HomeMy WebLinkAbout1933-05-26BOARD OF APPEALS MEETING
MAY 26, 1933.
A meeting of the Board of Appeals was held at the
Selectmen's Room, Town Office Building on Friday, May 269 1933,
at 7:30 P.M. Messrs. Maddison, Baldrey, Glynn, Robbins and
Ferguson were present at the meeting. The Secretary was also
present.
The Chairman reported the results of his conference with
the Town Counsel that the town counsel felt .that since the
Minute -Man Golf Club was not an authorized club that the Board
could not grant a permit. Mr. Maddison stated that the club
was now incorporating and the question of revising their permit
will come up later.
-After discussing the matter in view of the opinion of the
Town Counsel, it was
"Voted: That the petition of the Moody Land Trust of
Boston to permit a club house to sell food to club members and
guests at premises at corner of Concord Avenue and Pleasant
Street be denied."
After discussing the application of Esther R. Barnes for
' permission to erect a two car garage of cement block construction
at 12 Sheridan Street within the twenty -foot set back required
under the Zoning Law, it was
"Voted, that the petition of Esther R. Barnes be granted
for a two car garage at 12 Sheridan Street, to be located in
accordance with the blueprint drawn by Albert A. Miller, dated
May 15, 1933, but to be located not less than ten feet from the
house, the construction to be subject to the Building Laws of
the Town of Lexington".
The permit was signed in the following form:.
BOARD OF APPEALS PERMIT.
She Board of Appeals, acting under General Laws, Chapter
40, section 27, having received a written petition addressed
to it by Esther R. Barnes, 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 16th
day of May, 1933.
' All of the 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 show:
that her lot of land was triangular in shape and the location
on the lot was such that it was impossible to construct a two
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oar garage without encroaching within the twenty foot area ,
from the street line established under the Zoning )BY -Law,
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,
indings;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 statu of the nei h rhood. t i ha
generh Pux'P s e&e x ° fr �e egulaWns�fint er��x: 1�qn h�Y maw.
& 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 unanimously
decides that the application of the said Lexington Zoning By -slaw
is hereby varied so far as may be necessary to permit the
erection of a two car garage at 12 Sheridan Street to belocated
in accordance with the bl%e print drawn by Albert A. Miller,
dated May 150 1933, attached, but to be located not less
than ten feet from the house, the construction to be sub$ect to
the building laws of the Town of Lexington.
The Board hereby makes a detailed record of all its 4
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,offiae
of the Town Clerk of Lexington and shall be open to public
inspection and that notice of this decision shall by mailed
forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under H.L. Ch. 40, Sec, 27)
Arthur N. Maddison
Howard W. Robbins
Roland W. Baldrey
C. Edward Glynn
Charles E. Ferguson
I, Howard W. Robbins, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section 27,
hereby e y that I sent by registered mail on"the 27th day
of April $ ugene T. Buckley, Alexander Quinn, Ruth B. Bradley,,
Henry W. Bliss, Helen Terhune, Mary L. Sullivan, Matthew and
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Minnie B. Stevenson, George W. Spaulding, George E. Smith,
' Katherine A. Ryan, Mary Co & Arthur J. Roeque, Louis J. Reynolds,
John J. and Richard G. McCormack, Marion A. Burke, Eva B. Comley,
Mary A. Douglas, Joseph P. and Mary S. Grace, Charles H.
Harrington, Robert L. Innis and Dougal McLennaa, Anna Knapp,
Elmer•C. and Anna M. Leonard, Maurice P. Ahern, Bertha V.
Pichette, Ralph A. Bartlett, Robert J. and Hannah M. Balmer,
William L. Barnes, John Bullock, et al, Lillian Dalrymple,
J. Loring Douglas, Annie G. McInerney, Patrick and Bridget
McLaughlin, Sarah E. Comley, et al, B3.i�se `1�.4'Crewley, Charles
Franks, Harriett Franks, Paula Franks, Christy Hallos, Emma L.
and Robert H. Hovey, Annie McClure, George C. McKay, Justus P.
Morse, J. Alonzo Moulton, Wal ter H. Peirce, et al, Emelie
DeVeau, Mark Dodd, Etta L. Whiting, Mabel V. Thompson, Alexander
C, and Dorothy A. Parks, John L. Murray, Morris G. McKay, Bridget
Leary, Helen M. Dalrymple, Leora. A. Burke, Beulah M. Butters,
Bartholomew D. Callahan, Dr, William L. and Esther R. Barnes,
Willis Faanks, and also advertised in the Lexington Minute -Man
on April 27, 1933, a notice of which the following is a true
copy. '
Howard W. Robbins
Clerk, Board of Appeals.
April 269 1933,
Lexington Board of Zoning Appeals,
Town dffice Balding
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 of the Lexinggon
Zoning By -Law with respect to the premises at No. 12 Sheridan
Street owned by Esther R. Barnes of Lexington by permitting the
following: Locate garage (2 car) cement block construction,
front to be within 20 feet of street line at one corner
(unaccepted street).
Esther R. Barnes
By Wm. L. Barnes.
N 0 T I C E
Lexington, Mass.,
April 262 1933.
Notice is hereby given .that the Board of Appeals of
' Lexington, appointed under General Laws, Chapter 40,
Section 27, *113agive a hearing in the Selectmen's Room, in
the Town Office Building, on Tuesday, the sixteenth dap of
May, 1933, at 8:15 P.M. on the petition of Esther R. Barnes of
72
Lexington that the Board vary the application of the Lexington
Zoning By-law in accordance with the authority therein con- '
tained 6r in accordance with General Laws, Chapter 40, Seoti'=
27A, by permitting a two car cement block construction garage
within twenty feet of the street line at 12 Sheridan Street,
Lexington .
Arthur N. Maddison
Chairman, Board of Appeals.
The application of George A. Parks of 16 Appleton Street,
Malden was discussed. The application was for permission to
keep, store and sell gasoline in capacity of 4000 gallons in
underground tanks at 863 Mass. Avenue, Lexington.
It was voted to deny the petition in the following form;
The Board of Appeals, acting under General Laws, Chapter 40,
section 27, having received a written petition addressed to it
by George A. Parks of Malden, Mass., 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 inith6 Lexington
Minute -Man, a newspaper published in Lexington, which hearing'
was held in the Selectmen's Room, in the Town Office Building
on Tuesday the 23rd day of May 1933, at 8:00 ofelock 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 at a meeting held May 26, 19333 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 des-
cribed in the petition and .that such use may tend to impair the
status of the neighborhood.
Further, that there is no public necessity for additional
accommodations for gasoline and oil in this vicinity.
The Board therefore determines that the application of
section 6 (c) in C.1 Districts of the Lexington Zoning Byi6
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 therefore.
Arthur N. Maddison
Howard Wo Robbins '
C. Edward Glynn
Roland W, Baldrey
Charles E. Ferguson
BOARD OF APPEALS OF LEXINGTON.
I. Howard W. Robbins, Clerk of the Board of Appeals
of Lexington, appointed unddr General Laws, Chapter 40,
' Section 272 hereby certify that I sent by registered mail on
the 5th day of May, 1933 to Edgar W. Harrod, Lizzie E. Lowell,
Leona O. Truesdell, Elizabeth A. Towne, Mary E. Barnes, Lyman
C. & Christine A. Stewart, Standard Oil Co. of New York, Inc.,
Michael Interante, Annie B. Fraser, Alexander Quinn, Sarah
Gibson, Roland N. & Margaret S. Hayes, Irving P. Locke, John
W, and Annie S. McLearn, Michael Be McCarron, John L. Piehette,
Bertha V. Pichette, Maurice P. Ahern, Edward N. & Esther S.
Baker, Florence M. Daniels, Charles H. Lowe, John M. & Bridget
Me Cotter, Aleah E. C anessa, Esther Be Lee, Richard Be & Jessie
W. Truesdale, Gertrude Pierce et al, Sarah J. Gossom, Hather&ne A.
Russell, Morse L. Walker,, Anna L. O'Hearn, George Sweetland,
Joharma Kennedy, William N. Robbins, James R. Smith, Edward F.
Buttrick, Alice S. Kennedy, Nel son W. Jermey, Joseph Trani, Louis
J. Reynolds, Emily A. Peirce, James & Martha Holt, Roland W. and
Edna Baldrey, Francis D. & Mary E. Tracey, Jane P. Knight, Annie
Pero, Vernon C. & Florence.H. Page, Hattie M. Page, Frederick
M. Ormond, Alice G. Marshall, Ella M. Fletcher, Elvin E. Baker,
William Be & Emily Brown, Fanny P. Crown, William F. Fletcher,
Harry and Bertha G. Hanson, Bartlett J. Harrington, Daniel
T. Kenney, Sarah Be Kew, Edward W. McNamar:, Henry F. Peabody,
Abbey L. Wellington, John Yanuskis and George A. Parks, and
•also advertised in the Lexington Minute -Man, on May 4, 1933 a
notice of which the following is a true copy.
Howard W. Robbins
Clerk, Board of Appeals.
May 30 1933.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:.
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Section 27,
to determine the application of Section of the Lexington
Zoning By -Law with respect to the premises at No. 863 Mass.
Avenue, owned by George A. Parks of Malden by permitting the
following: Retail gasoline and oil station. Keeping, storage,
selling gasoline in four 1000 gallon underground tanks at 863
Mass. Avenue, Lexington, Mass.
George A. Parks
16 Appleton St:beet
Malden, Massachusetts
N O T I C E
Lexington, Mass.
May 3, 1933.
Notice is hereby given that the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section 27,
will give a hearing in the Selectmen's Room, in the. Town Office
Building, on Tuesday, the twenty-third day of May, 1933, at
8:00 P.M. on the petition of George A. Parks of Malden,' lass.,
t hat the Board determine the application of the Lexington zonj*g
By-law in accordance with the authority therein contained V�r in
accordance with General Laws, Chaptdr 40, -Section 27A, by
permitting a retail gasoline and oil station and installation
of Your one thousand gallon gasoline tanks underground at
863 Mass, Ave., Lexington.
0
Arthur N. Maddison,
Chairman, Board of Appeals.
The meeting adjourned at 9:50 P.M.
A true record, Attest:
Clerk.
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