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HomeMy WebLinkAbout1938-01-31' 30ARD OF APPEALS I-0IEETING January 31, 1938 A meeting of the Board of Appeals vias held in the Select- men's Room, Town Office Buil din;, at 7:30 P. P1. Chairman b4ad- dison and Tuessrs. Glynn, hirnoall and Ferguson were present. The Secretary was also present. The records of the meeting held on January 14th were de- clared approved. Upon motion of Mr. Glynn, seconded by Mr. Kimball, it was voted to grant the petition of Charles V.I. Ryder in the following form: BOARD OF APPEALS PEE4IT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having: received a written petition addressed to it by Charles IN. Ryder, 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 -Tuan, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town office Building on the 14th day of January, 1938. Three members of the Board of Appeals were present at the hearing. A certificate of notice is hereto afinexed. At this hearing evidence was offered on behalf of the petitioner tend - in to show: That Charles , N. Ryder rents the house at 24 :Maple Street and would like to have a permit to rent horses for riding pur- poses; that there had always been horses kept in the barn on the premises; and that the horses would be ridden almost en- tirely on the premises, through the several roads in back of the buildings, the property consisting; of approximately 150 acres; that T: r. Barker is the tenant and would run the school; that not more than seven or eight horses at the most would be kept on the premises; that there is ample parking space on the premises so that cars would not be parked on the street. Three of the neighbors appeared in opposition, one fearing that the proposed occupancy would create a change in the district. They did not oppose the riding school as such, but feared some- thing similar to the pony riding school on 'Joburn Street would ' develop, and this would be objectionable and a detriment to property in the vicinity. 92 1 At the close of the rearinc; the Board in private session on January 31, 1038 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 viill 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 harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That ovring to conditions especially affecting the. said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the pro- visions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. ' Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Minnie X. Ryder, wife of Charles Vi. Ryder, to use the premises at 24 Maple Street for the ourpose of renting riding horses, subject to the following conditions; 1. That sufficient space shall be maintained in such con- dition that it can be used for the parking of customers' automobiles, and that no parking of customers shall be per- mitted in the entrance to 24 Maple Street nor on Maple Street. 2. That not more than eight riding horses shall be kept on the premises for use of customers in riding; i. That no signs except those approved in writing; by the building Inspector scall be permitted on the premises; 4. That customers using the horses shall not be permitted to ride the same between the buildings and N-aple Street, or land adjacent to Maple Street, except in going to or from the stable; 5. That no pony riding school for children shall be main- ' tained on the premises; Me ' 6. That this occupancy of the premises shall be carried on in such a manner as will not be objectionable to the neigh- borhood; 7. That this permit shall expire on February 1st, 1(0139. The Board 'hereby makes a detailed record of all its pro- ceedings 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 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 APPLALS Or LLyI': 7-OIk (Appointed under G. L. Ch. 403 Sec. 27) ARTITUR PI . MADDI SOIT CHARLES E. FERGT7SOPi EDWARD 'v`d. KIMI ;ALL C . E94ARD GLYN I Ii0''ItiARD :.. R0 -j-- I, Edward ;" . Kimball, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailinE on the 3rd day of January, 1938, to Charles H. Scho- field, Helen �3iggins, Ivartin and Catherine Casey, John T. Cos- grove, A. Elizabeth Day, Emily L. F. Eelles, James S. T.%tont ague, 14innie Iii. Rder, Ivlary 'Pr'. Duffy, Edward L. 'Tyler, George E. Ham, Charles P. anA stine, George Nelson, Mary E. Gaffey, Samuel B. Chapman, Charles '0. and Robert L. Nyder, Trs., Elmina and Howard Munroe, Boston & Lowell R. R. Corp., Joseph. Breck & Sons, Corp. and Earl Barker, and also advertised in the Lexington I4inute-Man on December 30, 1937, a notice of which the following is a true copy. Edward W. I:imball Clerk Pro- em, Board of Appeals December 29, 1937 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen; The undersigned hereby petition the Lexington Board of 94 Appeals, appointed under General Laws, Charter 40, Section 27, ' to vary the a;oplication of section 9A of the Lexington Zoning 3y -law with respect to the premises at Teo. 24 Maple Street owned by IvIinnie M. Ryder of Lexington, by permitting the follow- ing: Maintenance of a riding, school. Charles IN. Ryder, (Signature) 277 ','ialtham Street (Address) ;30AI:D 0' APPEALS IOTICE Lexington, Mass. Dec. 299 1937. 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 Finnie M. Ryder, and located at 24 l{aple Street, Lexington, the maintenance of a riding school, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on January 14th, 1938, at 8.15 P. M'. in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur I?. I�Iaddison, ' Chairman, Board of Appeals. Lpon motion of r.'Ir. Glynn, seconded by Mr. Kimball, it was voted to grant the petition of Daniel J. O'Connell in the following form: 30ARD OF APPEALS. PERMIT The Board of A_opeals, acting under General Laws, Chapter 40, Sec. 27, having* received a written petition addressed to it by Daniel J. OfConnell, a copy of which is hereto annexed,- held nnexed,held a public hearin 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 I.7inute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room., in the Toim Office Building on the 14th day of January, 1938. Three 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 tend- ing to show: That he had established a new lot extending the line of Lot B 21.321 easterly, making a triangular lot called "D" on ' Plan of Land in Lexington, Mass. by E. N. Montague, C. E. dated ' September 16, 1932, said lot D containinc 546 square feet; it was necessary to again petition the Board to add Lot D to the lot called "B" in the permit granted by the Board of A-apeals on February 5, 1937.. At the close of the hearing the Board in private session on January 31, 1:)'38 gave consideration to the subject of the petition and voted unanimously in favor of the following; find- in�-s : 1. That in its judgment the public conveneience and welfare will be substantially served by the making of the exception requested. 2. That the exception requested will riot tend to Impair the status of the neighborhood. 3. That the exception requested will be in har_mcny with tie general purposes and intent of the regulations in the Lex- inton 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 toning 13y -law as to the locus in question would involve ' substantial hardship to the petitioner and that desirable relief may be granted without substantially derogatin; from the intent or 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- law is hereby varied so far as may be necessary* to permit Daniel J. O'Connell to use the triangular lot owned by him and shown as Lot D on the plan of land in Lexington, Bass. by L. Y. Montague, C. E., dated September 16, 1932 and attached hereto ,as thou;, it were part of Lot B, shown on the said plan and also on t'ie Dlan described in the permit hereinafter re- ferred to, with res'oect to which Lot B a permit of this Board was -ranted at a meeting held on February 5, 19371 and subject to the conditions therein set forth. The Board hereby makes a detailed record of all its pro- ceedings 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 hearin", including that herein summarized, and directs that this record immediately followin- this decision shall be filed in the office of the Torn Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be ~railed forthwith to each party in interest. BOARD Or APPEALS OF LEXINGTOE, (Appointed under G. L. Ch. 4019 Sec. 27) 96 r•w C�7 �r AR;^_?JFid. :�ADDISCI ' EDNARD 1r4. KIMIBALL CHARLES E. FERGUSON C. EjU ARD GLYP,I'. IC'?IARD J. R03BII':S I, Howard IN. 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 3rd day of January, 1933, to Daniel J. O'Connell, Patrick McLaughlin, Georgie E. Locke, James J. and Lucy tiJalsh, Bridget Leary, et al, First Baptist Church, Everett H. and Virginia L. Leavitt, Edgar F. Thivierge, Bertha M. Baker, Flarren E. Russell, Philip Leaf, Ivar Ivarson, William Hunt et al, Canuelo Galvagno, Sebastian Colontropo, Heirs of Dennis II. Collins, Annie C. Ahern, Cornelius Lyons, Margaret and Mary 'McCann, Elizabeth A. Silva, Carl F. Wallin et al, Catherine Vaughan, Annie iri. Sullivan, Joseph Brown, Mary E. Reardon, Delia yulvey, Elizabeth McDonnell, Margaret E. felclz,Vendel & Mary Lichtenberg, Samuel S. Thompson, Etta L. dhiting, John L. Murray., Alex and Dorothy 'arks, Leora A. Burke, Beulah IM. Butters, J. A. Moulton, I,Iorris McKay, Helen 14. Dalrymple, i2ary M. Heath, Mark Dodd, heirs of, Mrs. J. P. I; orse, E Ana L. Hove, 7. Annie McClure, Alice 14. Crawley, Emelie De''eau, Emily II. i''+.orse, Charles Franks, Paula Franks, Justus P. ;Morse, ueorge C. v[cKay, Sarah E. Comley, Christy Hallos, Y^falter Pierce et al, Daniel Bailey, Catherine and Katherine Vaughan, James C. Manley, Anna J. n4anley, Ahern & Pichette, Olive C. Myers, Mary C. Kelly, John T. McDonough, Manuel 14oniz, Andrew Pewtherer, Mary and Frank Picciani, Thomas Quinlan, Charles J. and Mary C. Ray, Peter and Iwartiri Semonian, Leslie J. Spencer, Frank H. Tobin, Nora E. M. Vaughan, Mrs. Margaret Gaffney, Susan Doherty, John F. and TJ"ary F. Dowd, Alice 14. Hurlbutt, Mrs. Annie E. Harrington, Oscar E. and Elizabeth Sette, Frederick H. and Dora L. Galloupe, Grace P. Brown, Arthur N. and ?Minnie Maddison, Mrs. Carrie A. Picrris, Ada H. Rowse, Mrs. Lora B. 10hrthen, Fred W. and Lucy A. Miller, Herbert T. MacDonald, Norbert M. English, et al, ;Iilliam and Alice S. Crawford, Beatrice B. Bursess, Charles A. Manley, Boston and Lowell R. R. Corp., Willis Franks, Robert J. Shannon, New England Trust Co. of Boston, Tr., John J. Callahan, John "I. Keeley, Esther R. Barnes, et al, Mr. and Mrs. Ste.Dhen Donnellan, and also advertised in the Lexington ;,linute-I.an on December 30, 1937, a notice of which the follow- ing is a true copy. HO'e'aARD YY. ROBBINS Clerk., Board of Appeals. 1 1 MI 1 December 29, 1937. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to determine the application of Section 6-C of the Lexington Zoning By-law with respect to the premises at rV,oburn Street adjacent to a lot located at the corner of Pletcher Avenue and 'V%'oburn Street, being a triangular lot ovmed by Daniel J. O'Connell of Lexington and shown as Lot,D on plan attached hereto by oer- mittin�, the following;: To maintain a fr asoline fillin" station for the storage and sale of gasoline and other oils. Daniel J. OlConnell 1536 Ivassachusetts Avenue Lexington. The meeting adjourned at 8:25 ' A true record, Attest: Clerk Pro -tem. C