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HomeMy WebLinkAbout1941-09-05 283 BOARD OF APPEALS MEETING September 5, 1941 A meeting of the Board of Appeals was held in the Sel- ectmen' s Room, Town Office Building, on September 5th at 8:00 P. M. Chairman Glynn and Messrs. Kimball, Robbins, Locke, and Brown were present. The Secretary was also present. At 8 00 P. M. hearing was declared open upon the petition of Henry DeVincent for permission to maintain a roadside stand on land owned by Candida DeVincent and located at the corner of the Cambridge-Concord Turnpike and Pleasant Street. Mr. & Mrs. DeVincent and their son were present at the hearing. The notice of the hearing was read by Clerk Robbins. Mr. DeVincent said that he wante1 to sell produce grown on his land, that he wanted a building twenty to thirty feet square, with the usual doors and windows , that he owned the land on both sides of the Turnpike, that the building would be set back as far as necessary, with an entrance from the Turnpike and onto Pleasant Street. The stand would be open from twelve noon to nine or ten o 'clock in the evening, and would necessarily have to have lights. It would be one story in front , on slanting land, and would have a basement and an entrance from the rear level The building would be of wood, and would have a concrete block basement IIr. Kimball asked if the building would have an overhang- ing roof, so that the vegetables would be protected from the sun and rain, and DeVincent said it would have a four or five foot overhang. Mr. Kimball asked if he had obtained a permit from the State Highway Department to have his entrance from the Turnpike , and Mr. DeVincent said he had done nothing about that yet. No other persons wishing to be heard, the hearing was declared closed at 8:13 P. L . The records of the meeting held on August 1st were declared approved. At 8 30 P. M. hearing was declared open upon the petition of R. Lockwood Tower, et al , for permission to maintain a real estate office and sign on Lot 51, Follen Road, Lexington. Mr. W. b. Caouette appeared for the petitioner. The notice of the hearing was read by Clerk Robbins. Mr. Caouette said he wished a renewal of the permit granted last year, and the only change was that he wished the building placed on Lots 51A and 52A rather than on Lot 51. No persons appeared in opposition, and the hearing was I declared closed at 8 32 P. 1 . 284 1. c, The Boardgaveparticular consideration tothe fact that the Concord Turnpike was laid out for the purpose of expediting travel and that any business or other activity bordering on it causes motor vehicles to stop or slow down upon leaving or entering the turnpike , and thereby creates hazards and defeats the original purpose The Board also considered the fact that no permits for road- side stands have so far been granted on the Turnpike. Upon motion of Mr. Kimball, seconded by Mr Locke, it was unanimously voted to deny the DeVincent petition in the following form The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Candida DeVincent , 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 newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on Sept- ember 5, 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 and maintain a roadside stand thirty-feet square, with the usual doors and windows, on his land located at the westerly corner of the Cambridge Concord Turnpike and Pleasant Street in Lexington, that the building would be of wood construction, with a con- l'rc bloc f TRI t ifp t c �Cte TIs u ul ' ri tn%ile Sri t or he s� e thaton theoparkingautomobiles, eci at 1't ahis Lintentio rt000 lave thtlrcoftth parking space on the Concord Turnpike and the exits ont Pleasant Street, that he would wish to have the stand open between approximately the hours of twelve noon and nine in the evening, or a little later, that he would need lights to serve the stand during the evening hours, that there would be a basement under the roadside stand, with an entrance of ground level in the rear. No one appeared in opposition to the granting of the petition. At the close of the hearing the Board in private ses- sion on September 5 , 1941 gave consideration to the subject 285 of the petition and voted unanimously in favor of the follow ing 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 regulations 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 Candida DeVincent and in doing so has given particular consideration to the fact that the Cambridge- ' Concord Turnpike was laid out for the purpose of expediting travel, and that any business or other activity bordering on it causes motor vehicles to stop or slow down upon leaving and entering the turnpike , and thereby creates hazards and defeats the original purpose. 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, 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 decision shall be mailed forth- with to each party in interest. BOARD OF APPEALS OF LEXINGTON Appointed under G.L.Ch.40, Section 27 C. Edward Glynn Edward V . Kimball Errol H. Locke J. Milton Brown Howard W. Robbins 286 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 certifi- cate of mailing on the 14th day of August 1941, to Henry DeVincent , Candida DeVincent, Seiler' s 1775 House, Inc. , Henry S. Moody, Tr. , Ernest H. R. Burroughs , and Lily C. Johanson, and also advertised in the Lexington Minute-Man on August 14, 1941, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals August 11, 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 of the Lexington Zoning By-law with respect to the premises at the corner of Pleasant Street at the Concord Turnpike, owned by Can- dida DeVincent of Lexington by permitting the following To maintain a roadside stand for the sale of products grown on our farm. Henry DeVincent 73 Adams Street Waltham, Mass . NOTICE Lexington, Mass. August 14, 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 Candida DeVincent, and located on the corner of Pleasant Street and the Concord Turnpike, the maintenance of a roadside stand to sell produce grown on the premises, under the Lexington Zoning Law or in accordance with Chapter 40 , Section 27A of the General Laws and amen dyne nt s. 287 The hearing will be held on September 5 , 1941 at 8 00 P. Itis in the Selectmen' s Room, Town Office Building, Lex- ington. C. EDWARD GLYNN, Chairman, Board of Appeals Upon motion of Mr. Locke, seconded by br. Kimball, it was unanimously voted to grant the Tower petition in the following form BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap- ter 40 , Sec. 27, having received a written petition addressed to it by R. Lockwood Tower, et al, 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 Linute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 5th day of September, 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 desired to maintain a real estate office and sign on Lots 51A and 52A Follen Road, owned by d Lockwood Tower Cr. "1 S . Caouette appearing for the petitioner) , that the main buildin,; would be approximately 12' x 22' , with a 5 ' extension, that they plan to increase their development by about 100 acres on the southwesterly side of Pollen Road, that in order to properly handle their business it was necessary to have a building of this nature. No one appeared in opposition At the close of the hearing the Board in private session on September 5 , 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 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 288 cn 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. Pursuant to the said findings , the Board hereby unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit R . Lockwood Tower, et al , to erect and maintain a real estate office and sign on Lots 51A and 52A, these being the lots on the southwesterly corner of Follen Road and Locust Ave. Extension and owned by R. Lockwood Tower, et al , with the provision that the property shall be kept in a neat and attractive appearance , that the sign shall not exceed 3 ' x 5' , and that the building shall be used as an office building only, further that the building shall be removed within three months of the expiration of this permit, this permit to expire on August 3, 1942. The Board hereby makes a detailed record of all its proceedings relative to such petition anti 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 deci- sion 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 ERROL H. LOCKE J. MILTON BROWN EDWARD W. KIMBALL HOWARD W. ROBBINS I, Howard W. dobbins , 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 21st day of August, 1941 to Francis Fay T..iller, Henry D. & Mary E. Liller, Howard N. & Constance I Bennett , William J Slocum, and also advertised in the Lexington Linute-Man on August 21 , 1941, a notice of which the following is a true copy HOWARD W. ROBBINS Clerk, Board of Appeals 289 August 18, 1941 II Lexington Board of Zoning Appeals Town Cffice Building Lexington, Massachusetts G entlerie n The undersigned hereby petition the Lexington Board of Appeals , appointed under General Laws, Chapter 40 , Section 27 , to vary the application of Section 4 of the Lexington Lonin„, by-law with respect to the premises at Lot 51, Pollen :toad, owned by the undersigned by permitting the following Maintenance of a real estate office and sign for the period August 24, 1941 to august 23 , 1942. R. Lockwood Tower William A. Tower Philip Tower By Francis Fay Miller Their Attorney in fact 84 State Street Tenth Floor Boston, Massachusetts N 0 T I C s: Lexington, Mass. August 21 , 1941 The Board of Appeals gill hold a hearing on the matter of varying tae a?_,lication of the ZoninJ Law by permitting on the premises owned by R Lockwood Tower, et al, the maintenance of the existing real estate office and sign on Lot 51, Pollen Road, Lexington, under the Lexington Zoning Law or in accordance with 0hapter 40 , Section 27n of the General Laws and amendments . The hearing will be held on ,September 5, 1941 at (, 30 P. M. in the Selectmen' s Room, Town Office Building„ Lexing- ton, Mass. The reetin adjourned at 9 05 P L . true record, Attest 74/a/174-A4 lerk