HomeMy WebLinkAbout1931-11-20152
BOARD OF APPEALS
NOVEMBR 20, 1931.
The Board of Appeals held a meeting at the Town Office
Building, November 20, 1931, at 8 P.I+I. Messrs. Maddison,
Baldrey, Glynn, Slocum and Custance were present. The
Secretary was also present.
The hearing was declared open upon the petition of
Joseph V. Boinay for permission to have a roadside stand
on the premises owned by Harry F. Boinay of Natick, at
100 Pleasant Street.
The Clerk, Mr. Baldrey, read the notice of the
hearing as inserted in the Lexington Townsman under date
of November 5, 1931.
Mr. Maddison inquired why Mr. Boinay did not
request a hearing when his permit expired last December.
Mr. Boinay stated that the Building Inspector came
down to his place after the expiration of his permit in
December. The Inspector told him to set his stand back
30 feet, but he informed him that he could not get back
thirty feet. IIe stated that he offered the $10 to the
Building Inspector for the hearing, but he would not take
it.
The Chairman informed him that it was up to him
to make his own application.
Mr. Maddison inquired
had anything to say in behalf
Boinay stated that he did not
asking "in what respect".
whether or not Mr. Boinay
of the application. Mr.
and the proceeded by
Mr. Maddison called attention to the fact that his
permit expired last December. thr.Boinay acknowledged
this fact. Mr. Maddison also called his attention to,
the fact that he was operating without any permit for
a year. he was also asked whether or not he condidered
that he fulfilled the requirements necessary in the permit.
The Chairman called his attention to the fact that he was
granted 41,permit which provided bhe following conditions:
To perm:'t Joseph V. Boinay to maintain a temporary
roadside stand on Pleasant Street on land owned by Harry
F. Boinay for the purpose of selling only the products
grown on this land and the land on Maple Street leased
by Joseph V. Boinay and that said stand be set back from
the property line on Pleasant Street at least thirty
(30) feet, he to provide sufficient parking space
for automobiles; this permit to expire December 31, 1930.
Mr. Boinay stated that the land is all open.
Mr. Maddison inquired, "Did you set the stand back
f Mot
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thirty feet," Mr. Boinay replied, "No. The stand is
back there now though. It is back 32 or 33 feet from the
property line, and has been there two or three weeks."
Mr. Maddison inquired, "Has anything been sold there
other than the products of your land this .Year?"
Mr. Boinay replied, "No."
Mr. Maddison inquired, "Any tonics sold this year?"
Mr.
Boinay replied, "No notvhis year. Only a few
bottles of cider."
The Chairman explained to him that he thought he had
seen tonic bottles there at the stand this year, but he
stated that he bought the tonic last year from a concern
in Arlington, and the Board could call them up and find
out.
Mr. Boinay, "There has been none down there. Last
year I had golf balls, f+nd I got a lot of them up in the
barn there now, almost a bushel. I did not have any tonic
at the stand this year. I sold only one case at the
house this summer and I did rot sell it down there,
I did sell it last year. That was before Mrs. Boinay
got run into and I have not had it since."
In regard to the danger to traffic stopping at this
stand, Mr. Boinay stated that the trouble is that the
street sign is about 11 feet in the air and people stop
to inquire the direction to Belmont and Waltham. The
signs should have these directions and be lowered so card
could see them without stopping. It is not as bad as
last year since that corner was cut off. That corner
should be cut off six or eight feet more.
In regard to the parking on the other side of the
road, Mr. Boinay said that there was not as much this
year as last year. "Once in a while they park there,
but I ask them to drive over," he said. A lot of people
just look the situation over and go alon: Mr. Boinay
stated that if he could dig out the land about twenty
feet back he would have room enough for a car to park
each way, and then there is the long open space on
each side. Mr. Boinay explained how they could drive in
from Mass. Ave., from Belmont and Arlington when they story
fhere.
Mr. Boinay inquired ghat the object is of a thirty
foot set back. He was informed by the Chairman that
this was to enable ample parking space for automobiles
to go between the street and the stand. He stated that
the rnajority of the people that know the stand is there
usually drive over on that side.
Mr. Boinay stated, however, that the "no parking"
signs have helped the conditions, and they are better than they
were three years ago. He has pointed out the signs and they
drive along.
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Mr. Glynn inquired of Pyr. Boinay, "At the time the permit
was granted to You about two Years ago it was specifically
stated that you were not to sell any products not grown on
that; land or on the other plot of land on Maple Street. You
say yourself that you -.°did not conform to this permit. You did
not set the stand back and you sold stuff that you did not
grow, and the permit was issued •vith those two provisions in it.
Now the question comes in my mind you are asking for a new
permit, what guarantee have we that you wontt do the same thing?"
Mr. Boinay stated that he was agreeing to a great deal
more now than he did when he got the permit.
Mr. Glynn informed him that he admitted that he sold
tonic. He agreed to do these things once and admitted
that de did not do them.
Mr. Glynn said, "You did not grow golf balls and you
had tonic out there. That was distixnictly contrary to the
permit and what you agreed to do. What is there to nake us
think that you would live up to the permit if it was granted to
you again. You have not had a permit this year and you are
contrary to law altogether. You have not lived up to the permit
because you have not gone back thirty feet."
Mr. Boinay stated that he moved his stand back three weeks
agog His attorney Mr. Holland asked him to put it back. He
inquired what he could put up for a cover. He explained that
he had nothing to sov r the stand and that he could not get back
more than five feet 8f he would not have the trees to protect
his stand. He stated that he asked Mr. Custance if he could
put up a shed and he stated that he didn't th'nk they would
grant him a permit. He asked Mr. Longbottom if he could put up
a cover over the stand, some kind of a shelter, He wanted
something for protection from wind and rain. He was informed
that he would have to put up some kind of a stationary building.
In regard to Mr. Glynn's question as to what assurance
they would have that he would conform, he stated "I do not see
how I can guarantee anything only my word."
Mr. Boinay was questioned as to why he didn't apply for a
permit when hie permit expired. "You had the permit that stated
that it expired Dec. 31, 1930, and notice was sent to you that
it was expiring, so that you had notice that it had expired."
Mr. Boinay stated that the Building Inspector came
down there and asked him to sign a petition. He came there
in January, 1931. He came down right after the first of the
'rear.
The Board, "When you were awate that you were doing
business without a permit."
Mr. Boinay, "Yes."
The Board, "Was your attention called to this any
other time?"
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Mr. Boinay stated that the Building Inspector came
there bbout two months ago, it might be three, but not over.
I said to him, "I will give you the W10, but how am I
going to go down there thirty feet. If I do go down further
I will have to have a building. He stated he would find
out, and I didn't hear anything further."
Mr. Boinay inquired if he could get a p rmit,
and if he could put up some kind of a shelter.
The Board then discussed with Mr. Boinay the
possibility of setting back thirty feet. Ydr. Boinay felt
that he had his driveway for parking and them was room
enough for three of four cars to park there easily, and the land
is open for 600 feet. He stated that he has two signs there
for people to drive into his drive. he stated that there was a wire
fence that separated his property farther down on Pleasant St.
Mr. Boinay stated that if the permit is granted he
would level the land in front of the stand and construct a
driveway for parking of cars.
Mr. Boinay felt that there was sufficient room without
setting back thirty feet for people to come into his property.
He stated that Ur. Holland suggested his putting up three signs.
He felt that there was room for fifteen or eighteen cars without
setting bac thirty feet.
Mr. Glynn drew a sketth of the location and there was a
general discussion about setting back the stand and the access
to it.
Letter from Mrs. Emily N. Saul was read by the Board,
also a letter fro-. Lucy D. Walsh in opposition to any change
in the Zoning By-laws. No one else appeared in opeositien.
The hearing was then declared clos-d at 8:52 1.M.
The Board then discussed the application.
The Chairman stated that the Town Uounsel informed him
that the Board of Selectmen authorized him to get an Injunction
against Mr. Boinay,
Mr. Boinai1s counsel had discussed the question and
agreed that Mr. Boinay would apply for a permit this '-ear, and
apply again next Tr ear. rye thought they had in mind setting
back about twent'r feet.
It was the sentiment of the Board'that this now be
referred to the Chairman and the '-Cown Coun'et.' to draw up such
terms and conditions as they feel will be proper and binding.
b(r. Uustance suggested that the Town Engineer go down
to Mr. 3oinay's and set stakes ten and twenty feet back from
the street line maki_n€; a total setback of thirty feet. The
Board might vieW the stskes.
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It was therefore voted that the matter be Jaid on
the table until such time as the premises be examined when
the stakes are in locationl
In connection with the application of Mr. John Lamont
requesting perihission to serve meals to the public at the
Mohawk Country Club the Board discussed the ratter of an
amendment to the Zoning Law, and it was voted that the point
of view of the Board of Appeals in relation to amending the
Zoning By-law is that they do not favor any amendment and
that such cases that are taken up under the present by-law
be acted upon under the General Laws.
The subject of the petition of Mr. Lamont of October 21,
1931, and the hearing which was held November 6, 1931, was
discussed, and it was the opinion of the Board that the petition
was incorrectly drawn to grant the relief desired by the
petitioner, and it was decided that he should be so informed and
the suggestion made that if granted it would be under Chapter 133
of the Acts of 1924, and if he deisred another hearing the
Board would grant the same without expense to him.
The Chairman directed that a letter be sent to Mr.
Lamont in this respect.
Mr. Custance broughtup the situation wh'ch arose in
connection with the layout of the property now owned by James
H. Smith, formerly owned b7- Fred. H. Moulton, and located off
Mass. avenue between L,cust Avenue, There is a lot having a fron-
tage of 73 feet and an area of over 7500 feet, and this plan
of the lotting has been approved by the Board of Survey. It is
a matter that was overlooked by the Board of Survey inasmuch
as the requirement of the Zoning Law is that all lots have a
frontage of 75 feet and an area of 7500 feet.
Mr. Custance explained that under the Zoning Law the
Board of Appeals have the right if the topography or other
conditions make it difficult to have the regual tion lot size
the Board may grant permission to alter the lot. He explained.
that there were four lots in the development that were smaller
than the size required by the Zon'ng Law.
The Board felt after looking at the layout that the lines
could be changed to meet the Zoning Law, however there was one
lot Mr. Smith desired to make application for a change.
The matter was referred to the Chairman to take up with
the Town Counsel.
A true copy Attes
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