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
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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
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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:
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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
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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
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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
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the owner of the property to go onto the land.
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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.
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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.
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' 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.
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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.
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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
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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:
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"Clerkv
rd of A peals