HomeMy WebLinkAbout1947-03-07BOARD OF APPEALS MEETING
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March 7, 1947
A meeting of the Board of Appeals was held in the
Selectmen's Boom, Town Office Building, on Friday evening,
March 73, 1947. Chairman Locke, Mr, Nickerson, Mr. Redman
and Associate Members Ballard and Ripley were present at
the hearing. The Clerk was also present.
At 8;06,_,P.M., hearing was declared open upon the
petition of Edward A. Larner for permission to alter the
garage located at 53 Hancock Street into Living quarters.
Notice of the hearing was read by Mr. Ballard. There
were seven persons present at this hearing. Notices of the
hearing have been mailed to the owners of all property
deemed by the Board to be affected thereby, as they appegr
on the most recent tax list.
The petitioner stated that he has a large garage on
his property which is very heavily'constructed. He would
like to use it as living quarters for his son. He has
approximately three acres of land. He was granted a permit
about a year ago for a dwelling provided that he was able
' to get the stated amount of land. He was unable; however,
to get the required frontage. Consequently he is now
faced with a situation of trying to find something for
his son. He will be out of a home the fifteenth of April.
The building in question is a very desirable one and it would
seem that when fixed up it would improve the appearance of
his land, and provide suitable quarters for his son. It has
water, sewer and lights, and he understands at one time it
was used as an apartment.
Plans were submitted by Mr. Larner to the Board of
Appeals'to give1-them an idea of what the building would look
like when fixed up.
Mr. Locke asked what buildings were on the property. Mr.
Larner said a house, garage and a small wood shed. Mr. Locke
asked about the changes contemplated, and the petitioner said
changes would be made from within. Outside there would be a
new chimney and a few windows, with the possibility of a few
other minor changes. The heating plant would be in the base-
ment.
Mr. Redman asked if they would use the present driveway.
Mr. Larner answered in the affirmative.
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Mr. Locke said if this were used as a residence, they ,
might sometime be faced with the condition of selling a
separate building. Mr. Lerner said not unless he died.
He has no desire to do anything but improve the property.
As far as his son is concerned, he is married and has two
children; likes Lexington, has all his friends here and
this would be an ideal situation for him. He wanted to
build a house on the knoll, but cannot do it now. This
garage is a very heavily constructed building. He would
like to see his son have it. It will cost him a sub-
stantial amount of money to fix this up.
Mr. Locke asked if this building was lived in
sometime ago and Mr. Larner said that for awhile someone
did occupy it - all the facilities are still there. Mr.
Locke asked the petitioner if he had any idea when it
was lived in before. Mr. Larner said he thought it was
over fifteen years ago.
Mr. Locke said in other cases they have granted the
use of remodeling a building by placing certain restrictions
on the permit# such as allowing it only so long as the
petitioner occupies the main building. Mr. Locke stated
that he was looking forward to what might happen in the
future. Mr. Locke asked Mr. Larner if he would consider '
some restrictions. The petitioner stated that he would.
He feels that this building would be more desirable as
a house than a barn; makes a nice little community, and
he is quite willing to accept restrictions. The neighbors
will have something desirable to look upon.
Mr. Betzold, 3 Hayes Avenuestated that he lived
directly across the street and.was in favor of granting
the petition.
Mr. Gordon Richards, 58 Hancock Street said he did
not oppose this petition so long as Mr. Larner had the
property.
Mr. Redman asked if this property would be used
for one family only. Mr. Larner answered in the affir-
mative.
Mry Kennedy, 55 Hancock Street said he had every
sympathy with Mr. Larner - the property will probably
look better. He is afraid that in the pressure of odd
living, however, such as we are going through now -
we might be establigh.ing a precedent. He would rather
that Mr. Larner, Jr. build a Quonset Hut. He wishes
to go on record as being opposed. '
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Mr. Moore, 52 Hancock Street stated he had no
opposition to Mr. Larner or his family. His thought is
that there might come.e time when Mr. Larner would want to
sell the property. He has no opposition to the petition
being granted if Mr. Larner has the property. He would
not want to have the Zoning interfered with. He is very
much in favor so long as Mr. Larner owns the property.
Mr. Beven, 56 Hancock Street said his feelings are the
same as the others provided that the restrictions which
have been mentioned are put on - available only so long as the
petitioner lived on the premises.
Mr. Larner said he was willing to have some restrictions
put on but he did not want to have his heirs tied down with
too many restrictions.
Mr. Nickerson asked the petitioner why he was unwilling
toysubdivide. Mr. Larner said he was willing to do any-
thing, but it did not seem desirable for him or his
nieghbors.
Mr. Richards asked why it wasn't desirable. Mr. Larner
said it would make a common dtiveway. Mr. Richards said it
would stay t1thin the law. Mr. Larner said he did not see
the logic in it.
Mr. Nickerson said he knew of another case where sub-
division was perfectly possible, but the owner said he did
not want to. Later on, however, hu vent ahead and did it.
The hearing was declared closed at 8;45 P.M.
At 8;47 P.M., hearing was declared open upon the petition
of Roland M. Hamilton for permission to conver t the barn
located at 9 Sheridan Street Into a single family residence.
Notice of the hearing was read by Mr. Ripley. Where were
three persons present at the hearing. Notices of this
hearing have been mailed to the owners of all property deemed
by the Board to be affected thereby, as they appear on the
most recent tax list.
Mr. Hamilton stated that he intended to leave the build-
ing as it was except for the remodeling. It would be for
a single family residence.' He has about 18 or 20 feet on
one side and avout 50 to 60 feet on the other. The lot runs
approximately 100 by 100 feet.- Mr. Hamilton intends to
finish off the first floor now, and the second floor in the
future.
' Mr. Ripley asked if the petitioner intended to move the
building. Mr. Hamilton answered in the negative.
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Mr. Ballard asked about the cellar. Mr. Hamilton
said there was a partial basement room - enough for a
heater.
Mr. Locke asked if there would be any changes
in the outside of the building. Mr. Hamilton said he would
'fix the door, ppt in some windows, have a chimney. He
will conform with the regulations of the Building
Inspector.
Mr. Ballard asked the frontage of this lot; The
petitioner said 95 feet or over. Mr: Locke asked if Dir.
Hamilton had any thought of a garage. Mr. Hamilton said
he wanted one in the future - would have a breezeway
possibly and then a garage.
Mr. Locke asked if the petitioner intended to change
the roof line. Mr. Hamilton said he did not intend to.
Mr. Ripley asked the age of this building. The
petitioner said approximately forty years old.
Mr. Moyle, 11 Sheridan Street said he was'in favor
of granting this petition.
The hearing was declared closed at 8;55 P.M. '
At 8;57 P.M., hearing was declared open upon the
petition of Clifton B. Daniels for permission to sub-
divide a parcel of land located at 881-88a Massachusetts
Avenue for building Tots which will not have the
requirefl frontage.
Notice of the hearing was read by Mr. Redman. There
were two persons present at this hearing. Notices of the
hearing have been mailed to the owners of all property
deemed by the Board to be affected thereby, as they appear
on the most recent tax list.
Mr. Daniels stated that he had some back land which
he wanted to sell. He has a frontage of 150 feet on Curve
Street with an area of 23, 150 square feet. He wants to
sub -divide this land. Mr. Locke asked if he wanted to
make two lots fronting on CurveStreet, and the petitioner
answered in the affirmative.
Mr. Daniels presented a plan of his land to theBoard
of Appeals.
Mr. Sullivan, 17 Curve Street, spoke in favor of
granting the petition, I
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Mr. Redman asked if the petitioner intended to build
on this property right away. Mr. Daniels said he only intended
to sell this property as he was "land poor".
Hearing was declared closed at 9;06 P.M.
At 9,10 P.M., hearing was declared open upon the petition
of Everett Kourian for permission to operate a saw -mill
on the premises located a 109 Grove Street.
Notice of the hearing was read by Mr. Nickerson.
There were seven persons present. Noticesof the hearing
have been mailed to the owners of all property deemed
by the Board to be affected thereby, asthey appear on
the most recent tax list.
Mrq Kourian stated that he wanted to operate a saq-
mill for a short period to cut lumber - not longer than a
year.
Mr. Locke asked the petitioner if he wanted to cut only
lumber growing on the premises. Mr. Kourian stated that
material is being brought there and sawed. His nephew owns
the saw -mill and will saw only in his spare time.
' Mr. Locke asked if hehad had experience operating
a saq-mill.
Mr. Donald Kourian said he had seen them operate.
Mr. Locke asked if he would saw the lumber and sell it.
Donald Kourian said he wanted to build a house there eventually.
Mr. Locke asked if the lumber is taken away as fast as
it is sawed. Donald Kourian answered in the affirmative.
Mr. Locke asked how much lumber was stored there and Donald
Kourian said not more than enough for his own house.
Mr. Locke asked how many men would be employed.
Donald Kourian said only two.
W, Lock]b asked how regularly this mill would be
operated. Mr. kourian said thatrwould depend upon business.
Mr. Locke said - no particular schedule? W. Kourian said there
would be no particular schedule; he would operatein his spare
time and on Saturdays.
Mr. Locke asked how near the mill was to the woods. Mr.
Kourian said about twenty -feet,
Mr. Locke asked the kind of engine used and the petitioner
said he used a Packard auto engine.
Mr. Locke asked about fire hazard. Mr. Kourian said none.
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Mr. Nickerson asp ed new the petitioner determined
the length of sawing. I
Mr. Everett Kourian said he wouldnot want to see it
there for an indefinite period. Donald Kourian may have
possession of the property later on- then it would be his
own say, but he does not think it necessary for a long
period.
Donald Kourian stated that he wants to saq for other
people as well as for himself. He wants to saw about
5,000 feet or so. He has sawed about 29000 feet up to
now.
Mr. Nickerson asked the.size of the saw. Donald'
Kourian said it was just a small portable saw.
Mr. Redman asked how near the mill was to the near-
est house. Everett Kourian said about 300 or 400 feet.
Mr. Peter Helburn feels that as a normal town we
ought to do our share and carry the share of business
along* Mr. Locke said that this was an: R-1 District
and this must be ilassed as a business use, and the
reason for it coming before the Board.
Mr. Currier, 109 Grove Street stated that he could '
not see how there could be any objection to this mill;
no chance of a fire hazard and not a menaed to the
neighiboi�sti; impossible to even hear it unless the wind
is in the right direction. It is primarily for the
personal use of Donald Kourian.
Mrs. Donald Kourian said she and her husband were
living in one room in Bedford. This is their only way
Of getting a house now, and they are just trying to make
a little extra money by sawing for other people, and
sawing their own lumber at the same time.
Mr. Smith, son-in-law of Mr. Hill, 121 Grove Street
said he would not want the zoning law changed. Mr. Locke
explained that this would not mean a charge in the zoning
law, merely a variation for this particular case. Mr.
Smith said that in that event, Mr. Hill would not oppose.
The hearing was declared closed at 9;22 P.M.
At 9;25 P.M., hearing was declared open upon the
petition of John Bieren for permission to erect a three -
car garage to accommodate trucks and/or pleasure car
on the premises located at 328 Bedford Street. '
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Notice of the hearing was read by Mr. Ballard.
There were five persons present at this hearing. Notices
of the hearing have been mailed to the owners of all property
deemed by the Board to be affected thereby, as they appear
on the most recent tax list.
Mr. Bieren stated that he wanted to build a garage
in order to keep his trucks under cover at night. He
also intends in the future to build a house on this lot,
and wants permission for this garage before building.
Mr. Locke asked if the land had been sub -divided.
Mr. Bieren answered in the negative. If he cannot get this
permit, he does not intend to build a house for he would
have no place to store his trucks.
Mr. Locke asked the petitioner how many trucks
he had at present. Mr. Bieren said one at present, but
that he was thinking of getting another. Mr. Locke asked
if this was the petitioner's only address. The answer was
yes.
Mr. Locke asked Mr. Bieren if his trucking business con-
sisted of bringing any materials on this property. Mr.
' Bieren said no; he merely wanted to garage his empty trucks.
Mr. Locke akked the petitioner if he had another truck
whether he would hire somebody to operate it. The petitioner
answered in the affirmative. Mr. Locke asked Mr. Bieren
if his trucks went out in the morning and came in at night.
Mr. Bieren said yes.
Mr. Lincoln, 323 Bedford Street stated that he lives
directly opposite Mr. Bieren's property. He has observed
Mr. Bieren's coming and going every day and has never heard
a single person speak against him. He is definitely in favor
of this petition.
The hearing was declared closed at 9;35 P.M.
The Board considered the application of Edward A. Larner.
Upon motion of Mr. Redman, seconded by Mr. Nickerson, it was
unanimously voted that the application of Mr. Larner be grant-
ed 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
30A as amended, having received a written petition addressed
' to it by Edward A. Larner, a copy of which is hereto annexed#
'276
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 wgs held in the
Selectmen's Room, in the Town Office Building on the
seventh day of March, 1947.
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'Edward A. Lerner requested permission to alter the
garage located at 53 Hancock Street, Lexington, for use
as a single family residence in accordance with plans
prepared by Gustav A. Hagen.
One person appeared -in opposition.
At the close of the hearing the Board in private
session on March 7, 1947, 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 thke neighborhood.
3. That the exception requested will not tend to
impair the status of the neighborhood.
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 of
purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby un-
animously decides that the application of the Lexington
Zoning By-law is hereby varied so far asmay be necessary
to permit Edward A. Labner to alter the garage located
at 53 Hancock Street, Lexington to be occupied as a
single family residence in accordance with the plans sub-
mitted subject to the following condition; That '
the building shall be used for residential purposes only
so long as the vhole property remains in the possession
of Edward A. Lerner.
277
' 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 APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
/s/ Errol H. Locke
D. E. Nickerson
Aiden L. Ripley
Walter Co Ballard
Lester T. Redman
' I, Virginia Be 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 the twentieth day of February 1947 to Edward
A. Larner, Maud S. Smith, C. Harry & Elizabeth D. Erickson,
William M. & Phyllis C. Swift, Hattie E. A. Peckhb$, Ruth
Be Jackson, Philip M. & Marion Be Clark,Jane S.- Nesmith, Jane
C. Boleyn, Helen A. Downing, George Be Sargent, Olive G.
Moore, Clara M. Barbour, T. Lewis H. & Muriel Be Kennedy,
Minnie A. Glynn, Jessie W. Gilmore, Elizabeth S. Richards,
Herbert M. & Mildred H. Collins, Franklin W. & Nancy A.
Coleman, Edward M. & Mary Louise Betzold, Lester T. Redman,
Albert Be & Mary C. Tenney, Barbara H. Childs, William Hunt,
Mrs. Sarah J. Blodgett, Paul Be Richardson, Ralph H. & Ruth
G. Tucker, Marian S. & Henry T. Andrews, Herbert P. & Grace
W. Russell, Guy C. & Grace V. Larcom, Edson V. & Dorothy S.
Sears, Charles H. & Martha M. Norris and also advertised
in the Lexington Minute -Man on February 20, 19479 a notice
of vAUch the following is a true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals.
N 0 T I C E
' February 20, 1947
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning By-;aw upon petition
of Edward A. Lerner for permission to alter the garage
"278
located at 53 Hancock Street,
quarters, under the Lexington
accordance with General Laws,
to 30A as amended.
The hearing will be held
p.m. in the Selectmen's Room,
Lexington, Mass.
Lexington into living
Zoning By-law and in
Chapter 40, Sections 25
on March 7, 1947 at 8;00
Town Office Building,
ERROL H. LOCKE
Chairman, Board of Appeals
February 10, 1947
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massacliusetts.
Gentlemen;
The undersigned hereby petitions the Lexington
Board of Appeals, appointed under General Laws, Chapter 40,
Sections 25 to 30A as amended, to vary the application of
section 10 0£ the Lexington Zoning By-law with respect
to the premises at No. 55 Hancock Street, owned by Edward
A. Larner of Lexington by permitting the following;
Alteration of garage for living quarters.
E. A. Larner
53 Hancock Street
Lexington, Mass.
The Board then considered the application of Roland
Hamilton. Upori motion of Mr. Nickerson, seconded by Mr.
Ballard, it was unanimously voted that the application
of Mr. Hamilton be granted '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 30A as amended, having received a written petition
addressed to it by Roland M. Hamilton, 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'sRoom, in the Town Office BuilddQn.g
on the seventh day of March, 1947.
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;
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That Roland M. Hamilton requested permission to convert
' the barn located at 9 Sheridan Street, Lexington into
a single family residence. He stated that there would
be no structuRal changes to the exterior of the building;
that he planned to remodel the first floor of the build-
ing at the present time, finishing the second story at
some later date.
No-one appeared in oppesition.
At the close of the hearing the Board in private session
on March 7, 1947 gage 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 Lexington Zoning 'V -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 unan-
imously decides that the application of the Lexington Zoning
By-law is hereby varied so far as may be necessary to permit
Roland M. Hamilton to convert the barn located at 9 Sheridan
Street, Lexington into a single family residence.
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
ofrth 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.
f --
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
/s/ Errol H. Locke
D. E. Nickerson
Aiden L. Ripley
Walter C. Ballard
Lester T. Redman
f --
280
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 cer-
er-oficate
tificateof mailing oil the twentieth day of February 1947
to James E. & Astrid T. Silva, Herbert Dalrymple, Anna
G. McInerney, Esther R. Barnes, Hannah M. Balmer, William
R. Barnett, Jr. & Elizabeth M. Barnett, Raymond E. Dalrymple,
Kennth E. & Ruth C. Moyle, Irene D. Stone, Frederick A.
Valente, Harry & Grace G. Knight, Mary M. Smith, Charles
D. & Ruth Ann Sullivan, Harriet Farnum, Anne Hale, Jr.,
Christy Hallos, Samuel W. & Mary E. Wellington, Ernest G.
& G. Jean Gilbert, Emily F. Morse, Charles & Evelyn A.
Franks, Annie McClure, Paula Shaw, George C. McKay, Roy N.
& Angelina Wood, Karl B. & Mabel A. Nordstrom, Clayton M.
McKay, Roy N. & Angelina Wood, Karl B. & Mabel Ara Nordstrom,
Clayton M. & Gladys R. Morse, Justus P. Morse, Emma L. Hovey,
Alexander W. & Dorothy A. Parks, Elmer F. Butters, Helen
M. Dalrymple, Morris G. McKay, John & Anna M. MacNeil, John
L. Pichette, Clarence W. & Vi&let P. Burgess, Robert W.
& Mabel E. Fuller, Cyril A. & Jean E. Baker, Jeanne
M. Crowther, Gilbert G. & Annie M. Barclay, Alan F. &
Marion P. Lydiard, Patrick S. & Louise J. Brannan,
Sylvester & Isabel T. Modoono, Sebastian Paladina,
Eugent T. Buckley, Margaret B. & Stanley L. Sisson,
George E. & Helen S. Smith, Roland A. & Katie A: Mace
Phee, Marion E. Rice, Willard L. & Marguetite E. Woodis,
'
Ella M. Crowther, & James H. Ashby, Mary C. & Jane E.
Douglass, Mary L. Sullivan, Helen Terhune, Harry & Grace
G. Knight, Eva B. Comley, John J. McCormack, Estate of
Mary C. Rocque, Edward E. & Marion N. Abell, Joseph T.
Jr. & Mary OtBrien, Luigina Coscia and also advertised in
the Lexington Minute -Man on February 20, 1947, a notice
of which the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
N 0 T I C E
February 20, 1947
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning By-law
upon petition of Roland M. Hamilton for permission to
convert the barn located at 9 Sheridan Street, Lexington,
owned by Roland M. and Thelma M. Hamilton, into a single
family residence, under the Lexington Zoning By-law
and in accordance with ileneral Laws, Chapter 40, Sections
25 to 30A as amended.
The hearing will b� held 6n March 7, 1947 at 8;15 p.m,
in the Selectmen's Room, Town Office Building, Lexington', Mass.
ERROL H. LOCIE
Chairman, Board of Appeals.
281
February 18, 1947
' 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 400 Sections
25 to 30A as amended, to vary the application of section 10
of the Lexington Zoning By-law with respect to the premises
at No. 9 Sheridan Street, owned by Roland M. & Thelma M.
Hamilton of Lexington by permitting the following; Convert
Barn to SingleFamily Residence.
Roland M. Hamilton
255 Waltham Street
Lexington, Mass.
The Board then considered the application of Clifton
B. Daniels. Upon motion of Mr. Ripley, seconded by Nr.
Nickerson, it was unanimously voted that the application of
Mr. Daniels be granted in the following form;
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington Zoning
By -Law and General Laws, Chapter 401, Sections 25 to 30A
as amended JR having received a written petition addressed
to it by Clifton B. Daniels, 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 Lex-
ington Minute -Man, a newspaper published in Lexington,
which hearing was held in the Selectments Room, in the
Town Office Building on the seventh day of March, 1947.
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 Clifton B.
Daniels requested permission to subdivide a parcel of land
located at 881-883 Massachusetts Avenue, Lexington, now
owned by Clifton B. and Florence M. Daniels, so that there
will be two lots fronting on Curve Street; each with a frontage
of seventy-five (75) feet; lot #2 on the plan submitted having
an area of approximately 12,650 square feet.
No-one appeared in opposition.
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282
At the close of the hearing the Board in private
session on March 7, 1947 gave consideration to the
subject of the petition and voted unanimously in
favor of the following findings-
1.
indingse
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 enforeement 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 dero-
gating from the intent or purpose of such Lexington Zoning
By-law.
Pursuant to the said findings, the Board hereby unan-
imously decides that the application of the Lexington Zoning
By-law is hereby varied so far as may be necessary to permit
the parcel of land located at 881-883 Massachusetts Avenue,
Lexington owned by Clifton B. and Florence M. Daniels to be
subdivided in accofdance with the plans submitted.
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 APPEALS OF LEXINGTDN
(Acting under the Lexington
Zoning By-law and General Laws)
/sl Errol H. Locke
D. E. Nickerson ,
Aiden L. Ripley
Walter C. Ballard
Lester T. Redman
283
' 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 the twentieth day of February 1947 to John &
Annie H. Fowle, Roland N. & Margaret S. Hayes, Patrick J. &
Alice Furdon, Gaetano & Audrey L. Bu.ttaro, Roman Catholic
Archbishop of Boston, 0/0 Rev. Wm. J. Desmond, John L. &
Bertha V. Pichette, Melitta M. W. Hall, Stephen H. &
Evelyn G. Broughall, A. George & Katherine E. Mahoney,
James & Martha Holt, Paul B. Blanshard & Irving H. Mabee,
George Sweetland, Alice G. Marshall, Vernon G. & Florence
H. Page, Lois A. Howland, Ella M. Fletcher, Anna F. Kenney,
Nora J. Harrington, Henry F. & Leona H. Peabody, Aina W.
Chapman, Harry & Bertha G. Hanson, William D. & Marguerite P.
Adair, William E. & Emily Brows, Richard P. & Eulah M. Cassidy,
Thomas & Honora Sullivan, William F. & Alice M. Fletcher,
Fanny P. Crown, Edward W. McNamara, Anastatia A. Walsh,
Lillian D. Parks, Clifton B. Daniels and also advertised in
the Lexington Minute -Man on February 20, 1947, a notice of
which the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
N 0 T I C E
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning By-law upon
petition of Clifton B. Daniels for permission to sub-
divide a parcel of land located at 881 - 883 Massachusetts
Avenue, Lexington as shown on a plan of land of E. Wilson at
Lexington dated May 1803 by F. P. Cutter, C.E., on file in
the office of the Town Engineer, (and now owned by Clifton
B. and Florence M. Daniels), for building lots which will
not have the required frontage, under the Lexington Zoning
By-law and in accordance with General Laws, Chapter 40, Sections
25 to 30A as amended.
The hearing will be held on March 7, 1947 at 8:30
p.m.p.m. in the Selectments Room, Town Office Building, Lex-
ington, Mass.
ERROL H. LOCKE
Chairman, Board of Appeals
1
284 x
February 18, 1947 '
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 30A as amended, to vary the application
of section 9b of the Lexington Zoning By-law with respect
to the premises at No. 881-883 Massachusetts Avenue, owned
by Clifton B. & Florence M. Daniels of Lexington by
permitting the following: Sub -division of a parcel of land
for building lots which will not have the required front-
age.
Clifton B. Daniels
881 Mass. Avenue
Lexington, Mass.
. The Board then considered the application of
Everett Kourian. Upon motion of Mr. Redman, seconded '
by Mr. Ballard, it was unanimously voted that the
application of Mr. Kourian be granted in the following
form;
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington
Zoning By-Lawand General Laws, -Chapter 40, Sections 25
to 30A as amended, having received a written petition
addressed to it by Everett Kourian, 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 there-
by 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
seventh day of March, 1947.
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 Everett Kourian requested permission to operate a.
saw -mill on the premises located at 109 Grove Street, ,
Lexington. Mr. Kourian stated that his nephew, Donald
Kourian, wished to saw lumber, and further more, to do
285:
custom sawing of lumber for others. He stated that
only a small amount of lumber and logs would be stored on
the premises; that not•more than two persons would be em-
ployed; that the mill would be operated only at odd times.
No-one appeared in opposition.
At the close of the hearing the Board in private
session on March 73, 1947, gave consideration to the sub-
ject 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
impact 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 pro-
visions 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 unsn
imously decides that the application of the Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit Everett Kourien to operate a saw -mill located
at 109 Grove Street, Lexington subject to the following
conditions; That the mill would not be operated beyond
March 15, 1948; that the material and the sawdust shall be
so disposed of that a fire hazard will not be created.
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 hereinb6fore
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.
286 X
BOARD OF APPEALS OF LEXTINGTON I (Acting under the Lexington Zoning
By-law and General Laws)
/s/ Errol H. Locke
Aiden L. Ripk y
Lester T. Redman
Walter C. Ballard
D. E. Nickerson
I, Virginia B. Tarbell, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 403,
Section 27, hereby certify that I sent by postage cer-
tificate of mailing on the twentieth day of February
1947, to Everett Kourian, Lois W. Chandler, Royal D.
Chandler, Paul C. & Gladys E. Folsomt Burton W. & Mary
D. Hill, Andrew Hammond, George J. & Sadie D. Wilkite,
Lawrence H. & Wanda Witherell, Charles E. Ferguson,
William G. Potter, Neil McIntosh and also advertised in
the Lexington Minute -Man on February 20, 1947, arnbtice
of which the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
N 0 T I C E
February 20, 1947
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning By-law
upon petition of Everett Kourian for permission to
operate a saw -mill on the premises located at 109 Grove
Street, Lexington, under the Lexington Zoning By-law
and in accordance with General Laws, Chapter 40, Sections
25 to 30A as amended.
The hearing will be held on March 7, 1947, at 8;45
p.m* in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
ERROL H. LOCKE
Chairman, Board of Appeals
February 12, 1947
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen;
The undersigned hereby petitions the Lexington Board
u
1
M 0 -
of Appeals, appointed under General Laws, Chapter 40,
Sections 25 to 30A as amended, to vary the application
of section 6d of the Lexington Zoning By-law with respect
to the premises at No. 109 Grove Street, owned by Everett
Kourian of Lexington by permitting the following; To operate
a small saw mill.
Everett Kourian
109 Grove Street
Lexington, Mass,
The Board then considered the application of John
Bieren. Upon motion of Mr. Redman, seconded by Mr. Ballard,
it was unanimously voted that the application of Mr.
Bieren be granted 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 30A as
amended, having received a written petition addressed to it
by John Bieren,
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 affect-
ed 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 Select-
men's Room, in the Town Office Building on the seventh day
of March, 1947.
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
John Bieren requested permission to erect a three- gar
garage to accommodate trucks and/or pleasure car on the
premises located at 328 Bedford Street, Lexington. He stated
that he now owned one truck, but expected to garage a second
truck on the premises. He further stated that no materials
would be stored or handled on the premises in connection ti th
the use of his trucks.
No-one appeared in opposition.
At the close of the hearing the Board in private session
on March 7, 1947, gave consideration to the subject of the
petition and voted unanimously in favor of the following find-
ings:
ind-
ings;
288 0
a
1. That in its judgment the public convenience ,
awd 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 litbral enforcement
of the provisions of the Lexington Zoning By-law as to
the locus in question would involve substantial hard-
ship 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 Jo)n Bieren to erect a three -car garage to
accommodate trucks and/or pleasure car on the premises '
located at 328 Bedford Street, 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 open to public inspection and that notice of the
decision shall be mailed f orth*ith to each party in
interest.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington
Zoning By-law and General Laws)
/s/ Errol H. Locke
Aiden L. Ripley
D. E. Nickerson
Walter C. Ballard '
Lester T. Redman
'
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 the twentieth day of
February 1947 to Harriette W. Smith, William D. & Alice
P. Hagerty, Daniel H. & Beatrice H. Freeman, Peter B.
Jr. & Laura E. Whittemore, Charles H. & Ella G. Callahan,
Raynard G. & Edith A. Brooks, Alice Shannon, Joseph A.
& Mary J. Lincoln, Otto B. & Elsie K. Hanson, Russell
S. & Beulah P. Davenport, Melissa R. , J3ht5soh, Rebecca F.
LeGoff, Fannie H. Harvey, John A. & Evelyn C. MacDonald,
Nellie T. Bossom, Ralpt. G. & Ruth J. Bartlett, James E.
& Alice B. Mee, John W. & Ethel A. Brenton, Anita Saunders,
Dennis J, & Annie J. Kelley, John Bieren and -also advertised
in the Lexington Minute -Man on February 20, 1947, a notice
of which the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals.
N O T I C E
' February 20, 1947
The Board of Appeals will hold a hearing on the matter
of v.-.rying the application of the Zoning By-law upon
petition of John Bieren for permission to erect a three -
car garage to accommodate trucks and/or pleasure car on the
premises located at 328 Bedford Street, Lexington, owned
by said petitioner, under the Lexington Zoning By-law
and in accordance with General Laws, Chapter 40, Sections
29 to 30A as amended.
The hearing will be held on March 7, 1947 at 9;00 p.m.
in the Selectmen's Room, Town Office Building, Lexington,
Mass.
ERROL H. LOCKE
Chairman, Board of Appeals
February 19, 1947
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 30A as amended, to vary the application of section 6a of
290 00
Cn
tEe Lexington Zoning By-law with respect to the '
premises at No. 328 Bedford Street, owned by John Bieren
of Lexington by permitting the following; Erection of
a three car garage to accommodate trucks and/or pleasure
car on the premises located at 328 Bedford Street
owned by said petitioner.
John Bieren
328 Bedford Street
Lexington, Mass.
The minutes of the meetings of December 27, 1946,
January 24, 1947, February 7, 1947 and February 14, 1947
were declared approved.
The meeting adjourned at 11;20 P.M.
A true record, Attest;
Clerk, Board of Appeals.