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HomeMy WebLinkAbout1947-03-281 BOARD OF APPEALS MEETING March 285, 1947 A meeting of the Board of Appeals teas held in the Selectmen's Room, Town Office Building, on Friday evening, March 28, 1947, at 8,00 P.M. Chairman Locke, Mr. Nicker- son and Associate Members Ballard, Lynah and Ripley were present at the hearing. The Clerk was'I-also present. At 8;06 P.M. hearing was declared open upon the petition of Frederic R. Childs for permission to erect an additional sign on the present building located at 409 Massachusetts Avenue. Notice of the hearing was read by Mr. Nickerson. The petitioner was the only person present. Notices of the hear- ing have been mailed to the ownera of all property deemed by the Board to be affected thereby, as they appear on the most recent tax list. The petitioner presented a sketch of what he proposed to do. The sign would be on the south side of the building ( towards Arlington Heights). The letters will be one foot high - made up of the words Frederic R. Childs; eight inch letters for the words Cars and Trucks. The purpose of this sign is to call to the attention of the people coming down Massachusetts Avenue from the Heights that there is a business there. There is one sign on the building now over the main doorway - about tha feet long. 5.. Mr. Locke; There is one sign Ford sign? over the main door, and one Mr. Childs; That is correct. Mr. Locke asked how far the building was set back from the street. Mr. Childs said about twenty feet from the sidewalk. Mr. Locke; What type of sign do you intend to put up? Mr. Childs; It will have raised letters. The letters are individually out out - white letters on the red brick wall. Mr. Nickerson asked the petitioner the reason for this type of sign. Mr. Childs stated that he was trying to let the public know that card and trucks were sold there. Mr. Locke asked if this was the side that faced the gasoline station. The petitioner answered in the affirmative. Mr. Ripley asked if there was anything on that side now. Mr. Childs answered no. 0 5 ' Mr. Ripley asked the side of the sign. The petitioner stated that it would be approximately thirty feet. The hearing was declared closed at 8:15 P.M. At 8:20 P.M., hearing was declared open upon the petition of Ernest DeVincent for permission to erect and maintain a farm roadside stand on his premises located on Pleasant Street. Notice of the hearing was read by Mr. Ballard. There were thriee 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, t.hey'appear on the most recent tax list. The petitioner stated that they had a small stand now but need a larger one due to increased business. They would.like to use the present building for washing and packing vegetables. Mr. Locke: you intend to erect a new and larger building? Mr. DeVincent: Yes; the building would be seventy feet from the cement road with a twenty foot set -back from the street line. Mr. Locke; This building would be 30 x 18 &id extend back on the longest side about f ourty feet. Mr. DeVincent; Yes. Mr. Locke; No approach from the Pike? Mr. DeVincent: No approach from the Pike at all. Mr. Locke: How mahy years have you been operating a roadside stand? , Mr. DeVincent; Since 1940. Mr. DeVincent; There is plenty of land to keep the cars off the road. Mr. Locke: What hours would you operate the retail portion of the stand? Mr. DeVincent: Noon until dark, depending upon the time of year. Mr. Locke: Seven days a week? 3 Mr. DeVincent; That is right. Mr. Locke; How about siggs? Mr. DeVincent; They would like just one small one along the top of the building for name purposes only. Mr. Locke; How large a sign? Mr. DeVincent; It would read "Meadow Farms". Mr. Locke; How about lighting of the premises? Mr. DeVincent; They have not considered that as yet. They would not want any more light than to let the public know they are there. Mr. Locke; What work would you do in the wash -room. Mr. DeVincent; They plan to wash and pack vegetables; they intend to do considerable farming. Mr. Locke_ Will you sell only produce of your land? Mr. DeVincent; yes. Mr. Locke; What construction would be used in this buildingt Mr. DeVincent; They would use concrete blocks for the found- ation. Mr. Nickerson asked about the awning as shown on the sketch oil the stand. Mr. Lewis, representing 5eilers, organization, stated that they have no objections so long as it is a neat looking building. Mr. R. J. Murphy, representing the present owners of the Lexington Golf Course, said they had no objections to the stand so long as it is a nice looking building. Mr. Ballard asked if it were possible to set the building back a little farther. Mr. DeVincent said he thought that there rocas adequate room for parking. However, he would be willing to set the building back another then feet. Mr. Nickerson said he thought the building should be moved back farther. The trade will come off the highway and then go back onto it a bit easier this way. Mr. DeVincent asked if another then feet would be sufficient. The Board seemed to feel that this would be more advisable. The hearing was declared closed at 8;45 p.m. The Board considered the application of Mr. Frederic Childs. Upon motion of Mr. Lynah, seconded by Mr. Nickerson, it was unan- imously voted that the application be granted in the following form; 4a BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 400 Sections 25 to 30A as amended, having received a written petition addressed to it by Frederic R. Childs a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, a newspaper published in Lexington which hearing was held in the Selectmen's Room, in the Town tffice Building on the twenty-eighth day of March, 1947. Two regular and three 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 shows That he wished to erect a sign to be placed on the southeasterly wall of the building located at 409 Massachusetts Avenue, Lexington, consisting of the words Frederic R. Childs made up of letters attached to the building twelve inches (12") high, painted white, and also the words Cars and Trucks before and after the name, consisting of similar letters eight inches (811) high. He stated that he believed this sign would cover a distance of approximately thrity (30) feet. No-one appeared in opposition. At the close of the hearing the Board in private session on March 28, 1947 gave consideration to the subject of.the petition and voted unanimously in favor of the following findings: I. That in its judgment the public convenience and welfare will be substantially served by the making of the exception re- quested. 2. That the the status of the 3. That the general purposes Zoning By-lawe exception requested will not tend to impair neighborhood,o exception requested will be in harmony with the and intent of the regulations in the Lexington 4b ..2- 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is locatedo a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Frederic R. Childs to erect and maintain a sign on the south- easterly side of the existing building substantially asdescribed above. The Board hereby makes a detailed record of all its'pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, includ- ing that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspectiono;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/ D. E. Nickerson Aiden L. Ripley Thomas J. Lynah Walter C. Ballard Errol H. Locke 4c 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 thirteenth day of March 1947 to Frederic R. Childs, Charles & Martha G. Bamberg, Peter J. & Anna C. McDonagh, Dennis C. DaRu, Enilio L. DaRu, Manuel J. Arida, Eugene P. & Patricia McCarthy, Joseph E. & Mary C. Casey, Mariano Zarella, John A. & Phyllis K. ,Russell, Ragnhild S. Garfield, Miriam H. O'Neil, Anthony R. Cataldo, Edith M. White, Walter P. & Mary M. Caprio, Francis 0. & Margaret G. Elderd, Boston & Maine Railroad, John L. & Winifred L. Woodbury, Dominic & Bernice Varello, Stephen J. Dolan, Pauline H. Clare, Ilda Forbush, Theresa B. Cummings, Justin L. Shea, Dorothy M. Hadley, Frank RHad1ey, and also advertised in the Lexington Minute Man on March 13, 1947, a notice of ah ich the following is a tfhxe copy. /$/ Virginia B. Tarbell Clerk, Board of Appeals N0TT�I CE March 13, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law upon petition of Frederic R. Childs for permission to erect an additions sign on the present building located at 409 Massachusetts Avenue, Lexington owned by the Estate of Calvin W. Childs, under the Lexington Zoninb By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held on March 28, 1947 at 8;00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. ERROL H. LOCEE Chairman, Board of Appeals. February 27, 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 of the Lexington Zoning By-law with respect to the premises at No. 409 Massachusetts Avenue, owned by Estate of Calvin W. Child's by permitting the following; Two signs on one building. Frederic A. Childs 27 York Street Lexington, Mass. The Board then considered the application of Ernest DeFincent. Upon motion of Mr. Nickerson, Seconded by Mr. Ballard, it was unanimously voted that the application be granted in the following form; [J BOARD OF APPEALS PERMIT '!fie Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 400`Sections 25 to 30A as amended, having received a written petition addressed to it by Ernest Deyincent a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, a newspaper published in Lexington which hearing was held in the Selectmen's Room, in the Town affice Building on the twenty-eighth day of March, 1947 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 shown That Ernest DeVincent wished to erect and maintain a roadside stand on his property on Pleasant Stbeet, Lexington. He stated that the building would front on Pleasant Street at the westerly corner of the Cambridge -Concord Turnpike and Pleasant Street; that the building would be of one story YD od construction above the ground level with a concrete block foundation and basement; the basement to be used for the washing and packing of produce grown upon his own land in Lexington, and the building at ground level to be used for the sale of produce likewise grown upon his low land. He stated that the building would be L-shpped thl*ty (30) feet wide on the front and extending back forty (401 feet, that the back corner of the building would be approximately seventy (70) feet from the Concord Turnpike; entrances and exits to and from the building would be from Pleasant Street, only, not from the Cambridge -Concord Turnpike. He stated that he was willing to set the building back thirty (30) feet from the street line of Pleasant Street; that he wished to erect a small sign on the building; that the stand would be operated from Noon until dark At the close of the hearingthe Board in (over) private session on March 28, 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 re. quested. 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. seven (7) days a week-, also that he would provide su$f'icient parking area on the premises so that ears would not be parked on Peasant Street. No-one appeared in opposition. r 4e ..2� 4, That owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Ernest DeVincent to erect and maintain a roadside stand on his property on Pleasant Street, Lexington for the washing, packing and sale of produce and fruit grown on his premises in �,exington, subject to the follow- ing conditions; That the building shall be set back not less than thirty (30) feet from the Street line of Pleasant Street; that sufficient parking area shall be provided on the premises so that it will not be necessary to park automobiles on Pleasant Street; that there shall be no flood lighting of the premises; that one sign shall not project more than twelve (12) inches above the eaves; that the rear of the building skull not be less than seventy (70) feet from the Cambridge -Concord Turnpike; that the premises shall be kept in a neat and orderly condition at all times, and that the Permit shall expire April 1 1949, The Board hereby makes a•detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, includ- ing that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of ,Lexington and shall be open to public inspectiono;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) /sf Errol H. Locke Aiden L. Ripley Thomas G. Lynah Walter C. Ballard D. E. Nickerson 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 thirteenth day of March 1947 to Ernest DeVincent, Seiler Industrial Caterers Inc., Pasquale Iozzo, Henry S. Moody Tr., 8nd also advertised in the Lexington Minute Man on March 13, 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 March 13. 1947 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 Ernest DeVincent and located on Pleasant Street, Lexington, the erection and maintenance of a farm roadside stand, under the Lex- ington Zoning By-law and in accordance with General Laws, Chapter 401, Sections 25 to 30A as amended. The hearing will be held on March 28, 1947, at 8;15 P.M. in the Selectmen's Room, Town Office Build- ing, Lexington, Mass. ERROL H. LOCKE Chairman, Board of Appeals March 41 1947. Lexington Board of Zoning Appeals Town Office Building Lexing$on, Massachusetts t. 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 9f of the Lexington Zoning By-law with respect to the premises owned by E. DeVincent at Pleasant Street, Lexington by permitting the following.. The erection of a farm roadside stand on E. DeVineent's property at Pleasant St., Lexington, Ernest De Vincent 78 .Concord Avenue Lexington, Mass. The meeting adjourned at 9;50 P.M, A true recon], Attest; Clerk, Board of Appeals.