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HomeMy WebLinkAbout1946-08-22Wal BOARD OF APPEALS MEETING August 22, 1946 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building on Thursday evening, August 22, 1946 at 8:00 p.m. Chariman Bowker, Mr. Nickerson and Asso- ciate Members Ballard, Rich and Ripley were present. The Clerk was also present. Upon motion of Mr. Rich, seconded by Mr. Ripley, it was unanimously voted to grant the petition of Edward A. Lamer for perkission to construct a dwelling on a lot on Hayes Avenue which will will have 85' frontage instead of the required 100' frontage 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 Edward A. Lerner a copy of which is hereto gn4exbd, held a public hearing there on 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 15th day of August, 1946. Two regular and two associate members of the Board of Appeals were present at the hearing. (The third associate member was present at the adjourned hearing.) A certificate of notice in hereto annexed. At this hearing:avidence was offered on behalf of the petitioner tending to show: That he desired permission to construct a dwelling on a lot on Hayes Avenue which will have 85' frontage instead of the required 100' frontage under the Lexington Zoning Law. The petitioner also stated, and showed by plans, that the lot on which the proposed building is to be constructed contains approximately 35,000 sq. ft. He stated that he attempted to purchase the additional 15' required under the Zoning Law from the person:.who owns the said frontage. but was unable to obtain same. The petitioner also stated that he did not intend to change the appearance of the land purchased to give him his 85' on Hayes Avenue. Mr. Larner stated that his father, the present owner, had given him a piece of land on which to build a house. The petitioner stated that he did not now own the 85' frontage but that an agreement was to be consummated for the acquisition of sufficient land to give the 85' frontage should the petition be granted. No one appeared in opposition. 112 00 At the close of the hearing the Board in private session , on August 22, 1946 gave consideration to the subject of the petition and voted unanimously in favor of the following find- ings: 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 the con- struction of a dwelling on the lot indicated above; said lot to have:. an 85' frontage on Hayes Avenue as indicated on drawing sub- mitted August 15, 1946 and attached hereto. The foregoing variations will not become effective unelss and until Mr. Lerner has acquired unconditional title to the 85' frontage on Hayes Avenue. 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 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 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 Errol H. Locke , Aiden L. Ripley John F. Rich Walter C. Ballard MIN 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 1st day of August, 1946 to Edward A. Lerner, Elton B. & Marguerite L. McCausland, Marion S. & Henry T. Andrews, Bertha M. Hutchinson, Herbert P: & Grace W. Russell, Guy C. & Grace V. Larsom, Edson V. & Dorothy S. Sears, Charles H. & Martha M. Morris, John Baskin, Herbert M. & Mildred H. Collins, Franklin W. & Nancy It. Coleman, Henry ti. & Helen V. Letoile, Lexington Savings Bank, Edward Y. & Mary Louise Betzold, Lester T. Redman, Freeman a. & Isable C. Gray, Albert B. & Peary C. Tenney, Barbara H. Childs, William Hunte, Jane C. Boleyn, Edward A. Larner, T. Lwwis H. & Muriel B. Kennedy, and also advettised in the Lexington Minute Man on August 1, 1946, a notice of which the following is a true copy. Hazel J. Murray er , Board of Appeals N O T I C E IAugust 1, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the zoning law, upon petition of Edward A. Larner of 53 Hancock Street, Lexington, for permiss- ion to construct a dwelling on a lot on Hayes Avenue which will not have the required frontage under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to 30 as amended. The hearing will be held on August 15, 1946 at 9:00 p.m. in the Selectmen's Room, Town Office Building, Lexington, Mass. Hazel J. Murray Clerk, Board of Appeals June 27, 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appminted under General Laws, Uhapter 40, Sections 25 to 30 as amended, to vary the application of section 6a of the Lexington Zoning By-law with'- respect to the premises at No. 53 Hancock Street, owned by Edward A. Larner (rC' 114 of 53 Hancock Street, Lexinr>ton, r:;ass. t Aitthorit.y;to use. the. and; .spt forth. on the attached. statdment for the purpose of constructing a private dwelling. Edward A. Larner 53 Hancock Street Lexington, Mass. Consideration was given to the application of Mr. 11. J. Aruda for permission to erect an addition to the rear of the present garage building located at 329 Massachusetts Avenue, LexinfCton Upon motion ofMr. Nickerson, seconded by Mr.' Rich, 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 M. J. Aruda 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 therepy as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, a newspaper pub- , lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 15th day of August, 1946. Two regular and two associate members of the Board of Appeals were present at the hearing. Two regular and two associate members were present at the adjourned 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 erect an addition to the rear of the present garage building located at 329 Massachusetts Avenue, Massaeitaaetts Avon", Lexington; said addition to be approxi- mately 5' x 9' and would match the appearance of the present building. The petitioner stated that he had purchased a new truck that is too large for his present lubritorium and that he wished to enlarge his building in order that he might house his truck during the night time. This garage building is located in a C-1 district. No one appeared in opposition to the petition. At the close of the hearing the Board in private session August 22, 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 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 granted without substantially derogat- ing 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 the erection of an addition to the rear of the erection of an addition to the rear of the present garage building owned by Mr. M. J. Aruda at 329 Massachusetts Avenue, Lexington; said addition to be approximately 5' x 9' and to match in appearance the present 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, 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. BOATED OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By -Law and General Laws.) Winthrop H. -Bowker Errol H. Locke Aiden L. Ripley D. E. Nickerson John F. Rich I, Hazel J. Murray, Glerk.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 1st day of August, 1946 to M. J. Aruda, Raphael & Maria Luongo, Charles & Martha C. Bamberg, Peter J. & Anna C. McDonagh, Dennis C. daRue, Eugene P. & Patricia M. McCarthy, James R. & Edna R. Hargreaves, Mariono Zarella, John A. & Phyllis K. Russell, Ragnhild S. Garfield, Miriam H. O'Neil, Anthony R. Cataldo, EditU RI. White, Calvin W. Childs, Robert W. & Grace 11. Custance, Francis 0. & Margaret G. Eldred, and also advertised in the Lexington Minute Man on August 1, 1946, a notice of which the following is a true copy. N O T I C E HAZEL J. MURRAY Jerk, Boar of Appeals August 1, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law, upon petition of Mr. J. Aruda of 329 Massachusetts Avenue, Lexington, for permission to erect an addition to the rear of the present garage building, approximately 5' x 91, under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to ' 30 as amended. The hearing will be held on August 15, 1946 at 8;45 p.m. in the Selectmen's Room, Town Office Building, Lexington, Massachusetts. Hazel J. Murray Clerk, Board of Appeals. July 23, 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. 329 Mass. Avenue, owned by M. J. Aruda I�] of Lexington by permitting the following: Permission to erect an addition to the rear of the present garage building, approx. 51 x 91. M. J. Aruda 329 Mass. Ave. Lexington, Mass. *** BOARD OF APPEALS DENIAL The Board of Appeals acting under the Lexington Zoning By-law and General Laws, 6hapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Gertrude H. Mara, 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 the Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on August 15, 1946. One regular and two associate members of the Board of Appeals were present at the hearing. Two regular and three associate members voted on the petition. The members of the Board who were not present at the hearing read the records in detail before voting on the measure. A certificate of notice is hereto annexed. At this hear- ing evidence was offered on behalf of the petitioner tendigg to show: That she wished to erect and maintain a retail gas- oline and oil service station on property located at 9-11 Merriam Street, Lexington. Mir. Tropeano, the attorney for the petitioner, presented plans for said gasoline station pre- pared by the Atlantic Refining Company and stated that this company would lease our purchase from bars. Mara this property when and if a gasoline station were premitted to be erected. On behalf of the citizens opposing granting of the petition tending to show: Mr. John Devine, attorney for the owner of the Central Black, (Mr. Scott's property) stated that the station if permitted to be erected would be detrimental to the future development of the Scott property, and also that in his opinion it would be detrimental to the town. Mr. Potter, Chairman of the Board of Selectmen, stated that the Board of Selectmen would much rather see this area become *** The Board diUCLISsed the application of Gertruue 1z'. I:lara for permission to erect and ;:iaintain s retail Casiline amid oil service station on property owned by ,ier and located at 9-11 '1.-eriQiStreet, LekinE;ton. Upon motion of Air. I?icl:erson and seconded by Ks. Lallar(3_, it was voted to deny tite petition in the followin; form-. a part of a parking area either as a public parking space or of any future development that might take place in that vicinity. He also stated that the Selectmen felt that the proposed use of this property would create a traffic hazard at the corner of Merriam Street and Massachusetts Avenue. At the close of the hearing the Board in private session on August 22, 1946 gave consideration to the subject of the petition and voted unanimously in favor of the following findings; 1. That ih its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend to create traffic congestion in this neighborhood. Pursuant to the said findings, the Board hereby denies the said petition of Gertrude H. Mara for permission to erect and maintain a gasoline and oil service station on premises owned by her and located at gill Merriam Street. The Board hereby makes a'detailed record of all its proceddings relative to such petition and hereby sets forth that the reasons for its decision are its findings herein- ' before 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 a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexin£;ton Zoning By-law and General Laws.) Aiden L. Ripley D. E. Nickerson John F. Rich Walter C. Bgllard 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 lst day of August, 1946 to Gertrude H. Mara, William Hunt, Anstiss S. Hunt, Mary D. Hunt, Alice 11. Ballard, Lexington Savings Bank, Daniel J. O'Connell, M. & L. Realty Co., Lillian L. Viano, Tr., Lexington Trust Col., George Scott, George E. & Helen S. Smith, Herbert 0. & Helen , Anderson, Albert F.'& Marion Douglass, Ralph H. Marshall, ' Boston & Maine, R. R., Katherine Harrington, Parish of The Church of Our Redeemenr, Winthrop W. & Lois J. Harrington, DTildred G. Tenny, Hancock Congregational Church, belle P. Chace, Ira J. & Edythe E. Xymal, Marion T. Hopkins, Robert C. Merriam, Lexington Historical Society, Board of Select- men, and also advertised in the Lexington Minute -Man on August 1, 1946, a notice of which the following is a true copy. N 0 T I C E Hazel J. Murray Clerk, Board of Appeals July 3, 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 Gertrude I1. Mara and located at 9-11 Merriam Street, Lexington, the erection and maintenance of a retail gasoline and oil service station. The hearing will be held on August 15, 1946 at 8:00 p.m. in the Selectmen's Room, Town Office Building, Leximaton, ' Mass. Hazel J.'Murray Clerk, Board of Appeals. July 8, 1946 Lexington Board of Zoning 4ppeals 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 Cl 6C of the Lexington Zoning By-law with respect to the premises at No. 9-11 Merriam Street, owned by Gertrude H. Mara of Lexington by permitting the following: The erection and maintenance of a retail gasoline and oil service station. Gertrude H. Mara 22 Ifuzzey Street Lexington, Massachusetts 00 1`0 tv Mr. Rich retired and the Board considered the application of the Community Nursery School, Inc. for permission to main- tain and operate a nursery school and 4indergarten on the remises owned by Mrs. Joseph Vallier and located between 295 and 2361 Massachusetts Avenue, Lexington. Upon motion of Mr. Ripley, seconded by Mr. Ballard, it was voted to deny the petition in the following form: BOARD OF APPEALS DENIAL 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 Community Nursery School, Inc; a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petiti6ner 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 August 15, 1946. Two regular and one associate member of the Board of ' gppeals 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 Community Nursery School, Inc. desired permission to maintain and operate a nursery school and kindergarten on the premises located between 2295 and 2361 Massachusetts Avenue, Lexington, and owned by Mrs. Joseph Valliere. Three regular and two associate members voted on the petition, The members of the Board who were not present at the hearing read the records in detail before voting on the measure. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that the maintenance and operation of the said nursery school and kindergarten would be detrimental to the neighborhood. Six neighbors in the immediate'vicinity of this property opposed the granting of the said petition. These people stated that it was their opinion that the operation of such a school would be objectionable and would tend to decrease the value of their property. At the close of the hearing the Board in private session August 22, 1946 ,gave consideration to the subject of the I petition and voted unanimously in favor of the following findings: Ll 1 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforuement of the Lexington Zoning By-law as to -the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without•' substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of the Community Nursery School, Inc. for permission tomaintain and operate a nursery school and kindergarten on the premises located between 2295 Massachusetts Avenue and 2361 Massachusetts Avenue, and owned by Mrs. Joseph Valliere of 2287 Massachusetts Avenue, Lexington. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings herein- before 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 a public record and that notice of this 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 Errol H. Locke Aiden L. Ripley D. E. Nickerson 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 of mailing on the 1st day of August, 1946, to Community 1' ' t 122 Nursery School, Inc. William R. & Helen C. Kirk, Laura H. Kelly, Clara A. Hill, Edith D. Bowker, Emily C. Collins, Katherine.Ross, Daniel H. & Mary H. Green, Carolyn!.L. Nickerson, Emma W. Piper, George M. & Emilie A. Fuller, Hannah B. Breslin, Frank P. & Mary E. Rycroft, Ruth V. Ready, Helen A. McCaffrey, Robert C. & Marie E. McAnaul, Helen T. Valliere, et al, Roy & Ethel M. Johnsen George L. & Mary E. Barnes, William J. & Florence W. Neville, George F. & Anna F. Vaughn, Dennis McNamara, John Sullivan, Harold T. & Helen H. Cowan, ald also advertised in the Lexington Minute Man on August 1, 1946, a notice of which the following is a true copy. N O T I C E Hazel J. Marra Crk, oar o Appeals August; 1, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of the Community Nursery School, Inc. for permission to maintain and ' operate a nursery school and kindergarten on the premises located between Nos. 2295 Massachusetts Avenue and 2361 Mass- achusetts Avenue, Lexington, and owned by Mrs. Joseph Vailiere of 2287 Massachusetts Avenue, Lexington, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on August 15, 1946 at 8:30 p.m. in the Selectmen's Room, Town Office Building, Lexington, Mass. Hazel J. Murray Clerk, Board of Appeals. July 23, 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. between nos. 2295 Massachusetts Avenue & 2361 Massachusetts ' Avenue, owned by Mrs. Joseph Vallier of 2287 Massachusetts ' Avenue, Lexington by permitting the following; operate the Community Nursery School, Inc. Nursery & Kindergarten. Janet E. Packard 14 Gleason Road Lexington Upon motion of Mr. Nickerson, seconded by Mr. Ripley, it was voted to approve the records of the hearings held on August 15, 1946. The meeting adjourned at 9:45 P•n. A true record, Attest: 1 C 1W O=1 WIN I'L I qq 0 b� b t '� F t i r d If I qq 0