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HomeMy WebLinkAbout1931-06-05 120 c, BOARD OF APPEALS MEETING JUNE 5, 1931. 1 A regular meetLng of the Board of Appeals was held at the Selectmen' s Room, Town Office Building at 8:15 P.M. Messrs. Maddison, Bladrey, dlynn, Constance and Slocum were resent . The Secretary was also present. At 8:lo P.M. hearing waJ declared open on the application of Frank A. and _Mary Napoli for permission Napoli to operate a roadside stand on their premises, this hearing . being a request for renewal of a p7rmit grantc, to them and expiring on June 11, 1931. Yr. Frank A. Napoli stated that ne had sold only the products of his premises and had complied with the request of the Board. He inquired, however, if a hearing had t- be held each year on his application and if he had to pay the ten dollars each time. He felt that this was a lot to have to pay. Mr. Thomas Napoli, his son, stated that la,t year when the hearing was held, Mr. Fawcett was the only one who aveared to object and he only objected to the building being built. He had not objected to their selling their products, but felt that the building would depreciate the neighborhood. As far as depreciation goes he stated that two very good houses have been constructed across from his father' s property on Middle Street. He asked if some way could be worked out whereby a hearing would not have to be held each year and a charge made for the hearing. Mr. William R. Vose of Middle Street stated that he had been in town for five years and ht.s house was one of the first in that particular development and he was there when Mr . Napoli cam to live on that place. He had no objection, and he felt there should be no objection t( the application. No other persons apneared in favor of or against the petition and the hearing was declared closed. After discussing the matter in private session, the Board voted to pass the following order granting permission to Frank A. and Mary Napoli to operate a roadside stand The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Frank A. Napoli, Middle St. , Lexington, 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 Times-Mihute Ian, a newspaper published in Lexington, which hearing 121 was held in the Selectmen' s Room, in the Town Office Building on Friday, the 5th day of June, 1931 at 8 o' clock P.M. A majority of the members of the Board of Appeals was present at the hearing . After hearing the evidence offered by the petitioners and such other evidence as was offered, the board in private session held June 5, 1931, gave consideration to the subject of the petition and a majority of tne Board votea that in its judgment the public convenience and welfare will be substantially served by the use of the premises described in the petition and thiLt such use will not tend to impair the status of the n e?.ghborhoLd. The Board therefore determines that the application of Section 9 Exceptions, of the Lexington Zoning By-law permits tne use of the premises described in the Petition, and instructs the Inspector of Buildings of Lexington to grant a permit to maintain a temporary roadside stand on the Jarrett Road front of their land located on Marrett Road and Middle Street for the purpose of selling only the products grown on th=ir own land in the Town of Lexington, and that said stand be maintained on the location as now existing, they to provide sufficient par4ing space for automobiles to prevent traffic congestion on Marrett Road this permit to expire June 11, 1932. The Board the ,fore determines that the use of the premises described in the petition is in harmony with the general purposes and intent of the Lexington Zoning By-law. Arthur N. Maddison Roland Ir. Baldrey Theodore A. uustance Curlys L. Slocum C. Edward Glynn BOARD OF APPEALS OF LEXINGTON e I, Roland V . Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the 20th day of May, 197)1 to Edgar F. Schiebe, Robert J. Fawcett, Louise M. Hannaford, Russell Bray, American Oil Co. , Thomas J. & Jennie Heaney, Neil McIntosh, Caroline 0. Olsen, Helen M. & ularence W . Mason, Bertha A. . Lawson, John E. & Alice i . Chism, Albina M. Marble, Christine A. G-amstorff, Raymond L. & Anna White, Walter C. & Florence M. Boone, Patrick & Helen MacKino, Edwin H. & Mary E. Halvarson, frank A. & Mary Napoli, Pasquale Panitta, 1Tilliam P . Eyler, and also published in the Lexington Times-Minute Man on May 22, 1931, a notice of which the 9) CD "C: following is a true copy. rri Roland 1v . Baldrey, ' Clerk, Board of Appeals. May 20, 1931. Ler.ington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of Section 9 F of the Lexington Zoning By-law with respect to the premises at Middle Streot owned by Frank A. Napoli of Lexington by permitting the following: For renewal of permit to allow sale of farm produce at roadside stand. Frank A. Napoli . NOTICE , Lexington, lass. May 20, 1931. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of the property situated on Middle Street near its junction with Marrett Road and owned by Frank A. & Mary Napoli under Section 9 F of the Lexington Zoni.ig By-law for a permit for a roadside stand on the said premises for the sale of only the products of the land and in accordance with Chapter 133 of the Acts of 1924. The hearing will be held June 5, 1931 at the Selectmen' s Room, Town Office Building at 8:00 o' clock r.M. Arthur N. Maddison Chairman, Board of Appeals. 12 At 8:25 P.M. hearing was declared open on the application of Frank Dias of Concord Avenue for permission to erect and maintain a roadside stand on' Dias the property of Isabella Fardy on Valtham Street. hearing. Mr. Dias pointed out/bn the plan where he intended to put the stand. gr. Silva, his brother-in-law, spoke for him and stated that Ir. Diast property was on Concord Avenue adjacent to where the garage is located and adjacent to the property of Mrs. Isabella Fardy, The location for the stand which they request is to be about 174 feet from Concord Avenue and would not be in the business zone. Mr. Dias stated that Firs. Fardy' s house was located 100 feet from the corner. They want to erect a shelter about 14 feet long and 12 feet wide to be set about 20 to 25 feet from th street and they probably would have shutters on the front of the building. He stated that there was now a dirveway there and people could drive in off the road. The land slopes away fro:a where the stand is intended to be placed. The driveway there is located just as you go into Mrs. Fardy' s house. The Fardy land goes back from Valtham Street about 300 feet and his land is beyond that. Mr. Dailey, who owns the so-called t'oster place at the corner of 8oncord Avenue and Vialtham Street diagonally opposite the garage, objected. He felt that the distance between the garage and house as given was ' not correct. Also that th s is one of the most dangerous corners where there have been several accidents and there -as not any demand for a roadside stand. He felt that in giving this privilege it was commercializing the property located n a residence district. Directly opposite his house there is a clam house and within 100 yards there is a roadside stand operated by Mr. Ricci, an he ju ged that where they intended to place this stand was at the brow of the hill. He stated that he had no feeling whatever against Mr. Dias, but he felt that he had rights. He could not rent h s house on account of the conditions at the corner with the garage diagonally opposite his house and the cross roads and it made a very dangerous situation. He felt that if this permit were allowed it would only be an opening for other permits to be allowed. He felt that the cars coming out of the garage make a dangerous condition at this cross road and then with this fruit stand allowed it would add to the danger of traffic congestion on that street. He suggestea that Mr. Dias sell his products on concord Avenue on his own land. Mr. Dailey steted that the house which he owns is located in the business district and was built there about nineteen years ago and is located about 200 feet from the garage. Mr. Dias stated that he knew that the measurements at that corner were right inasmuch as he went with the Building Inspector and they made the measurements. He also inquired of Ir. Dailey hoy, long Mr. Maguire had lived in his house and Mr. Dailey replied he ha( just moved out. He also ineuired how long he lived there and Mr. Dailey stated .he lived there two and one half years. Mr. Dias stated that ,ir. Lawrence had been in business opposite Mr Dailey' s house only one year. 124 c� 4R The hearing was declared closed, and after discussing the matter, the Board UecLded to lay the applicatiun on the table until such time as they had an oportunity to view the premises. The Board considered the application of William A. Granfield for a permit to install two 1000 gallon gasoline tanks on his premises at Spring Street and voted not to grant the p'-rmit. The following order was therefore signed by the Board. The Board of Appeals, acting under General Laws Chapter 40, section 27, having received a written petition adiressed to it by y.illiam A. Granfield, Granfield Marrett Rd. and Spring St. , Lexington, a copy of which order. is hereto annexed, held a public hearing thereon of which notice was mailed to the aetitioner 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 Times-Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on Tuesday, the 26th day of May, 1931 at 8 o' clock P.M. A majority of the members of the Board of Appeals were present at the hearing. After hearing the evidence offered by the petitioners and such other evidence as was offered, the Board in private session held June 5, 1931, gave consideration to the subject of the petition and a majority of the Board voted that in its judgment the public convenience and welfare will not be substantially served by the use of the premises described in the petition and that such use may tend to impair the status of the neighborhood. The Board therefore determines that the application of section 6 (c) in C.1 Districts and Section 9 of the Lexington Zoning By-law do not permit the use of the premises described in the petiticn and instructs the Inspector of Buildings of Lexington not to grant a permit therefor. Arthur N. Maddison Roland W. Baldrey Theodore A. Custance Curlys L. Slocum C. Edward Glynn BOARD OF APPEALS OF LEXINGTON. I, Boland W. B,ldrey, Clerk of the Board of Apieals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by registered mail on the 7th day of May, 1931 to 125 Emma P. Miller, Gertrude E. Briggs, Edward F . Donahue, Joseph G. Fredett , George B. Jeffrey, Alice N. Mills, IIMerle B. Judkins, Albert D . & Doris H. Smith, Chester Sutherland, Bert J. Whittemore, Neil McIntosh, Stanley G . Thwing, Jane Foley, Emily Montgomery, Alice F . Grafe, Alexander A. Warner, Halter L. and nary N Groves, Bartholomew J. Lehan, Margaret M. & Mary J. Cochrane, Henry A. Groves, Angelina F. Remick, Mary C. Bowles, Linda R. Grindle, Charles h. McKinnon, Daniel H. McKinnon, Lillian J. Pratt, Constance L. Thompson, Lillian L. Granfield, William A. Granfield, Gertrude E. Chase, Hugh & Sadie McIntosh, Mary A. Lore, J. Elmer Low,', Harriett C. Wright, Edward S. Payson, Edith C. Smith, David H. Burns, and also published in the Lexington Times- Minute Man on May 8, 1931, a notice of which the following is a true copy. Roland V . Baldrey, Clerk, Board of Appeals. May 1, 1931. Lexington Board of Zoning Appeals II Town Office Building Lexington, Mass . Gentlemen. The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, section 27, to vary the application of section 6 KO in C.1 Districts, and Section 9 of the Lexington Zoning By-law with respect to the premises at Marrett Road owned by Lilla L. Granfield of Lexington by permitting the following: William A Granfield Marrett Rd G: Spring St. NOTICE Lexington Board of Appeals. May 6, 1931. Notice is hereby given that the Board of Appeals of 1 Lexington appointed under General Laws, Chapter 40, section 27, will give a hearing in the Selectmen' s Room, in the Town Office Bui ding on the 26th day of lay, 1931 at eight o' clock P. Q. on the application of William A. Granfield of � G 128 Lexington that the Board vary the application of Section 6 (c) in C.1 Districts and Section 9 of the Lexington Zoning By-law and under Chapter 133 of the Acts of 1gg24, to permit the installation of two 1000 gallon gasoline tanks rith pumps on the premises at • arrett itoad, Lexington. Arthur N. Maddison Chairman, board of Appeals. The application of the Lexington Burial Park Association was taken from the table. The Town of Bedford in which town the Lexington Burial Park Associaticn applied for a permit to operate a cemetery having refused the permit and the large part of this property having been located in Bedford, the Board of Appeals took final action in denying the application of the Lexington Burial Park Association to operate a public cemetery in Lexington as follows: Lex. Burial Park Assoc. The Board of Appeals, acting under General Laws, order. Chapter 40, sec. 27, having received a written petition addressed to it by the Lexington Burial Park Association, 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 Times-Minute Ian, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room in the To n Office Building on the 30th day of December, 1930, at eight o' clock P .M. A majority of the members of the Board of Appeals were present at the hearing . After hearing the evidence offered by the petitioners and such other evidence as was offered, the Board in private session, held June 5, 1931, gave consideration to the subject of the etition and a majority of the Board voted that in its judgment the public convenience and welfa e will not be substantially served by the use of the premises described in the petition and that such use may tend to impair the status of the neighborhood. The Boar( therefore determines that the application of the Lexington Zoning By-law does not permit the use of the premises described in the petition and instructs the Inspector of Buildings of Lexington not to grant a permit therefor. Arthur N. Maddison Theodore A. Custance Roland Su. Baldrey Curlys L. Slocum C. Edward Glynn BOARD OF' APPEALS OF LEXINGTON 127 I, Roland V . Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, II Chapter 40, Section 27, hereby certify that i sent by registered mail on the 11th day of December, 1930 to Louise & Annie DeVitto, Albert I.errarine, Louis duccil Anthony G . & Jeannete A. Salemme, Maria Salemme, Augustas J. Vacaro, Joseph P. & Ida A. Lyons, Joseph R. Latioiel Peter S. Walsh, Patrick Clifford, Amos D. Glawson, Winifred A. Owens, Maurice J . & Catherine F. O' Connor, William F . Condon, Catherizie A. Condon, Anthony Lavelli, George H. Haynes, Bartley Havican, George bolberg, Charles L. Chamberlain, Low Chamberlain, Phillip Gil _ingham, Clement W. D. & Cecelia a. Geary, Ada V. & Ernest B. Norman, James D . & Annie L. Donovan, Jos ph P. Havican, Charles J. & Helen M. Nelson, Lillian Culver, Parker, Norman D. & Amy J. MacIntyre, frank A. & Helen F. Faulkner, Eva Hrones, Sabatino & Anna Iodice, Walter E. & Catherine U. Jones, Frederick J. Mahoney c/o Michael Mahoney, Georgianna Sullivan, Farell E. & Annie L. Thayer, Wilbert & Vera M. Sanford, Harry W. & Mattie A. Eastman, Pietro Nsine, Warren S. Griswold, Geovani Gardini, Ettore Fotini, Edward J . & Electa O. Fairbain, Mario J. & Angela Grovo, Bessie A. Dickey, Charles & Emerson Ernst, Ada E. Berg, Victor E. Erickson, Patrick J . Sullivan, Metropolitan Trust Co. , Trustee, Lexington band & Gravel Co Frank & Kazimira Statsky, Mary DeVitto, Alphonsus T . Bellefontaine, Ramano Bellengi, Edward & Marie Bernasconi, Mary Castellucci, Anna E. Peterson, Loie Dillow, Michael L. Dillow, Michael J. Evans, Martin J. Howard, nary T. Aahoney, John M. Roma, Alfred & i'lorence Russell, Michael J. iiyhlie HaroG . Wright, Philip J . _& nose J. Lynch, Elias L. & Minniia e Grimes, Katherine Gormley, William J . & Maria J . Tright, Evelyn M. Maxwell, Elizabeth Daigle, largaret T . Dahl, Leslie L. Currie, Domenico & Adelina Iovino, Noble C . Identzell, Gabriel c Panfilia Brucchi, Onel & Mary DeFelice, Rose Delfino, Catherine C. Hinchey, John T . Hinchey, Bartholomina Rice, Henry J . Wood et al, Lexington Burial Park Association, Home Guardian Co . , Sadie Kostick, Neil McIntosh, Heirs of Patrick Ryan, c/o Joseph P. Ryan, Lexington Cemetery Commissioners, Edward Wood, Chairman, and also published in tne Lexington Times-Minute Man on December 12, 1934 a notice of which the following is a true copy. Roland W . Baldrey, Clerk, Board of Appeals. Lexington, llass. November 3, 1930. To the Board of Appeals Arthur V. Maddison, Chairman Gentlemen: We nereby request a hearing that we may present evidence relative to a Cemetery in the Town of Lexington. � r; ) = The property we are interested in is described as follows rn Beginning at a point of the Lexington and Bedford Town line. Running northeasterly along the Bedford line 1440 feet more or less, thence turning and running southeasterly 680 feet more or less, thence turning and running southwesterly 1040 feet more or less, thence turning and running northwesterly along Bedford Street sone times known as Main Street 160 feet more or less. Containing about 12 acres more or less. This request is in accordance with Section 9 of the R.1 district Zoning Law. Yours very truly, Lexington Burial Park Association Lexington, .Iass. , P. 0. Box 165 NOT I C E Lexington, lass. , Dec 8, 1930. The Board of Appeals wiLl hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of the property conta .ning twelve acres of land and located on Bedford Street, being known as the Lexington Park property, applied for by the Lexington Burial Park Association, under Section 9 B of the Lexington Zoning By-law and in accordance with Chapter 13.E of the Acts of 1924 for a Public Cemetery on the said premises. The hearing will be held on December 30, 1930 at the Select:nent s Room, Town Office Building at 8 P.M. Arthur N. Maddison Chairman, Board of Appeals. On the application of Mary A. Whelan of 258 Bedford Street for permission to have a tea room and tourist accommodations at that address, the Board decided to notify the abuttors within one-eighth of a mile back on each side of Bedford Street for a distance of one- quarter of a mile each way from the premises for which application was made. The meeting dissolved at 9 45 P .M. A true record, Attest Clerk.