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HomeMy WebLinkAbout1947-06-05 43 The Board of Appeals after consideration of the evidence shown at the hearing, pertaining to the petition of Robert Dicey, does not feel that any action isnecessary on this case, inasmuch as the requeisted use already exists, and that the requested use existed prior to the adoption of the original Lexington Zoning By-law. /s/ Virginia B. Tarbell Clerk, Board of Appeals . BOARD OF APPEALS MEETING June 5, 1947 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, on Thursday, June 5, 1947 . Chairman Locke, Messrs. Rich, Brown, Redman and Nickerson were present. The Clerk was also present. At 8:00 P.M. , hearing was declared open upon the petition of Ellen P. Nilsson for permission to operate an antique shop on the premises located at 495 Waltham Street . Notice of the hearing was read by Mr. Brown. There were seven 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. Mrs . Nilsson stated that she and her sister had been interested in antiques for many years. They use the sun room of the house which is 10 x 7 for their displays . In it they have fine china, and other small things, with an occasional piece of furniture. Most of their business is by mail . They have customers from all sections of the country. Occasionally a car stopes, but during the last month, for instance, only four cars stopped at the house. They would like to continue this business and have an appropriate sign out front saying "antiques" so that people will know there is a shop there. Every person Mrs. Nilsson contacted had no objections. She presented a statement to this effect signed by those who were unable to come this evening. The Board looked over the statement and Mr. Locke stated that it had been signed by 23 persons. 44 Mr. Locke: How much of a sign would you like? Mrs. Nilsson: Just an attractive sign with an old fashioned lantern on the top of it. We have been unable to get the lantern as yet. A 2 x 3 sign would be adequate. Mr. Locke: What about parking Mrs. Nilsson: There is a broad grass plot out front where cars can park if necessary. Mr. Locke: Do you do any advertising? Mrs. Nilsson: Yes, some. Mr. Locke: The mail type of business rather than customers calling at the home? Mrs. Nilsson: Yes. Mr. Nickerson: What hours are you ppnn2 Mrs. Nilsson: I have not set any hours - I really have none. We might close all winter. Mr. Locke: You would limit the use to just this sun room? Mrs. Nilsson: Yes. Mr. J. H. Keenan, 491 Waltham Street, feels that this would be an asset to the community. It really could not be considered a shop because it is so small. He feels that it dresses up the community. Mr. Stowell, 498 Waltham Street, said that on the parking problem there is adequate room to get off the road if they want to. He lives across the street from the Nilssons and doesnot find any objection to this. Mr. Keenan further said there was at least a twelve foot staip off the street where the cars could stop. Mr. George Kropp, 19 Cedar Street, stated that his wife is Mrs. Neilsson's sister. He merely wants to confirm some of the remarks Mrs. Nilsson has made. The magnitude of local business is about two to four cars a month. Most of their transitions are made through the mail. The parking space is, as Mr. Stowell and Mr. Keenan stated. There is a driveway, too, that cgn be used. 1 45 Mrs. H. Albert Webb, 520 Waltham Street, also spoke in favor .of granting the petition. Mrs. Stowell, 498 Waltham Street, also spoke in favor of granting the petition. The hearing was declared closed at 8:14 P.M. At 8:15 P.M. , hearing was declared open upon the petition of Thomas Forde for permission to erect a house on Lot #3 - 165 Lincoln Street, the construction of which will not meet tha requirements of the Building By-law. Notice of the hearing was read by Mr. Redman. There were seven persons present. Notices of the hearing have been mailed to the owners of all property deemed by the Board to be affected thereby adthey appear on the most recent tax list. Mr. Forde stated that this house had been suggested to him as a means of solving a problem that he finds himself in. He can' t afford to buy the house built in the odinary manner for he cannot pay over $10,000 for a house. He was sent to Mr. Giles Smith by a member of the Harvard Trust Company, and he explained his problem to Mr. Smith by telling him that he wanted a decent house and a good one for he had bought a nice piece of land in Lexington. Mr. Smith suggested this house as a solution As the plans indicate, the rooms are much larger and more spacious than the usual ones. The house is well laid out and in appearance, it is up to the mark. Mr. Forde is a layman and doesn't know much about building. He has looked over the plans and studied them, and they satisfy him. The maintenance is low which is a good thing. The technical details he will leave to Mr. Smith. He hunted very thoroughly until he found the spot where he wanted ]iis house. He would not build anything that would not be in accord with the rest of the town. The materials are of the best, and it is a well built house . Mr. Giles Smith stated that he had been a registered architect since 1908. He is a graduate of Cornell University. He has had quite a varied practice and iSnow the only one left of a firm. The technical question involved according to the Building Inspector is the floor construction. He has designed nearly thirty houses of cinder block construction. There is quite a saving in labors. approximately 30;. At the same time, a man has a house which is termite proof, and thoroughly dry. There is a low maintenance cost thich is of great davantage to Mr. Forde. He will be able to do a great deal of the painting and finishing himself. L 46 'Rini Carpenter of Bates Road, Lexington, has a Cape Cod House of the same construction as this . During the first winter season, he heated the house completely for seven months for about Sv 50.00 for oil. The floor construction is an improvement over the 12" cement block footing. Charles Shedd of Arlington, a retired engineer, has given Mr. Smith complete cal- culations on this. These floors can be built for 68g a square foot as against $1.50 for wood . They are precast and brought on the job . The beams equal 2,000 pounds of concrete-no beam being used for a span over twelve feet; they are reinforced with a #12 wire. The beams can be levelled and set up just as wooden joists . Only two special forms are needed . Mr. Forde would need no other floor. This can be painted later on and when finances warrant it, he can put on any type of floor that he wants . Mr. Smith said that he had had quite a bit of experience with this type of house and has found them very quiet and substantial. The plans call for one bedPoom 12 x 15, and one 12 x 12; these sizes are very unusual. Mr. Smith further stated that he would furnish the Board or the Building Department with any data they requested. There are nine or ten houses Of this type in Concord, one in Saugus. The beams are three feet OC; the partitions are all of cinder block; the beams are 8" high and 6" wide. Mr. Locke: How is the electrical wiring taken care of? Mr. Smith: You locate your switches, cut a hole in your block and run your wiring that way. When this is finished, you merely plug up the hole. Mr. Redman: What type of heating is used? Mr. Smith: Recirculating hot air. Mr. Locke: Aren't you going to get fine cracks in your ceiling? Mr. Smith: No, the way the slabs are butted to- gether you get a tight construction. you don' t get the shrinkage you get in wood. Mr. Rich: What did the Building Inspector object to. 47 Mr. Smith: He had never seen this type of floor before. Mr. Forde also said that the Building Inspector thought that in unloading these beams, the workmen might become careless and a crack might develop. Mr. Smith: I doubt that anyone is going to drop a 400 pound beam. They do have to be handled carefully, of course, but should one be dropped and show a bad crack, the beam would be rejected . Mr. Redman: What width i2 the largest beam? Mr. Smith: Twelve feet. Mr. George Cooper, 191 Lincoln Street, spoke in favor of granting thispetition. Mr. Fraser, 263 Lincoln Street, also was in favor. The hearing was declared closed at 8:55 P.M. At 9 :00 p.M. , hearing was declared open upon the petition of S. Arthur Peterson for permission to construct and maintain a greenhouse on the premises located at 544 Lowell Street. Notice of the hearing was read by Mr. Brown. 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. Peterson stated that he wished to build a small portable greenhouse 100t1x 12t . This particular greenhouse can be put up in a day. Mr. Locke : Where will you put this house? Mr. Peterson: It will be connected'o one of the houses already up. It will have a foundation. This house comes in sections and is put out by Lord and Burnham. The hearing was declared closed at 9 :04 P.M. At 9.05 P.M, ,hearing was declared open upon the petition of George Doherty for permission to alter the building located at 664 Marrett Road which will not have the required set back from the street. t 4S Notice of the hearing was read by Mr. Redman. The petitoner was the only person present. Notiees 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. Doherty said that as plans indicated, he is emodeling Mr. Saran+ s barn. He wishes to add a vestibule on bhe front of the building which will make the set back 1913" from the street instead of the required 20 ' . There were no questions asked the petitioner. The hearing was declared closed at 9:08 P.M. At 9:09 p.M., hearing was declared open upon the petition of M. Murray Roberts for permission to erect a house on Wood Street, the construction of which will not meet the requirements of the Building By-law. Notice of the hearing was read by Mr. Redman. There were two persons present. Notice4of the hearing have been mailed to the owners of all p operty deemed by the Board to be affected thereby as they appear on the most recent tax list. Mr. Roberts stated that his problem was pretty much the same as Mr. Forde+ s, in that he wished to use precast concrete joists. Mr. Toperzer of the Portland Cement Associates represent- ed Mr. Roberts. He stated that these joists are manufactured in the plant rather than on the job. Mr. Locke: What are the dimensions? Mr. Toperzer: That varies according to the span and load. Mr. Nickerson: Who directs this? Mr. Toperzer: Lith-I-Bar. Mr. Locke : What is the particular advantage of this? Mr. Toperzer : Saving in cost in buying and also in labor. Mr. Locke: What is the heating? 49 Mr. Roberts: Circulating hot air. Mr. Locke: How do you intend to finish the floors? Mr. Roberts: They will be laid with asphalt title and in some rooms, there will be wooden floors. Mr. Locke: What are the Building Inspector's Objections to this? Mr. Roberts: Mr. Lindstrom doesnot know what kind of steel is put in the joists . Lith-I-Bar is a reliable concern and will do a good job. Mr. Toperzer: Lith-I-Bar would be glad to furnish tests for this job . Mr. Brown: What construction. Mr. Toperzer stated that this type of construction had been accepted in Belmont, Concord, Cambridge, Weston, Brookline and Beverly. The hearing was declared closed at 9:20 P.M. II/ At 9 :21 P.M. , hearing was declared open upon the petition of Arthur B. Pike for permission to sub-divide a parcel of land located at 126-130 Burlington Street for a building lot which will not have the required side yards. Notice of the hearing was read by Mr. Brown. Mr. Pike 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 theret}y as they appear on the most recent tax list. Mr. Pike stated that he owned a ten acre tract of land. He wishes to erect another building on this lot. He has a dis- tance of between 26 to 28 feet between the buildings. The barn has been torn down and he proposes to build on this foundation. Mr. Locke : you will use the present foundation? Mr. Pike : Yes. Mr. Locke : Is this foundation acceptable to the Building Inspector? Mr. Pike : He hasn't questioned it. Mr. Pike further stated that he proposes to use the old floor timbers if the Building Inspector has no objections . He intends to dig out about three feet and fill in with gravel in order to get a smooth wall. He will be set back from the street 50 about seventy feet. The distance from the other house is approx- imately 125 feet, but in view of the fact that this would make two dwellings on one lot, he understands that he has to sub-divide it. Plans were shown to the Board of Mr. Pike' s proposed new house. The hearing was declared closed at 9 :40 P.M. The Board considered the application of Ellen Nilsson. Upon motion of Mr. Rich, seconded by Mr. Brown, it was unanimously voted that the application be granted in the following form: 1 -- 50 a BOARD OF APPEALS PERMIT II/ 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 Ellen P. Nilsson 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 Torn Office Building on the fifth day of June, 1947. Five regular 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 Ellen F,ti Nilsson requested permission to operate en antique shop on the premises located at 495 Waltham Street, Lexington. She stated that the sun room bf the house - approximately 101 x 7 ' - was given over to the antique shop; that she conducted her business largely on a mail- order basis; that few cars stoppelto patronize the shop, and that there was sufficient width of grass plot off the traveled way so that it isnot necessary for cars to stop in the street. She requested a sign on the premises not over six square feet in size. A petition was presented signed by twenty-four persons stating that they were not opposed to the petition. Five persons whose names were on the petition spoke in favor of granting the petition. On one appeared in opposition. At the close of the hearing the Board in private session on June 5 1947 gave consideration to the subject of the petition axed, 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. L •50 b 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 Ellen P. Nilsson to operate an ait%que shop on the premises located at 495 Waltham Street, Lexington, confining the use to the sun room on the premises, including the erection of a sign not more than six square feet in area subject to the following conditions: That • the permit shall expire on June 5, 1948. 111 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 ( over ) Lester T. Redman John F. Rich J. Milton Brown Il 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 twenty-second day of May 1947, to Ellen Nilsson, Annie Katkoff, David T. & Helen McPeake, Milford Woodward, Mathew A. & Elizabeth C. Macaulay, Joseph H. Potter, David A. Rix, Lawrence J. & Mary S. Selig, Helen C. Macbeth, Andon & Vanthi A. Grigor, Alfred B. Chiachia, Mary B. Wall, Mary McMakin, Irene T. & H. Albert Webb, and also advertised in the Lexington Minute Man on May 22, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals. NOTI CE May 22, 1947 The Board of Appeals 'will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of Ellen P. Nilsson for permission to operate an antique shop on the premises located at 495 Waltham Street, Lexington, owned by Nils G. Nilsson, under the Lexington Zoning By-law and in accordance with General Laws , Chapter 40, Sections 2 to 30A as amended. The hearing will be held on June 5, 1947, at 8:00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass . ERROL H. LOCKE Chairman, Board of Appeals-. 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 3OA as amended, to v ary the application of section 9g of the Lexington Zoning By-law with respect to the premises at No. 495 Waltham Street, owned by Nils G. Nilsson of Lexington by permitting the following : Antique Shop. Ellen P. Nilsson 495 Waltham St. Lexington, Mass. The Board considered the application of Thomas Forde. 111 Upon motion of Mr. Nickerson, seconded by Mr. Rich, it was unanimously voted that the application be granted in the following form: ilF 1 r 50 c I BOARD OF APPEALS PERMIT II/ The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to $0A as amended, having received a written petition addressed to it by Thomas M. and Irma K. Forde 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 j 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 fifth day of June, 1947. Five regular 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 Thomas M. and Irma K. Forde wished to erect a house on Lot #3 - 165 Lincoln Street, Lexington, as shown on Plan of Five Forks Village in Lexington, Mass. , dated Mar. 28, 1946 by Miller and Nylander, Civil Engrs . , the construction of which was not specifically covered by the Building By-law of the Town of Lexington in that the construction of the first floor called for the use of precast reinforced concrete beams 8" by 6" , and not over 121 long, and sectional precast re- inforced concrete slabs, in accordance with plans submitted by Giles Smith, Architect, dated February 20, 1947, and April 24, 1947, further referred to as Job. No. 4703. No one appeared in opposition. At the close of the hearing the Board in private session on June 5 1947 . gave consideration to the subject of the petition andvoted unanimously in favor of the following findings : 1ab-ie-1b8-j• gment-blare-p*bl e-eertven#eiee-ern4-we)4are wiII-ba-salesbnxrbicily-served-by-the-mektne-eg-t he-exeeetrerr-re.. quested. --2.-Tkat-bke-exeepblerr-req*eeted-wi11-2ret-tenet-bo-- pair the-ab,tas-e€-the-nei be 4eedr 3. That the gfigil#WWV8quested will be in harmony with the general purposes and intent of the regulations in the Lexington 111 Zentng By-law. Building 2. That the proposed construction will not substantially 50 d derogate from the intent or purpose of said Lexington Building By-law. o . That the construction requested satisfies the requirements for safety from fire, for support of loads, and resisting of pressure, as prescribed in the Lexington Building By-laws. 11/ _2r 1 4, That-awing-ta-evaditians-especia117_atteating-tha_aaid -parcel-Sut-net-aPfeetti-ng-gererally-thc-Zertimeg-41-sitri.e -4c whi-elzt 7 -it-is-leeated;-a-liters}-enfereement-ef-the gro-�trs eirs -o- #lsf- e 1 -Bexin gten-Senng-By-law-aa-te-the-}aerie- n-qeces ties-wet;}4- tsrolve -attbst:antlal-hardship-te-the-petltierter-snd-tihat-c esSrae,}e-Pelle.€ -may-lee-granted-wWteat-stthsttaetlslly-deregating-€Pem-tlas-lPt snt -er-pttrpeee-e€-stteh.-lex#tsgten-Zoning-gy-lawi 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 Thomas M. and Irma K. Forde to construct on Lot #3 - 165 Lincoln Street, Lexington, a dwelling in accordance with pians referred to. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition andhereby 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 John F. Rich J. Milton Brown I1110 D. E. Nickerson i ( over ) Lester T. Redman J 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 twenty-second day of May, 1947, to Thomas Forde, William P. & Pearl M. Brenchick, Harold A. & Mae W. Conant, Kaistutis & Margaret G. Balchunas, Harry F. & Dorothy F. Conrdd, June E. & Helen M. CheMlnd John T. & Julia L. Furey, Augusta C. Holm, Irene F. Webb, Helen B. Sarano, Leona C. & Barbara E. Lydiard, Richard J. & Catheirne Devanna, William J. & Janet M. Buckley, John D. & Flossie S. Campbell, Robert T. & Rosalind S. Gage, Sylvia Aker, Johanna Hultman, George R. & Ethel M. Mitchell, Robert L. Ryder, Tr., Neil McIntosh, Arthur H. Kent , Joseph O'Leary, Thomas P . McHugh, Robert & Catherine Boyington, George Cooper, Charles F. Jr. & Victoria L. Sider, Randall S. & Florence Haws, Harold S. Gillis, Harry E. Knowlton, Harlan R. & Florence Haws, Harold S. Gillis, Harry E. Knowlton, Harlan R. & Eleanor F. Allard, Eric J. Lif ner, W. H. Westin, Eugene A. & Elizabeth A . Sawyer, Lewis W. Pollard, George V. & Louise M. Byrnes, Charles L. & Edna G. Fraser, and also advertised in the Lexington Minute Man on May 22, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals. NOTICE May 22, 1947 The Board of Appeals will hold a hearing on the matter of varying 111 the application of the Building By-law by permitting on the premises owned by Thomas M. and Irma K. Forde and located on Lot 165 Lincoln Street, Lexington, as shown on Plan of Five Forks Village in Lexington, Mass. , dated Mar. 28, 1946 by Miller and Nylander, Civil Engrs . , on file in the office of the Town Engineer, Lexington, Mass. , the erection of a house, the construction of which will not meet the requirements of the Building By-law. The hearing will be held on June 5, 1947, at 8 :15 P.M. , in the Selectmen's Room, Towh Office Building, Lexington, Mass ERROL H. LOCKE Chairman, Board of Appeals May 13, 1947 Lexington Board of Zoning Appeals Town OfficeBuilding 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 Build- ing By-law with respect to the premises at No. 165 Lincoln Street - Lot #3 owned by Thomas M. & Irma K. Forde of Belmont by permitting the following: Erection of a house the construction of which does not meet the Building By-law. 111 Thomas M. Forde 30 Hermon St. Belmont, Massachusetts. 1 - [-- - 50 e The Board next considered the application of M. Murray Roberts . Upon motion of Mr. Brown, seconded by Mr. Rich, it was unanimously voted that the application be granted in the following form: BOARD OF APPEALS PERMIT II/ 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 M. Murray Roberts 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 bffioe 11 Building on the fifth day of June, 1947 . Five regular 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 M. Murray Roberts requested permission to erect a house on premises on Wood Street, Lexington, formerly a part of the Bashian farm, the first floor joists and reinforced concrete slabs in accordance with plans sub- mitted for the house of M. Murray Roberts which included a plan of the Dextone Company showing the details of the precast joists dated II 5/29/47, Number al . No one appeared in opposition. At the close of the hearing the Board in private session on June 5, 1947 gave consideration to the subject of the petition andvoted unanimously in favor of the following findings: 1. That-tn-tts-fudgment-t?te-gmbItd-LSnvSfilence and weifafe wt4 -be- b to 4elli-€azwed-by- , re- eR4eg-e€-b#le-exeet4en-re- -VbeA,.t e-eaee t4oe-red s#.e4-w444- -teed-ike-Imrelei tlae- a te-e4-4.# E44: ed. 1,$. That the fit'= 9quested will be in harmony with the general purposes and intent of the regulations in the Lexington Trot,& ig By-law. Building. I - L 50 f 2. That the proposed construction will not substantially derogate from the intent or purpose of said Lexington Building By-law. 3. That the construction requested satisfies the require- "' for safety from fire, for support of loads, and resisting of pressure, as prescribed in .2. the Lexington Building By-laws. 4. -gArat--ow!rrg-ba--is,z i-l:i-o rs—esset-iir1-y-scf'f`et-t-trrg-*rre-sand ,�Nt.. „..1 4 -�-a f'.,,,t1��6 _, �,13y�:txe--�rcrSrrl-rrg -c4--hr-yy'r�i-Ch rte- -13e• l-rr"ttnr'Z'orri-ag B-7---1-a --as--1 o--thYe-1-o•et a--1-Tr Titter i-ern rcrerler-i-raver-ve- -cub a t a..L .l- trard s ri-p -t,o -the -ped-i-t In rrer -acrd +}t- deet-cable- re3-i-ef- Y'4e- irl-trheotrtr-e+? *s a-rrt-t-srl-1-r 4t-. ,,f5t rrg-f-rott the-�-rvb•errb- -ot -ptrrpose--or--stxc3r4,nei tNosr$onriml;iay-iray. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning Byr.law is hereby varied so far as may be necessary to permit Murray Roberts to erect a house on premises on Wood Street, formerly a part- of the Bashian farm, in accordance with plans referred to. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition andhereby 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 Lester T. Redman John F. Rich ( over 1 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 twelfth day of June, 1947, to M. Murray Roberts, Leonard E. Wade Tr. , Roger A. Barnhill, Toras H. Bashian, and also advertised in the Lexington Minute Man on June 12, 1947, a notice of which the following is a true Copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE June 12, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Building By- law by permitting on the premises owned by M. Murray Roberts and located on Wood Street, Lexington, on land formerly of Bashian, the erection of a house, the constr- uction of which will not meet the requirements of the Building By-law. The hearing will be held on June 5, 1947, at 9:00 P.M. in the Selectmen' s Room, Town Office Building, Lex- ington, Mass. ERROL H. LOCKE Chairman, Board of Appeals 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 asamended, to vary the application of section of the Lexington Building By-law withirespect to the premises at No. Part of the Bashian Farm located on Wood Street, owned by M. Murray Roberts of Lexington by permitting the following: Erection of a house, the construction of which will not meet the requirements of the Lexington Building By-law. M. Murray Roberts 1437 Mass. Ave. Lexington, Mass. The Board then considered the application of George Doherty. Upon motion of Mr. Redman, seconded by Mr. Nicker- son, 11' it was unanimously voted that the application be grant- ed in the following form: • 1 50 g 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 George Doherty 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 fifth day of June , 1947 . Five regular 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 Nora M. Doherty requested permission to alter the building located at 664 Marrett Road, Lexington which will not have the required set back from the street. M . George Doherty who appeared for the petitioner stated that he wished to alter the existing building adding at the front a vestibule, one corner of which will be 1913" from the existing street line of Marrett Road. No one appeared in opposition. At the close of the hearing the Board in private session on June 5, 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. i -� 50 h -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 Nora M. Doherty to alter the existing building located at 664 Marrett Road, Lexingtoi by adding a vestibule, one corner of which will be approximately 1913" from the existing street line. 11/ 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 J. Milton Brown John F. Rich ( over ) Lester T. Redman L 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 twenty-second day of May, 1947, to George Doherty, Albert G. & Myrtle B. Ewell, Floyd W. & Alice F. Keirstead, Richard P. & Barbara B. Blake, Jackson C. & Elmira M. Thyng, Helen B. Sarano, and also advertised in the Lexington Minute Man on May 22, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE May 22, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of George Dbherty for permission to alter a build- ing located at 664 Marrett Road, Lexington, owned by Nora M. Doherty, which will not have the required set back from the street, under the Lexington Zoning By-law and in accord- ance with General Laws, Sections 25 to 30A as amended. The hearing will be held on June 5, 1947, at 8:45 P.M. in the Selectmen' s Room, Town Office Building, Lex- ington, Mass. ERROL H. LOCKE Chairman, Board of Appeals. May 12, 1947 Lexington Board of Zoning Appeals Town Office Building Lexington 73, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30A as mended, to vary the application of section 7a of the Lexington Zohing By-law with respect to the premises at No. 664 Marrett Road, owned by Nora M. Dbherty of Lexington by permitting the following: A nineteen foot set-back instead of the twenty feet called for. George F. Doherty 664 Marrett Road Lexington, Massachusetts 11/ The Board considered the application of S. Arthur Peterson. Upon motion of Mr. Rich, seconded by Mr. Brown, it was unanimously voted that the application be granted in the following form: 50 i 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 S. Arthur Peterson 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 fifth day of June, 1947. Five regular 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 S. Arthur Peterson wished to construct and maintain a greenhouse on the premises located at 544 Lowell Street, Lex- ington. He stated that he wished to erect a portable greenhouse one hundred feet by twelve feet as supplied by Lord and Burnham to be connected to an existing greenhouse on the same premises. No one appeared in opposition. At the close of the hearing the Board in private session on June 5, 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. 50 j -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-law4 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 S. Arthur Peterson to erect and maintain a greenhouse one hundred feet by twelve feet on the premises located at 544 Lowell 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 shalle 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 111 J. Milton Brown John F. Rich ( over ) 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 twenty-second day of May, 1947, to S. Arthur Peterson, Stephen & Taraska HQtz, Carl F. & Elizabeth Uhlendorf, Beatrice M. Kimball, John J. & Katherine M. Kelly, and also advertised in the Lexington Minute Man on May 22, 1947, a notice of Which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE Mata 22, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by S. Arthur Peterson, and located at 544 Lowell Street, Lexington, the constr- uction and maintenance of a greenhouse, under the Lex- ington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held on June 5, 1947 at 8:30 P.M. in the Selectmen's Room, Town Office Building, Lexington, 111 Mass. ERROL H. LOCKE Chairman, Board of Appeals May 20, 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, Section 25 to 3OA as amended, to vary the application of section '6a of the Lexington Zoning By-law with respect to the premises at No. 544 Lowell Street, owned by S. Arthur Peterson of Lexington by permitting the following: Construction of a greenhouse. S. Arthur Peterson 544 Lowell Street Lexington, Mass. By: A. G. Peterson 11/ The Board then considered the application of Mr. Arthur. Pike. Upon motion of Mr. Redman, seconded by Mr. Nickerson, it was unanimously voted that the application be granted in the following form; 50 k BOARD OF APPEALS PERMIT IIIThe 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 Mr. Arthur pike 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 fifth day of June, 1947. Five regular 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 Arthur B. Pike requested peraission to sub-divide a parcel of land located at 126 - 130 Burlington Street, Lexington for a building lot which will not 11/ have the required side yards under the Lexington Zoning By-law. He stated that he wished to erect a residence on a portion of the existing foundation formerly used for a barn; that the resulting structure would be approximately twentyisix to twenty-eight feet from an existing garage and shed building located on the said parcel of land. No definite survey was submitted defining the lines. No one appeared in opposition. At the close of the hearing the Board in private session on June 5, 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. 111 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 50 1 -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 Arthur B. Pike to erect a building-on a portion of the existing foundation provided that he first establish the lines of the lot, with side lines at least fifteen feet on each side of the proposed structure; with a frontage of at least one hundred feet on Burlington Street; and with a total cars of at least 12,500 square feet; and that he prepare 'and record with the Middlesex Registry of Deeds, a plot plan for such lot. 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 Ill J. Milton Brown John F. Rich ( over ) Lester I. Redman I, Virginia B. Tarbell, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, herety certify that I sent by postage cer- tificate of mailing on the twenty-second day of May, 1947, to Arthur B. Pike, Jack H. & Helen I. Johnson, Peter & Margaret Helburn, John J. & Marguerite A. Mullen, John F. & Daisy W. McAvoy, Leonard W. & Marjorie E. P .hl, and also advertised in the Lexington Minute Man on May 22, 1947, a notice of Which the Yellowing is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NO-TI C E May 22, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon petition of Arthur B. Pike for permission to sub- sivide a parcel of land located at 126 - 130 Burlington Street, Lexington, owned by Arthur B. Pike and others, for a building lot which will not have the required side yards under the Lexington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 26 to 30A as 111 amended. The hearing will be held on June 5, 1947, at 9:15 P.M. in the Selectmen' s Room, Town Office Building, Lex- ington, Mass. ERROL H. LOCKE Chairman, Board of Appeals May 15, 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 tb 30A as amended, to vary the application of section 6a of the Lexington Zoning By-law with respect to the premises at No. 126, 128, 130 Burlington Street, owned by Arthufs B. Pike and others of Lexington by per- mitting the following: Sub-division of land for a build- ing lot which will not have the required side-yards. Arthur B. Pike 130 Burlington Street Lexington, Mass . The meeting was adjourned at 11:10 P.M. A true record; Attest : Clerk, Board of Appeals