HomeMy WebLinkAbout1937-01-22`�58
BOARD OF APPEALS I!"hE`i'II�G
January 22, 1937.
A meeting of the Board of Appeals was held in the Sel-
ectmen's Rood, Town Office Building, at 7:30 P. 1J. o'clock.
Chairman IJ,addison and PRessrs. Robbins and Glynn were present.
The Secretary was also present.
The records of the meeting; held on January 8th were
approved.
The matter of the petition of Calvin W. Childs for
the erection of a filling station for storage and sale of
petroleum products on the land at the junction of Watertown
Street and the Concord Turnpike adjoining land now or for-
merly of Pilary D. Hatch was discussed, and an agreement with
the `Down of Lexington, Peary D. Hatch, and George ii. Horton,
dated January 20, 1937 and executed by Mr. Childs was pres-
ented, in which he agreed that so longi; as any automobile
fillinc; station is maintained on any part of his said land,
the part which is not used for a gasoline, oil, and greasing
station and other automobile accessories, and for an auto-
mobile show room in conjunction with such filling station,
shall be used only for purposes for which from time to time
land in an R. 1 District under the Zoning By -Law of Lex-
ington may be used.
Upon motion of 1}'r. Glynn, seconded by t?r. `obbins,
it was unanimously voted to grant the petition in the follow-
ing form, Mr. Lyons and Mr. Ferguson requesting to be re-
corded in favor: ti
The Board of Appeals, acting under General Laws, Chapter
40, sec. 27, having received a written petition addressed to it
by Calvin W. Childs, 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 re-
cent 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 20th day of October, 1936.
One Associate and four members of the Board of Appeals
were present at the hearing. A certificate of notice is here-
to annexed. At this hearing evidence was offered on behalf
of the petitioner tending to show:
That he desired to erect and
station for storage and sale
presented a plan and picture
including the building.
maintain a gasoline filling
of petroleum products, and he
showing the proposed lay -out,
Objection was offered to the granting of the petition by
two owners of property in the neighborhood who felt that it
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would depreciate the value of their property.
At the close of the hearing, and at subsequent meetings,
the Board in private session gave consideration to the subject
of the petition, and on January 22nd, 1937 voted unanumously
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 neighborhood.
3. That the exception requested will be in harmor;y with
the general purposes and intent of the regulations in the
Lexington Zoning By-law.
4. That owing to conditions especially affecting the
said parcel but not affecting generally the Zoning district
in which it is located, a literal enforcement of the provisions
of the Lexington Zoning By-law as to the locus in question
would involve substantial hardship to the petitioner and that
desireable relief may be granted without substantially deroga-
ting from the intent or 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
permit: Calvin W. Childs to construct and maintain a filling
station for the storage and sale at retail of petroleum pro-
ducts, a lubricating station and accessory uses, the lot td
be laid out substantially in accordance with a plan of Willard
B➢ Brown, Architect, dated September 29, 1936; the building to
set back about 150 feet from the junction of Watertown Street
and the Concord Turnpike, and to be located substantially in
the middle of the lot; and to be substantially as shown on a
crayon sketch presented to the Board at the time of the hearing,
which plan and sketch are filed with the records of the Board
of Appeals. TtLe gasoline pumps are to be located in the tri-
angular lot directly in front of the building above referred
to. This permit is granted on the further condition that the
premises are to be kept in a neat and clean condition, and
that no second-hand automobile parts or accessories are to be
kept or stored outside the building, that no lighting system
is to be used which will be a nuisnce to the neighborhood,
and that all signs are to be neat and in keeping with the
character of the building to be erected.
' The Board hereby makes a detailed record of all its
proceedings relative to such petition and hereby sets
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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 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. 40, Sec.27)
A. N. Maddison
C. Edward Glynn
Howard W. Robbins
John A. Lyons -
Charles E. Ferguson
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 2nd day of October, 1936, to Peter and Elsie Johnson, Amelia
Prilgausky, John G. and Kazimena Yudis, Patrick J. Gilligan,
Louis Yosgandes, Pauline Tahne, Libba Anson, Lizetta Good,
Adam Good, Bernice B. Cronkhite, Mary D. Hatch, Fannie W. Hut- '
chinson, George W. Norton, Willard E. Robinson, Esther P. and
Neil Borden, Willard E. Robinson et al, trs. Belmont Springs
Tr., Rev. John A. Bowman, Ernest DeVincent, Mrs. Sarah A. Cutler,
Ernest H. R. Burroughs, Harry F. Boinay, Lucy H. Maloney,
Patrick J. Shanahan, John M. Miskell, Henry C. Packard, Biagio and
Augustina Tambascia, Henry S. Moody, ArthuCUF. and Edwin W urlys
Hutchinson, Walter M. and Anna M. Pease Curlys`L. Blocum.9 Jr.jSlocum
and Calvin W. Childs, and also advertised in the Lexington Minute -
Man on October 1st, 1936, a notice of which the following is a
true copy.
Howard W. Robbins
Clerk, Board of Appeals
Sept. 24, 1936.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the LeAington Board of ,
Appeals, appointed under General Laws, Chapter 40, S ection 27,
to vary the application of section 6c of the Lexington Zoning
=say -law with respect
Watertown Street and
of Lexington, Mass.,
of a filling station
products.
to the premises at the junction of
Concord Turnpike owned by Mary D. Hatch
by permitting the following: The erection
for the storage and sale of petroleum
NOTICE
Calvin W. Childs (Si nature)
409 Mass. Ave., Lex. (Address)
September 30, 1936.
Lexington, Mass,
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 Mary D. Hatch, and located at the junction
of Watertown Street and the Concord Turnpike, a gasoline fill-
ing station, under the Lexington Zoning Law or in accordance
with Chapter 40, Section 27A of the General Laws and amendments.
The hearing will be at the Selectmen's Room, Town
Office Building, on October 20, 1936, at 8:15 P. M.
Arthur N. Maddison,
' Chairman, Board of Appeals.
The meeting adjourned at 8:40 P. M.
A true record, Attest: -ate/ 11 -.-
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