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HomeMy WebLinkAbout1946-05-2452 BOARD OF APPEALS MEETING ' May 24, 1946 A meeting of the Board of Appeals was held on Friday evening, May 24, 1946 at 8:00 p.m. in the Selectmen's Room, Town Office Building, Lexington. Chairman Bowker, Messrs, Brown, Locke, Nickerson and Redman were present. The Clerk was also present. At 8:00 p.m. hea:xing was declared open upon the petition of Robert Cady, 10 Greenwood Street, Lexington, for permission to extend his present garage a distance of ten feet. No persons appeared in favor or in opposition to the petition. Notice of the hearing was read by Mr. Brown. Mr. Cady said that he desired to add ten feet on the side of his present garage to enable him to have another door and two -car garage. He presented a sketch to the Board and explained what he would like to do. The Chairman explained that the Building Inspector had refused to grant a building permit because Mr. Cady's request was for the enlargement of a�nonconforming use. Mr. Cady stated that the garage is 30' from the house and it will be 20' from the house after the addition. Mr. Redman asked if Mr. Cady owned the house and he replied in the affirmative. Mr. Redman asked when the present garage was built and Mr. Cady said that it has been there for thirty years. Mr. Redman asked if the addition would be the same type of construction as the present building and Mr. Cady replied in the affirmative. Mr. Cady said t at he would also like permission to raise the present garage a d the addition about 2' to make the floor of the garage more n arly level with the grade of the streeti The hearing was declared closed at 8:07 p.m. The records of the meeting held on May 17, 1946 were declared approved. At 8:10 p.m. hearing was deelared open upon the petition of Viano Properties, Inc. for permission to erect an addition to the front of the present garage building, approximately 300 sq. ft. in area, located at 1668 Massachusetts Avenue, Lexington. Mr. Eugene Viano, Alfred P. Tropeano and Theodore A. Custance were present at the hearing. Notice of the hearing was read by Mr. Redman. 1 5- ' Mr. Viano said that he desired to put a circular front onto the present building which will extend approximately 12*. He explained that the addition will be on the showroom end of the building. The Chairman asked if the proposed addition would extend beyond the present garage and Mr. Viano replied that it will extend 12' from the present building. He explained that the building, at the eirst National Store end is about 28' from t e street line and at the showroom end, the building is about 3 ' from the street' line. Mr. Brown asked what type of construction would be used and Mr. Viano replied that it would be masonry, but most of it would be glass. Mr. Brown asked if there would be room for two cars and Mr. Viano replied in the affirmative. The Chairman asked what type lights would be used and Mr. Viano replied that he intended to have fluoresent lighting. The Chairman asked if there would be any signs and Mr. Viano said that he may be compelled to have an overhanging sign. He said that the Buick Company has ideas of its own relative to signs. Mr. Nickerson asked if Mr. Viano wanted to go mead with the construction. He replied that this is part of the overall picture started last December. He said that he would have ' started long ago without coming before the Board of Appeals If Mr. Worthen had the plans ready. He said that there are practically no vital materials required. The Chairman asked if the proposed addition would be secohd class construction and Mr. Viano replied in the affirma'-- tive. Mr. Nickerson asked about Buick having ideas relative to signs and Mr. Viano said that they may insist upon having an overhanging sign on the Viano property and not on town property. Mr. Nickerson asked if the sign would be steel and Mr. Viano replied that it would be wooden and chrome trim. The hearing was declared closed at 8:25 p.m. At 8:30 p.m. hearing was declared open upon the petition of Viano Properties, Inc. for permission to erect an addition, approximately 25' x 85', to the present building located at 34 Bedford Street. Mr. Eugene Viano, Messrs. Edwin P. Bradford and his brother, Alfred P. Tropeano, Theodore A. Custance, Mr. and Mrs. Harry Boyd, Mr. and Mrs. Frederick Myers and Mr. and Mrs. Hubert Broderic, were present at the hearing. Mr. Frederick Britton appeared late. Notice of the hearing was read by Mr. Nickerson. 54 Mr. Viano stated that he would like to go into the back- , ground of the matter so that the Board would understand the situation. He said that he has had in mind for quite a period of time rebuilding the old garge on Bedford Street which is one of the earliest garages in Lexington, if not the earliest. He skid that it has been used as an automotive establishment and wqp erected for that purpose. He said that as his plans formulated, he applied to the Building Inspector for a permit and in good faith. He stated that his understanding of the Zoning Law was such that a garage in a businesq area was a continued use and he did not think it was a non conforming use. He stated that the Town Counsel had advised that it is a non- conforming use and in accordance with his decision a hearing before the Board of Appeals was requested. Mr. Viano said that he desired to improve the property and make it an asset to the Town of Lexington. He stated that it was not the intention to do anything detrimental to the people of the town. He said that a building would be erected to conform with the building laws. He said that it would be a much better place for the automobile business now existing at 34 Bedford Street. Mr. Viano stated that he knew of no other plan that he could have selected which would meet his needs or be more esthetic in that part of the town. He said that the building would meet a definite community need and would not depreciate the value of the neighborhood. Mr. Viano said that this is a business section, has been owned by him for many years and for which he has paid taxws as a business property. He stated that the uze and occupancy of the building is the only cohsideration this evening. He said that the question to be decided tonight is whether this addition shall be used as a salesroom or not. Mr. Viano presented plans of the proposed addition and explained them to the Board. He said that the building was leased several months ago to two young veterans who have just returned from the service; one a resident of Lexington for a long time. The other boy sold his home in Concord and purchased a home in Bedford because he was unable to find a place in Lexington. He said that it would be a hardship on these two boys to deprive them of an opportunity to earn a living in Lexington. Mr. Viano introduced Edward and Arnold Bradford, officers of the company, who have leased the building. The Chairman asked if the building would be first-class con- struction and Mr. Viano said that the construction would be second class. The Chairman asked if the addition would come up to the end of the business district and Mir. Viano replied in the affirmative.. He said that the nearest house is four feet from the line and the barn in the rear is about two feet from the line. 1 ' The Chairman asked if the portion of the building which would jet out would be used for a salesroom and Mr. Viano replied in the affirmative. Mr. Nickerson asked how far back it would set and Mr. Viano said that it would be 30+ from the street line. Mr. Redman asked how far the proposed addition would jet out from the nearest house and P.r. Viano said that it would be approx- imately on line with the front of the building. The Chairman asked if there was room to extend in the rear and Nir..Viano replied that the back is zoned for R-1 purposes. He said that the business district is back 100 feet and this addit- ion will be back 86 feet. Mr. Redman asked if Mr. Viano had a right of way through the Brown property and he replied that he has made arrangements with the Brown Estate for the use of the property for driveway purposes, but he has not the right to build on it. Mr. Viano said that he appreciates the fact that the house is so close, and he is willing to cooperate in every way possible to make the addition and property as attra!a.tive as possible. The Chairman said that the addition would shut out light from the Boyd house and Mr. Viano said that it will shut out some light on the first floor. He said that he would have been very glad to own the property so that he would have afflicted this on himself. Mr. Redman asked how tall the proposed addition would be and Mr. Viano said that the wall is about 12 feet. He said that this is the maximum to get the interior clearance required. bIr. Redman asked if the roof would be flat and ter. Viano replied in the affirmative. Mr. Frederick Britton asked if the building would be on the line and Mr. Viano replied that to all intents and purposes it would. He said that there is a variance of 4 inches in some places. Mr. Edwin Bradford, 20 Hartwell Street, Bedford, said that as one of the members of the corporation leasing the property, he is in favor of having the petition granted because it means his liveli- hood. He said that he had turned down two opportunities to work for the government. He further stated that he and his brother made a canvass of the people living in the vicinity of 34 Bedford Street to inquire how they might feel relative to the pbrposed addition. - He presented the signatures of several people who apparently have no objection. Mr. Locke asked how long the garage would be open in the eve- ning and 1jr. Viano said that the Bradford brothers could probably best answer such a question, but he did not believe they had decid`.ed as yet. He said that it has been the practice for showrooms to remain open until 9:00 p.m. He said that the repair department would be closed at 5:30 and closed on Saturdays. u Mr. Redman asked if the showroom would be illuminated after nine in the evening and Mr. Viano said that the lighting will be indirect. Mr. Viano stated that the building would be heated by gas, and thus any soot from soft coal would be eliminted. Mr. itarry Boyd, 30 Bedford Street said that the w&11 at the present time is built nearly up to his living room window. He said that the wall cuts out absolutely*the light on all of the first floor windown; one window on the stair- way going from the first to the second floor and from the pantry one will look out on a blank wall four feet away. He said that the projecting portion of the proposed addition does project beyond the front of his house approximately four feet. The Chairman asked if he would object to the addition provided the part which projects out from his house was not there and Mr. Boyd said that he would feel a whole lot better a about it, but it would still cut out most of the light. The Chairman asked if the salesroom was his real object- ion and Mr. Boyd replied in the affirmative. He said that it is the blank wall in front of his windows that bothers him. Mr. Nickerson asked how much land Mr. Boyd owned on the other side of his house and he said that he has a.751 frontage and approximately 35 or 40 feet on the other side. He said that his house was built before the Zoning haws came into . effect. He said that his chief objections was the matter of shutting out light and air. Mr. Britton said that he would like to see Mr. Viano make the best use of the property and wondered if he would be willing to set the addition back anft give Mr. Boyd the light he desires. He said that he thought some compromise could be made. Mr. Viano said that he realized fully that it is unfort- unate that such a situation exists.0fle said that he is con- scious of the fact that it is inconvenient and disagreeable to Mr. Boyd. He said that it is inevitable that if he had sold the property something much more undesirable could have been erected. He said that he has been approached several times but pupposely refused to sell the property because he desired to control the construction that went there. Mr. Viano said that he had Mr. Boyd approached by a real estate man, knowing what was contemplated, to see if he could arrange to purchase the property. He said that nothing could be done on that particular phase of it. Mr. Viano said that as for redesigning the construction, it would be out of the question. The building has gone too far, involving consider- able expense. He said that the best way out of the dilemma is the relocation of the Boyd house and not the relocation of the building. Mr. Viano said that the relocation of the building might give Mr. Boyd a little relief but it would not * from his cellar, it cuts out ** He said that it is not his fault that the house is so close to the line. 1 7 1 5' ' give him the relief he is looking for. He said that the sensible thing to do would be to move the house, eliminate the annoyance, and improve the property. Mr. Viano said that if Mr. Boyd is so inclined, he would be willing to participate in the expense if he and Mr. Boyd can agree. Mrs. Boyd wanted to know if the owner of property would be forced to move their house in order that the build- ing next to it would not be a detriment. The Chairman explained that if Mr. Viano desired to erect stores in this location he could do so and build them up to the line without any permit from the Board of Appeals. Mrs. Boyd said that there always has been a garage on the property and they do not object to it. She said that she did object to the fact that she will not be able to see out of the living room windows. Mr. Custance inquired as to the finish of the wall and Mr. Vaino said that it would be water -proof and painted. Mr. Boyd said that Mr. Viano did send a real estate agent. to see what his reaction might bq relative to selling his house and he said that he was not inclined to sell and told the agent that until such time as he could And a place he would not sell. Mr. Britton asked if Mr. Viano would be willing to consider dropping the front section back eight feet. Mr. Viano said that he did not think Mr. Britton had the right prospective. He said that it is difficult for a leyman ' to conceive how the building will appear when completed. He said that display was an importantf unction of this building. Mr. Viano stated that he is willing to cooperate in a reasonable manner. He said that there is no bbligation on his part to help Mr. Boyd financially to move his house. He said that he has a legal right to use this property and if Mr. Boyd so wished, he is willing to sit with him and see if they can wont out a solution equitable to them both. Mr. Viano said that he has paid taxes on this commercial property for twenty years. Mr. Tropeano said that the neighborhood does not mean one abutter. He said that it should be taken into consideration that this neighborhood has been changed drastically in the last few years. He said that the Boyds new there was a garage there and must have known it was in a C-1 district. Mr. Viano said.that he has already made commitments with the town to extend the granolithic sidewalk from the Boyd property to the LeGraw property and that the yard of the garage will be blacktop. The hearing was declared closed at 9:31 P.M. The Board considered Mr. Robert Cady*s petition and upon motion of Mr. Locke, seconded by Mr. Nickerson, it was unanimously voted to grant the petition in the following form: 1 58 a BOARD 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 wiitten petition addressed to it be Robert Cady 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 LOxibgt6n, `whicl hearing ,washeld in 'the Selectmen's Room, in the Town Office Building on the 24th day of May, 1946. Five regular members of the Hoard 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 extend his garage located at 10 Greenwood §treet, Lexington, a distance sideways in the direction of his house, some 10' in order to provide a two - car garage instead of the present siggle garage. The petitioner stated that the addition to the garage would be made of materials similar to the present constPuction. He also stated that he might desire to raise the present garage and addition so*e 2' in order to make the floor of the garage more nearly level with the grade of the street. He stated that the present garage is approximately 10' from the present street line and that the addition would also be 10' from the street line. ' No one appeared in opposition to the said addition. At the close. of the hearing the Board in private session on May 24, 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 but not affecting generally the Zoning district in vh ich It is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would invoYve 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 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 Robert Cady to construct an addition approximately 101 wide to his existing garage. Permission is also granted to the petitioner to allow him to raise his present garage and the addition some 2+ if he desires. It is understood that the addition will be made of materidls similar to his present garage. 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, includ- ing #hat herein summarized, and directs that this record immed- iately 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 I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, hereby certify that I sent by postage certificate of mailing on the 9th day of May, 1946 to Robert Cady, Susanna Harvey, William H. Allen, Burt C. Britbon, Dorothy Huggard, Carl Hauck, and also advertised in the Lexington Minute -Man on May 9, 1946, a notice of which the following is a true copy. Hazel J. Murry 1G= erk, Board of 1p—peals By-law and General Laws.) N O T I Winthrop H. Bowker Donald E. Nickerson J. Milton Brown May 9, 1946 Lester T. Redman Errol H. Locke I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, hereby certify that I sent by postage certificate of mailing on the 9th day of May, 1946 to Robert Cady, Susanna Harvey, William H. Allen, Burt C. Britbon, Dorothy Huggard, Carl Hauck, and also advertised in the Lexington Minute -Man on May 9, 1946, a notice of which the following is a true copy. Hazel J. Murry 1G= erk, Board of 1p—peals N O T I C E May 9, 1946 The Board of Appeals will hold a hearing on the matter of ' varying the application Robert Cady, for of the permission to Zoning By-law, upon petition extend the garage located at of 10 Greenwood,Street, a distance of ten feet, under the Lexington Zoning By-law or in accordance with Chapter 40, Sectiops 25 to 30 as amended. 60, 3C a The hearing will be held in the Selectmen's Room, Town , Office Building on Friday evening, May 24, 1946 at 8:00 13.M. WINTHROP H. BOWKER Chairman, Board of Appeals May 1, 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. 10 Greenwood Street, owned by Robert Cady of Lexington by permitting the following: To extend my garage 10 ft. Robert Cady 10 Greenwood Street ' Lexington The Board then considered the application of Viano Properties, Inc. for permission to erect an addition to the front of the present garage building, approximately 300 sq. ft. in area, located at 1668 Massachusetts Avenue, Lexington. Upon motion of Mr. Brown, seconded by Mr. Locke, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexinton Zoning' By -Law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Viano Properties, Inc. a copy of which is hereto annexdd, 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 -ban, a newspaper published in Lexinp.ton, which hearing was held in the Selectmen's Room, in the Town Office Building on the 24th day of May, 1946• RIESLf ' 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 snow: They wished to erect an addition to the front of the present garage building, approx- imately 300 sq. ft. in area, located at 1669 Mass. Ave., Lexington. The petitioner stated that this addition would be on the front of the south easterly corner of the present building; the addition will be shaped approximately as a semi circle and will have a diameter of approximately 321; the same to be erected in front of the present building and not to extend beyond the line of the existing south easterly wall, and will not extend from the present building in the direction of Mass. Ave. more than 131. The petitioner stated that the construction of this addition will be second class with knotty pine panel on the inside walls and to be used for showroom purposes. The petitioner stated that fluorescent lighting will be used in this addition; No one appeared in opposition to the petitioh. At the close of the hearing the Board in private session May 24, 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 vd ll 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 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 substanitally 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 erection of an addition to the front of the present garage building located at 1668 Mass. Avenue, to be on the front of the southeasterly corner of the present garage building; said addition 62 to be of 2nd class construction in the form of a semi circle which will not extend more than 13" beyond the front of the present building.in direction of Mass. Avenue. It is &lso,understood that the addition will not protrude beyond the southeasterly wall of the present garage; that the addition shall be one-story only. It is also understood that the add- ition will be in conformity with a plan entitled "Colonial Garage, Inc., Lexington Mass. scheme #2, dated March 23, 1946." 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 Lexington and shall be open to public inspection and that notice of the decision shall be mailed forthwith to each partylin 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 Donald N. Nickerson J. Milton Brown 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 9th day of May, 1946 to Viano Properties, Inc., William Hunt, et al, Bertha M. Baker, Viano Realty Corp., David Daniels, James J. & Josephine F. Waldron, Samuel & Dian Sfrans, Rubin Myer, Harry G. Seligman, Arthur F. Viano, Boston Edison Co., Edward J. & Mary C. Connors, Sylvia Viano, Bertha H. Hathaway, Anna T. Pring, Leo J. & Charlotte W. Quimby, Catherine F. MacDonald, Alice S. Crawford, also advertised in the Lexington Minute -Man on May 9, 1946, a notice of which the following is a true copy. Hazel J. Murray _ Clerk, Board of Appeals 1 N O T I C E May 9, 1946 The Board of•Appealstwill hold a hearing on the matter of varying the application of the Zoning By-law Rpon petition of Viano Properties, Inc. for permission to erect an addition to the front of the present garage building, approximately 300 sq. ft., located at 1668 Massachusetts Avenue, Lexington, under the Lexington Zoning By-law or in accordance with Chapter 40, Sections 25 to 30 as amended. The hearing will be held in the Selectmen's Room, Town Office Building on Friday evening, Mlay 24, 1946 at 8:10 p.m. WINTHROP H. BOWER Chairman, Board of Appeals 4/30/46 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 10 of the Lexington Zoning By-law with respect to the premises at No. 1668 Mass. Ave., owned by Viano troperties, Inc. of Lexington by permitting the following: An addition to front' present Bldg. approx. 300 sq. ft. Viano Properties, Inc. Eugene 1. Viano, Pres. Lexington, Mass, The Board considered at length the petition of Viano Properties, Inc. for permission to erect an addition approximately 25' x 85' to the present building located at 34 Bedford Street. It was finally decided to authorize the Chairman to contact ' Tom. Boyd hnd ask him to make a serious effort to arrive kt some compromise with Mr. Viano relative to the possibility of relocating the Boyd house and the expense of the same. The meeting adjourned at 10:25 p.m. A true. r'eebrd, Attest: 'Hae l Iuiurray C�l r Boar o Appeals.