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BOARD OF APPEALS MELDING '
November 1, 1946
A meeting of the Board of Appeals was held
in the Selectmen's Room, Town Office Building, on
Friday evening, November 1. 1946: Chairman Bowker,
Mr. Locke, Mr. Brown, Mr. Redman, and Associate
Member Ballard were present at the hearing. The
Clerk was:also present.
At 8;05 P.M., hearing was declared open upon
the'pet#tion of'.Manuel A. Cunha for permission to
construct and.maintain a greenhouse at 33 Centre
Street, Lexington.
Notice of the hearing was read by Mr. Brown.
Six persons. attended the hearing.
Mr. Cunha presented a plan of the proposed green-
house to the members of the Board of Appeals. He
owns 125 feet of land on one side, 137 1/2 feet on
the other and 135 feet in the back. The proposed
greenhouse is to be ten feet away from the garage. '
It will be about 290 feet from Reed Street. From
Mr. Cunha's lot line, the greenhouse will be about
50 feet, and it will be about 37 feet from the back
of his.lot. The proposed greenhouse will be about
96 feet in length, with a concrete foundation. It
will be heated either by steam or ho -t water. It
will be built according to the Building Inspector's
regulations. The building will be about 21 1/2 feet
wide. They expect to start building in the spring,
possibly sooner.
Mr. John Hossfield, 128 Reed Street, spoke in
favor of granting the petition.
Mrs. George Olford, 159 Reed Street, asked the
Board if this petition were granted whether it would
change the Zoning Laws. Mr. Bowker stated that it
would mean that Mr. Cunha would-be allowed to put
his greenhouse in that vicinity, but that it would
be just a variation in the Zoning Lawsq Mrs. O1dford
had no objections if the Zoning Laws were not changed.
Mr. Roy Ladell, 23 Centre Street, stated that
he was the one who drew the sketch of the greenhouse
and explained to the Board just how it would be built. ,
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Doris Conant, 17 Avon Street, also questioned
the changing
of the Zoning Laws, and Mr. Bowker once
aggin explained that it would be merely a variance.
She has no objections to the granting of the petition.
Hearing was declared closed at 8;17 P.M.
At 8;17 P.M., hearing was declared open upon
'the
petition of Richard Cassidy for permission to alter
a building into a single family residence; said build-
ing is located at 18 Curve Street, Lexington.
Notice -of the hearing was read by Mr. Ballard.
Mr. Cassiey was the only person present at the hearing.
The lot at 18 Curve Street has sideyards of about
15 feet, with a frontage of about 50 feet. All lots
In that section are very narrow. The existing walls
and foundation would be used, and there is to be no
change in the size of the building. The lower story is
constructed of cement blocks, and this will be used as
the garage. The heating unit will be in the center of
this area. Mr. Cassidy would use one side of this garage,
and the other side would be for the proposed living
quarters. Mr. Cassidy's brother in law would like to
buy the property. The frontage of the new lot would
-about
be 50 feet - the lot would be divided in half.
Mro Crown may sell a portion of his property to Mr.
Cassidy.
In view of the fact that this case involves a
question of area alone, Cdr. Cassidy was ached by the
Board to find out just how much land Mr. Crown would
sell him and report back to the Board next Friday evening,
November 8, 1946.
Hearing was declared closed at 8;40 P.M.
At 8145 P.M., hearing was declared open upon the
petition of Biagio Cacciola for permission to alter a
building into a single family residence at 708 Marrett
Road, Lexington.
Notice of the hearing was read by Mr. Locke.
Other than Mr.'Cacciola, there were no persons present
at the hearing.
Mr. Cacciola is willing to sub -divide his lot. He
has plenty of frontage and plenty of depth. He now has
a 735 foot frontage. He will continue to use the first
story of the proposed dwelling for a washhouse, and living
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quarters will be on the second floor only. The '
present washhouse is 261 x 26+. Tne heating unit
will be in a separate room. Plans of this proposed
dwelling were presented to the Board.
Hearing was declared closed at 9:00 P.M.
The Board'considered the application -of
Biagio Cacciola. Upon motion of Mr. Locke, seconded
by Mr. Ballard, it was unanimously voted that the
application of Biagio Cacciola be granted.''
Before the order was completed, the following
decision was made.
November 6P 1946.
Enhard A. Lindstrom,
Building Inspector
Town Offices
Lexington 73, Massachusetts
Dear Mr. Lindstrom;
The Board of Appeals, after consideration
of the evidence submitted at the hearing held on
November"1, 1946 pertaining to the petition of.
Biagio Cacciola for permission to alter a build-
ing into a single family residence, does not feel
that it is a matter requiring action by the Board
as no variation of the Lexington Zoning By-law
is necessary in connection with the petition.
The Board, therefore, takes no action on
the said petition and refers the matter back to
you for your further consideration.
Very truly yours,
BOARD OF APPEALS
/s/ Winthrop H. Bowker
Walter C. Ballard
Errol H.'Locke
Lester T.' Redman
J. Milton Brown
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171
' The Board next considered the application of
Manuel A. Cunha. Upon motion of Mr. Ballard, sec-
onced by Mr. Redman, it was unanimously voted that
the application of Vanu&l A. Cunha be granted in
the following form;
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington
Zoning By-;-6Lsv and General Laws, Chapter 4O,'Sections 25
to 30A as amended, having received a written petition
addressed to it by Manuel A. Cunha, 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 -Mas, a newspaper published in Lexington,
which hearing was held in the Selectmen's Room, in
the Town Office Building on the first day of November
1946.
' Four regular and one associate member 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 construct
and maintain a greenhouse at 33 Centre Street, Lexington;
said greenhouse to be approximately 96 feet long and
approximately 33 feet wide. The petitioner stated that
this greenhouse will be erected at the rear of the exist-
ing garage, and extending parallel with Centre Street.
The petitioner stated that the ends of the greenhouse
would be at'least twenty:' feet from the lot lines, and
that the side of the greenhouse would be approximately
37 feet from the new lot line.
No-one spoke in opposition to the granting of the
petition, and three persons spoke in favor of the grant-
ing of the petition.
At the close of the hearing the Board in private
session on November 10 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.
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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 of the Lexington Zoning By-law.
4. That owing to conditions especially
affecting the said parcel but not affecting gen-
erally 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 Lex-
ington Zoning By-law is hereby varied so far as
may be necessary to permit the construction and
maintenance of a greenhouse on the premises owned
by Manuel A. Cunha on the basis that all sideyard '
regulations as prescribed in the Lexington Zoning
By-law will be adhered to, and that the premises
will be kept in a neat and orderly condition at all
times.
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 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 APPFAL3 OF LEXINGTON
(Acting under the Lexington
Zoning By-law and General Laws)
/s/ w inthrop H. Bowker
Walter C. Ballard
Errol H. Locke ,
Lester T. Redman
J. Milton Brown
179
' I, Virginia B. Tarbell, 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 October
17, 1946, to Manuel A. Cunha, Henry E. Lowe, Malcolm
W. & Doris i. Conant, Gavonnina Merrino, Wallace
G. Wezinger, Mabel E. Williams & Prances W. Eaton,
John E. Hossf ield, Albert J. Salani, George & Julia
M. Oldord, Salvador D. Corselli & Pauline Corselli,
Nelson F. & Marion W. Fleming, and also advertised
in the Lexington Minute -Man on October 17, 19460
a notice of which the following is a true copy.
N O T I C E
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
October 17, 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 Manuel A.
Cunha, and located at 33 Centre Street, Lexington,
' the construction and maintenance of a greenhouse,
under the Lexington Zoning Law or in accordance
with Chapter 40, Sections 25 to 30A as amended of the
General Laws.
The hearing will be held on November 1, 1946
at 8=00 P.M. in the Selectmen's Room, Town Office
Building, Lexington, Mass.
WINTHROP H. BOWEER
Chairman, Board of Appeals
October 10, 1946
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen;
The undersigned hereby petitions thel.Lexington
Board of Appeals, appointed under General Laws,
Chapter 40, Sections 25 to 30A as amended, to
vary the application of section 6A of the Lexing-
ton by permitting the following; Construction
and maintenance of a greenhouse.
' Manuel A. Cunha
33 Centre - Street
Lexington, Mass.
180
It was voted to apW ove the minutes of the
meeting of October 18, 1946.
The meeting adjourned. at 9;40 P.M.
A true record, Attest;
Clerk, Board -of.
APPeals
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