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HomeMy WebLinkAbout1946-06-14BOARD OF APPEALS MEETING June 14, 1946 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building on Friday evening, June 14, 1946 at 7:30 p.m. Messrs. Locke, Brown, Nickerson, Redman and Associate Member Ripley were present. Mr. Locke acted as Chairman and further consideration was given to the application of the New England Telephone and Telegraph Company for permission to enlarge the present telephone exchange located at 27 Mazzey Street, Lexington. Letter was received from William M. Hogan, Jr., attorney for the New England Telephone and Telegraph Company stating that arrangements had been made whereby they were renting, from the Old Belfry Club, space in the parking area adjoining the Telephone Company property for the parking of cars connected with the Telephone Building, In addition, the Company will instruct its employees that this parking space has been secured for their use and that no vehicles operated by them, whether owned by the Company or by the individual, are to be parked in the public ways in the vicinity of the Telephone exhange. Upon motion of Mr. Nickerson, seconded by Mr. Brown, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS P10,11T 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 New Angland Telephone and Telegraph Company 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 -Ilan, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 11th day of January, 1946. Four regular and one associate 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: Than the New England Telephone and Telegraph Company wished to enlarge the existing telephone exchange building located at 27 Muzzey Street, Lexington by an addition approximately 42' x 301, across the rear of the present building, extending 12' on the southwesterly side as shown on plan submitted marked "Progress Print, March 4, 1946." The addition to be located 30' from the rear lot line, 15' from the southwesterly lot line and 1$' from the northeasterly lot line. The architecture Ll 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a leteral enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantialy 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. $srsaaht 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 New England Telephone and Telegraph Company L 6115 of the addition is to be the same at the existing building. The roof is to be the same elevation and the completed structure would appear as one building. The Telephone Company stated that this addition is req- uii-ed because present switchboard space is completely filled, that no more operators can be used and that those now employed cannot render maximum quality service because of the excessive number of calls,handled. After the middle of the summer of 1946 existing switchboards, will be used to full capacity and no facilities can be made available to meet new demands for telephone service in Lexington. The propeedd increass would take care of requirements up to 1955• It was stated that at present a maximum of twenty-five persons are employed at one time and the enlargement of the building would increase this number by about 50%. It was further stated that no provision had been made for the park- ing of motor vehicles off the highway. No citizens appeared in favor of granting the petition. Nine persons opposed the granting of the permit. At the close of the hearing the Board inaprivate session June 14, 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 exceptkon 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 Lex- ington 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 leteral enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantialy 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. $srsaaht 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 New England Telephone and Telegraph Company L 6115 G C� to erect an addition to the present telephone exchange at 27 Muzzey Street, approximately 42* x 30' as shown on sketch submitted marked "Progress Print, March 4, 1946" subject to the following conditions: 1) That the architecture of the addition shall be similar to the existing building. 2) That automobiles belonging to the company and employees shall not be parked on the highways in the vicinity of the build- ing. 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*herein:�suOmarized, 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 tb each party in interest. * and the testimony presented BOARD OF APPEALS OF LE=GTO N at the said hearing, including , that (Acting under the Lexington Zoning By-law and General Laws.) Errol H. Locke Lester T. Redman D. E. Nickerson Aiden L. Ripley J. Milton Brown I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington,appointed under General Laws, Chapter 40, Section 27, hereby certify that.I sent by postage certificate of mailing on the 27th day of December, 1945 to New England Telephone & Tele- graph Company, George H. Peterson, Gertrude H. Mara, Rose S. Wright, Herbert M. & Florence 'E. Lawrence, Thomas G. & Elizabeth D. Lynah, Mary 10. Tarbell, Florence C. Robertson, Laura M. Beaudry, R. Warren& Vivian G. March, Francis T. & Mabel F. Barry, Walter C. & Clara B. Ballard, Merle D. Straw, Old Belfry Club and also advertised in the Lexington Minute -Man on December 27, 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals December 19, 1945 , Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts 1 C' 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 27 Muzzey Street, owned by the New England Telephone & Tele- graph Co., 50 Oliver Street, Boston, by permitting the following: Enlargement to present telephone exbhange build- ing. Charles H. Vincent 50 Oliver St. Boston, Mass., Room 801 N 0 T I C` E December 27, 1945 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of the New England Telephone and Telegrpph Co. for permission to enlarge the present telephone exbhange located at 27 Muzzey Street, Lexington, 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 January 11, 1946 at 8:15 p.m. in the Selectmen's Room, Town Office, Town Office Building, Lexington, Mass. Winthrop H. Bowker Chairman, Board of ',Appeals. At 8:10 p.m. Mr. Ripley retired and Mr. Bowker arrived at the meeting. At 8:11 p.m. hearing was declared open upon the petition of Richard Kelly for the renewal of his permit to maintain a golf driving range on land on Lowell Street, Lexington, adjacent to Countryside, Inc. Notice of the hearing was Mr. Kelly and his attorney persons present at the hearing. Mr. Cronin stated that Mr. renewed and insofar as he knew, complaints relative to the golf The Chairman asked if Mr. read by Mr. Brown. Mr. Cronin were the only Kelly would like his permit there has been no objections or driving range. Kelly had extended the area of the driving range and Mr. Kelly replied in the negative. Mr. Brown asked if balls were lost over the fence on the ' right hand side and Mr. Kelly said that he has permission form 68Oc the owner of the property to go onto the land. ' Mr. Redman asked how long the range is and Mr. Kelly replied that it is 375 Yards. The hearing was declared closed at 8:15 p.m. At 8:16 p.m. hearing was declared open upon the application of Donald B. Faulkner for permission to alter an existing two - car garage located on Webb Street, Lexington, in such a manner as to provide temporary living quarters. Mr. Faulkner, his attorney George Barnes, 10 State Street, Boston, and three other pmrrsons were present. Notice of the hearing was read by Mr. Redman. Mr. Barnes said that the petitioner is a returned service man who is faced with the acute housing situation and he wants to provide a home until he is able to obtain building materials to construct a house on the same lot of land which he has purchased. Mr. Barnes presented a sketch of what the petitioner proposes to do. He intends to cut out the double doors and put in windows. By removing the partition, he intends to have a living room, kitchen and bathroom, all on one floor. Mr. Faulkner would like to live in the garage for two years if necessary. The Chairman asked if the living room would be used as'a bedroom• -sand Mr. Faulkner replied in the affirmative. The Chairman asked how far the line is from the property line and Mr. Barnes replied that it varies from 8' at the front to 10' at the rear. The Chairman asked how far back it isfrom Webb Street and Mr. . Barnes replied that it is 10' M1. Mr. Locke inquired as to whether or not it would be necessary to put in a new floor and Mr. Faulkner replied in the affirmative. Mr. Barnes stated that the neighborhood seems to be entirely in sympathy with what Mr. Faulkner intends to do. The Chairman asked how the building would be heated and Mr. Faulkner said that he would have to have an oil stove for the kitchen which is a regular cooking stove and would heat the other rooms. He said that if it was not enough, he would have to use an electric heater or an oil heater. The Chairman asked if there would be a chimney and Mr. Faulkner replied in the affirmative. Mr. Locke asked if there were-Wind:owb on both sides and Mr. Faulkner replied that there are three windows now and he intends to have two more. The Chairman asked about the sewerage facilities and Mr. Faulkner said that he would have to have a cesspool. Mr. Barnes said that there is no question at all in Mr. Eaulkner's mind about this being a temporary arrangement. He said that he intends to use this as a garage when he builds his house. Mr. Barnes asked if the garage could be considered as a permanent structure so that Mr. Faulkner could live in it for more than a year if necessary. ' The Board discussed the application of Mr. Richard Kelly and upon motion of Mr. Locke, seconded by Mr. Redman, it was unanimously voted to grant the petition in the following form: 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 written petition addressed to it by Richard Kelly 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 The Chairman said that it was supposed to be a temporary structure. Mr. Locke said that other permits have been granted for one year and it would not be inconsistent for the Board to grant it for another year, but that it would be necessary to have another hearing at the end of a year. He said, however, that the conditions during that period of time might change whereby the Board might not grant the permit again. The hearing was declared closed at 8:35 p.m. and the group retired. The Chairman explained to the Board that he had talked with Mr. Boyd who has obtained an estimate from Mr. Custance as to how much it will cost to move his house at 30 Bedford Street. He told the Board that Mr. Viano had also obtained an estimate of the cost of moving the Boyd house. He said that Mr. Viano wanted to appear before the Board this evening, and he (the Chairman) thought that Mr. Boyd should also have an opportunity to be present. At 8:37 p.m. Messrs. Viano and Boyd appeared before the Board. The Chairman explained that the Boptd thought that the two men might get together inasmuch as Mr. Viano spoke, of the possibility of having the Boyd house movdd and assuming part of the expense. Mr. Viano said that he had talked to Mr. Boyd over the telephone, -and that he is willing to participate in the expense of moving Mr. Boyd's house to the extent of $1,000. regardless of how much the cost would be. A lengthy and informal discussion was held relative to the possibility of moving the Boyd house. The Board agreed to meet on Wednesday evening, June 19, 1946 to arrive at a decision on Mr. Viano's petition. This would give Mr. Boyd and Mr. Viano time to consider the matter f ubther if they so desired. Mr. Boyd said that he would like to consult his attorney. The two men retired at 9:15 p.m. The Board discussed the application of Mr. Richard Kelly and upon motion of Mr. Locke, seconded by Mr. Redman, it was unanimously voted to grant the petition in the following form: 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 written petition addressed to it by Richard Kelly a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax ' list and also advertised in the Lexington Minute -Man, a news. paper published in Lexington, which hearing was held in the Selectmen's RoM. in the Town Office Building on the 14th day of June, 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 obtain an extension of his permit for the maintenance of a golf driving range an Lowell Street, Lexington on land adjacent to Countryside, Inc. and that he is in agreement to have this permit granted on the same bases as previously granted. No one appeared in opposition to the said petition. At the close of the hearing the Boatd in private session June 14, 1946, gave consideration to the subject of the petition and voted uaanimously 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 imppir 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 Lex- ington 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 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 Richard Kelly to use a portion of the land owned by Howard M. L.1unroe on Lowell Street, in the rear of Countryside, Inc. for a golf driving range, subject to the following conditions: 1. That the row of tees shall be placed at such angles from the line of Lowell Street that the balls travel away from the Countryside restaurant. n 1 7 ' 2. That the operation of the driving range shall cease by 11:00 P.M. 3. That sufficient parking space on the land of Mr. Munroe shall be provided to obviate parking on the streets. 4. That this permit shall expire June 8, 1947. 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 party in interest. BOARD DF APPEALS OF LEXINGTON (Acting under the Lexingtonr,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 Xdiling on Ahe 29th day of May, 1946 to Richard Kelly, Albert E. & Marion C. Olsen, Clifford H. & Mary C. McGee, Jennie Currier, Leonard K. Dunha, Elmira & Howard M. Munroe, Elizabeth Porter, et al and also advertised in the Lexington Vlinute-Man on May 29, 1946, a notice of which the following is a true copy. Hazel J. Murray Clerk, Boar' of Appeals May 45, 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. 72 ac C7 to 30 as amended, to vary the application of section 9a of the , Lexington Zoning By-law with respect to the premises on Lowell Street adjacent to Countryside, Inc., owned by Howard'Munroe of Lexington by permitting the following To maintain a golf driving range. N 0 T I C E Richard Kelly 567 Main St. Watertown, Mass, Lexington, Mass. May 292 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Howard R. Munroe and located on Lowell Street, Lexington, the renewal of a permit for a golf driving range, under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to 30 as amended. The hearing will be held on Friday evening, June 14, 19462 at 8:00 p.m. in the Selectmen's Room, Town office Building, I Lexington,Mass. Winthrop H. Bowker Chairman, Board of Appeals The Board also considered the application of Mr. Faulkner and upon motion of Mr. Nickersonr, seconded by Mr. Brown, it was unanimously voted to grant the petition in the following forma BOARD OF APPEAIS 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 Donald B. Faulkner 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 Munite-Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Ropm, in the Town Office Building on the 14th day of June, 1946 V 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 alter an existing 2 -car garage located on Webb. St., Lexington, in such a manner as to provide temporary living quarters. He stated that he planned to erect a permanent home on this location as soon as building conditions warranted. The petitioner stated that the garage was built of concrete blocks and that he intended to provide a living room, kitchen and toilet facilities in said building; that no permanent ciiimney would be erected; that the building would probably be heated by a small stove. He said that the distance from the side lot line is 21 in the rear and 4' in the front and the distance from the btreet line is 10' on one end and 81 on the other. The petitioner also stated that he expected to use this building as a residence for approximately two years. No one appeared in opposition to the petition. At the close of the hearing the Board in private session June 14, 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 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 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 ermit the alteration of an existing two -car garage into temporary riving quarters as indicated on sketch attached, dated June 14, 1946. This permit is granted for one year from date. 1 7 74 ac I, Hazel J. Murray, Clerk of the Board of Appeils of , Lexington, appointed under General Laws, Chapter 40, Sectaan,:27, hereby certify that I sent by postage certificate of mailing on the 29th day of May, 1946 to Donald B. Faulkner, James A. & Clara J. Pratt, John & Marvis M. Durfee, Ralph J. Frissore, Charles S. & Emma M. Moloy,*Leslie J. & Agnes L. Wood, Crescerzio Sperandio:,, Mary A. O'Connell, Nora E. Leary, Nish & Aznive Semonian, Margaret E. Collins, John R. McLaughlin, Frank 0. Nelson, George L. Rice, Mildred Cupp, John M. & Ann J. Taylor, Samuel & Stella Modoona, Asunta Modoona, Adolph & Ida Labes, James M. Etta, Peter & Martin Semonian, John & Beatrice Hamm, Daniel L. & Helen T. Cronin,Bernice H. Fogg: et al, and also advertised in the Lexington Minute -Man on May 29, 1946, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals May 15, 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. Webb Street owned by Mr. Donald B. Faulkner, 228 Kelton St., Allston, Mass. by permitting the following: A proposed alter- ations, to an existing two -ear concrete block garage into temporary living quarters. Mrs. Donald B. Faulkner 228 Felton St., Apt. 16 Allston, Mass. N 0 T I C E May 29, 1946 The,Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Donald B. Faulkner, and located on Webb j Street, Lexington, the alteration of an existing two -car garage 75 ' into temporary living quarters, under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to 30 as amended. The hearing will be held on Friday evening, June 14, 1946 at 8:10 p.m. in the Selectmen's Room, Town Office Building, Lexington, buss. Winthrop H. Bowker Chairman, Board of Appeals The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets foPth 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 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 thisdecision 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 J. Milton Brown D. E. Nickerson Mr.!Niekerson retired at 9:20 p.m. The records of the meeting held on May 249 1946 were declared approved. It was decided to schedule future Board of Appeals hear- ings on Thursday nights in preference to Friday as has been the usual custom. The meeting adjourned at 9:45 P.M. A true record, Attest: 1 "Clerkv rd of A peals