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.
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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
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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.
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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.
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' 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.
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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.
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' 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:
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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.
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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
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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.
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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
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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.