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HomeMy WebLinkAbout1947-03-07BOARD OF APPEALS MEETING I 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. 1 270 OC a a 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. ' 271 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. 272' 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 273 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. 274: 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. ' 275 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; X a a 1 D 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. 1 282 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.