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HomeMy WebLinkAbout1941-11-07 • BOARD CF APPEALS MEETING i,ovember 7, 1941 A meeting of the Board of Appeals was held in the Selectmen' s Room at o" CO P M. Chairman Glynn and Messrs. Maddison, Robbins, Locke, and Bowker were present . The Secretary was also resent At o 00 F. P. heafin&. was declared open upon the petition of Sumner Robinson & Robert N. dolt, Trs. u/w of James S. Munroe for permission to erect and maintain a real estate sign five feet by four feet between 1303 and 1351 Mass Ave , Lexington. Mr. Robert C. Merriam appeared before the Board and said that he represented the petitioners The notice of the hearing was read by Clerk Robbins. Munroe I'Ir. h.erriam presented a plan entitled "Plan of Land hearing in Lexington, Mass, owned by James P. Munrae et al Trustees. February 5, 1917 Dimensions and Areas are approximate only. Scale 40 Ft . = 1 in. Chas. J. Elliot, Engr. & Surveyor " Mr Merriam said that the owners had held the land for a good many years, and would like to sell it . They would S like permission to put the sign on the land advertising it for sale. The sign would be not over five feet by four feet. The Chairman asked how far back he would put the sign, and Merriat said it would be back about fifty feet. The C_lairr, an asked if it would have to be nearer than thirty feet, and Mr. Merriam replied in the negative. The Chairman asked if the sign was to be illuminated, and Mr. Merriam said that it was not . The hearing was declared closed at 8 06 P. T . , and Mr. Merriam retired. The records of the meeting held on October 18 were de- Records Glared approved, with one correction. A letter was received from the Clerk of the Selectmen Budget for requesting that the budget for 1942 be submitted. The Sec- 1942 retary was told to prepare the budget sheets and request an appropriation of 1150.0u . At 8 15 P 11 hearing was declared open upon petition of the Socony Vacuum Oil Co. , Inc for permission to construct a lubritorium at the corner of Marrett Road and Waltham Street. The- notice of the heatring was read by Clerk Robbins . Yr Eugene F Sullivan of 205 6th Street , Cambridge , said that he represented the real estate department of the Socony Vacuum Oil Co . , Inc . 2 Mr. Sullivan presented a plan entitled "Socony Vacuum Oil Company Inc. Boston Mass. 31 gt. James Ave. Service Station Plot Plan Location Lexington Mass. " dated September 20, 1941. He said that they intended to build a lubritorium adjoining the present building. The Chairman asked if they had any outside facilities for oiling now, and Mr. Sullivan said that there was an outside lift now. The Chairman asked what the size was , and he said was 15' in width and approximately 26 ' in depth. The Chairman asked how close the addition would come Socony to the sidewalk line , and Sullivan said that it would be hearing about 28' . The Chairman asked if this was the only change, and Sullivan said that it was. He said, hoNever, that tney would finish off the yard. The Chairman scaled the plan, and said that the addition would come less than twenty feet from the side- walk. Sullivan said that they would keep within the twenty foot setback. The Chairman said that there was only 17i or 18 feet between the proposed addition and the sidewalk. He told Sullivan that that would have to be corrected and Sullivan said it would be. The Chairman asked if the existing pumps were going to be relocated, and Sullivan said they would be moved up to get them farther away from the door so they would not 4110 interfere with cars backing out . No one appeared in opposition. The hearing was declared closed at 8 25 P. M. Mr. Sullivan retired. At 8 30 P. M. hearing was declared open upon petition of the David Buttrick Company for permission to erect a roof over the existing stand at approximately 384 Bedford Street, Lexington. Mr. David A. Buttrick , Mr. Gorham Buttrick, Mr. Neil McIntosh, Mrs. Eugene Commons and daughter and brother, Mr. Daniel J. Clifford of Watertown, appeared at the hear- ing . The notice of the hearing was read by Clerk Robbins. Mr. Buttrick said that he desired to place a roof over the small stand where they sell vegetables, in order to protect the produce from the sun and weather. He said that there would be a wall up to the windows to place things against. They have no intention of enclosing the stand. Mr. Bowker asked if the roof would extend out on the sides, and Mr. Buttrick said it would come to just about the same place as the present building. Mo one else appeared in favor of the granting of the petition. Mr. Daniel J Clifford said that he was speaking for Yrs. Commons of 402 Bedford Street, who owns the property adjoining the Buttrick property. Mrs. Commons built her 4111 , ' 4111 house about twenty years ago. He said that she had no objection to the way Mr. Buttrick conducted his business, but she was trying to protect her home and the value of it in the future She feels that the petition to change the zone recently was turned down, and that it should be turned down again. He said that this building was formerly a caddy house. He said that putting on this roof would seem to be just a step toward making this a permanent use. He said that there was another building used for the storage of vegetables, making two buildings within fifty feet of Mrs. Common's house. The Chairman asked if the Common' s built their house when the Smith Bell Farm was operating, and bars. Commons replied in the affirmative. Mr. Clifford presented a paper signed by twelve property owners in North Lexington protesting against changing or varying the Zoning Law relative to property owned by David Buttrick at 395 to 400 Bedford Street , Lexington. The Chairman asked how much property Mrs. Commons had, and Mr. Clifford said that she owned one and one-half acres, and had a 90' frontage. Mr. Neil McIntosh said that he was neutral. He did 1111 not know just what was requested, but of course he would object to any change in the status of the neighborhood. From what he had heard tonight, however, he was willing to leave this petition to the judgment of the Board. Mr. Buttrick said that non9of the people who signed the petition lived nearer than a quarter of a mile from his place. He said that he had improved the premises, and he thought he was entitled to a roof to protect the produce. No one else appeared in opposition, and the hearing was declared closed at 8 45 P. M. Upon motion of Mr. Bowker, seconded by Mr. Robbins, it was unanimously voted to grant the Robinson and Holt petition in the following form 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 Sumner Robinson & Robert H. Holt, trs. u/w James S. Munroe, 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 410 in the Selectmen's Room, in the Town Office Building on the 7th day of November, 1941. 4110 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 they wished to erect upon the premises owned by the Trustees u/w James S. Munroe and located between 1303 and 1351 Mass. Ave. , Lexington, a real estate sign not over five feet by four feet for the purpose of advertising the proposed subdivision; that this sign would probably be located about fifty feet from the street line, that the sign would not be lighted at night. No one appeared in opposition. 4t the close of the hearing the Board in private session on November 7, 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 4111 ;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 unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Sumner Robinson and Robert H. Holt, Trs. u/w of James S. Munroe of Lexington, to erect and maintain upon the property located between 1303 and 1351 Mass. Ave. , Lex- ington, a real estate sign advertising only the land upon which it is located, under the following conditions- 1111 -----161161111111111111174 that the size shall not exceed 5' x 4' , that the location shall not be nearer than 30' to the street line; that there shall be no artificial lighting of the sign; that it shall be kept in neat condition and in good repair at all times ; this permit shall expire November 8, 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 i diately following this decision shall be in he office or t � Town Clerkof Lexington ans Ds ha l sente1ltittoeactpayoiciteeciso nhallbemaildforhwhhtnnerst. BOARD OF APPEALS OF L1XINGTON (Appointed under G.L. Ch.40, sec. 27) C. EDWARD GLYNN A N. MADDISON WINTHROP H. BOWER ERROL H. LOCKE HOWARD W. ROBBINS I, Howard W. Robbins, Clerk of the Board of Appeals of 4111 Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 23rd day of October, 1941 to Fannie B. Love, William E. & Katherine V. Bennett, Edgar A. Welti, Ruth B. Lyons, Annie F. & Frank R. Shepard, Norman Ellard, William M. & Sarah R. Hall, Marion A. Kimball, Boston & Maine Rail- road, Robert H. Holt and Sumner Robinson, and Robert C. Merriam, and also advertised in the Lexington Minute-Man on October 23 , 1941, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals October 16, 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 land located between 1303 4110 and 1351 Massachusetts Avenue, owned by Sumner Robinson and '1111117.-- 4110 Robert H. Holt, Trs. u/w of James S. Munroe of Lexington, by permitting the following Maintenance of a real estate sign five ft. by 4 ft. Robert H. Holt by Robert C. Merriam 11 Bennington Road Lexington, Mass. NOTICE Lexington, Mass. October 23 , 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 Sumner Robinson & Robert H. Holt, Trs. u/w of James S. Munroe, of Lexington, and located between 1303 and 1351 Massachusetts Avenue, Lexington, the maintenance of a real estate sign five feet by four feet, under the Lexington Zoning Law or in accordance with Chap- ter 40 , Section 27A of the General Laws and amendments. The hearing will be held on November 7, 1941 at 8 00 P. M. in the Selectmen' s Room, Town Office Building Lex- 4110 i ington. C. EDWARD GLYNN Chairman, Board of Appeals Upon motion of Mr. Maddison, seconded by Mr. Robbins, it was unanimously voted to grant the Buttrick petition in the following form; BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it 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 'cullers 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 pub- lished in Lexington, which hearing was held in the Sel- ectmen' s Room, in the Town Office Building on the 7th day of November, 1941. t 7 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 they wished to erect and maintain on the premises owned by the David Buttrick Company and located at approximately 384 Bedford Street , Lexington, a roof over the existing platform extending from an existing stand for the sale of produce , that the dimensions of the plat- form are approximately 25' x 20' , and t.iat the roof to be extended over it would be in conformity with the existing building , that the sides would not be tightly closed in to the eaves , that the platform proposed to be covered is already used for the display of apples and other produce offered for sale , those appealing in opposition stated that they did not wish to have any non-conforming use of the property extended, as they felt it would affect the value of their property. At the close of the hearing the Board in private session on November 7 , 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 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. 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 the David Buttrick Company to erect and maintain on its property at approximately 384 Bedford Street, Lexington, a roof over an existing platform approximately 25 ' x 20 ' in dimen- sion, which is located approximately 100 ' from the street 4111 line , and which extends from the existing stand used for the S 4110 sale of produce, under the following conditions 1. That the stand shall be used only for the sale of products of the land of the owner that is within the Town, 2. That the structure shall be kept in good repair and in neat condition at all times, 3 . That this permit shall expire on November 7, 1942 , 4. That the work on this building shall be completed with- in six months. 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 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in inter- est. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch.40,Sec.27) C. EDWARD GLYNN A. N. MADDISON 411, WINTHROP H. BOWKER ERROL H. LOCKE HOWARD W. ROBBINS 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 23rd day of October, 1941 to Velma I. Bieren, Lulu M. Blake, Frank & Melissa R. Johnson, James E. & Alice B. Mee, Frank J. & Mary J. Longleway, Nellie T. Bossom, Ralph C. & Ruth J. Bartlett, John M. & Ethel A. Brenton, Ethel F. Bean, Edwin C. & Mabel H. Elder, Mary Trimble, Agnes M. Commons, Mary A. Saunders, North Cambridge Co-op. Bank, Waverley Co-op. Bank, and the David Buttrick Co. , and also advertised in the Lexington Minute Man on October 23, 1941, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals October 21, 1941. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. 4111 Gentlemen The undersigned hereby petition the Lexington Board 8A - 410 Upon motion of Mr. Maddison, seconded by Mr. Robbins, it was unanimously voted to grant the Socony-Vacuum Oil Company petition in the following form BOARD OF APPEALS 1i RMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27 , having received a written petition addressed to it by Socony Vacuum Oil Co. , Inc. , of Cambridge , 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 news- paper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 7th day of November, 1914. 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 they wished to build a lubritorium attached to the existing building on property of the Socony Vacuum Oil Co. , Inc. at the corner of Waltham Street and Marrett Road , that the building would substantially conform to the plan and location shown on a blue print entitled "Socony- Vacuum Oil Company, Inc. Boston Mass. 31 St. James Ave . Service Station Plot Plan Location Lexington Mass " dated September 20, 1941 , that they wished to re-locate one set of pumps, as shown on above mentilned blue print , that they intended tc surface the yard No one appeared in opposition. At the close of the hearing the Board in private session on November 7, 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 wel- fare 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 -`. S 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 Lexington Zoning By-law as to the locus in question would involve substantial hard- ship 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 unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Socony Vacuum Oil Co. , Inc. of Cambridge to erect and maintain on its property located at the corner of Waltham Street and Parrett Road, Lexington, a lubritoriwn to be attached to the existing building and to be substantially in accordance with the plan and location submitted on blue print entitled "Socony Vacuum Oil Co , Inc. Boston lass 31 St. James Avenue Service Station plot Plan Location Lexington, Lass. " dated September 20 , 191, under the following conditions 1. That no part of the structure shall be nearer than 20 ' to the street line , 2. That it shall be kept in food repair and in a neat condition, 3 . That the existing out-of-door lift shall be re- moved, 4. That if the location of any gasoline pumps is changed, such pumps or structure shall not be located nearer than 20 ' to the street line , 5 That work on this proposed buildin,Q shall be completed within six months. 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 hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this de- cision 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.LO, Sec. 27) C Edward Glynn A. N. Maddison Winthrop H. Bowker Errol H Locke Howard W. Robbins 7 8C I , Howard W. Robbins , Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40 , Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 23rd day of October, 1941 to Heirs of :Margaret S MacKensie, Jennie M . Partridge , Socony Vacuum Oil Co , Inc. and also advertised in the Lexington Minute- Man on October 23 , 1941, a notice of which the following is a true copy. HOWARD W ROBBINS Clerk, Board of Appeals October 17, 1941 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Crentlemen The undersigned hereby petition the Lexington Board of Appeals , appointed under General Laws, Chapter 140, Section 27, to vary the application of section of the Lexington Zoning By-law with respect to the premises at Waltham Street and Marrett Road, owned by Socony Vacuum Oil Company, Inc. of Cambridge, Mass. by permitting the following adding to present brick S. S. building a 1 car lubritorium garage (brick) no increase of gasoline storage needed. Socony Vacuum Oil Co. , Inc. by E. F. Sullivan Real Estate Manager 205 6th Street East Cambridge, Mass. NOTICE October 23 , 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 Socony Vacuum Oil Co. , Inc. of Cambridge, and located at the corner of Waltham Street and Marrett Road, Lexington, the construction of a lubritorium, 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 November 7, 1941 at 8 15 P. M. in the Selectmen' s Room, Town Office Building, Lexing- ton, Mass. C. Edward Glynn, Chairman, Board of Appeals 9 4111, of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section of the Lexington Zon- ing By-law with respect to the premises at No. 384 (approx- imately) Bedford Street, owned by David Buttrick Company of Arlington by permitting the following Erect a roof over stand platform. DAVID BUTTRICK COMPANY 30 Mill Street, Arlington D. Buttrick, Treas. NOTICE Lexington, Mass. October 23 , 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 Company and located at approximately 384 Bedford Street, Lexington, the erection of a roof over the stand platform, under the Lexington Zoning Law or in accordance with Chapter 40 , Section 27A of the Gen- eral Laws and amendments. The hearing will be held on November 7, 1941 at g 30 P. M. in the Selectmen' s Room, Town Office Building, Lex- 4111 ington. C. EDWARD GLYNN Chairman, Board of Appeals The meeting adjourned at 10 00 P. M. A true record, Attest i/ Clerk. / -