existing roadside stand by adding
a single story addition in the rear, extending ten feet be-
yond the present rear line, so that the building will be
approximately 11' x 20' instead of approximately 11' x 101
as at present; also to place under the entire building
a cellar, the walls of which are to be constructed of cement
blocks or other equally suitable material. This permit
is granted under the condition that the stand shall be kept
in a neat and clean condition; that the additional space
is to be used only for storage of pruduce in connection
with its sale on the premises; that then shall be sold
from the stand only the produce of the owner grown in
Lexington, and that sufficient parking space on the pre-
mises shall be provided for motor vehicles so that they
will not become a traffic hazard; that this addition shall
be completed within six months from the date of this per-
mit.
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-
before 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)
C. Edward Glynn
Winthrop H. Bowker
Edward W. Kimball
Errol H. Locke
Howard W. Robbins
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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 mail-
ing on the 26th day of February, 1941 to Augustus J. & Lillian
F. Silva, Luigi Ferrazzani, Annie T., Mary F., Letitia Carroll,
Marie G. Rose, Mary L. Hardy, Charles D. & George F. Leonard,
Tekla Berlin, Louis J. Reynolds, Emilia Ferreira, Mabelle S.
Thompson, John A. & Hazel L. Sellars, Isabella Fardy, Warren B.
Lawrence, Mary R. Lawrence, William B. & Mable M. Peterson,
Peter & E. Gerard, Ethel L. & John F. Faly, Arthur C. &
Isabelle Salisbury, Frank L. T. & Esther 0. Carlman, Mary W.
Davis, William J. & Mary E. Armstrong, Antonio Lima, and also
advertised in the Lexington Minute -Man on February 27, 1941,
a notice of which the following is a true copy.
Howard W. Robbins
Clerk, oar of Appe-a--7s-
February 25, 1941.
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 9A of the Lexington
Zoning By-law with respect to the premises at No. 877 Waltham
Street, owned by Antonio J. Lima of Lexington, by permitting
the following:
The enlargement of the existing roadside stand.
Antonio J. Lima
877 Waltham Street
Lexington, Mass.
NOTICE
Lexington, Mass.
February 27, 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 Antonio J. Lima and located at 877 Waltham
Street, Lexington, the enlargement of the existing roadside stand,
under the Lexington Zoning Law or in accordance with Chapter 40,
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237
238
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Section 27A of the General Laws and amendments. ,
The hearing will be held on March 21, 1941, at 8:00
P. M. in the SelectmenIs Room, Town Office Building,
Lexington, Mass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
The records of the meeting held on February 28, were
declared approved.
The meeting adjourned at 8:35 P. M.
A true record, Attest:
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