HomeMy WebLinkAbout1941-05-16I
BOARD OF APPEALS MEETING
Ptlay 16, 1941
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, Lexington at
8:00 P. Y. Messrs. Kimball, Robbins, Bowker, and Brown
were present. The Secretary was also present.
In the absence of Mr. Glynn, Mr. Kimball acted as
Chairman Pro -tem.
At 8:00 P. 1,1. hearing was declared open upon the
application of the David Buttrick Company for permission
to enlarge the existing roadside stand at 384 Bedford Street,
Lexington. Mr. Buttrick and five other persons were present.
The notice of the hearing was read by Clerk Robbins.
Mr. Buttrick said that when they had vegetables to
sell they would need more room. lie said he had added a
platform to the existing building, and desired to put a
roof over it. The platform is 12' x 181.
Mr. Kimball asked if he expected to have counters,
and Mr. Buttrick said that he had a license to sell
produce grown on the land, and he thought he might want
' counters. He said that he had built a barn which cost
about five thousand dollars.
Mr. Buttrick said that the matter of parking was im-
portant, and it was their desire to keep the cars off the
street. He said he might go to the expense of putting
a black top on more of his land, and this would make a
larger parking space.
Mrs. Eugene M. Commons of 402 Bedford Street said
that her property was next door to the Buttrick stand and
was in a residential zone. She thought an addition to
the vegetable stand would detract from the value of her
property. She said that traffic conditions were very bad
now and cars parked in front of her house. The driveway
to the stand is about 100' from her property, .and she
thought that there would
be addition al lights which would bother her very much.
Mr. Kimball said that the Board was concerned with
the extension of the building only, and not with the
question of flood lights this evening.
Mrs. Corrmons said that she was opposed to changing the
zone from business to residential.
L
239
240
Mrs. Edwin C..Elder of 377 Bedford Street said that
'
traffic conditions were very bad, and that cars parked
in front of _her house, also. Lr. K=imball asked if she
objected to the enlargement of the existing use, and she
replied in the affirmative. She said that last year they
were bothered with noise in the evening.
Mr. Robert Trimble said that he owned the house at
395 Bedford Street, and when he went to collect his rent
this month, the tenant said he was going to move if
Buttrick was going to enlarge the existing stand.
Trimble thought the enlargement would be a detriment to
his property. tor. Trimble said that his tenant com-
plained about the noise of the cars at night.
Irlr. Kimball asked if the noise was not due to the
ice cream stand there now, and I,fr. Trimble said that it
was.
Mr. Brown asked Mr. Buttrick how much land he had,
and he replied that he had between eight and nine acres.
Mr. Kimball asked Mr. Buttrick if he expected that
the addition of a roof over the existing platform would
increase his business, and he replied in the affirmative.
11r. Buttrick said that he could park about 280 cars
now, and would do everything possible to keep the cars '
off the street. The lines are being painted in again,;
and he hoped that the people would park right. He thought
a few "No Parking" signs on the other side of the street
might help. Mr. Kimball said hP thought it might be a
good idea to have a man out'in the street to direct
traffic, and hr. Buttrick said that most similar stands
had to have a local officer take care of the traffic.
No other persons wishing to be heard, the hearing
was declared closed at 8:25 P. M.
At 8:25 P. M. hearing was declared open upon the
application of the Lexington Trust Company for per-
mission to construct a dwelling on Lot 1e, Bedford St.
Mr. W. D. Hagerty and i.rs. D. H. Freeman of 305
Bedford Street were present at the hearing. Mr. Fred
Newhall was also present.
The notice of the hearing was read by 1r. Robbins.
11r. Newhall said that he represented the Lexington
Trust Company. He said that the bank had owned the
property, consisting of 7.,000 square feet, for some
time. Recently the bank had an offer to sell the entire
property, contingent upon the ability to divide it into '
three lots. One lot is about 1' feet short on the
frontage.
241
Mr. Kimball asked if the bank had applied for a
Building Permit and been refused, and T.Ir. Newhall replied
in the affirmative.
Mr. Hagerty asked if the Board permitted this vari-
ance, and the bank sold the property and the ovmer decided
not to erect houses, but wanted to do business, if the
owner would have to come before the Board of Appeals again.
11r. Kimball said that the Board of Appeals had no
jurisdiction over allowing business at this location at all.
He said that it was a residential zone, and that business
could be done there only if the Town I:Ieeting voted to
change it to a business zone.
Mr. Kimball asked Mrs. Freeman if she wished to oppose
the petition, and she said that she did not, but was
opposed to any change in the zoning law.
kr. Newhall said that it was a Mr. Ready who was
going to purchase the lots.
Mr. Hagerty said that he had no objection whatsoever.
The hearing was declared closed at 8:40 P. M.
Upon motion of Mr. Bowker, seconded by Mx. Brown, it
was unanimously voted to grant the Lexington Trust Company
petition in the following form: (I�Ir. Locke wishing to be
recorded in favor):
' 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 Lexington Trust 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 ad-
vertised in the Lexington Tvlinute-plan, a newspaper published
in Lexington, which hearing was held in the Selectmen's
Room, in the Town Office Building on the 16th day of liay,
1941.
Two Associates and two 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 a Building Permit had been requested and refused
for Lot "c" shown on Plan of Land in Lexington, Klass. dated
April 23, 1941, Everett IV% Brooks, C. E., which would not
have the necessary 100 ft. frontage, lacking 1.55 ft;
That this lot was located on the westerly side of Bedford
Street not far from the Parker School;
That the area was considerably in excess of the necessary
amount required by the Zoning By-law.
' No one appeared in opposition.
242
At the close of the hearing the Board in private '
session on May 16, 1941 gave consideration to the subject
of the petition and voted unanimously in favor of the fol-
lowing 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
'
unanimously decides that the application of the said Lex-
ington Zoning By-law is hereby varied so far as may be
necessaty to permit the erection of a dwelling on the
lot numbered "c" as shown on a Plan of Land in Lexington,
Mass. dated April 232 1941, Everett M. Brooks, C. E.,
owned by the Lexington Trust Company.
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 here-
inbefore 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)
Edward W. Kimball
Winthrop H. Bowker
T. Mlilton Brown '
toward W. Robbins
Errol H. Locke
243
' 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 cer-
tificate of mailing on Nlay 1, 1941 to George F. Smith,
Lulu 11. Blake, William E. & Margaret A. ivialoney, Doris
Y. Lovell, P. Forbes, & Mildred F. Butler, Harriette W.
Smith, William D. & Alice P. Hagerty, Daniel H. Freeman,
Mary C. Donnellan, and Lexington Trust Company, and also
advertised in the Lexington Minute Man on Tilay 1, 1941, a
notice of which the following is a true copy.
HOWARD IN. ROBBINS
Clerk, Board of Appeals.
N 0 T I C E
May 1, 1941
Lexington, Mass.
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 Lexington Trust
Company and located on Bedford Street, Lexington, the
construction of a dwelling on a lot which will not have
' the required frontage, 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 May 16, 1941 at 8:15
P. P. in the Selectmen's Room, Town Office Building,
Lexington, Mass.
C. EDWARD GLYNN
Chairman, Board of Appeals
April 28, 1941
Lexington Board of Zoning Appeals
Town Office Buildir_n
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board
of Appeals, appointed under General Laws, Chapter 40,
Section 27, to vary the application of section 9B of the
Lexington Zoning By -Laws with respect to the premises at
Bedford Street, owned by Lexington Trust Company of Lex-
ington by permitting the following:
244
Authority to use as a building lot Parcel C, comprising ,
27,440 sq. ft., and having; a frontage on Bedford Street
of 98.45 feet, as shown on the accompanying plan entitled
"Plan of Land in Lexington, dated April 23, 1941, Everett
iv% Brooks, C. E."
LEXINGTON TRUST COMPANY
By: Clarence S. Walker
Treasurer
Upon motion of Mr. Bowker, seconded by Pair. Kimball,
it was unanimously voted to deny the Buttrick petition in
the follo;^aing form: (Pair. Locke wishing to be recorded in
opposition):
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by 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 binute-Man, a newspaper pub-
lished
ub-lished in Lexington, which hearing was held in the Select-
men's Room, in the Town Office Building on May lb, 1941.
Two Associates and two 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 erect a roof over an existing
platform attached to the roadside stand located on the
northwesterly corner of the property at 384 Bedford Street.
The petitioner felt that this was necessary as a protection
to the produce exposed, as well as to the prospective pur-
chaser; he hoped that it would increase, somewhat, his
business at this location, and that cars could be accommo-
dated from his property. This addition would practically
double the size of the present building.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that they owned
three pieces of property, one directly adjoining this lot,
and two directly on the opposite side of Bedford Street, and
they were opposed to the increasing of the business as now
carried on, stating that the present noise of cars was
objectionable and would of necessity become more so as the
business was enlarged.
1
245
At the close of the hearing the Board in private
session 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 not be substantially served by the making
of the exception requested.
2. That the exception requested will tend to impair
the status of the neighborhood.
3. That the exception requested will not be in
harmony with the general purposes and intent of the regula-
tions in the Lexington Zoning By-law.
4. That the enforcement of the Lexington Zoning By-law
as to the locus in question would not involve practical
difficulty and unnecessary hardship and the relief requested
may not be granted without substantial detriment to the
public good and without substantially derogating from the
intent and purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby
denies the said petition of David Buttrick Co., located
at 384 Bedford Street, for the enlargement of the exist-
ing roadside stand.
' 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 a public record and that notice of this de-
cision shall be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L. Ch. LA Sec. 27)
Edward W. Kimball
Errol H. Locke
J. 1,v4ilton Brown
Howard W. Robbins
Winthroa H. Bowker
I, Howard W. Robbins, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
Sec. 27, hereby certify that I sent by postage certificate
on May 1, 1941 to Velma I. Bieren, Lulu M. Blake, Frank
& N&lissa 1. Johnson, Frank J. & Mary J. Longeway, Nellie
T. Bossom, Ralph C. and Ruth J. Bartlett, James E. &
Alice B. Nee, John P•/I. & Ethel A. Brenton, Ethel F. Bean,
246
Edwin C. & Mabel H. Elder,*Ilary Trimble Agnes Id. Commons '
Mary A. Saunders, No. Cambridge Co-op. Bank, Waverley Co-
op. Bank, and David Buttrick Co., and also advertised
in the Lexington Minute -Man on May 1, 1911, a notice of
which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals
N O T I C E
Lexington, Dass.
May 1, 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 the David Buttrick
Co. and located at 384 Bedford Street, Lexington, the
enlargement of the existing roadside stand, 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 May 16, 1941 at 8:00
P. I.,% in the Selectmen's Room., Town Office Building,
Lexington, Mass. '
C. EDWARD GLYNN,
Chairzm n, Board of Appeals
April 26, 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. 384 Bedford Street, owned by David Buttrick Co. of
Arlington, by permitting the following: Enlargement of
existing roadside stand.
David Buttrick Co.
hill St., Arlington
by Gorham Buttrick '
1
1
1
The records of the meeting held on P:iarch 21, 1941
were declared approved.
The meeting adjourned at 9:35 P. L-1.
A true record, Attest:
4S --t C e rk