HomeMy WebLinkAbout1946-03-08BOARD OF APPEALS MEETING
• March 8, 1946
A meeting of the Board of Appeals was held in the Selectmen's
Room, Town Office Building, on Friday evening, march 8, 1946 at
8:00 p.m. Chairman Bowker, Messrs. Brown, Locke and Nickerson
were present. The Clerk was also present.
The hearing was scheduled for 8:00 p.m. through some
misunderstanding, the petitioner did not appear. The Clerk
telephoned the petitioner's home and was advised that another
member of the corporation (Viano Properties, Inc.) would attend
the hearing.
The Clerk informed the Board that Mr. Peter helburn, who
was granted a hearing on March 1, 1946, would like to sepak to
the Board. The Chairman read an opinion received from the Town
Counsel with reference to this petition, advising the Board that
inasmuch as the petitioner seeks to establish a business in a
district zoned for single residence, the Board of Appeals has no
power or uathority to grant the petition.
Upon motion of Mr. Nickerson, seconded by Mr. Brown, it was
therefore, voted to deny the application in the following form:
BOARD OF APPEALS DENIAL
The Board of Appe&ls, acting under the Lexington Zoning
By-law and General Laws, Chapter 40, Sections 25 to 30 as
amended, having received a written pbtition addressed to it
by Peter Helburn, a copy of which is hereto annexed, held a
public hearing taereon 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 k.inute-Man, a newspaper published
in Lexington, which hearing was held in the Selectmen's Room,
in the Town Office Building on March`1. 1946•
Five regular 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 permission to establish a blacksmith
shop at 185 Burlington Street, Lexington, equipped to do metal work
for architects and others.
Mr. Johnson, one of the neighbors, stated that he had no
objection to the blacksmith shop as long as it was owned by
Mr. Helburn.
Evidence was offered�on behalf of citizens opposing the
granting of the said petition tending to show no persons opposed
to the granting of the petition.
• At the close of the hearing the Board in private session
March 8, 1946 gave consideration to the subject of the petition
and voted unanimously in favor of the following findings:
1. That in its j_u.dgmeat`the public convenience and
welfare will not be substantially served by the making of the
exception requested.
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 sub-
stantially derogating from the intent and purpose of such Lex-
ington Zoning By-law.
Pursuant to the said findings, the Board hereby denies
the said petition of Peter Helburn on the grounds that as the
petitioner seeks to establish a business, that is in a residential
zone, under the Zoning Laws, the Board of Appeals had not the power
br authority to grant said petition.
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 fvrhh and the
testimony presented at the said hearing, including that herein summar-
ized, 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.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning By-law
and General Laws)
Winthrop H. Bowker
Errol H. Locke
J. Milton Brown
D. E. Nickerson
Lester T. Redman
I, Hazel J. Jurray, Clerk of the Board of Appeals of Lexington,
appointed under General �aws, Chahat sente 40 f5ections e cer i to 30 s _
amenondthehereby
l4th daycertify
February, 1946ytoaEdith W. Willarde JaackaH.
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& Helen I. Johnson, Mary G. Hammonds, Arthur B. & Phyllis N. Picke,
Doris I. Allen, Claiborne G. Elliman, Peter Helburn and also advertised
in the Lexington Minute -Man of February 14, 1946* a notice of which
the following is a true copy.
N O T I C E
Hazel J. Murray
er Board of Appeals
FMbruary 14, 1946
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 waned by Peter Helburn, .and located at 185 Burlington
Street, Lexington, a balcksmith shop, under the Lexington Zoning
By-law and in accordance with General Lawp, Chapter 40, Sections
25 to 30 as amended.
The hearing will be held on March l 1946 at 8:00 p.m. in the
Selectmen's Room, Town Office Building, Lexington, Mass.
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Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
Winthrop H. Bowker
Chairman, Board of Appeals.
Jan. 29, 1946
The undersigned hereby petitions the Lexington Board of Appeals,
appointed under Gener&l Laws, Chapter 40, Sections 25 to 30 as
amended, to the premises at No. 185 Burlington Street, owned by
Peter Helburn of Lexington by permitting the following: Blacksmith
sh6p.
Peter Helburn
33 Avon. Street
Cambridge, "- ass.:
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Mr. Helburn appeared before the Board at 8:25 p.m. and the
Chairman submitted the opinion received from the Town Qounsel.
Mr. Helburn retired at 8:30 p.m.
The Board then gave further consideration to the application
of the Lovell Bus Lines, Inc. for permission to construct a garage
at the corner of Lincoln And School Streets on property owned by
Emily R. Scheibe. Upon motion of Mr. Brown, seconded by Mr. Locke,
it was voted to deny the petition in the following form:
BOARD OF AVIkALS DENIAL
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 Lovell nus Lines, Inc.
a copy of which is hereto annexed, held a public hearing thereon
of which notice was mailed to the petitioner and to the ownersof
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 Five regular 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 the petitioner wished to construct a garage at the corner
of Lincoln & School Streets and also wished to use the driveways
in connection with the garage, both for the use of the garage and
for the purpose of connecting with a house to be constructed in the
rear. This driveway will be in the residential area. The petitioner
stated that he wished to house 10 to 12 buses in this garage and
that the garage would be operated from six in the morning until
midnight; that the garage would be set back 20f from the street
line and the rear wall of the garage would be on the ridge of the
business zone. The petitioner stated that the garage would be operated
in such a manner as not to disturb the neighborhood; that only minor
repairs, such as greasing and washing would be done in the building;
that the buses would occasionally be parked on the paved area adjacent
to the building in the residential district. The petitioner stated
jhat there would be a waiting room within the building to serve those
people in the neighborhood. The petitioner stated that the location of
the garage in this area would enalbe the company to furnish better
transportation to the town.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that the operation of
a bus terminal at the above location would be detetmental to the
neighborhood. Approximately 26 persons were opposed to granting the
said petition. One adjacent property owner was in favor of granting
the petition.
At the close of the hearing the Board in private session
March 8, 1946 gave consideration to the subject of the petition
and voted unanimously in favor of the following findings:
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1. That in its ' the b
judgment pu lic convenience and
welfare will not be substantially serv6U by the making of the
exception requested.
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 substanital 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 the Lovell Bus Lines, Inc. for permission
to construct a garage and use of driveways in connection with this
garage at the corner of Lincoln & School Streets. It was the opinion
of the Board that the use of this property as a garage to house buses
would tend to impair the status of the nbighborhood. It was felt
that the business district in this area was not of sufficient size
to warrant the construction and maintenance of this building. The
Board feels that access to this building is shown by a driveway over
residential property which could not be permitted.
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 hearing, including that herein summarized, and directs that
this record immediately following this decision shall be filed
in the office of the Town Ulerk of Lexington and shall be a public
record and that notice of this 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)
Winthrop H. Bowker
Errol H. Locke
J. Milton Brown
D. E. Nickerson
Leater T. Redman
I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington
appointed under General Laws, Chapter 40, Sections 25 to 30 as amended,
hereby certify that I sent by postage certificate of mailing on the
14th day of February, 1946 to Lovell Bus Lines, Inc., Kaistutis &
Margaret G. Balchunas, Harry F. & Dorothy F. Uonrad, June E. &
Helen M. Chelland, Wesley B. & Mary A. Etheridge, Augusta C. Holm
Leona C. & Barbara E. Lydiard, Richard J. & Catherine B. Devanna,
William J. & Janet M. Buckley, John D. & Flossie S. Campbell, Theodore
R. Mottola, Sylvia H. Aker, Johanna Hultman, George R. & Ethel M.
Mitchell, Irene F; Webb, Stanley N. White, George W. & Helen B.
Saran , Marie A. & Charles H. Jr. Miller, Messrs. Esgar & Devincentis,
Mary A. Fitts, Thomas J. & Jemmie Heaney, Gordon H. & Alice L. Osgood,
Robert P. Trask, Franklin 11. & Helen E. Balduf, Albert A. Ross, Albert
G. & Myrtle B. Ewell, Floyd W. & Alice F. Keirstead, xichard P. &
3arbhra B. Blake, Jackson C. & Blmira M. Thyng, Mary L. Oliveira,
Eleazer P. & Dora Greening, Caywood & Edith Greening, Adam Grigor,
Charles Hallett, George H. & Edna A. Peterson, Uharles M. & Addie M.
Klikstead, Fred N. & 1�leanor S. Lowell, Edward J. & Margaret M.
McNamara, Frank E. Bougie, Paul J. & Florence D. Penney, Norman L.
& Eunice Peterson, Howard D. & Jeannette Ryder, Leo J. & Marion Revou
and also advertised in the Lexington Plinute-Man on February 14, 1946,
a notice of which the following is a true copy.
Hazel J. Murra
Clerk, Board of Appeals
N O T I C E
The Board of Appeals will hold a hearing on the matter of varying
the application of the Zoning By-law on petition of Lovell Bus Lines,
Inc. for permission to construct a garage, and use of driveways in
connection with garage, at the corner of Lincoln and School Streets
on property owned by Emily Scheibe, under the Lexington Zoning By-law
and in accordance with General Laws, Chapter 40, Sections 25 to 30
as amended.
The hearing will be held on March 1, 1946 at 8:30 p.m. in the.
Selectmen's Room, Town Office Building, Lexington, Mass.
WINTHROP H. BOZ' M
Chairman, Board of Appeals
February 13, 1946
Lexington Board of Zonigg Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board of Appeals,
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appointed under General Laws, Chapter 40, Sections 25 to 30 as amended,
to vary the application of section 9 of the Lexington Zoning By-law
with respect to the premises at corner of Lincoln & School Streets,
owned by Emily R. Scheibe of 376 Line&ln Street by permitting the
following: Construction of a garage and use of driveways in connect-
ion with garage.
Lovell Bus Lines, Inc.
Great Neck Road
Maynard, Massachusetts
At 8:50 p.m. Mr. Lawrence Viano and four other persons
appeared before the Board.
Notice of the hearing was read by Mr. Brown.
Mr. Viano explained to the Board that he was not too familiar
with what his brother intended to do relative to•the proposed
addition at.the rear of the present garage. He said that he had
seen the plans and as he understood them, the addition would be in
back of the present show room and it would be on the left hand side
of the garage, facing Massachusetts Avenue. He stated that the
addition would be flush with the garage; the ell would be filled
in for the prupose of a body shop.
The Chairman asked if the addition would be fireproof and Mr.
Viano replied in the affirmative and stated that the addition
would be constructed of cement blocks and would follow the building
regaiations.
The Chairman asked if there would be one story and Mr. Viano
replied in the affirmative.
The Chairman asked how far the proposed audition would be
from the lbt line.
Mr. Viano replied that he did not know what the lot line is,
bag the addition will be flush with the showroom as it now stands.
The Chairman explained thatLthe Board would have to see the
plans before making a decision. Mr. Viano retired and returned
with a copy of the plans.
Mrs. A. H. Hathaway, 16 Vine Brook Road said that she would
be in favor of the petition as presented.
Mr. Donald Pring, 20 Vine Brook Road said that if the garage
is as Mr. Viano has described, he would have no objection.
Mr. Robert Quimby, 24 Vine Brook Road said that he and Mrs.
Quimby felt the same as the other present and, according to the
plans, they would have no objection.
The hearing was declared closed at 9:05 p.m. and the group
retired.
Decision on the Viano petition was held over until March 15th
when five -members of the Board could be present.
The meeting adjourned
A true record, Attest:
oard ofApp ale