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HomeMy WebLinkAbout1947-05-22 29 BOARD OF APPEALS MEETING May 22, 1947 A meeting of theBoard of Appeals was held in the Selectmen' s Room, Town Office Building on May 22, 1947. Chairman Locke, Mr. Redman, Mr. Brown, Mr. Nickerson and Associate Member Ripley were present. At 8 :00 P.M., hearing was declared open upon the petition of Gail W. Smith , tor permission to use the exist- ing building located at 238 Wood Street, for use for educational purposes, including research, by the Massachusetts Institute of Technology. Notice of the hearing was read by Mr. Brown. There were ten persons present. 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. Smith read the following statement: My name is Gail W. Smith, Wood Street, Lexington. I have a statement which I shall read and which I should like to have made a part of the Board' s action in this matter. My wife, Helen M. Smith, and I, co-owners of the land and buildings at 238 Wood Street, Lexington, Massachusetts, and Massachusetts Institute of Technology, of Cambridge, Massa- chusetts, have jointly petitioned the Boardof Appeal for per- mission for Massachusetts Institute of Technology to use such land and buildings for educational purposes and Lexingtoh- Bedford line and consists of about forty-five acres. On the high point of the land are the buildings which were constructed by the United Stated during the recent war for radar work. M.I.T. has entered into a purchase agreement with Mrs. Smith and myself whereby M. I. T. agrees to pur- chase outright the premises from us subject to the proviso that we are able first to obtain the necessary permission from the Board of Appeals. There are two buildings on thistract of land: 1. The small so-called "Diesel Building", which consists of a single large room and was designed to house a Diesel power unit for use in the event of a power failure. 2. The large building which is approximately 751 by 1151 and which was to be used by the Government for radar work. Both buildings are of brick and concrete construction, and I understand represent the very best in type A ome first-class construction. This building has a total of fifty rooms. Neither building has any windows . I believe Mr. Locke has examined the premises and is familiar with them. I do not think that I need to go into all the many efforts which I have made to try to find a use for these buildings which would be acceptable to the town. I believe that some of my efforts are well known to the Board. I do feel, however, that the town should permit me to make some reasonable use or disposition of these buildings which are already in existence at the present time. I also feel that the proposed purchase and use of the buildings by Massachusetts Institute of Technology should not be object- ionable to anyone, but rather should be welcomed by the town, and furthermore, that the use by M.I.T. falls squarely within the permitted uses noted in section 6 (b ) of the Lexington Zoning Law, namely, use by "public and private schools" . Now, I would like to present the representative of Massachusetts Institute of Technology, who will make a statement concerning the proposed use of the property in the event a permit is granted. Professor M. M. Hubbard of M.I.T. also read the follow- ing statement: Purposes I 1. To provide laboratory space and facilities far graduate students, faculty, and staff in a quiet area away from the campus. 2. To provide an area electrically quiet for research requiring extremely delicate techniques. Mechanidal and electrical disturbances (passing trucks , trains, electrical noise ) make this work difficult or impossible in Cambridge. Details To conduct conferences of M. I. T. and visiting scientific personnel in physics and electronics, with possible future establishment of seminars, colliquia, and graduate courses. I 31 To provide space and facilities for thesis work og graduate students and possibly undergraduates . To provide a location electrically quiet to permit continnnus, recording of cosmic-ray data. In investigating certain natural corm&c-ray phenomena, occurrences are so infrequent that equipment must be in operation continuously for weeks on end without external mechanical or electrical disturbances . This is impossible on the present M. I. T. campus. To measure magnetic resonances of molecules at high magnetic field intensities and extremely low temperatures. To provide a new electrostatic belt-type generator for the precise determination of physical constants. It will not include any industrial research or develop- ment . It will include no manufacturing. It will not involve explosive material of any kind. While some equipment to be installed is heavy (batteries, relay racks, magnets, etc. ) , it is not anticipated that much trucking of materials will be involved. personnel and Hours present plans foresee a possible future staff at any one time of 50 persons on the site. Their normal hours would be 8:30 A .M. to 5:30 P.M. , although individuals may at times remain all night to complete experiments. We expect to main- tain cots for such personnel. We expect to secure a caretaker for 24-hour supervision of the premises. Construction As soon as Federal building regulations allow and necessary permits can be obtained, we expect to erect a six-room cottage for a caretaker. This would be located within one hundred to two hundred yards of the large building. We will also wish to make interior partition changes . Naturally we will have to rearrange electrical wiring as labor- atory equipment is devised. A supporting structure for the belt- type generator will be designed. No more detailed plans have been prepared. Mr. Locke: You are taking the entire property as one tract? Mr. Smith: Yes, that is right. Mr. Locke: You are reserving no part of it? 32 Mr. Smith: No, Sir. Mr. Locke: Do you see any substantial changes in the present structure of the building? Prof. Hubbard: We may put ih some windows on one side of the building, that is debatable. Some of our professors are slightly claustrophobic and have said that they will have to have windows. This is something we will have to go into. Mr. Locke : It is Safe to say there will be nocchanges in the outside walls except for windows and the possibility of the arrangement of a new front door or something of that kinj. Prof. Hubbard: It is entirely possible that to move some equipment in we might have to make temporary changes. It is possible that we might ask to create some means of getting an exit or entrance. Mr. Locke If this were granted, I see no possible difficulty about getting any changes such as you outline. At this stage of it, you believe there would be no other buildings required except the possible building for the caretaker. Prof. Hubbard : I am quite sure we don't see any other buildings right now. We may wish to add other build- ings on the side later on - otherwise we wouldn' t be interested in such a large area. Mr. Locke : Whatever you might construct would not be of an industrial nature. prof. Hubbard : That is right. Mr. Locke : This is entirely an M.I.T. undertaking. Prof. Hubbard: Entirely M.I.T. Mr. Locke: At this stage of it, I see no question about a six-room cottage going in there. You have plenty of frontage on Wood Street. I should not expect that there would be any question of building a cottage there. What town facilities might be regiiired? Prof. Hubbard: I can't think of anything. We under- stand they have their own sewerageddisposal unit. U 33 Mr. Locke: You know that the entering street is a private way? Prof. Hubbard: We understand that. Mr. Locke ; What advantages might the town gain in an undertaking of this kind? Mr. Ford: There certainly would be no disadvantages to the town. Prof. Hubbard : It is quite possible that some of our personnel might choose to live near this site rather than to seek living quarters in some other suburb. Mr. Locke : Much of the work carried on is of a continuing nature and the staff will not change much. Prof. Hubbard: That is right . Mr. Brown: You mentioned a staff of Instructors. Just how many do you mean? Prof. Hubbard : To give figures on this would be a little hard at this time. There might be in the future about 50 people. 6 to 10 might be faculty members, another 20, graduate students; the balance undergraduates and part-time undergraduate helpers such as technicians, and machinists. We would not want to guarantee these figures. The first project we have in mind that might go out there would take about 6 persons. As it is now in Cambridge, they can only operate from 2 to 4 A.M. when there are no disturbances of any kind. Mr. Brown: Any use for gas? Prof. Hubbard: as would be useful to us, but we did not realize gas would be available. It has not been included in any planning. Mr. Ripley: As far as you know right now, the staff and students would be coming out from Cambridge and going back. Prof. Hubbard: That is right. We would not expect them to live on the site. One or two persons might find it necessary to spend the night there to finish an experiment, in which case, cots would be provided. Generally speaking, they would return to their own homes. Some of the faculty members might arrange their classes in such a manner so that they might have two or three full days there. Part of their educational duties deal with the training of men. They are coming out here to get a quiet spot. There will be no manufacturing or production at all. 34 Mr. Nickerson: Any noise connected with your work? Prof. Hubbard: I won' t say thatduring the period in which the equipment is being installed there won't be a normal construction racket, but this of course, will only be temporary. Other than this, there will be no noise. Mr. Nickerson: No odors? Prof. Hubbard: No. Miss Syer, 215 Wood Street, stated that she lives opposite this site . She was very disappointed that the other project did not go through and would like very much to see this one go through. She feels that it would be a held to the community. Mr. Smith would not put any- thing upon them that would be detrimental. Mr. August Schumacher, 148 Wood Street, stated that he was in favor of the project. This is avery fine organization going out there to do the work and he feels that the town should be proud that we are going to have such an Institution in our midst. The hearing was declared closed at 8:25 P.M. At 8:45 P.M. , hearing was declared open upon the petition of Russell Davenport for permission to erect a boiler house on the premises located at 482 Bedford Street. Notice of the hearing was read by Mr. Redman. The petitioner was the only person present. 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. Davenport stated that he wished permission it to erect a new boiler house. Mr. Locke : According to the plans it is going to be built on the same foundations as the present boiler house, but will be extended 13 1/2 feet out towards Bed- ford Street. Mr. Davenport : That is correct. Mr. Locke : What will be the construction? Mr. Davenport : Cinder block and concrete. Mr. Locke : The old ch±mney is coming down? L. — — Mr. Davenport: Yes, I already have a building permit 111 for the new one. Mr. Ripley: How near the street is the present boiler house? Mr. Davenport: About fifty feet. The new boiler house will only be about four or five feet higher than the present one. The hearing was declared closed at 8:53 P.M. The Board considered the application of Russell Davenport. Upon motion of Mr. Brown, seconded by Mr. Ripley, it was unamiously voted that the application be granted in the following form: I 36 a 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 Russell S. Davenport a copy of which is hereto annexed, held a publid 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 Lexingtoni which hearing was held in the Selectmen' s Room, in the Town Office Building on the twenty-second day of May, 1947. Four regular and one 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 Russell S. Davenport requested permission to erect a boiler house replacing the present boiler house on the premises located at 482 Bedford Street, Lex- ington, owned by him. He stated that the new building would be built on the same foundations with the exception of an extension on the Bedford Street end of the building approximately 27' - 4" by 13 ' - 6". He stated that the wall nearest Bedford Street would be set back between fifty and sixty feet. Construction would be of concrete and cinder block construction. No one apyeared in opposition to the granting of the petition. At the close of the hearing the Board in private session on May 22, 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 Bylaw. 36 b -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 Russell S. Davenport to erect and maintain a boiler house on the premises located at 482 Bedford Street , Lexington. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, includ- ing that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection, and that notice of the decision shall be mailed 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 Lester T. Redman ( over ) D. E. Nickerson Aiden L. Ripley J. Milton Brown 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 eighth day of May 1947, 111 to Russell S. Davenport, G. 0. Anderson & Sons , Inc. , Chester L. & Kathryn K. Blakely, Lexington Sand & Gravel Co. , and also advertised in the Lexington Minute - Man on May 8, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Bord of Appeals. NOTICE May 8, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-Law upon petition of Russell S. Davenport for permission to erect a boiler house on the premises located at 482 Bedford Street, Lexington, owned by Russell S. and Beulah P. Davenport, 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 May 22, 1947 at 8:45 P.M. in the Selectmen' s Room, Town Office Building, Lexington. ERAS L H. LOCM Chairman, Board of Appeals . May 6, 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 the Lexington Zoning By-law with respect to the premises at No, 482 Bedford Street, owned by Russell S. and Bealah P. Davenport of Lexington by permitting the following: Boiler House. Russell Davenport 482 Bedford Street Lexington, Mass. 37 At 9:00 p.M. , hearing was declared open upon the petition of John Ferrazzani for permission to erect and maintain a roadside stand on the premises located at 673 Waltham Street. Notice of the hearing was read by Mr. Brown. The petitioner was the only person present at the 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. Ferrazzani stated that they had always had a mall road-side stand on their property. At the present time it is not good looking. He has taken an interest in it and wants to tear down a part of the barn and build a shelter out from the barn towards the street. This would give more driveway room and would make the place look much better. Mr. Locke : How large would the shelter be - just a supporting roof? Mr. Ferrazzani : The shelter would be about eight f eet out from the barn and th whole length of the barn. It would be about twenty-five feet . IL Mr. Locke ; How far back from the street? Mr. Ferrazzani: It is well over twenty feet - probably about twenty-five feet or so. Mr. Locke : The front of the shelter would be at least twenty-five feet back:.off the road? Mr. Ferrazzani: Yes. Mr. Locke : You will sell only produce from the farm? Mr. Ferrazzani: Yes, fresh vegetables et cetera. Mr. Locke: How large a sign would you want? Mr. Ferrazzani ; Not a large one. Three square feet would be sufficient. Mr. Locke: What hours would you operate the stand? Mr. Ferrazzani : Mostly in the afternoon and early evening; Saturdays and Sundays - not later than 9 :00 P.M. Mr. Locke : You would like permission to run the stand seven day a week? Mr. Ferrazzani : Yes. 38 Mr. Locke : Any special lighting. - floor lighting of any kind? Mr. Ferrazzani; Just enough to light the stand. Mr. Bloke ; The area between the shelter and the road is igufficient enough for automobiles to get off the high- way? Mr. Ferrazzani: Yes. That is why I want to tear down a small section of the barn - it will give more room. Mr. Locke: You understand that this permit can be issued for only a year? Mr. Ferrazzani : Yes. Mr. Ripley: The parking space that you speak of which is about twenty feet deep - is that from the sidewalk line or the street line? Mr. Ferrazzani: There never was any sidewalk? Mr. Ripley: No sidewalk? Mr. Ferrazzani : No. I Mr. Ripley: The parking area then is about twenty feet deep. Mr. Ferrazzani: Yes. The hearing was declared closed at 9:10 P.M. The Board then considered the application of John Ferrazzani. Upon motion of Mr. Redman, seconded by Mr. Brown, it was unanimously voted that the application be granted in the following form: I BOARD OF APPEALS PERMIT The Board of Apneals, 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 Ferrazzani 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 Office Building on the twenty-second day of May, 1947. Four regular and one 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 John Ferrazzani requested permission to erect and mAinbain a roadside stand on the premises at 673 Waltham Street owned by Luigi Ferrazzani. He stated that the existing stand would be removed, as well as a portion of the front III of the barn, and that he intended to erect a nde shelter type structure approximately eoght (8) feet by twenty-five (25 ) feet across the front of the existing barn. He stated that this stand would be set back at least twenty-five (25 ) feet from Waltham Street; that he wished to operate the stand seven days a week until 9:00 P.M. each day; that no large signs will be erected, no flood light- ing would be used, and that the area provided sufficient space for the parking of automobiles off the highway. No one appeared in opposition At the close of the hearing the Board in private session on gave consideration to the subject of the petition andvoted 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 111 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. r .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 John Ferrazzani to erect and maintain a roadside stand on the premises owned by Luigi Ferrazzani at 673 Waltham Street, Lexington, a structure approximately eight (8) feet by twenty-five (25 ) feet extending along the front of the barn subject to the following conditions; That no signs in excess of six (6 ) square feet shall be erected; that there shall be no flood lighting of the premises; that ill provision shall be made for the parking of automobiles off the highway, that the premises shall be kept in a neat and orderly condition, and that the permit shall expire May 22, 1948. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, includ- ing that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection, and that notice of the decision shall be mailed 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 Lester T. Redman ( over) Aiden L. Ripley J. Milton Brown I, Virginia B. Taibell, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage cer- tificate of mailing on the eighth day of May 1947 to Luigi Ferrazzani, Antoinette, Louis, & Joseph Ricci, Mrs. Mary S. Condinho, Andrew S. Domings Trustee, Olive R. Faris, James Lima, M. Joseph, Lawrence M. & P. Edward Carroll, Augusta J. & Lillian F. Silva, Annie T. , Letitia and Mary F. Carroll, Marie G. Rose, Henning W. Swenson, and also advertised in the Lexington Minute Man on May 8, 1947, a notice of whiclx the following is\a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals. NOTICE May 8, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zmning By-law by permitting on the premises owned by Luigi Ferrazzani, and located at 673 Waltham Street, Lex- ington, the erection and maintenance of a roadside stand for the sale of produce, under the Lexington Zoning11/ By - law and in accordance with GeneralL aws Chapter 40, Sections 25 to 30A as amended. p The hearing will be held on May 22, 1947 at 9:00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. ERROL H. LO(;t Chairman, Board of Appeals. May 7, 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 emended, to vary the application of section 9f of the Lexington Zoning By-law with respect to the premises at No. 673 Waltham Street, owned by Luigi Ferrazzani of Lexington by permitting the following: Erect and maintain a roadside stand. John Ferrazzani 673 Waltham Street Lexington, Mass. 39 At 9:16 P .M. , hearing was declared open upon the petition of Robert Dicey for permission to alter the dwelling located at 83 Cary Avenue to accommodate two families. Notice of the hearing was read by Mr. Redman. The petitioner was the only person present. Notices of the hear- ing 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. Dicey stated that he had about sixteen rooms and he would like primarily to finish off an apartment for his mother and father who eventually will come to live with him. This house has been used before for two families. Mr. Dicey wants to make a separate front entrance and to put in a bathroom. The four rooms which he will use for this apartment are not in use at all now. Mr. Locke: Is this building one of the group of old buildings that were used in connection with the operation of the farm? Mr. Dicey: At one time it was used as a home for the foreman of the old Cary estate. It sets back off the road about 200 yards from Cary Avenue. Mr. Dicey also stated that he has nine acres of land with 166 feet of frontage on Cary Avenue. Mr. Locke : You say that you have a sixteen room house? Mr. Dicey: Yes. Mr. Locke : A two-story building? Mr. Dicey: Two stories. Mr. Locke: How many rooms are being used at the present time? Mr. Dicey: Seven rooms. There is a main house and an El. Mr. Redman: Was this El built at the same time as the main house? Mr. Dicey: I think it was. Mr. Locke : What changes would you need to make. Mr. Dicey: Front entrance to the upstairs apartment. Mr. Locke : The front entrance would be on this El? 40 Mr. Dicey: Yes. Also I would put bathroom facilities in. The back stairs are already in. Mr. Locke; You say your family are coming to live with you? Mr . Dicey; They are both over seventy and plan to come to live with me later on. When they do come, I would like to have them live by themselves. However, in the meantime, because there are so many people ldoking for a place to live, I would rent the apartment. Mr. Locke; Often times we place restrictions on a permit of this kind - for instance, if this were granted, it would be only for so long as you occupied the property. Mr. Dicey: That is all right with me. I merely want to have the rooms finished off for my family. Mr. Brown; There is a back stairway? Mr. Dicey; Yes, there is one there. Mr. Locke; It has been used as a two-family house before? Mr. Dicey; Yes, some other family has been in there. There is a sink there, water connections and connections to the stove. Mr. Nickerson; You intend to rent this place until your family comes to live with you. Mr. Dicey; Yes, provided that it is agreeable with your Board. Mr. Locke; How long have you owned the property? Mr. Dicey; I bought it in 1943. The hearing was declared closed at 9;28 P .M. At 9;30 P.M., hearing was declared open upon the petition of Carl F. Sweeney for permission to build a house on a lot of land located at 47 Blossom Crest Road which will not have the required frontage or area. Notice of the hearing was read by Mr. Brown. There were six persons present. 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. 41 Mr. Sweeney stated that his land is at the corner of Blossom Crest Road and Blossom Street. Mr. Locke : What is the area of your land? Mr. Sweeney: Seventy-five foot frontage and one hundred fifty feet deep. Mr. Locke : Fart of this lot was taken for the highway. Who ownes the rest of the property? Mr. Sweeney: I believe the State does. Mr. Locke; You wish+ to erect another building on this lot? Mr. Sweeney: Yes, I would like to put up a four-room bungalow. Mr. Locke : How would they get out? Mr. Sweeney: They could use my driveway; theState has given us permission to go on to the Highway. Mr. Locke: The question comes on breaking up a lot which is supposed to have one hundred ftet of frontage by one hundred twenty-five feet deep. What is the size of your house. Mr. Sweeney: 28 x 30. Mr. Locke: This four room bungalow would be one story? Mr. Sweeney: That is right. Mr. Locke : Would you sell this land? Mr. Sweeney; No, this house is for my son-in-law and my daughter. Mr. Redman stated that Mr. Sweeney had less than 12,500 square feet in his thole lot. Mr. Fletcher, 46 Blossom Crest Road, stated that he was in favor of granting this petition. Mr. & Mrs. Ferreira, 806 Waltham Street, spoke in opposition to the granting of the petition. Mrs. Ferreira said she was quite sure that Mr. Shedd owned that small portion of Lot 34. They feel that there is not enough room to put another building on this lot. 'L .•.. 4:G Mr. John T. Smith (address unknown) spoke in opposition. Mr. Ripley: How near are you to Mr. Sweeney? Mr. Smith: I am in the same block. The hearing was declared closed at 9 :50 P.M. The Board considered the application of Gail. W. Smith. Upon motion of Mr. Nickerson, seconded by Mr. Brown, it was unanimously voted that the application be granted in the following form: II 42 a BOARD OF APPEALS PERMIT II/ The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to SOA as amended, having received a written petition addressed to it by Gail W. Smith 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 Office Building on theTwenty-second day of May, 1947. Four regular and one associate membered 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 Gail W. Smith requested permission to use the existing building located at 238 Wood Street, Lexington, owned by Gail W. and Helen M. Smith for use for edu- cational purposes, including research, by the Massachusetts Institute of Technology. Mr. Smith stated that he had entered into a purchase agreement with Massachusetts Institute of Technology for the entire tract of land comprising of approximately forty- five (45 ) acres, including the two existing buildings on this tract of land. Horace S. Ford, Treasurer of Massachusetts Institute of Technology, and Professor M. M. Hubbard stated that they proposed to maintain on the premises facilities "To provide laboratory space and facilities for graduate students, faculty, and staff in a quiet area away from the campus. To provide an area electrically quiet for research requiring extremely delicate techniques. Mechanical and electrical disturbanced (passing trucks, trains, electrical notte) make this work difficult or impossible in Cambridge. To conduct conferences of M. I. T. and visiting scientific personnel in physics and elec- tronics, with possible future establishment of seminars, colloquia, and graduate courses. To provide space and facilities for thesis (over At the close of the hearing the Board in private session on May 22, 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. 6�. work of graduate students and possibly undergraduates. To provide a location electrically quiet to permit continuous 11/ r4cording of cosmic-ray data. In investigating certain natural cosmic-ray phenomena, occurrences are so infrequent that equipment must be in operation continuously for weeks on end without external mechanical or electrical disturbances. This is impossible on the present M. I. T. campus. To measure magnetic resonances of molecules at high magnatic field intensities and extremely low temperatures. To provide a new electrostatic belt-type generator for the precise determination of physical constants. It will not include any industrial research or development. It will include no manu- facturing. It will not include storage of industrial materials. It will not involve explosives or explosive material of any 'kind. While some equipment to be installed is heavy (battbrtes, relay racks, magnets, etc. ) it is not anticipated that much trucking of materials will be involved. Present plans forsee a possible future staff at any one time of 50 persons on the site. Their normal hours would be $;30 A.M. to 5:30 P.M., although individuals may at times remain all night to complete experiments. We expect to maintain cots for such personnel. We expect to secure a caretaker for 24-hour supervision of the permises. As soon as Federal building regulations allow and necessary permits can be obtained, we expect to erect a six- room cottage for a caretaker . This would be located within one hundred to two hundred yards of the large building. 11/ We will also wish to make interior partition changes. Naturally we will have to rearrange electrical wiring as labor- atory equipment is devised. A supporting structure for the belt-type generator will be designed, No more detailed plans have been prepared." Mr. Ford further stated that Massa- chusetts Institute of Technology would be amenable to working out some financial arrangement with the Town in the form of contributions in lieu of taxes. Two persons ppoke in favor of the granting of the petition. No one appeared in opposition. 42 b 11/ .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 Massachusetts Institute of Technology to use the entire tract of land consisting of approximately forty-five (45 ) acres which they have agreed to purchase from Gail W. & Helen M. Smith for educational purposed, including research, subject to the following conditions : That the permitted use shall not include any industrial research or develop- ment; that there shall be no manufacturing on the premises; that no industrial materials or explosive materials of any kind shall be stored on the premises; that the use of the premises shall continue for the aforesaid purposes only so long as they are owned and operated by the Massachusetts Institute of Technology. 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 haaring, includ- ing that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection, and that notice of the decision shall be mailed 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 L. T. Redman ( over ) Aiden L. Ripley J. Milton Brown I, Virginia B. Tarbell, Clerk of the Board of Appeals, 11/ of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the eighth day of May 1947, to Gail W. Smith, August Schumacher, Perez Avigdor, Rene Avigdor, John D. & Jessie F. Polley, Jessie B. Barker, Kenneth S. & Marian Mc- Intire, Marie C. Magut±e, Julia A. & Sally A. Byer, Hugh J. Maguire, Sarah E. , CharlesP. & Martha Holmes, Margaret J. Jennings, Louise M. Brogna & E'. Elizabeth Holton, Ralph R. & Dorothy M. Hylan, and also advertised in the Lexington Minute Man on May 8, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE May 8, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of Gail W. Smith for permission to use the existing build- ing located at 238 Wood Street, Lexington, owned by Gail W. and Helen M. Smith, for use for educational purposes, including research, by the Massachusetts Institute of Technology, under Chpater 40, Sections 25 to 30A as amended. The hearing will be held on May 22, 1942 at 8 :00 11/ p.m. in the Selectmen's Room, Town Office Building, Lexington, Mass. ERROL H. LOCKE Chairman, Board of Appeals. May 1, 1947 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appoihted under General Laws, Chapter 40, Sections 25 to 30A as amended, to vary the application of section 6b of the Lexington Zoning By-law with respect to the premises at No. 238 Wood Street, owned by Gail W. Smith and Helen M. Smith of Lexington by permitting the following: For use for educational purposes, including research, by Massachusetts Institute of Technology. Gail W. Smith Helen M. Smith 238 Wood St. Lexington, Mass. Massachusetts Institute of Technology Horace Ford, Treasurer 42 c The Board then considered the application of Mr. Sweeney. Upon motion of Mr. Redman, seconded by Mr. Nickerson, it was 111 unanimously voted that the application be denied in the follow- ing form: BOARD OF APPEALS DENIAL The Board of Anneals, 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 Carl F. Sweeney 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 Office Building on May 22, 1947. Four regular and one 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 Carl F. Sweeney requester permission to build a second house on a lot of land located at 47 Blossom Crest Road, Lexington, owned by Carl F. and Gladys Sweeney. He stated that the lot in question had a seventy-five (75 ) foot 111 frontage, with a depth of one hundred fifty (150 ) fees; that he wished to erect in the rear of his residence a four-room bungalow for his daughter and son-in-law. Town records indicate that the lot in only seventy (70 ) feet wide. One person appeared in favor and three persons spoke in opposition to Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: That the lot in question had insufficient frontage and area. At the close of the hearing the Board in private session on May 22, 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 not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve substantial hardship to the petitioner, and the relief requested could not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. the granting of this petition. 42 d 111 -2• Pursuant to the said findings, the Board hereby denies the said petition of Carl F. Sweeney for permission to erect a second dwelling on the lot in question as there is insufficient frontage and area. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth 111 that the reasons for its decision are its findings herein- before set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGtTON (Acting under the Lexington Zoning By-law and General Laws) /s/ Ferrol H. Locke D. E. Nickerson J. Milton Brown Aiden L. Ripley ( over ) Lester T. Redman _ .._. I, Virginia B. Tarbell, Clerk of the Board of Appeals of11/ Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the eighth day of May, 1947, to Carl F. Sweeney, Peter & Eva E. Gerard, William B. & Mabel M. Peterson, Eric S. & Agnes D. Peterson, Carlo G. & Grace Vignale, Joseph J. Cleary, Floyd A. & Ainsee S. Bradstreet, Bernice Vecchione, Arthur C. & Ethel G. Fletcher, Joseph G. & Marie Rose, Michael R. o 'Donnell, Robbins Realty Trust, William T. & Mary L. Hardy, Charles R. & Dorothy H. Parkes, Tekla Berlin, John T. & Annie E. Smith, Emilia Terreira, Walter C. Thompson, Herbert S. Salisbury, Robert B. Carlman, and also advertised in the Lexington Minute Man on May 8, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE May 8, 1947 The Board of Appeals will hold a hearing on the matter. of varying the application of the Zoning. By-law upon petition of Carl F. Sweeney for permission to build a house on a lot of land located at 47 Blossom Crest Road, Lexington, owned by Carl F. and Gladys Sweeney, as shown on a plan of land of Blossom Crest, dated June 1916 by F. P. Cutter, C. E., on file in the office of the Town Engineer, which will not have the required frontage or area 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 May 22, 1947 at 9:30 P.M. in the Selectments Room, Town Office Building, Lexington, Mass. ERROL H. LOCKS Chairman, Board of Appeals May 5, 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 v ary the application of section 6 a of the Lexington Zoning By-law with respect to the premises at No. 47 Blossom Crest Road owned by Carl F. and Gladys Sweeney of Lexington by permitting the following: Erection of a second dwelling on one lot of land. Carl F. Sweeney 47 Blossom Crest Road Lexington, Mass.