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HomeMy WebLinkAbout1944-08-180 BO ,RD OF APPEALSsTEW=NG August 18, 1944 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday, Aug- ust 18, 1944 at 8:00 P. M. Chairman Glynn and Mr. Nickerson and Associate Members Brown, Redman and Bal- lard were present.The Clerk was also present. At 8:00 P. Pd. hearing was declared open upon the petition of R. Lockwood Tower, et al for permission to maintain the existing Land Sales Office and Sign on Lots 51A and 52A, Follen Road, Lexington. Mr. IV. S. Couette appeared for the petitioner. No persons appeared in opposition. Mr. Couette said that the office had not been used very much, but that the petitioner would like to maintain it. He said that there had been no changes made except that the building had been painted. Mr. Couette retired at 8:03 P. 11. The Chairman explained that this request is for is the renewal of a permit which has been renewed each year for several years and that the property has always been kept in a neat and clean condition. Upon motion of Mr. Nickerson, seconded by Mr. Brown, it was unanimously voted to grant the Tower petition in the following form: BOl_RD OF 'PEALS PEMI.IT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, 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 news- paper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the eighteenth day of August, 1944• 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: 0 That he desired to maintain the existing Land Sales Office and Sign on Lots 51A and 52A, Follen Road, owned by R. Lockwood Tower, et al, (Mr. TI. S. Couette appearing for the petitioner); that there had been no change in the building since the granting of the pre- vious 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 August 18, 1944 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 Zining 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 unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit R. Lockwood Tower, et al to maintain a Land Sales Office and Sign on Lots 51A and 52A, these being the lots on the southwesterly corner of Follen Road and Locust Avenue Extension and owned by R. Lockwood TD-wer, 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 buildings shall be removed within three months of the expiration of this permit; this permit to expire on August 23, 1945. 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 pre- sented at the said hearing, including that herein 0 • summarized, and directs that this record immediately fol- lowing this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public in- spection and that notice of the decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) C. ED!','ARD. GLYIM LESTER T. REDI;IAN WALTER C. BALLARD D. E. NICKERSON J. I<IILTOPI BRO vN I, Hazel J. Murray, 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 nailing on the 3rd day of August, 1944 to W. S. Couette Louise R. Faulkner, J. Howard & Carolyn S. Atkins, Walter & Hilda B. Smith, Randolph S. & Evelyn G. Juthe, Kenneth P. & Ruth L. Clarke, Paul E. & Francis K. Wilson, James P. & Elise B. McCarthy, Edwina F. Cotton, Mary L. & Winifred L. Holman, Henry D. & Mary C. Miller, Howard Id• & Constance I. Bennett, Harry N. & Elizabeth Z. Cohen, Frank & Eleanor S. Kamer, Arthur Iff. & Malvini A. Gosselin, 'Warren F. & Mildred G. Coward, Daniel A. Jr. & Edith J. Carpenter, Francis J• & Eleanor L. Moore, Roy L. & Mildred Frost, and also advertised in the Lexir# on Minute-11an on August 3, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals • 132 July 31, 1944 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chap- ter 40, Sections 25 to 30 as amended, to vary the ap- plication of Section 4 of the Lexington Zoning By-law with respect to the premises at Lots 51A and 52A, Follen Road owned by R. Lockwood Tower, et al of Cal- ifornia, by permitting the following: Maintenance of Land Sales Office and Sign on Lots 51A and 52A, Follen Hill Estates. R. Lockwood Tower by 117in. S. Couette, Agent 1710 Idass. Ave. Lexington N O T I C E • Lexington, Mass. August 3, 1944• 0 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by R. Lockwood Tower et al, and located at Lots 51A and 52A, Follen Road, Lexington, the maintenance of a real estate office and sign, under the Lexington Zoning By-law and in accord- ance with Chapter 40, Sections 25 to 30 as amended of the General Laws and amendments. The hearing will be held on August 18, 1944 at 8:00 P. N;. in the Selectmen's Room, Town Office Building, Lex- ington. C. EDWARD GLYNN Chairman, Board of Appeals The meeting adjourned at 8:08 P. 12. A true record, Attest: