HomeMy WebLinkAbout1942-09-04•
BOARD OF APPEALS MEETING
September 4, 1942
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, on Friday, Sept-
ember 4, 1942 at 8:00 P. M. Chairman Glynn and Yr. Locke
and Associate 14embers Lombard, Redman, and Brown were
present. The Clerk was also present.
At 8:00 P. M. hearing was declared open upon the
petition of Howard M. Munroe for permission to maintain
the pony riding school for children on the premises located
on the southerly side of Woburn Street about one hundred and
fifty (150) feet from the junction of Woburn and Lowell
Streets for another year.
Mr. Munroe and Mr. Barber, who operates the pony track,
and the latter's son were present at the hearing. Munroe
said that there was nothing new, and that he would like the
permit renewed.
The Chairman asked if the same person was going to run
the school, and Mr. Munroe replied in the affirmative. The
Chairman asked if there were any changes, and Lam. Munroe
said that there were not. The Chairman asked if they had
any trouble with the neighbors, and IVIr. Munroe said that
they had not. He asked if they had any trouble keeping the
cars off the road, and Mr. Barber replied in the negative.
He said that they did not open on week days - merely on
Saturdays and Sundays.
No persons appearing in opposition, the hearing was
declared closed at 8:10 P. M. The three persons retired.
The record of the meeting held on May 1, 1942 was declared
approved.
At 8:10 P. M. hearing was declared open upon petition
of R. Lockwood Tower, et al, for permission to maintain the
existing real estate office and sign on lots 51A and 52A
Follen Road.
Mr. W. S. Caouette appeared for the petitioner. He
said that the sign and the building were the same as last
year. The sign has been re -painted, and the grass has been
kept mowed. They have had no complaints.
The hearing was declared closed at 8:13 P. M.
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At 8:20 P. M. hearing was declared open upon the
petition of Frank A. Napoli for a renewal of his permit to
maintain the roadside stand on Marrett Road.
Mr. Napoli appeared in favor of the granting of the
petition. He said that there were no changes. No other
persons appearing, the hearing was declared closed at 8:25
P. M.
At 8:30 P. M, hearing was declared open upon petition of
A. Horace Weene for permission to subdivide six lots located
between #977 and #1009 Mass. Ave., Lexington into twelve
smaller lots having approximately the same area.
Mr. Weene, Mrs. Alice S. Kennedy of 1009 Mass. Ave.,
Mrs. Margaret Kelley of 17 Spencer Street, and Mr. Edward F.
Buttrick of 996 Mass. Ave. were present at the hearing.
Mr. Weene said that about one year ago he purchased
the land on Massachusetts Avenue between #977 and #1009.
After investigating the contour of the land, he found that
there was a proposed extension of Spencer Street, and that
the parcel was in a two-family zone. He said that it was
difficult to put in two-family houses because of the pro-
posed street, and the contour of the land. He applied to
the Federal Housing Authority for permission to go ahead
with a development, and has received an acknowledgment of the
application and has been advised that it has been sent to
the National Housing Association for approval. Mr. Weene
said that the F. H. A. was severe in its restrictions as
to where a house shall be built.
Mr. Weene said that a two-family house, with one apart-
ment above the other, brought to mind tenements. He said that
he did not like this type of house, and neither did the
F. H. A. The latter suggested a "dwelling unit", which is
a one -family house. However, the cost of the land and the
utility service would not allow this. The F. H. A. allows
only 50' of service for each dwelling unit. The Chairman
asked if they would allow more for a house with more area,
and Mr. Weene replied in the negative.
Mr. Weene said that in building these six houses, it
would be at least five years before he got any return on
his money.
The Chairman asked why it would take less pipe to take
care of serving these houses if the lots were split than if
they were not split. Mr. Weene said that a main was required;
there is no main in the street. Once the eligibility of a
house is determined, then it goes from the F. H. A. to the
War Production Board.
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Upon motion of Mr. Locke, seconded by Mr. Lombard, it
was unanimously voted to grant the hunroe petition in the
following form:
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Mr. Weene said that these houses would not be considered
eligible had they been singles, as this is a two-family zone.
He said that he was required by the F. H. A. to build a two-
family house - either a duplex, or one with an upstairs and
a downstairs. The exterior of the house is the same as a
single residence, and has a single entrance. The subdivision
is in theory, only.
The Chairman asked if the lots were to be recorded
separately, and Mr. Weene replied in the affirmative. The
Chairman said that as soon as they are recorded, they become
two separate properties. He asked what would prevent, in
the h future, the sale of any one of the smaller sub -divisions
with its portion of the house on it.
Mr. Weene said that this would be prevented only because
of an economic point of view. He said that he had never known
of duplex houses being sold in separate units. Post houses
of this sort are owned by a corporation, and this is a corp-
oration. He is the corporation. He said that he was going
to be very particular about the class of people he allowed
in the apartments.
The Chairman said that if these became separate proper-
ties, then they could be sold as individual units. The lots
will be definitely sub -divided and recorded. Mr. Weene said
that they would be, but with the restriction that one unit
would be built on two lots.
Mr. Weene said that if his petition was granted, he had
a builder ready to go right ahead - he has his materials and
labor, etc.
The Chairman asked if Mr. Weene would continue to own
the houses, and he replied in the affirmative.
No other persons appeared in favor of the granting of
the petition.
Mr. Buttrick asked what would hap)en to the Right of
Way near the old Spaulding property, and Mr. Weene said that
there was a Right of Way from Spencer Street, but not from
Mass. Ave. The Chairman asked Mr. Buttrick if his interest
was to find out if the Right of Way was to remain there,
and he said that it was. He said it was all right the way
it appeared on the plan. The Chairman asked if he had any
objection, and he replied in the negative.
Mrs. Kennedy and Mrs. Kelley said that they merely were
looking for information, and had no objection.
No other persons desiring to be heard, the hearing was
declared closed at 9:15 P. M. The group retired.
Upon motion of Mr. Locke, seconded by Mr. Lombard, it
was unanimously voted to grant the hunroe petition in the
following form:
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BOARD OF APPEALS PERIJIT
The Board of Appeals, acting under General Laws, Chapter
4.03, Sec. 27. having received a written petition addressed to
it by Howard M. 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 Lex-
ington Minute -Man, a newspaper published in Lexington which
hearing was held in the Selectmen's Room, in the Town
Office Building on the 4th day of September, 1942.
Three 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 be-
half of the petitioner tending to show:
That he desired to maintain the pony riding school for
children on the premises located on the southerly side of
Woburn Street about one hundred and fifty feet (150') from
the junction of Woburn Street and Lowell Street, in the same
manner as in previous years.
No persons appeared in opposition.
At the close of the hearing the Board in private session
on September 4, 1942 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 petition-
er and that desirable relief may be granted without sub-
stantially derogating from the intent or purpose of such
Lexington Zoning By-law.
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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
necessary to permit the above premises to be occupied for
a pony riding school for children for a period of one year
from June 10, 1942, subject to the following conditions:
That the premises will be maintained in proper condition
so that the business as carried on will not be objection-
able to owners of property in the neighborhood; maintaining
the premises in a good sanitary condition at all times;
that ample parking space will be provided inside the street
line to obviate parking in the street; that no business
shall be done after 9:00 o'clock P. M., that no so-called
flood lights shall be used on the premises; that no signs
shall be exhibited on the property unless the consent of
the Building Inspector of Lexington is obtained; that no
building or enclosure shall be constructed without the
consent of the Building Inspector of Lexington.
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 =I%TGTON
(Appointed under G.L.Ch.40, Sec. 27)
C. EDWARD GLYNN
ERROL H. LOCKE
LESTER T. REDMAN
HAROLD F. LOMBARD
J. MILTON BROWN
I, Eleanor M. Lowe, 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, 1942 to Albert E. &
Marion C. Olsen and Howard W. Munroe, and also advertised
in the Lexington Minute -Man on August 20, 1942, a notice of
which the following is a true copy.
ELEANOR M. LOVE
Clerk, Board of Appeals
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Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board
of Appeals, appointed under General Laws, Chapter 40, Sec-
tion 27, to vary the application of section 9A of the
Lexington Zoning By-law with respect to the premises on
Woburn Street owned by Howard Munroe of 344 Lowell Street,
Lexington, by permitting the following: Maintenance of a
ehildren'p riding. school and pony track.
Howard M. Munroe
344 Lowell Street
Lexington, Mass.
N 0 'T I C E
Lexington, Mass.
August 20, 1942
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 Howard M. Munroe and located at
the corner of Woburn and Lowell Streets, Lexington, the
maintenance of a children's riding school and pony track,
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 September 4, 1942, at
8:00 P. M. in the Selectmen's Room, Town Office Building,
Lexington.
C. 'EDWARD GLYNN,
Chairman, Board of Appeals
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Upon motion of Mr. Brown, seconded by Mr. Locke, it
was unanimously voted to grant the Tower petition in the
following form:
BOARD OF APPEALS PERRBIT
The Board of Appeals, acting under General Laws, Chapter
40, see. 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 Minute -Man, a newspaper published in Lexington,
which hearing was held in the Selectmen's Room, in the Town
Office Building on the 4th day of September, 1942.
Three 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 maintain the existing real estate
office and sign on Lots 51A and 52A, Follen Road, owned by
R. Lockwood Tower (Mr. W. S. Caouette appearing for the
petitioner); that there had been no change in the building
since the granting of the previous permit, except that it
had been re -painted; that the grass had been kept mowed, and
that it was in a neat and clean condition.
No one appeared in opposition.
At the close of the hearing the Board in private session
on September 4, 1942 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
unanimously 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
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 per-
mit to expire on August 23, 1943•
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 find-
ings 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 interest.
BOARD OF APPEALS OF LEXINGTON •
(Appointed under G.L.Ch.40, Sec.27)
C. EDWARD GLYNN
ERROL H. LOCKE
LESTER T. REDMAN
HAROLD F. LOMBARD
J. MILTON BROWN
I, Eleanor M. Lowe, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, See.
27, hereby certify that I sent by postage certificate of
mailing on the 21st day of August, 1942 to Louise R.
Faulkner, J. Howard & Carolyn S. Atkins, Walter & Hilda
B. Smith, Randolph S. & Evelyn G. Juthe, Kenneth P. &
Ruth L. Clarke, Paul E. & Frances K. Wilson, James P.
& Elise B. McCarthy, Edwina F. Cotton, Mary L. & Winifred
L. Holman, Henry D. & Mary E. Miller, Howard N. & Con-
stance I. Bennett, Harry N. & Elizabeth Z. Cohen, William
J. 'Slocum, Frank & Eleanor S. Kumer, and Francis Fay
Miller, and also advertised in the Lexington Minute -Man
on August 20, 19422 a notice of which the following is
a true copy.
ELEANOR M. LOVE
Clerk, Board of Appeals
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August 6, 1942
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 sPotion 4 of the
Lexington Zoning By-law with respect to the premises at
Lot 51, Follen Road, owned by R. Lockwood Tower, et al,
by permitting the following: Maintenance of a real estate
sign and office for the period August 24, 1942 to August
23, 1943.
R. Lockwood Tower
William A. Tower
Philip Tower
By: Francis Fay Miller
Their Attorney-in-fact
Jersey Lane
4 Manchester
N 0 T I C E
Lexington, Mass.
August 20, 1942
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 R. Lockwood Tower, et al, and
located at Lot 51, Follen Road, Lexington, the maintenance
of a real estate sign and office, under the Lexington Zoning
Law or in accordance with Chapter 40, Section 27h of the
General Laws and amendments.
The hearing will be held on September 4, 1942, at
8:10 P. M. in the Selectmen's Room, Town Office Building,
Lexington.
C. EDWARD GLYNN
Chairman, Board of Appeals
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Upon motion of Mr. Lombard, seconded by Yr. Locke,
it was unanimously voted to grant the Napoli petition
in the following form:
BOARD OF APPEALS FERGSIT
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Frank A. Napoli, 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 the 4th day of Sept-
ember, 1942.
Three 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 wished a permit for a period of one year
expiring on May 8, 1943 to conduct a roadside stand on
property of Frank A. & Mary Napoli, located on Marrett Road •
and Middle Street; that there had been no changes made in
connection with the existing roadside stand and that there
had been no parking of automobiles on Marrett Road.
No evidence was offered in opposition.
At the close of the hearing the Board in private
session on September 4, 1942 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 using 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 pe-
titioner 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 unani-
mously decides that the application of the said Lexington
'Zoning By-law is hereby varied so far as may be necessary
to permit Frank A. Napoli to maintain a temporary roadside
stand on Marrett Road on the land of Frank A. and Mary
Napoli, ,for the purpose of selling only the products grown
on their land in the Town of Lexington, and that said stand
be maintained on the location as now existing; they to
provide sufficient parking space for automobiles to prevent
traffic congestion on Marrett Road; this permit to expire
May 8, 1943.
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 hereinbe-
fore 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
ERROL H. LOCKE
LESTER T. REDMAN
HAROLD F. LOMBARD
J. MILTON BROWN
is Eleanor M. Lowe, 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, 1942 to.Alma S. Hammond,
Wilbur R. Fletcher, Raymond L. & Anna S. White, Neil McIntosh,
Patrick & Helen K. Mackin , Edwin H. & Mary E. Halvorsen,
Margaret R. Crocker, William A. Melbye, Pasquale Panetta,
Emily R. Scheibe, Marie A. Miller, Ralph M. &Eleanor R. Blair,
John Waugh, Charles U. & Mary A. Fittz, Alice M, Ross, .Norval
K. Chapman, Robert P. Trask, Thomas J. & Jennie Heaney, Russell
S. Bray, Robert J. Fawcett, Watertown Co-op. Bank, Carl V.
Olson, and Frank A. & Mary Napoli, and also advertised in the
Lexington Minute -Man on August 20, 1942, a notice of which the
following is a true copy.
ELEANOR M. LOWE
Clerk, Board of Appeals
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VA
August 10, 1942 0
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 9F of the Lexington
Zoning By-law with respect to the premises at Marrett Road
owned by Frank A. & Mary A. Napoli of 23 Middle Street, by
permitting the following: Maintenance of a roadside stand
for the sale of farm products produced on the land.
Frank A. Napoli
23 Middle Street
Lexington, Mass.
N 0 T I C E
Lexington, Mass.
August 20, 1942
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 Frank A. & Mary Napoli, and lo-
cated at Marrett Road about two hundred feet northwesterly
from the corner of Middle Street, Lexington, the maintenance
of the existing roadside stand for the sale of produce grown
on the premises, under the Lexington Zoning Law or in accord-
ance with Chapter 40, Section 27A of the General Laws and
amendments.
The hearing will be held on September 4, 1942 at 8:20
P. M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
C. EDWARD GLYNN
Chairman, Board of Appeals
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Inl!,considering the a lication of A. Horace Weene
for subdivision of lots located between 977 and 1009 Mass.
Ave., the Board was actuated in its decision by the fact
that this appeared to be purely for the convenience of
the applicant, in order to allow him to secure permits
from the F. H. A., and financing from the same source, by
erecting duplex houses so that the line of the subdivision
of eachlof the existing lots became the center line parti-
tion ofl each house. The result of this would be to create
lots ofrecord with frontages as little as thirty-seven
(37'), and with areas as little as 3,750 feet. Once
recorded, these subdivisions could in the future be sold
as individual lots, which would entirely nullify the intent
of the Town in establishing frontages and areas for all
subdivisions. It would also nullify the provision of the
Zoning Law for setbacks on the side lines of the property.
Upon motion of Pair. Lombard, seconded by Mr. Brown, it
was unanimously voted to deny the 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 A. Horace Weene, 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 tney 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 September
4, 1942.
Three 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 owns plots of land between 977 and 1009 Mass. Ave.
extending in the rear to the Boston & Maine Railroad Right
of Way; that this property is divided into six recorded
lots varying in area from 8,750 feet to 13,283 feet; that
to accord with regulations of the Federal Housing Authority
covering permits to build and the financing thereof, he
wished to subdivide each of these lots into two smaller
lots of more or less equal size, by a line running down
approximately the center of each lot, with the intention of
building thereon duplex houses so that one-half of each such
house would be situated on each of the sub -divisions of the
large lots; the party line of the lot also being the dividing
partition between the two parts of each house; that he in-
tended to erect an attractive form of duplex dwelling for
rental.
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Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show:
No evidence was offered opposing the granting of the
petition.
At the close of the hearing
session on September 4, 1942 gave
subject of the petition and voted
of the following findings;
1. That in its judgment the
welfare will not be substantially
the exception requested.
the Board in private
consideration to the
unanimously in favor
public convenience and
served by the making of
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 A. Horace Weene, because such a sub-
division as proposed would be contrary to the intent of
the Lexington Zoning By-law, in that it would make it possible
to establish in practice lot sizes not over one-half as
large as those provided for by such by-law, and it would
be possible for each such sub -division to be separately
transferred at some future time. It would also nullify
the by-law provision that on each side of a dwelling or
other permitted main structure there shall be provided a
side yard of at least 10' in width, which shall be kept
open from the front line of the main structure to the
rear line thereof.
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 decision
shall be mailed forthwith to each party in interest.
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BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L.Ch. 40, sec. 27)
C. EDWARD GLYNN
ERROL H. LOCKE
LESTER T. REDMAN
HAROLD F. LOMBARD
T. 1VULTON BROWN
I. Eleanor M. Lowe, 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, 1942 to Maurice P. Ahern
& Bertha V. Pichette, Lillian B. Flaherty, Agnes M. Walton,
George E. Lakscheqitz, Pasquale Luongo, Edward N. & Esther
S. Baker, Gross -Loge des Deutschen Ordens der Harngari des
Staates Massachusetts, Margaret T. Kelley, George Sweetland,
Johanna Kennedy, Edward F. Buttrick, William_F. Fletcher,
Alice S. Kennedy, Joseph Trani, John F. & Sarah Fitzgerald,
and A. Horace Weene, and also advertised in the Lexington
Minute-11an on August 20, 1942, a notice of which the following
. is a true copy.
ELEANOR i4i. LOVJE
Clerk, Board of Appeals
August 12, 1942
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 9B of the Lexington
Zoning By-law with respect to the premises at Mass. Ave.
and Spencer St., owned by A. Horace Weene of Brookline by
permitting the following: Subdivision of lots A, B, C, D,
E, F; there are s$x lots at present and sim duplex houses
are to be built, but F. H. A. requires a line drawn through
the center of house making it necessary to subdivide in
theory the present lots - in reality each house will then
set on two lots after its division.
A. HORACE WEENE
92 State Street
Boston, Mass.
•
N O T I C E
Lexington, Mass.
August 20, 1942
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 A. Horace Weene and
located between #977 and #1009 rvass. Ave., Lexington,
the subdivision of six lots which will not have the re-
quired area; under the Lexington Zoning Law or in accord-
ance with Chapter 40, Section 27A of the General Laws and
amendments.
The hearing will be held on September 4, 1942 at
8:30 P. M. in the Selectmen's Room, Town Office Building,
Lexington.
C. EDWARD GLYNN
Chairman, Board of Appeals
The meeting adjourned at 10:45 F. M.
A true record, Attest: 0
er