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HomeMy WebLinkAbout1932-12-22BOARD OF APPEALS 1-4EETING tecember 22, 1931. The Board of Appals held a meeting In the Selectmen's Room, 'Town Office 'wilding, at 8,o'clock P.M. The majority of the Board of Appeals being }Oresent. Jenney Company Petition. Hearing joint with Board of Selectmen.; The hearing was opener. by Chairman of Selectmen. The Clerk of the Board of Appeals read the notice of the hearing at 8.00 P.I4. Mr. Harwood representative of the Je ney Co. spoke in favor, explaining that the company desired to install an additional pump with tank for 1000 gallons of gasoline in order to be able to sell another grade of gasoline at its station located at the easterly corner of 'AJaltham Street and Marrett !toad, He said it was the company's intention to install a group pump such as this company had installed in their stations about Boston. No one appeared in opposition. Hearing of John Lamont. The Clerk read the notice of the hearing, Mr. Lamont spoke In favor. He had no evidence to add in addition At the hearing held 6n November 6, 1931. Mr. Lamont said that he understood that the permit, if granted, would run from ,year to -=ear and that I he would have to apply yearly for a permit. No opposition was offered. The Board in private session discussed the petition of the Jenney Co. It aas voted that the permit be granted as follows* The Board of Appeals, acting under Ueneral Laws. Chapter 40, Sec. 27, having received a written petition addressed to it by Jenney Mfg. Co. a copy of which is hereto annexed, held a public hearing; thereon of which notice was mailed to the n_etitioner and to the ownors of all property deemed bTr the '3oard t6 be affected thereby as they ap-oear on the most recent local tax list and also advertised th= the Lexington Times Minute Man a newspaper published in Lexington, which hearing was held in the Selectmen's Hoorn, in the Town Office Building on the 2nd day of December, 1931. A majority of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show,, that the petitioner desired to install an additional pump for gasoline and one 1000 gallon gasoline tank at its filling station located at the easterly corner of Waltham St, and Marrett hd. No one appeared in opposition. ' At the close of the hearing the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings; r EMU 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception requested. !',.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. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would involve practical difficulty and unnecessary hardship and the relief requested may be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to perm_.t the installation of such additional pump and tank, said pump to be located on the existing island where the present pumps are now located. The Board hereby makes a detailed record of all its proceedings 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, including that herein summarized, and directs that this Jrecord 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 this decision shall be mailed forthwith to each party in interest, BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch. 401 Sec.27) Arthur N. Maddison Roland W. Baldrey Theodore A. Custance Curlys L. Slocum C. Edward Glynn I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 271, hereby certify that I sent by registered mail on the 3rd day of December, 1931 to Thomas Brown, John W. Riley, Hallie C. & Lulu M. Blake, James Cook, Annie Lampr.on, ^nnie Katkoff, John E. Hurley, Bertha L. Hill, Ashley 'N. Partridge, Joseph MacDonald, Charles IM. & Robert L. Hyder, Tra. Fritz '.Nihtol, Thomas G. '4hiting, George G. Whiting, Finnie M. Ryder, Mary E. Lowe, Clary & Margaret S. McKenzie, John J. Malloy, Jean M. & Charles M. Berry, Neil IilcIntosh, Tr. North Camb. Co-operative Bank, ' Anna M. Gott, Lex. Co-operative Bank, Hobert Gozzi, Antonio Umbrello, Etta.C. Torsleff,, & Herbert W., Marshall L. & Alice L. Tebbetts., Eliza H. Syme, George E. Swanson, Wil -1 -am H. Smith, Joseph H. & Susannah Porter, David A. Rix, Martha J. Ensign, Lrvin x. Dix. -James J. Chutsanis, John Cerullo, Louise J. Carter, James E. Carroll, Edna J.Arnold Fred Bailey, Ella R. Barker, Eleanor M. Bourque Susanna Brown, William F. & Jennie -ti. Downe, Lois M. Durling, 'age Frey, Sarah Greav�a. Elizabeth T. Kedfe, Della T. Lutes & Ethel A. Wright, Mary J. & ' Anna U. Marshall, Charlotte L. & Helen G. Murphy, Josephine Nunan, Jennie M. Partridge Lizzie M. Porter & Mary E. Brown Thomas & Matilda Davison, Ralph E. & Alice Deloid, Frederick PA. Connor, Vere C. Champlin, William O'Connor, Frederick D. Cook, George K. & Henrietta C. 'Watkins, Standard Oil Co. of New York, Edward F. Rogers, Niram xossman, Henry Saarm, Howard I. & Ne17 ie M. Saunders, Donald McKinnon, aviary McKi4non, 14elissa J. Dykman, Edward Crouch, Lawrence C. Saunders, Jefinett L. Bennett, George A. Givan, Charles A. & Nancy R. Lytle, John H. & Phyllis Shaw, George V. & Nora G. Hunt, Aubrey F. & ®adl&-i77. Caldwell, James M. & Marguerite Coma, Clarence E. & Cktherine M. McElman, Jeanette B. Fountain, Warren S. Grant, Maria Irwin, Ralph U. & Florence V. Cox, Patrick Malloy, Thomas H. Malloy, Jdn D. Craig, Frances H. Ryan, Ida H. B. Capper, Mable D. Beers, nary F. Buckle`.*, Ames Munroe, Grace L.+Yinckleq, Edgar W. & Marion B. Houghton, Helen �. - Houghton, genney Mfg. Co., and also published in the Lexington Times Minute Man on December 4, 1931 a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. Lexington, December 2, 191,31. Lexington 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 determine the application of Sectio -1 _ 6 (c) of the Lexington Zoning By-law with respect to the premises at 'uValtham St. & Marrett Rd., owned by Jenney Mfg.. Co. of Boston, by perm'tting the following: Install and maintain an additional one (1) thousand gallon tank for storage and sale of gasoline. Jenney Mfg. Co. (Signature) 12 India St., Boston. (Address) N O T I C E December 3, 1931. The Board of Appeals will hold a hearing on the matter of determining the matter of t' -ie application of the Zoning Law by permitting the in- crease of 1000 gallons of gasoline additional storage at'' -the filling station owned by the Janney Manufacturing Company of Boston, located at the corner of Waltham Street and Aarrett Road, Lexington, under Section 6 (c) in C.1 llistrifts and Section 9 of the Lexington Zoning By-law and in accordance with Chapter 133 of the rcts of 1924. 1 1 The hearing will be held on December 22, 1931 at B.P.M. at the Selectmen's Froom, 'Town Office Building. Arthur N. Ifaddison Chairman Bd. of App. The Board in private session discussed the petition of John Lar ont. It was voted that the applic-:tion for a permit by John Lamont to serve meals to the public at the Mohawk Country Club be granted as follows: The Board of Kppeals, acting under General Laws. Chapter 403, Sec. 27, having received a written petition addressed to it by John Lamont R copy of which is hereto annex d, held a public hearing thereon of which notice was railed to the petitioner and to the owners of all property deemed by the 3oard to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington T2ir_es Minute flan a newspaper published in Lexi ngt')n, which hearing was held in the Selectmen's xoom, in the Town Office Building on the 22nd day of December, 1931. A majority of the Board of Appeals were present at the hearing. h certificate of notice is rereto annexed. At this hearing evidence was offered on behalf of the petitioier tending to show: that the petitioner, John Lamont was the owner of the prop?rty known as the "Mohawk Country �lub4,located on Cary Avenue, and that he desired permission to serve meals to the ?)ubllc at the club house. No one appeared in opposition. At the close of the hearing the Board in private session 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 requested. 2. That the exception requested will not tend to impair the status of the neighborho^d. 3. That the exception requested will be in harmony with the general purposes and intent of the reguliktions in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in questi(r) would involve practical difficulty and unnecessary hardship and the relief reclaestd may be granted withovr substantially derogating, from the intent and purpose of such Lexington Zoning 37-ljw. Pursuant to the said findings, the Board mously decides that the application of the said Zoning By-law is hereby varied so far as may be per;ni t hereby unani- Lexington rnc�cessary to John Lamont to serve meals for remuneration at the Mohawk Country Club House for a period of one ,year beginning Jan. 1, 1932, subject to the following conditions:- (a) no sign ' in excess of four (4) sq. ft. in area shall be displayed in connection with the club, (b) no structural alternatioor_ additions are -to be made to the club house as now existing. �:rfJ The Board hereby makes a det!�iiled record of all its proceedings 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, including that herein su-n-arized, and directs that this record immediately follm�fink; th's d6cision shall be filed in the office of the Tovn Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under U.L. Ch. 40, Sec.27) Arthur N. Maddison Roland W. Baldrey Theodore A. Custance Cu:lys L. Slocum G. Edward Glynn I, Roland 'N. Baldrey, Clerk of the Board of 4'ppeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by registered mail on the 3rd day of December, 1931 to John P. & Martha A. Gorman, Charles R. McLaughlin, Charles "I. Ryder, Lillian L. Stimson, Neil McIntosh, Catherine F. Miagurn, Alexander Holmes, Saunder.son H. Dunlop, Anna R. & Mary J. MarshAll, Charles Hayden Elisa Lamont, Clyde E. Steeves, et al Trustees, Mohwwk Club, 6harles w. Ryder and " obert L. xyder, Trustees,' Charles 0. Nichols, George F. McLaughlin, John Lamont, and also published in the Lexington Times i4inute P.4an on December 4, 1931 a notice of which the following is a true copy. Roland W. Baldre Jerk, board of Appeals. November 30, 1931. Lexington Board of Zoning tippeals Town Office Building Lexington, Russ. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under Beneral Laws, Chapter 40, Section 27, to vary= the application of the Lexington Zoning; By-law with respect to the premises at Mohawk Country Club, Cary Avenue, owned biz him by permitting the following: serving of meals to the public. John Lamont (signature) Cary Avenue (Address) N 0 T I C E December r 3, 1931. Lexington Board of mooning Appeals. The Board of hppeals ,vill hold a hearing on the -atter of varying the application of the 'Zoning Law by ernittinc^ th serving; of meals to the public, at the Mohawk �ountry Flub located on teary Avenge, Lexington, glass., in accordance with Chanter 133 of the iicts of 1924. The hearing will be held on December 22, 1931, at 8.15 P.M. at the Conference Room, 'Town Office Building. Arthur N. L4addison Chairman, Board of Appeals. The minutes of the meeting under .,ate of Nov. 20, 1931. were read and approved as corrected. A letter from the Town Counsel dated Dec.22, 1931 regarding the application of James R. Smith for variation of certain lot lines was read and the secretary of the Board was requested to return Mr. Smiths application and check and inform him that in the opinion of Counsel the Board of Appeals ' would -not have jurisdiction to act on the matter unless it comes before it on appal from the decision of the Building Inspector or an application for permit to erect a specific building. The subject of the petition of Joseph Boinay was considered, and it was voted that the petition be denied as follows: - The Board of Appeals, acting under General Laws Chapter 40, lee. 27, having received a written petition addressed to it by goseph V. Boinay 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 Townsman a newspaper published in Lexington which hearing was held in the 5electments Room, in the ''own Office Building on November 20, 1931. A majority of the Board of Appeals was present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show; that he be granted ano�zther permit for a ---- - ' roadside stand at 100 Pleasant St. -hat he was granted a permit for one (1) .year expiring Dec. 31, 1930, with certain restrictions, which restrictions had not been complied with; that furthermore the petitioner had been occupying the stand without a permit during 1931; that traffic conditions at this point are very dangerous. 1-6.,! No one appeared in opposition, but two letters were received protesting. At a. meeting held Dec. 22, 1931 the Board in private session gave consideration to the subject of the petition and voted in favor of the following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony tith the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not Involve practical difficulty and unnecessary hardship and the relief requested rray not be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of Joseph V. Boinay. The Board hereby makes a detailed record of all its proceedings 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, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the 'sown Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON 1 1 (Appointed under G. L. Ch. 400 sec.27Y Arthur N. Maddison C. Edward Glynn Theodore A. Custance Cutlys L. Slocum I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by registeres-mail on the 4th day of November 1931 to Pasquale & Hermina Luongo, Clarence H. Cutler, James F. & Lillian D. Moran, Patrick J. Shannahan, William P. ' Sawyer Gdn., Sarah B. VanNessj J. Alexander ?Milson, Ernest H. R. Burroughs, David F. Owens & Ste.hen J. Harrington, Lucy D. Walsh, Emily A. Saul, Lucian I. & lizabeth Pingree, Ernest & Martha L. Jones, Pauline E. Bartlett & Elizabeth A. McLaughlin. Esther P. & Neil H. Borden, Nary D. Hatch, ,George DIY. Norton, Joseph V. Boinay, Harry F. Boinay, and also published in the Lexington Townsman on November 4, 1931 a notice of which the following is a true copy. I 1 1 Roland 11. Baldrey Clerk, Board of Appeals. October 31, 1931. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, apuolnted under General Laws, Chapter 40, Section 27, to vary the application of Section 9F of the Lexington Zoning By-law with respect to the premises at No. 100 Pleasant Street, owned by Harry F. Boinay of Natick by permitting the following: Roadside stand'. Joseph V. Boinay (Signature) 100 Pleasant St., ( Address) N 0 T I C T Lexington, Mass. Nov. 4, 1931. The Board of Appeals will hold a hearing varying the application of the zoning law by pe the premises at 100 Pleasant Street, owned by ii of Natick, for a road -side stand under section Lexington Zoning By-law and in accordance with the Acts of 1924. The hearing will be held on in the Selectmen's Room, Town Office Building, on the matter of r•mittngthe use of arry r'. Boinay, 9F of the chapter 183 of November 20, 1931 at 8 P.M. Arthur N. Maddison Chairman, Board of Appeals.