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HomeMy WebLinkAbout1938-06-03158 BOARD OF APPEALS MEETING June 3, 1938 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Chairman Maddison and Messrs. Glynn, Kimball and Ferguson were present. The Secretary was also present. In the absence of Mr. Robbins, Mr. Kimball was elected Clerk Pro -tem. The Board considered the application of the New England Water Supply Corporation for permission to maintain a building over a pump on its lot of land on the southerly side of Westview Street, which is in a manufacturing dis- trict. They considered the statements made at the hearing, and also the statements made by Mr. Raymond at the meeting of the Board on May 13, 1938, and in view of the fact that the corporation had received releases from the owners of land within a radius of five hundred feet (500') of the location of the pumps, it was unanimously voted to grant this petition, Mr. Robbins wishing to be recorded in favor, and to hold over the application for the pump on the other side of Westview Street for action at a later meeting. The petition was granted in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by the N. E. Water Supply Corporation, a copy of which is hereto annexed, held a public hearing there- on 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 6th day of May, 1938. One Associate and four 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 he desired to construct a building to house water pumping equipment to be used in supplying the U. S. Veteran's Hospital at Bedford with water, on the land on the southerly side of Westview Street and bounded on the east by the Boston & Maine R. R.; the pump house to be 8' long, 12' wide, and 7' 1 1 159 high; that they had a contract with the government which called for a supply of three hundred gallons of water per minute, and the arrangement was that at the end of ten years the Federal Government would take over the equipment; that they had tested in a great many places, and this lo- cation seemed to offer better water and in sufficient quantity to warrant their going ahead with the project. Three of the neighbors were represented by counsel, who stated that they were afraid taking the amount of water which would be called for would dry up their wells, and one owner who required damp soil was afraid it would dry up his land. At a meeting held on June 3rd, 1938, 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 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 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 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 substan- tially derogating from the intent or purpose of such Lex- ington Zoning By-law. Purauant 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 the New England Water Supply Corporation to erect and maintain a building 81 long, 121 wide, and 71 high to house water pumping equipment to be used in supplying the U. S. Veteran's Hospital at Bedford with water on the lot on the southerly side of Westview Street, said lot being bounded on the east by the Boston & Maine Railroad, on the following conditions: 1. That the apparatus shall be run in such a manner as not to be noisy or offensive to the neighborhood; 160 2. That the premises shall be kept in a neat and clean condition at all times; 3. That said building shall be set back at least 20' from the street line of Westview Street; 4. That only electric current shall be used to run the pumping equipment. 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 herein- before 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. 1N1. Maddison Edward W. Kimball C. Edward Glynn Charles E. Ferguson Howard W. Robbins 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 21st day of April, 1938 to Amanda Hurtado, Joseph DeFelice, Joseph and Theresa DeFelice, Lexington Sand and Gravel Co., Charles A. Linehan, et al, Boston & Lowell R. R. Co., New England Water Supply Corp., and also advertised in the Lexington Minute -Man on April 21st, 1938, a notice of which the following is a true copy. Howard W. Robbins, Cler$, Board of Appeals. April 14, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of 0.4 1 1 1 1 Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9 (a) of the Lexington Zoning By-law with respect to the premises at Westview Street, owned by New England Water Supply Corp., of Boston, Mass., by permitting the following: The erection and maintenance of a brick and cement house, approximately 8 feet by 12 feet - 7 feet high (inside measure- ments) for the housing of electrical equipment for operation of pump to supply U. S. Veterans Hospital with water. New England Water Supply Corp. Percy G. Crocker, Treas. (Signature) 36 Congress St., Boston (Address) NOTICE Lexington, Mass. April 21, 1938. 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 the New England Water Supply Corp. and located on Westview Street, Lexington, the erection and main- tenance of a building to house water pumping equipment, 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 May 6, 1938, at 8:15 P. M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison, Chairman, Board of Appeals. The matter of the petition of Leeland G. & Mildred I. McConchie for a riding school at 104 North Street was con- sidered. It appeared that the riding school had been operating since February. The Board felt that the objections of people having residences in the vicinity was of sufficient importance to deny the petition, and it was unanimously voted, Mr. Robbins wishing to be recorded in opposition, to do so. The petition was denied in the following form: The Board of Appeals, acting under General Laws Chapter 40, Sec. 27, having received a written petition addressed to it by Leeland G. & Mildred I. McConchie, 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, 161 162 which hearing was held in the Selectmen's Room, in the Town Office Building on May 27th, 1938. Four 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 he occupied property owned by Leeland J. McConchie and Mildred I. McConchie numbered 104 North Street, Lexing- ton; That he desired to maintain a riding school on the premises to be operated by Elmer Stanton and Alfred T. Howes; That he had fourteen or fifteen saddle horses on the premises; That he desired to get some income from the property to help pay his expenses. The owner of adjacent land claimed that he represented two other owners of land immediately adjoining, and stated that they were in favor of the granting of the petition. Three owners of homes in the vicinity were represented by an attorney, who stated that they objected to this occupancy of the premises; that on one or more occasions horses had trespassed on their land; that there were evening parties using the horses as late as eleven or twelve o'clock mid- night, and stated that they felt that it would depreciate the value of their property and interfere with its sale. At a meeting held on June 3, 1938, the Board in pri- vate 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 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 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 not involve practical difficulty and unnecessary hardship and the relief re- quested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Ismael Crl 1 1 1 163 Pursuant to the said findings, the Board hereby denies the said petition -of teeland G. and Mildred I..McConchie, for permission -to -maintain -a riding school: 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 herein- before 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 a public record 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 Charles E. Ferguson C. Edward Glynn Howard W. Robbins Edward W. Kimball 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 28th day of April, 1938, to Austin it. Locke, Edith W. Willard, Jennie E. H. Brown, Lilya Hightower, Harvey C. Wheeler, Florence M. Bruce, Rupert H. Stevens, John A. Cadario, Ramon N. Brogi and Leeland G. and Mildred I. Mc- Conchie, and also advertised in the Lexington Minute -fan on April 28, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. April 26, 1938. 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 vary the application of section 9A of the 164 Lexington Zoning By -Law with respect to the premises at N�. 104 North Street, -owned-by Leeland G. and Mildred I. McConchie of Lexington by permitting the following: Maintenance of a riding school. Leeland G. McConchie (Signature) 104 North St.,Lexington (Address) NOTICE Lexington, Mass. April 27th, 1938. 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 Leeland G. and Mildred I. McConchie and located at 104 North 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 at the Selectmen's Room, Town Office Building, on May 27th, 1938, at 8:00 P. M. Arthur N. Maddison, Chairman, Board of Appeals. The meeting adjourned at 9:30 P. M. A true record, Attest: Clerk Pro -tem. 1