HomeMy WebLinkAbout1942-11-137
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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
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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.
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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.
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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