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HomeMy WebLinkAbout1942-11-137 • BOARD OF APPEALS MEETING luovember 13, 1942 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on November 13, 1942 at 8:00 P. M. Chairman Glynn, Messrs. Maddison, Nickerson, and Associate Members Brown and Lombard were present at the hearing. The Clerk was also present. At 8:00 P. I,% hearing was declared open upon pe- tition of Sumner Robinson & Robert H. Holt, Trs. u/w James S. Munroe for permission to continue to maintain a real estate sign five feet by four feet on Massachu- setts Avenue, Lexington between 1303 and 1351. Mr. Robert H. Merriam appeared to represent the petitioners. The notice of the hearing was read by Mr. Brown. Mr. Merriam said that there were no changes in the sign, and he had heard of no objections to it. No other persons wishing to be heard, the hearing was declared closed at 8:05 P. Y. Upon motion of I,'r. Iaaddison, seconded by I,ir. Brown, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERI,IIT 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 in the Selectmen's Room, in the Town Office Building on the 13th day of November, 1942. Two Associates and three 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 continue to maintain the exist- ing real estate sign located on the premises between 0 r 1303 and 1351 Mass. Ave., Lexington; that there had been no changes in the sign, and that they had heard of no objections to it. No one appeared in opposition. At the close of the hearing the Board in private session on November 14, 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 substan- tially 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 Robert H. Holt and Sumner Robinson, Trs. u/w James J. Munroe to maintain upon the property located between 1303 and 1351 Mlass. Ave., Lexington, the existing real estate sign advertising only the land upon which it is located, under the following conditions: That there shall be no increase in size beyond the existing dimensions of 5' x 4', nor be moved nearer than 30' to the street line; there shall be no artificial lighting of the sign, and that it shall be kept in a neat condition and in good repair at all times. This permit shall expire November 13, 1943. 0 6 r • 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) A. N. IIFiADDISON H. F. Lombard D. E. NICKERSOPI J. I;"_ILTON BROWN C. EDWARD GLYNN I, Eleanor Id. Lowe, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 29th day of October, 1942, to Fannie B. Love, William E. & Katherine V. Bennett, Edgar A. Welti, Ruth S. Lyons, Annie F. & Frank R. Shepard, Norman Ellard, William M. & Sarah R. Hall, Marion A. Kimball, Boston & Maine Railroad, and Robert C. Merriam, and also advertised in the Lexington Minute -Man on October 29, 1942, a notice of which the following is a true copy. ELEANOR M. LOWE Clerk, Board of Appeals Lexington, Mass. October 29, 1942 N 0 T I C E 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 & :3obert H. Holt, trs. u/w James S. Munroe, and located between 1303 and 1351 Massachusetts Avenue, Lexington, the renewal of the permit to maintain a real estate sign five feet by four feet, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held in the Selectmen's Room, Town Office Building, Lexington, at 8:00 P. M. on November 13, 1942. C. EDWARD GLYNPd • Chairman, Board of Appeals. • • October 10, 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 of the Lexington Zoning By-law with respect to the premises at 1303 - 1351 class. Ave., owned by Sumner Robinson & Robert H. Holt, trs. u/w James S. manroe of Boston, by permitting the following: Hearing on the renewal of per- mit to maintain the real estate sign located at above address. Sumner Robinson Robert H. Holt Trustees u/w James S. IvIunroe 0hawmut Bank Bldg., Boston, Massachusetts The records of the meeting held on November o, 1942 were declared approved. The budget for 1943 was discussed, and it was decided to request ;'100.00, which is ?50.00 less than was appro- priated for 1942. The meeting adjourned at 8:13 P. M. A true record, Attest: Clerk