Loading...
HomeMy WebLinkAbout1946-07-31I�n SEE PAGE 97 for July lith meeting. 9' I BOARD OF APPEALS MEETING July 31, 1946 A meeting of the Board of Appeals was held on Wednesday evening, July 31, 1946, at 7:30 p.m. in the Selectmen's Room, Town Office Building, Lexington. Lressrs. Locke, Brown, Nickerson and Associate Members Ballard and Ripley were present. The Clerk was also present. This meeting was held for the purpose of arriving at a decision relative to the petition of Charlene. J. Bdorkgren 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 from the street. The Chairman said that he had talked with the Building Inspector and the Town Counsel on the matter. The Building Inspector said that if Mr. Bjorkgren had had a twenty -foot setback, he would have granted the permit for the building. Mr. Lynch, the Town Counsel, said he thought the Board could put restrictions on the use of the building even though the petition was just for setback. Mr. Lynch thought that it should be specified that the first floor is to be used exclusively for playroom purposes, then the petitioner would have to come before the Board of Appeals if another use of the building is desired. The Board reviewed the discussion of the previous hearings held relative to this petition and upon motion of Mr. Ripley, 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 written petition addressed to it by Charlena J. Bjorkgren 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 phblished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the eighteenth day of July, 1946. Three regular members 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 94. X offered on behalf of the petitioner tending to show: That the ' petitioner wished to erect a building at the rear of 265 Bedford Street, Lexington, which would be set back fourteen feet from the established street line; that the building facing North Hancock Street would be approximately 30' x 221; that it would consist of a basement and two floors; that the first floor is to be used as a playroom, the basement and second floor to be used for the storage of equipment and materials used by Mr. Bjorkgren, who is a building contractor; that if the building were located nearer the dwelling, it would interfere with the use of the arda back of the house for garden purposes; that there would be a driveway between the proposed building and the exist- ing garage, the use of which would make it unnecessary to load and unload trucks on the highway; that Mr. George P. Morey said that he would be in'favor of granting the petition if the build- ing were set back far enough from North Hancock Street to eliminate the traffic hazard now caused by the loading aAd unloading of the tuacks. Two persons living in the immediate vicinity were recorded in favor of granting the petition. No one appeared in opposition. At the close of the hearing the Board in private session July 31, 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 L®xYngton 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 Chatlena J. Bjorkgren to erect a building at the rear of 265 Bedford Street, Lexington, for the purpose of storage and playroom, subject to the following conditions: that no shop work or mill work shall be performed on the premises; that the first floor of the building shall be used exclusively as a playroo*; that the base- ' ment and second floor shall be used only for the storage of in ' equipment and material used in the conduct of Mr. Bjorkgren's business; that the space between the present garage and the proposed building shall be used for the leading and unloading of trucks so that they shall not be parked on or extend into the highway; that there shall be no,overflow of material and equipment stored outside 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.) Errol H. Locke D. E. Nickerson Walter C. Ballard J. Milton Brown Aiden L. Ripley 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 mail- ing on the 3rd day of Julyl 1946 to Boston & Maine R. R., Lexington Coal Co., Robert G. & Edna R. Allen, Cornelia Bierenbroddspot, Roy S. & Pauline P. Hanks, Louisa G. Bean, Ellen R. Teague & Everett B. Teague, Alfred & Edith R. Emerson, H. Lawrence Cook, Edward M. & Mary L. McGovern, Charlena J. Bjorkgren, Laura M. Walker, Joseph Napoli, James A. & Margaret J. Aker, Socony-Vacuum Oil Co., Inc., George F. Smith, Margaret E. Ormond, 3Yohn 0. & Arline M. Riggs, John F. & Eleanor McCullough, Victor N. & Veda L. Rochette, Madeline T. Mead, Franklin M. & Ruth L. Dyer, Hugh E. & Mary E. Leonard, Frederick Jr. & June E. Slader, Lillian N. Russell, Jessie W. Gilmore, Charles A. & Anna L. McCormack, Lawrence R. Pious, William Leonard, and also advertised in the Lexington Minute -Man on July 3, 1946, a notice ` of which the following is a trug copy. Hazel J. I;_u_�ray Jerk, Board of Appeals 96 N 0 T I C E July 3, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of Charlene, J. Bjorkgren for permission to erect a building at 265 Bedford Street, Lexington, for the purpose of storagge and playroom, which will not have the required setback from the street, under the Lexington Zoning By-law and in accordance with General Laws, Chapter 40, Section 25 to 30 as amended. The hearing will be held on Thursday evening, July 182 1946 at 8:00 p.m. in the Selectmen's Room, Town Office Build- ing, Lexington, Massachusetts. Hazel J. Eurray Clerk, Board of Appeals, Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts , Gentlemen: The undersigeed 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. 265 Bedford Street, owned by Charlena J. Bjorkgren of Lexington by permitting the following: To erect a building which will not have the required setback from the street, for the purposes of storage and playroom. Charlene J. Bjorkgren 265 Bedford Street Lexington, Massachusetts The meeting adjourned at 8:30 P.M. A true record, Attest: Acting Clerk I 1 L SEE page 93 BOARD OF APPEALS MEETING July 18, 1946 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building on Thursday evening, July 18, 1946 at 8:00 p.m. Messrs. Brown, Locke and Associate Member Ripley were present. The Clerk was also present. Mr. Locke acted as Chairman. At 8:00 p.m. hearing was declared open upon the application of Charlena J. Bjorkgren for permission to erect a building at 265 Bedford Street, Lexington, for the purpose of ;,bterage.and playroom, which will not have the required setback from the street. Mr. & Lirs. Bjorkgren, Yr. and Mrs. John 0. Riggs and Mr. George Morey attended the hearing. Notice of the hearing was read by Mr. Brown. t' Mr. Bjorkgren said that he would speak for his wife who is the owner of the property. He said that the main object was to have a playroom on the first floor, with a cellar under it and a second floor for storage. He said that he is a build- ing contractor and needs the building to store his equipment. He said that there is not sufficient room between the location where he desires to erect Phe building and the street line. The Chairman asked if the propesdd building would be separate from the house and Mr. B4orkgren replied in the affir- mative. ,The Chairman asked if he had a plot plan showing the location of the building in relation to the lines. Mr. Bjordgren said that he only had a plan of the building. The Chairman asked if he intended to use a portion of the building for storage or if there would be any shop work done. Mr. Bjorkgren said that it would be to keep his equipment only so that he may use his garage for his aara. The chairman asked what the basement would be used for and Mr. Bjorkgren replied that it would be used for storage. He said that the second floor would be used for storing lumber and material. Mr. Brown asked if the building would be heated. 1:1r. Bjorkgren said that he has a fire place designed and he might put in a small air conditioner. Yr. Ripley asked how high the grade is and Mr. Bjorkgren replied that it is about 312 feet from the street. Yr. Ripley asked if there is a sidewalk there now and V1r. Bjorkgren rel—led in' the negative. Mr. Brown asked if the proposed building would face on Hancock Street and mr. Bjorkgren replied in the affirmative. Mr. Ripley asked if there would be a cellar under the building and Mr. Bjorkgren replied in the affirmative. 9S c Mr. John 0. Riggs, 14 North Hancock Street said that he ' and his wife wish to be recorded in favor of granting the petition. He said that they feel that the proposed building would not harm the neighbrohood and in fact they think it would be a betterment. Mr. Bjorkgren could then put away his ladders and use the garage for his cars. Mr. George P. Morey, 90 north Hancock Street said that he did not know whether he was in favor or opposed to granting the petition. He said that traffic is increasing rapidly at the corner of Bedford and North Hancock Street. He said that when Mr. Bjorkgren is loading and unloading his truck, it often projects out onto the street. He said that if the proposed building can be set back for enough so that it will not inter- fere with the traffic on North Hancock Street, as it now does, he would be in favor of granting the petition. He said that unless the building could be moved back, he would urge the Board to be careful because he felt that it might otherwise be a source of danger. Mr. Bjorkgren said that the proposed building would eliminate the trouble mentioned by Mr. Morey. He said that he would have about 25 feet to his lot line. The hearing was declared closed at 8:20 p.m. and Mr. Morey retired. At 8:23 p.m. hearing was declared open upon the petition of I Dr. Lawrence K. Pious for permission to maintain a physician's office at 255 Bedford Street, Lexington. The petitioner, Mr. & Mrs. Bjorkgren and Mr. & firs. Riggs were present at the hearing. Notice of the hearing was read by Mr. Ripley. Dr. Pious said that he would like to have a sign in the window and also a sign on the lawn because the house sets back so far from the street. He said that he expects to receive title to the property in about two weeks. He said that there would be no alterations to the building. The Chairman asked if Dr. Pious was interested in the general practice of medicine and he replied that he was interested in the general Practice of medicine and surgery. Mr. Riggs said that he wished to be recorded in favor of granting the petition. He said that he and Mrs. Riggs felt that this section of the town needs a physician. Mr. Bjorkgren said that he wished to be recorded in favor of granting the petition. The hearing was declared closed at 8:29 p.m. The Clark was instructed to write the Town Counsel and to obtain his opinion as to whether or not the Board of Appeals may control the use of the Bjorkgren building. Any decision upon ' the petition was held over until the next meeting of the Board, scheduled for July 25, 1946. 1 1 1 At 8.45 hearing was declared open upon the application of Frank A. and Mary Napoli for permission to maintain the existing roadside stand for the sale of produce grown on the premises. Mr. Napoli was the only person present at the hearing. Notice of the hearing was read by Mr. Brown. Mr. Napoli said that there has been no complaint relative to the roadside stand. The Board had no questions and the hearing was declared closed at 9:49 p.m. Upon motion of Mr. Brown, seconded by Mr. Ripley, it was voted to grant the petition of Dr. Lawrence K. Pioas, subject to the approval of two other members of the Board, 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 be Lawrence K. Pious, M. D., 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, Tn the Town Office Building on the 18th day of July, 1946. Two regular and one Associate (two additional members read the records of the hearing) members of the Board of Appeals were present at the heraing. 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 occupy the premises at 255 Bedford Street, maintaining a physician's office on the premises formerly occupied by Dr. Victor N. Rochette; that he wished to practice general medicine and surgery. No one appeared in opposition. At the close of the hearing the Board in private session July 18, 1946 gave condideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the pub U 6 convenience and welfare will be substanti "•y served by the making of the exception requeeted . 2. That the exeeppion requested will not tend to imapir the status of the neighborhood. 3. That the exeeption requested will be in harmony with the general purposes and intent of the regulations in the Lex- 100 00 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 quebtion would involve substantial hardhhip to the petitioner and that desirable relief may be granted without substantially deorgating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the appligation of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit the occup- angy of 255 Bedford Street, Lexington, by Lawrence K. Pious, M.D. for his office as a physician; any signs to be placed on the premises to be not exceeding one and one-half square feet in area. The Board hereby waked 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, inclucing that herein summarized, and directs that this record immediately following this decision shall be filed inthe 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 J. Milton Brown Aiden L. Ripley Walter G. Ballard D. E. Nickerson 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 3rd day of July, 1946 to Lawrence K. Pious, M. D., Boston & Maine Railroad, Lexirg ton Coal Co., Robert G. & Edna R. Allen, Cornelia Bierenbroodspot, Roy S. & Pauline P. Hanks, Louisa G. Bean, Ellen E. Teague, Everett B. Teague, Alfred & Edith R. Emerson, H. Lawrance.Cdok� Edward M. & Mary L. McGovern, Charlena J. Bjorkgren, Laura M. Walker, Joseph Napoli, James A. & Margaret J. Aker, Socony Vacuum Oil Co., George F. Smith, Margaret Z. Ormand, John 0. & Arline_ 11. Rigfs, John F. & Eleaffr I� Cullough, Victor N. & Veda L. Rochette, Made rine T. Yead, Fran in 101 & Ruth L. Dyer, Hugh E. & Mary E. Leonard, Frederick Jr. & June Slader, Lillin N. Russell, Jessie W. Gilmore, Charles A. & Anna L. McCormack, and also advertised in the Lexington Minute -Man on July 33, 1946, a notice of which the following is a true copy. N O T I C E Hazel J. Iurray Clerk, Board of Appeals. July 32 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Boning By-law upon petition of Dr. Lawrence K. Pious for permission to maintain a physician's office at 255 Bedford Street, Lexington, under ht.e Lexington 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 18, 1946 at 8:15 P.M. in the Selectmen's Room, Town Office Building, Lexington, Massachusetts. Hazel J. Lurray Clerk, Board 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, appointed under General Laws, Chapter 40, Sections 25 to 30 as amenddd, to vayy the application of section of the Lexington Zoning By-law with respect to the presmises at No. 255 Bedford Street, owned by Wm. E. Leonard of Newton by per- mitting the following: Physician's office and small sign. Lawrence K. Pious 756 George Street New Haven, 11, Conn. Upon motion of Mr. Ripley, seconded by Mr. Brown, it was voted to grant the petition of Frank A. and Mary Napoli, subject to the apt)roval of two other members of the Board, in the follow- ing form: 102 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 Frank A. and Mary Napoli 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 bhe 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 18th day of July, 1946. Two regular and one Associate (two additional members read the records of the hearing) members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annex- ed. At this hearing evidence was offered on behalf of the petition- er -tending to show: That they wished a permit for a period of one year expiting on July 18, 1947 to conduct a roadside stand on property of Frank A. and Mary Napoli, located on Marrett Road and'Middle Street; that there had been no changes made on con- nection with the existing roadside stand and that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session July 18, 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 ans welfare will be substantially served by the making of the exception requested. 2. That the exception requested will not tend to imapir 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 previsions 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 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 1 i 1 103 is hereby varied so far as may be necessary to permit Frank A. & Mary Napoli to maintdin the existing roadside stand on Marrett Road on the land of same, for the purpose of selling only the products grown on their land in the Town of Lexing- ton, and that said stand be maintained on the location as now Qxisting; they to provide sufficient parking area for auto- mobiles to prevent $raffic congestion on Marrett Road; this permit to expire July 182 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, 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 decisions 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 J. Milton Brown Walter C. Ballard D. E. Nickerson I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Sections 27 to 30 as amended, hereby certify that I sent by postage certificate of mailing on the 3rd day of July, 1946 to Frank A. Napoli, John Waugh, Charles W. & Mary A. Fittz, Gordon H. & Alice L. Osgood, Robert P. Trask, Thomas J. & Jennie Heaney, Robert J. Fawcett, Carl V. Olson, Raymond L. & Anna S. White, James H. & Elizabeth Clyde, and also advertised in the Lexington Minute - Man on July 3, 1946, a notice of which the following is a true copy. Ha2el J. I:urray Clerk, Board -of Appeals N O T I C E July 3, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by Frank A. and Mary Napoli, and located at 104 X cr a Marrett Road about 200' northwesterly from the corner of Middle Street, Lexington, the maintenance of the existing roadside stand for the sale of produce grown on the premises, under the Lexington Zoning By-law 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 18, 1946 at 8:45 p.m. in the Selectmen's Room, Town Office Building, Lexington, Mass. Hazel J. T_u-_ray Clerk, Board of Appeals. Juke 28, 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. 23 Middle Street, Lexington, owned by Frank A. Napoli of Lexington by permitting the following: For the use of the roadside stand to sell the produce of the land. Frank A. Napoli The meeting adjourned at 9:20 p.A. A true record, Attest: B`�