HomeMy WebLinkAbout1947-06-0543
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 requ&sted 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 B.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 ppanv
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. Kennan, 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 grant 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. Neilssonts 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 cin
be used. ,
45
Mrs. H. Albert Webb, 520 Waltham Streut, 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 thb
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 a #hey 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 .dn
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 doesntt 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 lois 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 i�now 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 labor* approximately 30. At the same time, a man
has a house which is termite proof, and thoroughly dry. There
is a low maintenance cost rich is of great davantage to iIr.
Forde. He will be able to do a great deal of the painting and
finishing himself,
46
Mnv 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 4 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 68�
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 s'et,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 bedf;oom 12 x 152
and one 12 x 12; these sizes are very unusual.
]fir. Smith further stated that he would furnish
the Board or the Building Department with any data
they requested. There are nine or ten houses df: -
this type in Concord, one in Saugus. The beams are
three feet ®C; 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 deo.
1
1
[7
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 been.. 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 ib the largest beam?
Mr. Smith; '`:Twelve feet.
Mr. George Cooper, 191 Lincoln Street, spoke in favor
of granting thispetition.
h1r. Fraser, 263 Lincoln Street, also was in favor.
The hearing was declared closed at 8;55 P.M.
At 9;00 P.t4., 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 heari
was the only person pres
mailed to the owners of
be affected thereby as t.
list.
Mr. Peterson stated
portable greenhouse 1001
can be put up in a day.
Mr. Locke;
g was read by Mr. Brown. The petitioner
nt. Notices of the hearing have been
11 property deemed by the Board to
ey appear on the most recent tax
that he wished to build a small
x 121. This particular g Peenhouse
Where swill 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
closed at 9;04 P.M.
At 9.05 P.g;�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.
Notice of the hearing was read by Mr. Redman. The petitoner '
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. Doherty said that as plans indicated, he is emodeling
Mr. Sara's barn. He wishes to add a vestibule on he
front of the building which will make the set back 1913"
from the street instead of the required 201.
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. Notice*f 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. 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?
i
49
Mr.
Roberts;
Circulating hot
air.
' Mr.
Locke:
How do you intend
to finish the f loors9,
Mr. Roberts: They will be laid with asphalt title and
in some rooms, there will be wooden floors.
Mr. Locke; What are the Building Inspectorts Objections
to this?
Mr. Roberts; Mr. Lindstrom doesnot know what kind of stbel
is put in the joists. Lith-I-}3ar 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,
Beverly. Weston, Brookline and
The hearing was declared closed at 9;20 P.M.
At 9;21 P.M., hearing was declared open upon the petition
Of Arthur B. Pike for permission to sub -divide a
parcel
located at 126-x.30 Burlington Street for a buildinglot which
nd
will not have the required 2ide: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 there'ry as they appear on the most recent
tax list.
Mr. Pike stated that he awned 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
5U
about seventy feet. The distance from the other house is approx-
imately 125 feet, but in view of the fact that this would I make two dwellings on one lot, he understands that he has to
sub -divide it.
Plans were shown to the Board of Mr. Pike'; 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
11
50 a
BOARD OF APPEALS PERMIT
The Board of Apnealso acting under the Lexington Zoning
By-law and General Laws, Chapter 40, Sections 25 to ZOA 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
all property deemed by the Board to be affecteed thereby as the theyof
appear on the most recent local tax list and also advertised in
which hearing was held in
the Lexington Minute -Man, a newspaper published in Lexington, Building on the the Selectmen's Room, in the Town Office
f if th day of
Five regular June, 1947.
Appeals were present at the hearing. A certificatebers oftof he nooa
ticeois
hereto annexed. At this hearing evidence was offered on behalf
of the petitioner tending to shows That Ellen F,,; Nilsson
requested permission to operate an antique shop on the premises
located at 495 Waltham Street, Lexington. She stated that the
sun room cbf the house - approximately 10i x 71 - 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 thatt here 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 x square
si
ver
our persons
feet in size. A petition was presented signed by t vesi
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
of the petition and, voted unaave nimouslyConsito the subect
findings: in favor of the following
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
the status of trequested will not tend to impair
he neighborhood.
3. That the exception requested will be in harmony with the
genualpurposes and intent of the regulations in the Lexington
g By-law*
i
B0 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 Ellen P. Nilsson
to operate an att%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.
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
I, Virginia B. Tarbell, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
Section 273, 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 222 19471 a notice of which
the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals.
N 0 T I 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 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 SelectmenIs 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 30A as mended, to vary the application of section 9g of
the Lexi4gton 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, Masa.
The Board considered the application of Thomas Forde.
Upon motion of Mr. Nickerson, seconded by Mr. Rich, it
was unanimously"vot`ed "that 'the application be granted
In the following form:
BOARD OF APPEALS PERMIT
50 c
The Board of Apneals, acting under the Lexington Zoning
By-law and General. Laws, Chapter 40
amended, having received , Sections 25 to 30A as
by a written petition addressed to it
Thomas M. and Irma K. Fords
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
the Lexington Minute-Mantax list and also advertised in
which hearing was held it
a newspaper published in Lexington,
Building on the n the Selectments Room, in the Town Office
fifth
day of June, 1947.
Appeals Wer® present at
ve r egu ar members of the Board of
hereto annexed. At this hearing evid.enceewasficate offeredfonotice behalfs
Of the petitioner tending to shows
Forde wished to erect a house on Loth #3 Th165sLincoln 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 12t long, and sectional precast re-
inforced concrete slabs, in accordance with plans submitted by
Giles Smith, Architect, dated February 201, 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
of the petition and. voted unanimously iinrfavor of the folation to the lowing
findings:
quested-sttHe#e�r a�� -se ed-bg-else-�aek#�rg-eg-Aske-exec teen-re—
�ueseed.
--a.-�k�a�-eke-exeepi��e�t-pee�t�eabe�-wl�� �ta�-terms-'bc�-i�t��r
blue-eteistts-e -blse-not
3. That the 6R&Alobe9uested will be in harmony
general purposes and intent of the regulations in the Lexington®
29RINS By-law.
Building
2. That the proposed construction will not substantially 50 d
derogate from the intent or purpose of said Lexington Building
I By-law.
f6. That the construction requested satisfies the requirements
for safety from fire, for supporb of loads, and resisting of pressure,
as prescribed in the Lexington Building By-laws.
_2r
4, Pkat-eweg-c-evadibans-especis�l2�_a£fBating_tha_sa�d
-parse}-btxb-neb-rt�feetti-n�-gerere�l}y-t�tc-8cn#meg-�}sbr�e�-�c vrh�el�
eeate8;-a-}iters}-enfereem"t--of-the gro-�trs}airs-o-f-#lse
-3�ex�n gtcn -Sen}ng-By-}ew-aa-te -the -}&etch -in
-Wdbatant}a}-haPdahip-to-the pet}t}ever-sed-# at�kes peble-pe}fie€
-may-lee-Er"ted-Wi4kept=ettbetanti s}ly- eregat meg-€rem-Vae,-!v}tk®At
-er-pttrpeee-a€-s�teb.-}ems#�sgtez�-3er�}�sg-gy-&a�►�
Pursuant to the said findings, the Board hereby unanimously
decides that the application of the Lexington Zoning By -lave 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 pans referred to.
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
John F. Rich
J. Milton Brown
I
D. E. Nickerson
( 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 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. Cheld
John T. & Julia L. Furey, Augusta C. Holm, Irene F. WebbJ. & Catheirne Devanna,
, Helen Be
Sarano, Leona C- & Barbara E. Lydiard,'Riehard
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 & Chtherine 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 thick -the following is a true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals.
N 0 T I C E
May 22, 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 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
snd 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
Lexington Board of Zonin A May 13, 194`7
Town OfficeBuilding, g. ppeals
Lexirngton, Massachusetts
Gentlemen;
The undersigned hereby petitions the Lexington Board of Appeals,
appoirited'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.
Thomas M. Forde
30 Hermon St.
Belmont, Massachusetts.
i
50 e
The Board next considered the application of U. 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 OP APPEALS PERMIT
The Board of Apneals, acting under the Lexington Zoning
By-law and General Laws, Chapter 402, Sections 25 to 3OA, 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 bffiee
Building on the fifth
day of June, 1947.
Five regular members of the Board of
Appeals were present at the hearing.
hereto annexed. At this hearing evideA certificate of notice is nee was offered on behalf
of the petitioner tending to show= That M. Murray Roberts
requested permission to erect a house on premises on Wood Street,
Lexington, formerly a part of the Bashian fauna, 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
5/29/47, Number :1.
No one appeared in opposition.
on
At the close of the hearing the Board in private session
June 5 1947
tion to the subect
of the petition and. voted unanimouslyiinrfavor of the following
findings:
1.
Tkat-tn-#t3-JAb drent_the-patitd-d3a?Yffl'an-�endb-Y--mek4igg-ef--the-e9cee19-t-ieell-fPe.
tuee
-e-te.�*Aas-te-
2. ewe 4fxa-a�q es - +-i�4- - Cid-fie-4 4
or- ue_
r-#,fie-
1A, That the %
generalquested will be in harmony with the
purposes and intent of the regulations in the Lexington
Building. Blaw.
Ll
2. That the proposed construction will not substantially 50 f
derogate from the intent or purpose of said Lexington Building
By-law.
3. That the construction requested satisfies the require-
ments for safety from fire, for support of loads, and resisting
of pressure, as prescribed in .2. the Lexington Building By-laws.
4. -'drat-�ravi'rrg-tcs-tai biv1rr 'V ZTseLW'1*7rhy-fff'f`eLtiTg-t+rer-rai-d
'parc`t°rr�tzt`�rotr�a f',eci�rr�r-get�er�x-13ytixe--�rcrrrl-ng�c�-1-t-,++i- -i� Whi.0h
- s- Ioeat-ech,--g]-i�-ez►�r-eY�f�oxcenrerrtrrofl--true--af-t+Wl-
3 x'3 €'tomr-Zron-li TT-Bye--1-aw-gas--to--tl� locus --i- Tjaevti-o r-rovo rd--irvo-l�rtr
trards ri-P tro +he Teti-tironer --acrd +hatr-
'-st��ra3 l',Y' 4&rogstiii—g-he-�i�rirerrb-
-orr-g�r�p�rse- -o#=-stre3r 3,e�ri�,-oYr �oari�ag �a�y
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 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 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
Lester T. Redman
John F. Rich
( over 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
dopy.
N O T I C E
/s/ ,Virginia B. Tarbell
Clerk,.Board of Appeals
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
fdrmerly df Bashian, the erection of a house, the constr-
uction of which will not meet the requirements of the
Building By -low.
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 withrrespect to the premises
at No. Part of the Bashian Farm located on Wood Street,
owned by 1,1.. 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 Bir. Nicker-
son, it.was unanimously voted that the application be grant-
ed in the f ollowi ng f orm ;
i
rj
BOARD OF APPEALS PERMIT
The Board of Apneals, acting under the Lexington Zoning
By-law and General Laws, Chapter 40 Sections 25 to 3O
s A as
amended
having received a written petition addressed to it
by
George Doherty
50 g
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 day of
fifth June, 1947.
Appeals were present theuhearing, A certificate members of tof he Board
eois
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. Mr. 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 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
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 h
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.
Dbherty to alter the existing building located at 664 Marrett
Road, Lexingtoti by adding a vestibule, one corner of which will
be approximately 1913" from the existing street line.
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'
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.
/sl Virginia B. Tarbell
Clerk, Board of Appeals
N O T I 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 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 amended, 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
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 1
BOARD OF APPEALS PERMIT
The Board of Apneals, acting under the Lexington Zoning
By-law and General Laws, Chapter 40, sections 25 to ZOA, 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 f if th 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
4. That owing to aonditigns 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-law3
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 haaring, includ-
ing that herein summarized, and directs that this record
immediately following this decision shall be filed in the office
of the Town Clark of .Lexington and shall be open to public
inspection,;and that notice of the decision shall *e 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
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
$otz, Carl F. & Elizabeth Uhlendorf,,Beatrice M. Kimball,
John J. & Katherine M. Kelly, and also advertised in ihe:
Lexington Minute Man on May 22, 19.47, a notice of which,
the following is a true copy.
/sl Virginia B. Tarbell
Clerk, Board of Appeals
N O T I C E
Meth 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,
Mass.
ERROL H. LOCKE
Chairman, Board of Appeals
May 2001 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 30A as amended, to vary the application of
section 6a of the Lexington Zoning By-law with respect
to the premises at No. 544 Lovell 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
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 -
1
e
I.
50 k
BOARD OF APPEALS PERMIT
The Board of Apneals, acting under the Lexington Zoning
By-law and General Laws, Chapter 40, Sections 25 to ZOA 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 appear' onrthedmostdrecantthe
locall tax listfandted alsohadvertisedas they
the Lexington Minute -Man, a newspaper published in Lexington
which hearing was held in the Selectments Room, in the Town4ffice
Building on the fif th dart 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
perpission to sub -divide a parcel of That
landthur locatedPate1269Ue130d
Burlington Street, Lexington for a building lot which will not
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 twentyesix 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 rem
quested.
2. That the
the status of the
3. That the
general purposes
Zoning By-law,
exception requested will not tend to impair
neighborhood*
exception requested will be in harmony with the
and intent of the regulations in the Lexington
50 1
. 2..
4. That owing to conditions especially'affecting the said
parcel but not affecting generally the Zoning district in which
It is,loeated, 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-Zawe
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
inspections;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
I. Virginia B. Tarbell, Clerk of the Board of
Appeals of Lexington, appointed under General Laws, Chapter
40,•Section 27, here oy 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. PIU, and also,
advertised in the Lexington Minute ManonMay 22,.19470
a notice of trhich the following is a true, copy:
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
NO -TI CE
May 229 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
amended.
The hearing will be held on June 5, 19471 at 9;15
P.M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass,
ERROL H. LOCKE
Chairman, Board of Appeals
May 150 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. 126, 128, 130 Burlington Street,
owned by ArthuP B. Pike'and others of Lexington by per-
mintting 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;
w. Clerk, Board of Appeals
1