Loading...
HomeMy WebLinkAbout1946-07-2579 BOARD OF APPEALS MEETING July 25, 1946 A meeting of the Board of Appeals wau held in the Select- men's Room, Town Office Building on Thursday evening, June �5, 1946 at 7:30 p.m. Messrs. Locke, Brown, Nickerson, and Associate Members Ripley and Ballard were present. In the absence of Mr. Bowker, Mr. Locke acted as Chairman. Further consideration was given to the application of Charles J. Bjorkgren for permission to erect a building at the rear of 265 Bedford Street, Lexington for the purpose of storage and playroom which will not have the required setback farmm the street. The Chairman read a letter from Mr. Lynch, Town Counsel, regarding the Bjorkgren petition. The Chairman said that if the building had been set back twenty feet, the Building Inspector could probably -have granted a permit. He stated that the building was approximately 22t x 301. Mr. Nickerson said that he thought it was very easy for contractors to depart from the requirements of a residential area and cause an unsightly condition. Mr. Brown wondered why the building was so large if the man only intended it for the storage of ladders and tools. Mr. Nickerson said he did not like to see a house, garage ' and then another house or building on so small a lot. Mr. Ripley said that Mr. Bjorkgren was governed largely where he proposed to put the building by the fact that he wanted to have a garden. The soil is very poor on part of the land and very good on another part. If the building was set back farther, it would ruin the little garden that he has. At 8:07 p.nA. hearing was declared open upon the application of Julia Grant for permission to sub -divide a parcel of land, located at 627 Massachusetts Avenue, Lexington, for a building lot which will not have the required frontage. The notice of the hearing was read by Mr. Brown. Mr. and Mrs. Julia Grant, their daughter, and Mr. Healey were present at the hearing. Mrs. Grant presented to the Board a map showing just what she proposed to do. She stated that her present house is near Pleasant Street, and is called the "Old Joy Estate". She said that the present frontage on Lot A-1 is approximately 196.10 feet and she couldn't possibly take any more frontage from this lot, because the main house requires a large frontage. She said that she wanted to build a house for herself on the proposed lot; the new house to be set back in line with the main house. The Chairman asked how far back she world locate the new bD.0-ae % Mrs. Grant stated that she would put it back in line with the piazza of the main house. 80 x Mr. Healy said that a house lot on this location was all ' right, but he would not want to see the zoning changed for anything else. The Chairman said that there would be no changed in zoning. Mr. Heilpy said that he would be perfectly satisfied to have a house there, but he wouldn't want anything also there. Mr. Grant and his daughter merelyappeared in favor of grant- ing the permit. The Chairman said that the matter would be taken under consider- ation. Mrs. Grant stated that what she proposed to do was to sell the main house and build a small house on this lot. The hearing was declared closed at 8:17 p.m. and the group retired. At 8:20 p.m..hearing was declared open on the petition of 0. Henry Janckson for permission to alter the barn located at 40 Clarke Street, Lexington into temporary living quarters. Mr. Jackson, the petitioner, was the only person present at the hearing. Mr. Brown read the notice of the hearing. Mr. Jackson distributed several copies of blueprints to the Board. He stated that he wanted a three room apartment on the second floor of the barn for his daughter and her husband, a veteran. The Chairman asked if there were to be any changes in the ' exterior of the building. Mr. Jackson said that the only changes would be the addition of one or two windows. The doorway would be one that was origin- ally in the barn, and it is entirely separate from the main part of the barn. Mr. Jackson said that the apartment would be on the second floor of the barn and the first floor would be used for storage purposes. The Chairman asked what was meant by temporary living quarters. Mr. Jackson stated that his son-in-law learning his business, and it would probably take him about five years to accomplish this. He stated that he would pipe the heat in from the green- houses. Mr. Ballard asked if there would be a chimney. Mr. Jackson replied in the negative. He said there would be gas in the kitchen. The Chairman said that it should be defined as to what is meant by temporary and that perhaps the restriction should be made that it be occupied for only a specific time and that only he or a member of his family should live in it. Mr. Jackson said that this restriction would be perfectly agreeable with him. 81-7, ' Mr. Ballard asked if there would be two exits. Mr. Jackson said that he could put a fire escape on, leading from the bedroom window. The hearing was declared closed at 8:37 p.m. and Mr. Jackson retired. At 8:40 the hearing was declared open on the application of James Cataldo for permission to maintain a roadside stand at the corner of Lowell and Woburn Street, on:iproperty owned by Mr. Howard M. Munroe. Mr. Cataldo, Mrs. Porter, Norman Carr and two other persons were present at the hearing. Mr. Cataldo said that he would like to have a stand to sell his vegetables at this location. He would also like to be able to sell fruit. The Chairman asked how long Mr. Cataldo had been farming this land. Mr. Cataldo replied about twelve years. The Chaitman asked if he had built anything there. Mr. Cataldo said he has put up a stand with an awning over it. The Chairman asked how large the stand was. Mr. Cataldo said that it was approximately 12' x 101. ' The Chairman asked what hours he would operate the stand. Mr. Cataldo replied from 10:00 am to 9:00 p.m. The Chairman asked about the illumination of the stand. Mr. Cataldo said there would not be very many lights, and there definitely would not be any flood lights. Mr. Cataldo said that the only signs he would have would be the small signs on the stand itself. The Chairman asked if he would operate the stand on Sundays. Mr. Cataldo said that he would like to have the stand open on Sundays. Mr. Brown asked if there would be room enough for people coming in automobiles. Mr. Cataldo said that he had room enough to accommodate six automobiles at the same time, and he did not think there would be any need for parking on the street. Mr. Cataldo said that if they haven't enough room, he will &evel down the bank- ing for additional parking space. Mr. Ripley asked Mr. Cataldo how long he would need the permit. Mr. Cataldo said that it would be a seasonable permit. Mrs. Porter stated that she was in favor of granting the permit. Pair. Norman Carr said that he was also in favor of grant- ing the permit. 82 0c, c� No one appeared in opposition, but a letter was received ' signed by Mr. Howard M. Munroe stating that he did not favor the issuing of a permit for stand at 105 Lowell Street. Mr. Munroe did not give any reason for his opposition. Mr. Cataldo said that he could not understand why Mr. Munroe did not want the permit granted. He stated that he had talked with Mr. Munroe about the stand and Mr. Munroe did not have any objections. Mr. Cataldo said that he leases the property form Mr. Munroe every year. Mr. Cataldo said that he was not trying to put up a stand against Mr. Munroe's wishes. Ue said that he had spent $150 for the awning because he understood that Mr. Munroe was in favor of granting the permit. The Chairman said that the Board has the right to grant a permit to the owner to sell only the products that have been grown on his land. Mr. Cataldo said that when leaning a piece of property, the tenant becomes the owner. The Chairman said that he would have to check with the Town Counsel. Mr. Cataldo said that he would talk with Mr. Munroe to see what his objections were. The hearing was declared closed at 8:55 p.m. and the group retired. ' The notice of the hearing was read by Mr. Brown. Mr. Ripley said that the Town Counsel should be contacted to find out whether or not persons leasing property should be termed as the owner. The Chairman retired at 9:00 p.m. to phone the Town Counsel for an opinion on the matter. He returned to the meeting; and said that it was the Town Counsel's opinion that ownership runs to the duly appointed tenant. The Board discussed the application of James Cataldo, and upon motion of Mr. Nickerson, seconded by Mr. Brown, 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 wtitten petition addressed to it by James Cataldo 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 newspaper 1 m ' published in Lexington, which hearing was held in the Select- men's Room, in the Town Office Building on the twenty-fifth day of July, 1946• Three regular and two 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: That Mr. Cataldo wished to erect a display counter, covered by an awning, attached to the house at the corner of Lowell and Woburn Streets; slid counter running along the front of the house, 12 feet on the front of the house and 10 feet along the Woburn Street side, on the premises owned by Howard M. Munroe; that he wished to sell products grown on the premises; the stand would be operated between 10:00 A.M. and 9:00 P.M., seven days a week, during the months that the outside stand could be operated; that sufficient space had been provided so that it would not be necessary for cars to park on the street while patronizing the stand; that there,would be no flood lights and only such illumination as necessary to properly illuminate the counter. Three persons spoke in favor of granting the petition. Letter was received from Howard M. Munroe, owner of the property, opposing the issuing of a permit for a stand on the above location. No reason for his opposition was given in the letter. , At the close of the hearing the Board in private session July 25, 1946, gave consideration to the subject of the petition and voted unanimously in favor of the following fifldings: 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 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. l 84 0C ..r 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 James Cataldo to maintain a roadside stand at the corner of Lowell and Woburn Streets on the property owned by Howard M. Munroe for a period ending July 25, 1947, subject to the following conditions: That only the products of the land of the owner shall be offered for sale, that there should be no object- ionable illumination of the stand; that the use of signs shall be limited to small signs on the counter; that the stand shall not be operated after 9:00 P.M.; that sufficient parking space off the highway shall be provided on the premises; and that the premises shall be kept in a neat and orderly condition at all times. 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 Zonin By-law and General Laws.) Errol H. Locke Aiden L. Ripley J. ilton Brown D. E. Nickerson Walter C. Ballard 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 11th day of July, 1946 to James Cataldo, Albert E. & Marion Olsen, Clifford H. & Mary C. McGee, Jennie Currier, Leonard K. Dunham, Elmira & Howard Munroe, Elizabeth Porter, et al, and also advertised in the Lexington Minute -Man on July 11, 1946, a notice of which the following is a true copy. Hazel J. Murray Clerk,Boardoff-Appeals. 1 N O T I C E July 119 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon applicat- ion from James Cataldo for permission to maintain a roadside stand at the corner of Lowell and WoburnStreet o pr$pe owned by Mr. H. y. Munroe, under the Lexington ton ng Y- a and in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws and amendments. The hearing will be held on July 25, 1946 at 5:30 p.m. in the Selectmenls Room, Town Office Building, Lexington, Massachusetts. Hazel J. Murray�__� Cler , Board of Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: July 5,_1946 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 9F Lexington Zoning By-law with respect to the premises Lowell Street and Woburn Street, owned by H. M. of Lexington by permitting the following: Sale of and vegetables. of the at No. Munroe fruits James Cataldo 47 Rindge Avenue Lexington, Mass. The Board discussed the application of Julia Grant, and upon motion of Mr. Ripley, seconded by Mr. Ballard, it was unanimously voted to grant the petition in the following from: 1 on 86 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 Julia Grant 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 Room, in the Town Office Building on the twenty-fifth day of July, 1946. Three regular and two associates 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; Mrs. Julia Grant wished to sub -divide the parcel of land located at 627 Mass. Avenue so that the lot on which the present residence now stands shall have approximately 126.10 feet frontage, with an area of approx- imately 24,330 square feet, designated on plan of Albert H. Miller and Wilbur C. Nylander, datel June 21, 1946, marked Lot A-1, that the second parcel of land shall have a frontage of seventy feet with a lot area of 18,180 square feet designated on the same plan as Lot A-2. Mrs. Grant stated that any residence located on Lot A-2 would be set back at least the same distance as the existing residence on Lot A-1 at 627 Massachusetts Avenue. No one appeared in opposition. At the close of the hearing the Board in private session July 25,1946 gave condideration 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 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 Mrs. Julia Grant to sub -divide the parcel of land located at 627 Massachusetts Avenue as detailed on the plan submitted, dated June 21, 1946; that any residence located on Lot A-2, shall be set back from the street at least the set- back of the building on Lot A-1. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for tis decision are its findings hereinbefore set forth and the testimony presented at the said hearing, includ- ing 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 forth- with to each party in interest. r. - BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws.) Errol H. Locke ' J. Milton Brown D. E. Nickerson Aiden L. Ripley , Walter C. Ballard 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 mailing on the 11th day of July, 1946 to Julia Grant, Clifford and Ruby H. Faulkingham, John R. and Ann G. Paranya, Dennis J. Healey, Adrian E. E. Jr. & Anita MacKeen, Katherine Zecobs; Amalie J. Armstrong, Frederick L. & h.abel A. Doyle, Adeline L. Cataldo, Margaret C. & Martha J. Wilson, Trs'.. Anthony R. Cztaldo, Lizzie E. Lowell, Leona 0. Truesdell, Henry P. Clark, and also advertised in the Lexington Minute-Y'an on July 11, 1946, a notice of which the following is a true copy. Hazei J. Murray Clerk, Board 67 -Appeals. N 0 T I C E July 11, 1946 ' The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of Julia Grant for permission to sub -divide a parcdl of land Q located at 627 Massachusetts Avenue, for a building lot which will not have the required frontage, under the Lex- ington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on Thursday evening, July 25, 1946 at 8:00 p.m. in the Selectmen's Room, Town Office Build- ing, Lexington, Massachusetts. Hazel J. Murray Clerk, Boar7 of Appeals. June 25, 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, gppointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of sedtion 6A of the Lexington Zoning By-law with respect to the premises at No , 627 Massachusetts Avenue, Lexington,* by permitting the following: A sub -division of land for a building lot, which will not have the required frontage. *otiened by rsulia Grant Julia Grant 627 Massachusetts Avenue Lexington 73, Massachusetts Mrs. Grant is to give the Board d final tracing of the subdivision before the Board can actually sign the plot plan. The Board considered the petition of C. Henry Jackson, and upon motion of Mr. Nickerson, seconded by Mr. Ripley, 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 C. Henry Jackson 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 newspaper published in Lexington, which hearing was held in the -Selectmen's Room, in the Town Office Building on the_ twenty-fifth day of July, 1946. Three regular and two 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: That G. Henry Jackson requested permission to alter the barn located at 40 Clarke Street, Lexington at the rear of the present dwelling, making temporary living qugrters on the second floor of the barn; that there would be no changes to the exterior of the building except the installation of a doorway and windows; that the alterations would consist of providing space for a living room, bedroom, kitchen, dinette, and bath; that it would be occupied by his daughter and her husband. No one appeared in opposition. At the close of the hearing the Board in private session July 25, 1946, gave consideration to the subject of the petttion 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 impgir 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 inv&Ive 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 Bp -law is hereby varied so far as may be necessary to permit C. Henry Jackson to make alterations to the barn located at 40 Clarke Street, Lexington, providing temporary living quarters and subject to the following conditions: That the remodelled build- ing shall be used for living quarters only so long as the build- ing is occupied by Mr. Jackson or a member of his immediate family, but in no event shall it be used after July 25, 1951. 90 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 immediatbly following this decisimn 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.) Errol H. Locke Aiden L. Ripley Walter C. Ballard D. E. Nickerson J. Milton Brown I, Hazel J. Murray. Glerk 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 11th day of July, 1946 to C. Henry Jackson, Elizabeth K. , & Katherine Buckley, Sarah B. Smith, Marion W. Perry, Frances L. Roberts, Elizabeth R. Nourse, Gertrude M. Gosgrove, Louis L. Crane, Paul A. & Viola Rinkland, Thomas P. & Catherine Murray, and also advertised in the Lexington Minute -Man on July 11, 1946, a notice of which the following is a true copy. Hazel J. Murra ark, Board o ppeals N 0 T I C E July 11, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of C. Henry Jackson for permission to alter the barn located at 40 Clarke Street, Lexington into temporary living quarters, under the Lexington Zoning By-law or in accordance with Chapter 40, Sections 25 to 30 as amended. The hearing will be held in Thursday evening, July 25, 1946 at 8:15 p.m. in the Selectmen's Room, Town Office Building, Lexington, Massachusetts. Hazel J. Murray ' Clerk, Board of Appeals. ' July 3, 1946 Lexington Board of 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 the Lexington Zoning By-law with respect to the premises at No. 40 Clarke Street, owned by C. Henry Jackson of Lexington, Mass. by permitting the following: Alteration of existing barn into temporary living quarters. C. Henry Jackson 40 Clarke Street Lexington, Mass. The Hoard then took up the petition of Charlena J. Bjorkgren. Mr. Nickerson said that a.13,500' lot is quite small for a large house, garage and then another building. Chairman said that the building did seem to be quite an 1The elaborate building. Mr. Nickerson said that the use of this building really comes quite close to being a business. Mr. Ripley wanted to know if it were within the jurisdiction of the Board of Appeals to say anything about the size of a build- ing going on a lot. The Chairman said that the Board is liftited as to what they can allow. He stated that Mr. Bjorkgren's petition was for permission to erect a dwelling for storage and playroom which will not have the required setback from the street. Mr. Ripley wanted to know if the permit was denied, could Mr. Bjorkgren increase his garage space. Mr. Nickerson said that he would have to make out an appli- cation to enlarge the garage. Mr. Brown said that perhpps Mr. Bjorkgren could have put the building up without coming before the Board of Appeals if he had had the required frontage. Mr. Ripley wondered if the Board would have any objections if Mr. Bjorkgren decides to sacrifice his vegetable garden space and sets the building back within the rules. Mr. Ballard said that he thought it would then be up to the Building Inspector. Mr. Nickerson felt that he should produce his deed so as to find out whether or not he can erect more than two dwellings 92con _ x ca on the lot. ' The Board decided to check with the Building Inspector and the Town counsel, if necessary, to find out if the Board is only interested in the setback. Also, to see if the dried can be obtained. The hearing was adjourned until a later date. The records of June 14, lune 19, and July 18, 1946 were declared approved. The meeting adjourned at 9:45 p.m. A true record, Attest: er - pro tem. t