Loading...
HomeMy WebLinkAbout1937-01-06252 BOARD OF APPEALS MEETING January 6, 1937. A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, Lexington,,at 7:30 P. M. Chairman Maddison and Messrs. Ferguson, Robbins and Glynn were present. The Secretary was also present. The meeting was called to discuss the petition of Calvin W. Childs for permission to erect a gasoline filling station at the junction of Watertown Street and the Concord Turnpike. The Chairman read a statement which he had received from Mr. John H. Devine, Attorney, stating that he was authorized to say that Mr. Childs was willing to forego the use of the land other than that upon which the filling station wax to be located for any use other than those allowed under R.1 Dis- tricts, upon the provision that he would be allowed to main- tain an automobile show room so long as any portion of the land is used for filling station. The Chairman stated that he had showed the letter to Mr. Lyons, who said that he would be willing to approve the granting of the permit upon those conditions if the rest of the Board.was so disposed. The Board felt that if the agreement was accepted and the permit granted, it should be granted subject to certain restrictions, such as the set -back of pumps, length of time the permit was to run, etc. It was the sense of the meeting that if Mr. Childs would sign an agreement to be drawn up by the. Town Counsel which was substantially as stated in Mr, Devine's letter, and would agree to such restrictions as the Board wished to impose, the permit should be granted. The Chairman stated that he would request the Town Counsel to draw up such agreement and send it to Mr. Childs. The meeting adjourned at 8:30 o'clock P. M. A true record, Attest: I, Howard W. Robbins, 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 26th day of November, 1936, to Francis and Mary Matulaitis, Edward I. and Meyer Berman, Antonio and Mary ohella, Aristides A. Stathopoulos, Samuel Smorack, Esther Berman, Annie Bornstein, David H. Govenar, Tr., Nellie H. piano, Walter H. Lennon, Arlington Five Cents Savings Bank, Pasquale and Hermina Luongo, Catherine C. Vvhalen, Medora R. Crosby, Ragna H. Goodmansen, Hugh Wyllie, Catherine Irwin". Anna Hellman, John J•. and Catherine Coleman, Arthur W. Johnson, Catherine J. and Margaret R. Mc'saac, Karl and Mary Schmid, John J. and Eileen McCarron, Thomas and Honora Sullivan, Watertown Co-op. Bank, Blackstone Savings Bank, Helen Bloustein; Mary A. and Pasquale Tarrazzana, Joseph Lassof, et als, tinna Oaron, Gertrude Govenar, Leo A. & Eva Boynton, Emil Zacharias and Vartha C., William J. Roberts and Julia M., Joseph bE,lanoff, et al, xnna Goloboy, Helen 11. and Thomas E. Ahern, Ida F. Landon, Mary A. Shea, Mary and Anna Canty, Minnie S May, Lexington Co-op. Bank, Norman C. and Howard B. I'Aeming, Victor -'. & Ida P. Erickson; Cora E. Davies, Bernard C. and Melita M. Nickerson, William T. and Florence E. McCarthy, Esther R. M.,Hedburg, Ivar Johnson, Mary Blight, Allan J. MacGillivray, Jennie C. Parker, Frank J. and Mary E. Thompson, Mary E. Boyce, Margaret G. Healey, James W. and Alice P. Lowry, Fannie L. Mallett, Mary 0. Sousa, Francis P. Stymest, and Harry E. Johnson, and also advertised in the Lexington Minute -Man on November 25th, 1936, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals November 24, 1936. Lexington Board of Zoning Appeals Town office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40 Section 27, to vary the application of section 9 (B) of the Lexington Zoning By-law with respect to the premises at lot #37, Cary Street, owned by Harry E. Johnson of Arlington, Mass. by per- mitting the following: The use of the lot for the construc- tion and maintenance of a house. Harry E. Johnson Signature 50 Brighton St. ' Belmont, Mass. 250 w� N O T I C E November 23, 1936. , The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Harry E. Johnson, and located at Lot #37, Cary Street, the use of the lot for the construction and maintenance of a house, under the Lexington Zoning Law or in accordance with Chapter 40, section 27A of the General Laws and amendments. The hearing will be held at the Selectmen's Room, Town Office Building, on December 16, 1936 at 6:00 o'clock B. M. Arthur N. Maddison, Chairman, Board of Appeals. Mr. Kimball retired, and Mr. John A. Lyons, Associate Member, replaced him on the Board to discuss the petitions of D. J. O'Connell -and Calvin W. Childs. The Chairman stated that the Town Counsel drew up an agreement relative to Mr., O'Connell's property to the effect that it would be used only for the maintenance of a gasoline filling station, and other uses.permitted in an R.l district. The agreement was read by the Chairman. He said that he sent ' a copy of the agreement to Mr. O'Connell's office in Boston on Dec. 15th, and told him that the Board of Appeals was going to meet on the 18th, but he had heard nothing from Mr. O'Connell. He suggested that, under these conditions, the petition be held over until he had had a reply from O'Connell, I4r. Glynn moved that the O'Connell petition be laid on the table. Mr. Lyons seconded the motion, and it was so voted. The Chairman read a letter which he had received from C. 11. Childs which stated that he was very much puzzled by the attitude of the Board in refusing to issue a permit for the maintenance of a gasoline filling station at the junction ' of Watertown Street and the Concord Turnpike. He requested that a meeting be held in the near future so that a permit might be issued. The Chairman read a letter which he had written to Mr. Childs stating that the matter would be dis- cussed at tonight's meeting. The Chairman informed the Board that Mr. John Devine, Attorney, had called on him and discussed the matter. Mr. Glynn stated that he was opposed to allowing both general business and a gasoline filling station on this lot. The Chairman remarked that the Town had already changed the lot to a business zone. Mr. Glynn said that although it had, the Town had since ' voted to have T.1 Districts, and the one person whose petition for a change in the zone went through atthe same meeting had already agreed to have his land changed to the T.1 zone. (Peterson) The Chairman said that in the O'Connell case, the Town Counsel thought that the Board was exceeding its rights in asking that the rest of the lot not be used for business, and so of course this opinion would also apply to the Childs' petition. Mr. Glynn said that his normal reaction to allowing a gasoline station at this particular place would be contrary. Mr. Lynns moved that the petition be laid on the table. .N'r. Glynn seconded the motion, and it was so voted, unanimously. The records of the November 27th meeting were approved The meeting adjourned at 9:25 P. M. A true record, Attest: Clerk. 1 1 251 252 BOARD OF APPEALS MEETING January 6, 1937. A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, Lexington,,at 7:30 P. M. Chairman Maddison and Yessrs. Ferguson, Robbins and Glynn were present. The Secretary was also present. The meeting was called to discuss the petition of Calvin W. Childs for permission to erect a gasoline filling station at the junction of Watertown Street and the Concord Turnpike. The Chairman read a statement which he had received from Mr. John H. Devine, Attorney, stating that he was authorized to say that Mr. Childs was willing to forego the use of the land other than that upon which the filling station wawa to be located for any use other than those allowed under R.1 Dis- tricts, upon the provision that he would be allowed to main- tain an automobile show room so long as any portion of the land is used for filling station. The Chairman stated that he had showed the letter to Mr.' Lyons, who said that he would be willing to approve the granting of the permit upon those conditions if the rest of the Board was so disposed. , `The Board felt that if the agreement was accepted and the permit granted, it should be granted subject to certain restrictions, such as the set -back of pumps, length of time the permit was to run, etc. It was the sense of the meeting that if Mr. Childs would sign an agreement to be drawn up by the Town Counsel which was substantially as stated in Mr. Devine's letter, and would agree to such restrictions as the Board wished to impose, the permit should be granted. The Chairman stated that he would request the Town Counsel to draw up,such agreement and send it to Mr. Childs. The meeting adjourned at 8:30 o'clock P. V. A true record, Attest: ClerkG�Jr�"�"-` 1