HomeMy WebLinkAbout1941-09-05283`
BOARD OF APPALS LEFTING
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. 11. Chairman Glynn and Messrs. Kimball, Robbins,
Locke, and Brown were present. The Secretary was also present.
At 8:00 P. Iii. 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. & Tubs. DeVincent and their son were present at the
hearing. The notice of the hearing was read by Clerk Robbins.
Pier. DeVincent said that he wanted 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.
hlr. 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.
&;r. Kimball asked if he had obtained a permit from the
State Highway Department to have his entrance from the Turnpike,
and 1r1r. 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. Is.
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. S. Caouette appeared for the petitioner.
The notice of the hearing was read by Clerk=tobbins.
Pair. 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
' declared closed at 8:32 P. 'H.
284
The Board ave articular consideration to e '
g p the 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 Pdr. Kimball, seconded by 11r. Locke,
it was unanimously voted to deny the DeVincent petition
in the following form:
The Board of Appeals, acting under General Laws,
Chapter 403 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-
cretet bloc fouxj-y t o ro �Cte oras �HVOM'lUhseinit
or he s e on ohh kk t
}id�it Gatto n.. that twl s his Linten'1 on rtoo ave tthe peritralr ce of a oe�obiles,
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
I
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 IV. Kimball
Errol H. Locke
J. Milton Brown
Howard W. Robbins
286
I, Howard 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. P`oody, 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, t:ass.
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, Nass.
N O T I C E
Lexington, Yass.
August 14, 1941
The Board of r'ppeals will hold as 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, 1911 at 8:00
P. M. in the Selectmen's Room, Town Office Building, Lex-
ington.
C. MVARD GLYNN,
Chairman, Board of Appeals
Upon motion of Mr. Locke, seconded by Yr. 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 4.0, Sec. 27, having received a written petition addressed
to it by R. Lockwood Tower, et a1, 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 Tiinut e-I":an,a newspaper published in Lexington,
which hearing was held in the Selectulen'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 R. Lockwood Tower
(t -r. "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 Follen 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
of the L(,xington Zoninf, 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 23,1942.
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 deci-
sion shall be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LE)aNGTON
(Appointed under G.L.Ch. 40, Sec. 27)
C. EDWARD GLYDTN
ERROL H. LOCKE
J. IILTOiv BROIrIN
EDWARD 71. KIIIBALL
HOWARD IV. ROBBINS
I. Howard IV. 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 wailing on the 21st day of August, 1941 to Francis Fay
I.ii11er, Henry D. & Mary E. I:`iller, Howard N. & Constance I.
Bennett, Ydillism J. SlocLua, and also advertised in the
Lexington. 1,inute-Lan on,hugust 21, 1941, a notice of which
the following is a true copy.
HOWARD W. ROBBINS
Cler1k, Board of Appeals
1
1
1
August 18, 1941
Lexington Board of Zoning Appeals
Town Office BuildinS
Lexington, 11assachusetts
Gentlemen:
The undersiEned 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
'"Zoning By-law with respect to the preriises at Lot 51, Follen
12oad, owned by the undersigned by periiitting the following:
I:aintenance of a real estate office and sign for the period
August 24, 1941 to August 23, 1942.
JR. Lockwood Tower
Williaiu A. 'Power
Philip Tower
By 1'rancis Fay filler
Their Attorney in fact
84 State Street
Tenth Floor
Boston, 1:assachusetts
N 0 T z c F
Lexington, Mass.
August 21, 1941
The Board of appeals will hold a hearing on the Latter
of vur *in7 the a?_;lieation of the Zoning Law by permitting
on the premises owned by R. Lockwood Tower, et al, the
maintenance of the existin=n real estate office and sign on
Lot 51, Follen Road, Lexin^ton, 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 ;September 5, 1941 at 8:30
P. I,T. in the Selectiuenf s Room, Town Office Building, Lexing-
ton, P;iass.
The meeting adjourned at 9:05 P. Iii_.
t, true record, Attest:
lerk