Loading...
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: 235 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 1 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, 1 237 238 9 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: 44-�� +Cerp4l�< 1 0 1