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HomeMy WebLinkAbout1946-06-19 46 x C7 BOARD OF APPEALS MEETING June 19, 1946 A meeting of the Board of Appeals was held on Wednesday evening, June 19, 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. This meeting was held for the purpose of arriving at a decision relative to 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, Lexington. The Board reviewed the records of the meetings previously held relative to the petition and upon motion of Mr. Nickerson. 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 Lexington 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 annexed, held a public hearing thereon of which notice wasimailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 24th day of May, 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 the petitioner wished to erect an addition approximately 25' x 85' to the present garage building located at 34 Bedford Street, Lexington, that the building would be single story, 12' in height. This addition will be of second- class construction and will extend from the present building along Bedford Street in the southerly direction to the approximate line between the business and residential areas. The addition will also extend within approximately 7' 9" of the street line. The petitioner stated that the portion of the building which would jet out beyond the front of theresent garage would be used as a display and salesroom. Mr. Viano presented a petition signed by 19 citizens of Bedford Street, Lexington who were not opposed to the addition to the garage. It is understood that the addition will provide for a two-car showroom, two company offices and a lubrication lift in the very rear of the bdilding. Three residents in the immediate vicinity objected to the grant- ing of the petition. 77, At the close of the hearing the Board in private session on June 19, 1946, gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the publid 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 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 invlove substantial hardship to the petitioner and that desirable relief may be grahted without substantially derogating from the intent or purpose or such Lexington Loning by-law. t'ursuant to the said findings, the tsoard hereby unanimously decides that the application of the Lexington Loning by-law is hereby varied so far as may be necessary to permit the erection of a one-starry addition to the present garage build- ing located at 34 Bedford Street, approximately 25' x 85' as shown on plan entitled "Alteration Addition to Garage for Eugene J. Viano, Bedford St. , Lexington, Mass. , C. Harry Erickson, Architect, 1774 Mass. Ave. , Lexington, Mass." This plan is on file in the office of the Building Inspector, Town Office Build- ing, `Lexingtop, Mass. It is understood that the premises shall be kent in a neat and orderly condition at all times. No merchandise shall be displayed beyond the confines of the building. No flood lighting shall be used on the outside of the building. 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 OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws. ) Winthrop H. Bowker D. E Nickerson J. Milton Brown Errol H. Locke Lester T. Redman x 78 a I, Hazel J. Murray, clerk of the Board or Appeals of Lexington, appointed under veneral Laws, chapter 40, section 2'/ , hereby certify that I sent by certificate of mailing on the 9th day of May , 1946 to Viano Properties, Inc . , Lexington Masonic Associates c/o Clarence S. Walker, John Conlin, LJ.nnie S. Britton, nelena C. Ryan, et al , Cyril V. & Ruth P. Seymour, Frank H. & Florence P. Tobin, Rose D . Robb, Josephine E. Bailer, Henry J. & Dorothy M. Jonson, Maud K. Swan, ,* John S. & William Gibson, Bridget A. Winn, Katherine Corbett, Harry C. & Edith M. Boyd, Carl F. & Ira M. Stucke, Richard J. LeGraw, F. K. Johnson, Inc. , Elizabeth C. Phelps, Lexington Lumber Corp. , May S. Harrington, Custance Bros. Inc. , Geneva M. Brown, and also advertised in the Lexington Minute-Man on May 9, 1946, a notice of which the following is a true copy. *Leslie D. °• Dvel'Tri '-i. I..:..rtin , Hazel J. Murray Lulu J. '_..cite , e Clerk, Board of Appeals :len K. S,isn April 29, 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, b;assachusetts 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. 34 Bedford Street, owned by Viano Properties, inc. 1668 Mass. Ave. of Lexington by permitting the following An addition to its present bldg. approx. 25' x 85 ' . Viano Properties, Inc. Eugene J. Viano, Pres. Lexington, Mass. May 9, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law, upon petition of Viano Properties, Inc. for permission to erect an addition, a proximately 25' x 85' to the present building located at 34 Bedford Street, 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, May 24, 1946 at 8 30 p.m. Winthrop H. Bowker Chairman, Board of Appeals. The meeting adjourned at 9 25 p.m. �y/ A true record, Attest : `�:tile/ Llurray Ulerk, oard oX_Appeals . ..-•+