HomeMy WebLinkAbout1946-04-05BOARD OF APPEALS MEETING
April 5, 1946
A meeting of the Board of Appeals was held in the Selectmen's
Room, Town Office Building on Friday evening, April 5, 1946 at 8:00
p.m. Chairman Bowker, Messrs. Brown, Locke, Nickerson and Redman
were present. The Clerk was also present.
A� 8:00 p.m. hearing was declared open upon the petition of
Mary I. Demaso for permission to change the areas of three lots
located on the corner of Fletcher Avenue and Hayes Lane, Lexington.
Mr. and Mrs. Demaso and eight other persons were present at the
hearing.
Notice of the hearing was read by Mr. Brown.
Mr. Demaso presented a plan and explained that he would like
to revise the lots so that he would have two lots facing Fletcher
Avenue instead of three, as they now are.
Mr. John M. Ingraham, 35 Hayes Lane said that he would not
benefit by the proposed change and he felt that if three homses
were erected, a traffic hazard would be created.
The Chairman explained that the owner of the property could
build the houses even if the proposed changes were not made.
Miss Virginia Welch, 29 Hayes Lane, said that her sentiments
were the same as those of Mr. Ingraham.
Mrs. Demaso stated that whatever the land was used for would
be an improvement and that the road would eventually have to be
' widened.
Miss Welch atked how many rooms the houses would have and
Mr. Demaso said that they would have five or six rooms, would be
one story Cape Cod houses.
The hearing was declared closed at 8:20 p.m.
At 8:25.p.m. hearing was declared open upon the petition of
Andrew Cupp for permission to construct and maintain a packing
room, boiler room, garage and greehhouse on his property opposite
186 Woburn Street, Lexington.
Mr. Cupp and his brother were the only persons present at
the hearing.
Notice of the hearing was read by Mr. Redman.
Mr. Cupp presented blue prints and explained briefly what he
intended to do.
The Chairman asked if he was going to raise flowers and Mr.
Cupp replied that he would raise flowers and vegetables to be sold
at wholesale.
The Chairman asked what signs would be used and Mr. Cupp said
that he would not have any signs and that he intended to take his
produce to the market himself.
Mr. Locke asked how many greenhouses would be erected and Mr.
Cupp said that he would only construct one at the present time.
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He said, however, that there is sufficient room on the lot for
quite a number. He said that he owns 525* along Woburn Street
and will be going back 1501.
The Chairman inquired as to the type of building which would
be erected and Mr. Cupp said that it would be of cement blocks or
poured cement.
The Chairman asked if the greenhouses would be heated by coal -
or oil and Mr. Cupp said that he hoped to use oil.
Mar. Redman asked if the petitioner intended to do anything with
the front land and Mr. Cupp said that would only use the back land
and leave grass growing in front.
The Chairman asked if Mr.. Cupp intended to operate the business
himself and he replied in the affirmative.
Mr. Brown asked now close the building would be to the lot line
and Mr. Cupp said that there will be 1261 on one side and 4001 'on the
other side.
The hearing was declared closed at 8:35 p.m.
At 8:40 p.m. hearing was declared open upon the petition of
Dr. J. H. Gutteridge for permission to establish a dentist office
in his residence at 1963 Massachusetts Avenue, Lexington.
Dr. and Mrs. Gutteridge and Mr. Clayton Morse were present at
the hearing.
Notice of the hearing was read by Mr. Brown,
Dr. Gutteridge said that he recently purchased this property
and wished to maintain a dentist office. He that there
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said would
be no flamboyant signs except a small sign in keeping with the house_.
The Chairman asked what his office hours would be and Dr.
GUtteridge said that he hoped not to have to work after 6:00 p.m. but
occasionally might be open until 8:00 p.m..
Mr. Brown asked if there would be any alterations made to the
house. Dr. Gutteridge said that he would like to keep his office
separate from the rest of the house which might mean putting a door
on the side of the house. He said he would provide an entrance to
his office by replacing a window in the front with a door.
The Chairman asked if that was the only change contemplated and
Dr. Gutteridge replied in the affirmative.
Mr. Morse: -said that he has known Dr. Gutteridge for over thirty
years and stated that he is a very capable dentist.
The hearing was declared closed at 8:45 p.m.
The Board discussed the petition of Mary I. Demaso and upon
motion of Mr. Locke, seconded by Mr. Brown, it was unanimously voted
to grant the petition in the following form:
M:hlef: r • OR
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 Mary I. Demaso
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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 field in the Selectments Room, in the Tom Office
Building on the fifth day of April, 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 she wished to change the areas of three lots located
cin the corner of Fletcher Avenue and Hayes Lane; that she wished
to change the present layout in accordance with plan dated April 5,
1946 attached hereto. The petitioner stated that the topography
of one of the present lots, nearest the Jefferson union Co., was
such that it would be very difficult to build thereon and that the
proposed layout would enable building with much less difficulty.
The petitioner desires to erect three houses on the lots marked A,
B and C on the plan attached. Egeh of the proposed new lots will
have a frontage of 100' or more. One lot will have an area of
13,600 sq, ft., another of 10,930 sq. ft. and the third of 111,:060
sq. ft.
Two neighbors Appeared in opposition to the proposed change
stating that they felt that the proposed change would result in
traffic congestion on Hayes Lane.
At the close of the hearing the Board in private session
on April 5, 1946 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 req-
uested.
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 rggslations in the Lexington
Zoning By-law,
4. That oaring to conditions especially affecting the said
parcel but not affecting generally the Zoning district in which
it is located, a literal enforcement of the provisions of the
Lexington Zoning By-law as to the locus in question would involve
substantial hardship to the petitioner and that desirebJ6 relief
may be granted without substantially 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 Lexington Zoning By-law is here-
by varied so far as may be necessary to permit the proposed revision
of three lots as indicated on plan dated April 5, 1946, Albert A.
Miller and Wilbur C. Nylander, Civil Engineers and Surveyors.
The Board hereby makes a detailed record of all its pro-
ceedings 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
herein summarized, and directs that this record immediately following
this decision shall be filed in the office of the Town Clerk of Lex-
ington and shall be open to public inspection 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.)
Winthrop H. Bowker
Errol H. Locke
Lester T. Redman
D. E. Nickerson
J. Milton Brown
I. Hazel J. Murray 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 March,
1946, to John & Violet P. Burgess, Grace L. Haynes, Cyril A. & Jean E.
Baker, Jeanne M. Crowther, Gilbert G. & Annie M. Barclay, Alan F.
Lydiard & Marion P. Stewart, Patrick S. & Louise J. Brannen, Sylvester
& Isabel T. Modoono, Sebastiano Paladiaa, Robert J. Shannon, Vendal &
Mary Lichtenberg, Heirs of Bridget Leary, Virginia E. & Margaret E.
Welch, John M. Angie P. Ingraham, Charles G. Richards, Daniel J.
O'Connell, Will am J. & Kathleen M. McKee, and also advertised
in the Lexington Minute -Man on March 21, 1946, a notice of which the
following is a true copy.
Hazel T. Murray
Clerk , Boar -do -r -.Appeals
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 the
revision of three lots, owned by Mary I. Demaso, located on the
corner of Fletcher Avenue and Hayes Lane, 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 Friday, April 5, 1946 at 8:00 p.m.
in the Selectmen's Room, Town Office Building, Lexington, Mass,
Winthrop H. Bowkeff
Chairman, Board of Appeals
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March 12, 1946
' 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, Sections
25 to 30 as amended, to vary the application of section of the
Lexington Zoning By-law with respect to the premises at the
corner of Fletcher Ave. and Hayes Lane, Lots 048, #49 & #509
owned by Mary I. Demaso of Lexington, Mass., by permitting the
following: To revise the above three (3) lots (present frontage
95.0't 92.33' and 95.01 respectively facing Fletcher Ave.,), two
(2) lots on Fletcher Ave. having a proposed frontage of 124.00
and 158.33' respectively and one lot on Hayes Lane 100,0' wide,
all as shown on Revised Plan submitted.
Mary I. Dejiaso
5 p'arler Street
' Lexington, Mass.
The Board then considered the petition of Andrew Cupp and upon
motion of Mr.Redaian„ seconded by Mr. by Mr. Nickerson, it was unanimously
voted to grant the petition in the following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington ZotLia.g
By -Law and General Laws, Chapter 40. Sections 25 to 30 as
amended, having received a written petition addressed to it by
Andrew Cupp 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 phblished in
Lexington, which hearing was held in the Selectmen's Roam, in the
Town Office Building on the fifth day of April, 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 to construct and maintain a packing room,
' boilelr room, garage and greenhouse on his property opposite 186
Woburn Street, Lexington. The plan as submitted showed that the
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boiler room and garage would be located 1501 back from the street
line on a lot having approximately 525' frontage on Woburn Street;
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that the boiler room and garage would have a depth of approximately
26' and the greenhouse would have a depth of 1501 and located back
of the garage; also there would be a side yard of 1261 on one side
and approximaAdly 3601 on the other. The petitioner stated that he
intended, as far as he knew, to sell his goods at wholesale, the green-
house being used to raise vegetables and flowers. He also stated that
he did not plan to erect any sign excepting a very small one and that he
expected to operate this plant himself.
No one appeared in opposition to the petition.
At the close of the hearing the Board in privage session April 5, 1946
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
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but not affecting generally the Zoning district in which it is located,
a liteval enforcement of the provisions of the Lexington Zoning
By-law as to the locus in question mould involve substantial hardship
to the petitioner and that desirable relief may be granted without sub-
stantially 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 the construction and
maintenance of a packing room, boiler room, garage and greenhouse on the
lot indicated above. The premises are to be kept in a neat and orderly
condition so as not to be a nuisance to the neighborhood.
The Board hereby makes a detailed record of all its pro-
ceedings 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 herein
summarized, and directs that this record immediately following this
Recision shall be filed in the office of the Town Clerk of Lexington
and shall be open to public inspection 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.)
Winthrop H. Bowker J. Milton Brown
Errol H. Locke D.I. Nickerson
Lester T. Redman
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' I. Hazel J. Murray, 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 March, 1946 to Mary J. Kelley, Margaret McCarthy, Elizabeth Latter,
Johnson S. Armstrong, Hugh P. & Thelma H. Mulligan, Margaret E. Collins,
John R. McLaughlin, Frank 0. Nelson, George L. Rice, Mildred Cupp,
John M. & Ann J. Taylor, Samuel & Stella Modoono, Asunta Modoono,
Adobph & Ida Labes, James M. Etta, Peter & Martin Semonian, Walter
W. Grinnell, et al, Benjamin A. Simeone, and also advertised in the
Lexington Minute -Man on March 21, 1946, a notice of which the following
is a true copy.
N 0 T I C E
Hazel J. Murra
Clerk, Board or Appea s
March 21, 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
owned by Andrew Cupp and located at 171 Woburn Street, Lexington, the
construction and maintenance of a packing room, boiler room, garage
and greenhouse, under the Lexington Zoning By-laws and in accordance
with General Laws, Chapter 40, Sections 25 to 30 as amended.
The hearing will be held on 'Fri=day, April 5, 1946 at 8:15 p.m.
in the Selectmen's Room, 'Town Office Building, Lexington, Mass.
Winthrop H. Bowker
Chairman, Board of ltppeals
March 89 1946
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, Sections 25 to 30 as amended,
to vary the application of section of the Lexington Zoning By-law with
respect to the premises at No. 171 Woburn Street, owned by Andrew
' Cupp, Lex. Mass. by permitting the following packing room, boiler
and garage and greenhouse.
Andrew Cupp
186 Woburn St.
Lexington
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At 0:00 p.m. hearing was declared open upon the application of '
Clarence L. Cole for permission to erect a garage on the side of his
premises located at 50 Prosect Hill Road, and said garage to be 12t
in width and to be within 52" of the lot line.
Mr. Cole and Mr. Frederick D. Wells, 58 Prospect Hill Road, were.
present at the hearing.
Notice of the hearing was read by Mr. Nickerson.
Mr. Cole presented a drawing and the Chairman asked if the
building is partially erected and Mr. Cole said that the foundation
and one floor was done in August, 1945• He said that there is a 4'
drop from one corner of the lot onto the street. Mr. Cole said that
the orikInal plan was to have a garage under the pooch on the back
side of the house, but when excavation was started, ledge was an-
-countered. He said that the ledge is such that it would be necessary
to blast to make a driveway and that his alternative was to go on the
side for the garage. To avoid the ledge, he has moved three or four feet
from the original line. He said that he had the property surveyed after
the foundation was put in and it was exactly 171 from the lot line. He
said that the house is so laid out that his problem is to get a garage
and kitchen entrance on the side. Mr. Cole said that 101 will be area
enough for his garage, but it would not leave an entrance fot the
kitchen.
The Chairman asked when the lot was laid out and Mr. Cole said
that it dated back to the 20's and that it definitely did not come
within the scope of the 15r requirements. He said that there were '
originally three 50' lots and he purchased 75t frontage.
The Chairman asked if, in coming out of the kitchen, one would
go into the garage and Mr. 'Cole replied in the affirmative. He said
that the farthest point of the garage will be 22, from the Street line.
Mr. Brown asked if there would be a space between the garage and
the main building and Mr. Cole replied in the negative.
Mr. Redman asked if the garage would be flush against the house
and Mr. Cole replied in the affirmative.
Mr. Redman asked if Mr. Cole would use cement blocks. He said
that he intended to comply with the building requirements and the
garage would be fireproof.
Mr. Redman asked if the front of the garage would extend beyond
the front line of the house and Mr. Cole said that it would extend
3' beyond.
Mr. Redderick D. Wells said that he objected to the petition
because he had purchased the lot in between mainly to prevent crowding
of houses in this area.
Mr. Redman asked if Mr. Wells thought the garage would damage his
lot and he replied that it would be just one step overcoming what he
hoped to do.
The hearing was declared closed at 9:25 P.M.
The Board considered theppptition of Dr. Gutteridge, and the Chair.
man read a letter received from William Roger Greeley opposing granting I the petition.
Upon motion of Mr. Nickerson, seconded by Mr. Locke, it was
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unanimously voted to grant the petition in the following form:
IBOARD OF APPEALS PERMIT
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 Dr. J. H. Gutteridge
a copy of which is hereto annexed, held a public hearing thereon
of which 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 fifth day of Abril, 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 to establish a dentist office in his residence
at 1963 Mass. Ave.; that he intended to renovate one of the front
rooms in his residence for the office; that he would provide a new
entrance into this room by replacing a window: in the front of this
room with a door; that he did not intend to operate this office,
except on rare occasions; after 8:00 o'clock at night; that he intended
to use the usual size dentist sign in his window for advertising purposes;
that there would be no change in the exterior of the building other
than the construction of the door as indicated.
One letter was received objecting to the granting of the petition.
At the close of the hearing the Board in private session on
April 5, 1946 gave consideration to the subject of the petition and
voted unanimously in favor of the following findingst
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
Mingpurposes and intent of the regulation in the Lexington
Zoning By-law.
4. That owing to conditions especially affecting the said
reel but not affecting generally the Zoning district in which
Jais located, a literal enforcement of the provisions 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 application the unanimously
decides that the Lexington Zoning By-law is app hereby
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varied so far as may be necessary to permit Dr. J. H. Gutteridge to
maintain a dentist office at 1963 Mass.Ave. with the following restrict4
ions: that he employ no more than one assistant so that his total
operating force will consist of no more than two ppople; that the use of
the office be limited only so long as he owned and occupied the building
for his own use.
The Board hereby makes a detailed record of all its,pro-
ceedings relative to such petition and hereby sets forth that
the reasons for its -decision are its fingings 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 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.)
Winthrop H. Bowker
Erm l H. Locke
Lester T. Redman ,
D. E. Nickerson
J. Milton Brown
I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington,
appointed under General Laws, Chapter 40, SeePion 27, hereby certify
that I sent by postage certificate of mailing on the 21st dAy- of
March, 1946, to Dr. J. H. Gutteridge, Katherine Harrington, Parish
of the Church of Our Redeemer Winthrop W. & Lois I. Harrington,
Mildred G. Tenney, Marcia H. Midden, William R. Greeley, Harry W.
& Edna F. Litchfield, Helen N. M. Webster, Rose M. Tucker, Michael
J. UdDonough, Rev. William J. McCarthy, Augustina N. Foster, Minnie
S. Seaver, Arlene 0. Lane, William H. Ballard,et al, Lizzie:'B. Burr
& Georgie B. Smith, Everett M. Mulliken, William S. Seamman, Ethel
B. Tenney, Wilbur W. & Ruth B. Redish, and also advertised in the
Lexington Minute -Man on March 21, 1946, a notice of which the following
is a true copy.
Hazel J. Marraz
Clerk, Boardof Appeals
N O T I C E
The Board of Appeals will hold a hearing on the matter of vary-
ing
ary ing the application of the Zoning By-law by permitting on the premises
owned by Wilbur W. and Ruth B. Reddish, located at 1963 Massachusetts
Avenue, Lexirg ton, a dentist's office to be maintained by Dr. J. H.
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Gutteridge, under the Lexington Zoning Law or in accordance
with General Laws, Chapter 40, Sections 25 to 30 as amended.
The hearing will be held on Friday, Apoil 5, 1946, at 8:30 P.M.
in the Selectmen's Room, Town Office Building, Lexington, Mass.
WINTHROP H. BOWKER
Chairman, BGePd of Appeals
March 13, 1946
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Qantlemen:
The undersigned hereby petitions the Lexington Board of Appeals,
appointed under General Laws, Chapter 40, Sections 25 to 30 as amended,
to vary the application of section of the Lexington Zoning By-law
with respect to the premises at No. 1963 Massachusetts Avenue, owned
by Mr. Redish of Lexington by permitting the following: Dental Office,
Dr. J. H. Gutteridge
5 Jason Street
Arlington, Massachusetts
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The Board considered the petition of Clarence L. Cole. It
was the opinion the the Board that the garage could be narrowed
and kept within the 7P from the lots.
Upon motion of Mr. Redman, seconded by Mr. Nickerson, it
was unanimously voted thatthe petition be denied in the following
form:
Wi1RD ..OF APPEALS DENIAL
The Board of Appeals, acting under the Lexington Zoning
By-law and General Laws, Chapter 40, Sections 25 to 40 as amended,
hating received a written petition addressed to it by Clarence L. Cole
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 reednt 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 Aprili.59 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 to erect a garage on the side of his premises located at 50 I
Prospect Hill Road, said garage to be 12' in width and to be within 51'
of the lot line.
The neighbor adjacent, appeared in opposition to the petition.
The petitioner stated that if the garage were not erected as
stated, it would be necessary for him to spend considerable effort
in blasting a driveway on the opposite side of the premises in order
to provide for a garage in the rear.
Evidence was offered on behalf of citizens opposing the granting
of the said petition tending to show:
At the close of the hearing the Board in private session April 5,
1946 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
hot 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 nbt be in harmony with the
General purposes and intent of the regulations in the Lexington
Zoning By-law. ,
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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 Lexington
Zoning By-law.
Pursuant to the said findings, the Board hereby denies
the said petition of Clarence L. Cole to erect a 12+ garage on the
side of his premises, 5P from the lot line. The Board feels that
it would be possible for the petitioner to erect a 10, garage and
thus stay within the Lexington Zoning By-law.
The Board hereby makes a detailed record of all its prodeedings
relative to such petition and hereby sets forth that the reason for
its decision are its findings 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 a
public record and that notice of this decision shall be mailed forth-
with 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
Lester T. Redman
D. E. Nickerson
J. Milton Brown
I, Hazel J. Murray, 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
March, 1946, to Clarence L. Cole, Arthur G. & Alice G. Brick, James
N. & Agnes E. Thurston, Kattrina G. Weldon, Frederick D. & Margaret B.
Wells, Elizabeth P. Kenwort#y, Elias, T. & Ethel B. Bears, Robert W.
& Evelyn Clemence, William J. & Helen C. Shields, Howard A. & Eileen
Daziel, John M. & Elizabeth R. Murray, and also advertised in the
Lexington Minute -Man on March 21, 1946, a notice of which the follow-
ing is a true copy.
Hazel J. Murray
Clerk, Board of Appeals
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NOTICE
A�
The Board of Appeals will hold a hearing on the matter of very-
ing the application of the Building Laws by permitting on the premises
owned by Clarence L. Cole and located at 50 Prospect hill Road, Lex-
ington, the erection of a garage 5P from the lot line, under the Lex-
ington Building Laws.
The hearing will be held on Friday, April 5, 1946 at 9:00'
p.m. in the Selectmen*s Room, Town Office Building, Lexington, Mass,
WINTHROP H. BOWKER
Chairman, Board of Appeals
March 13, 1946
Lexington Board of -Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexinggon Board of Appeals,
appointed under General Laws, Chapter 40, Sections 25 to 30 as amended,
to vary the application of section VII of the Lexington Zoning By-law
with respect to the premises at No. 50 Prospect Hill Road, owned by
Clarence L. Cole of Lexington by permitting the following: Placing
garage 5P from lot line to allow passage way to kitchen entrance.
Clarence L. Cole
39 Prospect Hill Road
Lexington 73, Massachusetts
The meeting adjourned at 10:25 P.M.
A true record, Attest:
a 1 . Marra
erk� oard of Appeals
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