HomeMy WebLinkAbout1938-06-101
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BOARD OF APPEALS MEETING
June 10th, 1938
A meeting of the Board of Appeals was held in the Select-
men's Room, Town Office Building, at 8:00 P. Y. Chairman
Maddison and Messrs. Kimball, Ferguson, Robbins and Associate
Member Driscoll were present. Miss Elinor Moakley, acting
secretary, was also present.
The records of the meeting of June 3rd were read and approved.
At 8:00 t. M. hearing was declared open on the application
of Howard M. Munroe for permission to maintain a children's
riding school and pony track on the premises located at Woburn
Street, Lexington.
The Clerk read the notice of the hearing.
Mr. Munroe was present and stated that he desired a renewal
of this permit. He said that the circumstances were the same
as last year except that they had made quite a few improvements.
They have moved the stable where the ponies are kept way back
so it is practically out of sight of Lowell Street or Woburn
Street. They have graded the land in from the street to the
wall so that cars may be parked there at a forty-five degree
angle and have planted a circle of birch trees to make the
place more attractive.
Mr. Ferguson asked Mr. Munroe how many cars the new
parking arrangement would acemendiate, and Mr. Barbour, who rents
the premises, stated that it would accommodate about twenty cars.
Mr. and Mrs. Albert E. Olsen of 286 Woburn Street were
present, and Mr. Olsen stated that the parking conditions were
very bad on Sunday. He said that there have been a lot of
accidents there with cars coming together. The cars also are
parked on sidewalks and are also parked double on the street.
Mrs. Olsen stated that there were signs placed there to prohibit
parking, but these are disregarded.
The Chairman stated that previously when the question of
renewal of this permit had come up, it was stated that the
parkng conditions were bad and it had been intimated that steps
would be taken to prevent this. Mr. Barber stated that the
Chief of Police goes down there every Sunday afternoon to view
the parking conditions. He said that he talked to the Chief of
Police about the condition there and the Chief said he would see
if he could get him some parking signs, but he did not have any.
Mr. Harbour said that people driving by in cars sometimes stopped
for just a few minutes to watch the ponies. He said that he
has sent his boys over to ask them to move into the parking space
as there is always plenty of room there.
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The Chairman inquired of Mrs. Olsen whether or not she
felt the parking conditions had been improved since the new
parking space had been made, and Mrs. Olsen replied that she
felt the condition was just as bad as before.
Mrs. Olsen also spoke about the odor and asked if there
was some way by which this could be eliminated. She stated
that it was particularly bad last August. Mr. Barbour said
that the stable had been moved back about 200 feet and this
would probably help the situation.
No other persons wished to be heard in favor or in
opposition and the hearing was declared closed.
At 8:10 P. M. hearing was declared open on the applica-
tion of Frank A. and Mary Napoli for permission to maintain
a roadside stand to sell produce grown on the property, on
premises located at Marrett Road about two hundred feet north-
westerly from the corner of Middle Street. The Clerk read
the notice of the hearing.
Mr. Napoli appeared in favor of the granting of the
petition and stated that he was requesting the same permit
that he had last year. He stated that the conditions at the
stand were just the same as they were then.
No other persons appeared in favor or in opposition and
the hearing was declared closed.
The Board, in private session, considered the application
of Frank A. and Mary Napoli for permission to maintain a
roadside stand at Marrett Road, and it was unanimously voted
to grant the petition 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 Frank A. and Mary Napoli, 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 news-
paper published in Lexington, which hearing was held in
the Selectmen's Room, in the Town Office Building, on the
10th day of June, 1938.
One Associate and four regular 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 wished a permit for a period of one year expting
May 8, 1939 to conduct a roadside stand on property of
Frank A. and Mary Napoli located on Marrett Road and Middle
Street. That there had been no changes made in connection
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with the existing roadside stand and that there had been
no parking of automobiles on Marrett Road.
No evidence was offered in opposition.
At the close of the hearing the Board in private
session on June 10, 1938, 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
pair the status of the neighborhood.
3. That the exception requested will
with the general purposes and intent of the
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 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
unanimously decides that the application of the said Lex-
ington Zoning By law is hereby varied so far as may be
necessary to permit Frank A. and Mary Napoli to maintain
a temporary roadside stand on the Marrett Road front of
land of Frank A. and Mary Napoli located on Marrett Road
and Middle Street for the purpose of selling only the
products grown on their own land in the Town of Lexington,
and that said stand be maintained on the location as now
existing; they to provide sufficient parking space for
automobiles to prevent traffic congestion on Marrett Road;
this permit to expire May 8, 1939.
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 1exington and shall
not tend to im-
be in harmony
regulations in
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be open to public inspection and that notice of this
decision shall be mailed forthwith to each party in in-
terest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L. Ch. 40, Seq. 27)
A. N. MADDISON
CHARLES E. FERGUSON
HOWARD W. ROBBINS
WILLIAM H. DRISCOLL
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 certi-
ficate of mailing on the 23rd day of May, 1938, to Raymond
L. and Anna S. White, Neil McIntosh, Patrick and Helen K.
MacKino, Edwin H. and Mary B. Halvorsen, Margaret R. Crocker,
William A. Melbye, Pasquale Panetta, Emily R. Scheibe,
Marie A. Miller, John Waugh, Charles W. and Mary A. Fittz,
Highland Trust Co., Robert P. Trask, Thomas J. and Jennie
Heaney, Russel S. Bray, Robert J. Fawcett, Joseph R. Law-
son, Watertown Co-op. Bank, Carl V. Olson, Johann C. E.
and Christine A. Gramstorff and Frank A. and Mary Napoli,
and also advertised in the Lexington Minute -Man on May
26th, 1938, a notice of which the following is a true copy*.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
May 19, 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 9F of the
Lexington Zoning By -Law with respect to the premises at
No. 23 Middle Street, owned by Frank A. and Mary Napoli
of Lexington by permitting the following: Maintenance of
a roadside stand for the sale of products of the land.
Frank A. Napoli
by Thomas A. Napoli (Signature)
23 Middle street (Address)
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NOTICE
Lexington, Mass.
May 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 Frank A. and Mary Napoli, and
located at Marrett Road about two hundred feet northwesterly
from the corner of Middle Street, Lexington, a roadside
stand to sell produce grown on the property, under the Lex-
ington Zoning Law or in accordance with Chapter 40, Section
27A of the General laws and amendments.
The hearing will be held on June 10th, 1938, at 8:10
P. M., in the Selectmen's Room, Town Office Building, Lex-
ington.
Arthur N. Maddison
Chairman, Board of Appeals.
At 8:20 P. M. hearing was declared open on the appli-
cation of the Lexington Savings Bank for permission to sub-
divide the existing lot at 41 Percy Road into two lots,
each to have a frontage of seventy feet and an area of
14,000 square feet. The Clerk read the notice of the hearing.
Mr. Edwin B. Worthen, representing the Savings Bank,
stated that in 1928 the Savings Bank took a mortgage on
this property and were later forced to take the property.
He said that for some time a "For Sale" sign had been placed
there and that the property was offered to the public in
the form of "make an offer`. Mr. Worthen said that for
seven years the Bank had not received an offer of any kind
for the property. They considered remodelling the house
but this would be so expensive it would be cheaper to tear
the house down and sell the land. He stated that it was
difficult at the present time to sell large lots and that
the Board had considered the matter and decided that it
would make this request to have it made into two smaller
lots. He stated that the Bank did not feel this would
in any way injure the neighborhood, nor would the bank do
this if they felt it would be detrimental inasmuch as they
are interested in other property in the neighborhood. Mr.
Worthen pr sert�,eQQd 4_19.1,a showing the area and frontages of
various lottfrithilee6W4ty foot frontage. He felt that
two modern homes could more easily be disposed of than the
old style house which is there at present. He cited Highland
Avenue as an ideal development and presented plan showing
the frontages of the lots on this street, most of which were
not much larger than those the Bank proposed to have at 41
Percy Road. Mr. Worthen stated that he felt that what the
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Bank was requesting was entirely within reason and
probably would result to the benefit of the neighborhood.
Mr. Charles L. Coburn of 31 Percy Road asked Mr.
Worthen if the Bank intended to place any restrictions
on the type of house that could be built on the lots, and
Mr. Worthen replied that that had not been discussed.
Mr. Coburn stated that he felt the present house on the
lot was an eyesore and if the Bank was to tear down the
old house and restrict the land to medium priced houses,
he would be very much in favor.
No other persons appeared in favor of the application.
The Chairman read a letter from Morris P. Capen
objecting to the granting of the petition. The Chairman
also read a letter from Mrs. Hugh D. McLellan in which she
stated that she was very much opposed to the granting of
the petition.
Mrs. Roger D. Long was present and asked if this
change would result in decreasing valuations in the neigh-
borhood.
Mr. Coburn stated that he felt that the Town would
be financially better off if the application were granted
inasmuch as the Bank would have a better chance of dis-
posing of the property.
Mr. Kimball asked Mr. Worthen if any effort had been
made to acquire ten more feet at this location and Mr.
Worthen replied in the negative.
Mrs. Long said that it was rumored that the Bank
intended to build three houses on the lot and she asked
Mr. Worthen whether or not this was true. Mr. Worthen
replied that it was not, that the Bank only intended to
have two house lots there.
Mr. Samuel Burgoyne of 40 Percy Road asked if there
was just exactly 140 feet frontage in the present lot
and kr. Worthen replied in the affirmative.
No other persons wishing to be heard, the hearing was
declared closed.
The Board in private session considered the petition
of the Lexington Savings Bank to divide the lot at 41
Percy Road into two lots, each to have a frontage of 70
feet on Percy Road, and after considering the evidence
offered on behalf of the Bank as well as the neighbors,
it was felt that there was not sufficient evidence pres-
ented to grant the variation under Section 9(d) of the
Lexington Zoning By-law as there is no question of topo-
graphy and there did not appear to be sufficient evidence
to the effect that other conditions make the granting of
the permit necessary. On motion made, it was voted that
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the petition be denied in the following form, Messrs. Maddison,
Robbins, Kimball and Driscoll voting to deny the application,
and Mr. Ferguson voting in favor of granting the petition:
The Board of Appeals, acting under General Laws, Chap-
ter 40, Sec. 27, having received a written petition addressed
to it by the Lexington Savings Bank, 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 t ax 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 June 10, 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 it had owned the property at 41 Percy Road, Lexington,
under foreclosure proceedings for a great many years;
that they had offered the property for sale but had received
no offers; that they would like to divide the 140 foot frontage
into two lots of seventy feet each as they thought they could
dispose of the property if this were done. Evidence was
offered showing various frontages of lots on Percy Road and
Highland Avenue and on Bloomfield Street.. They stated that
various plans had been made for improving the present house
but the cost was prohibitive.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show that in
their opinion the granting of the petition would depreciate
the value of their property; that if the present petition
were granted, it would mean that some time in the future
similar petitions would be filed by at least one of the
owners for some relief.
At the close of the hearing the Board in private
session on June 10, 1938 gave consideration to the subject
of the petition and voted 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.
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4. lhat 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 requested may not be granted without substantial
detriment to the public good and without substantially
derogating from the intent and purpose of such Lexington
Zonine By law.
Pursuant to the said findings, the Board hereby
denies the said petition of the Lexington Savings Bank.
The Board hereby makes a detailed record of all its
proceedings relative to such petition and hereby sets
forth that the reaxons 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 de-
cision 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
WILLIAM H. DRISCOLL
EDWARD W. KIMBALL
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 certi-
ficate of mailing on the 27th day of May, 1938, to Mary
E. Newell, et al, Daisy deW. MacAlpine, Nina F. McLellan,
Roger D. and Christine F. Long, Elizabeth C. Phelps,
Samuel and Jennie M. Burgoyne, Morris F. Capen, Rena B.
Hanson, James H. Boynton, Charles L. Coburn, Bertha T.
Hastings, Heirs of Frank W. Herrick, E. Gertrude Sherburne,
Edith R. Pierce, Bertha M.•Trenholm, Ira F. and Verna R.
Fuhrmann, Mary H. Stone, Home Owners Loan Corp., Rhoda
A. Kilgour, Thomas H. and Wilhelmina G. Thomas, Standley
T. and Luella S. Cobb, Etta B. Giles, Marion Brown, Abbie
E. Stevens and the Lexington Savings Bank, and also ad-
vertised in the Lexington Minute -Man on May 26th, a notice
of which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
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May 25, 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 six of the Lexington
Zoning By-law with respect to the premises at No. 41 Percy
Road., owned by Lexington Savings Bank of Lexington by
permitting the following: Subdivision of the existing lot
into two lots, each to have a frontage of seventy feet and
an area of 14000 square feet.
Lexington Savings Bank (Sig.)
Edwin B. Worthen, Treas.(Address)
Lexington, Mass.
NOTICE
Lexington, Mass.
May 26, 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 Lexington Savings Bank and
located at 41 Percy Road, Lexington, the subdivision of the
existing lot into two lots, each to have a frontage of
seventy feet and an area of 14,000 square feet, 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 June 10, 1938 at 8:20
P. M. in the Selectments Room, Town Office Building, Lexington.
Arthur N. Maddison,
Chairman, Board of .appeals.
The Board in private session considered the petition
of Howard M. Munroe for permission to maintain a pony riding
school and track at Woburn Street, Lexington. After discussing
the matter, it was unanimously voted that the petition be
granted in the following form:
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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 Howard M. Munroe, 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 10th
day of June, 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 hearinP; evidence was offered on
behalf of the petitioner tending to show: That he desired
to maintain the pony riding school for children on the
premises located on the southerly side of Woburn Street
about one hundred and fifty feet (150') from the junction
of Woburn Street and Lowell Street, in the same manner
as in previous years.
One of the families owning property nearly opposite
the pony riding school complained of the parking which some-
times blocked up the sidewalk opposite their home and also
complained of the odors, particularly during August of last
year.
At the close of the hearing the Board in private
session on June 10, 1938, gave consideration to the subject
of the petition and voted unanimously in favor of the follow-
ing findings:
1. That in its judgment the public convenience and
welfare will be substantially served by the making of the
exception requested.
2. hat 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. `ihat 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 prov-
isions 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 Lexington
Zoning by-law.
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Pursuant to the said findings, the Board hereby
unanimously decides that the application of the said Lex-
ington Zoning By-law is hereby varied so far as may be
necessary to permit the above premises to be occupied for
a pony riding school for children for a period of one year
from the date hereof, subject to the following conditions.:
That the premises will be maintained in proper condition
so that the business as carried on will not be objectionable
to owners of property in the neighborhood, maintaining the
premises in a good sanitary condition at all times; that
ample parking space will beprovided inside the street line
to obviate parking in the street; that no business shall
be done after 9:00 o'clock P. M., that no so-called flood
lights shall be used on the premises; that no signs shall
be exhibited on the property unless the consent of the
Building Inspector of Lexington is obtained; that no build-
ingor enclosure shall be constructed without the consent
of the Building Inspector of Lexington.
This permit is granted on the further distinct pro-
vision that proper supervision shall be made so far as
parking in the street is concerned either by employing a
special police officer or having attendants instructed to
request cars parking in the street to move the car into
the parking space provided or request the drivers not to
park in the street. If parking inthe street becomes a
nuisance, this permit may be revoked by the Building In-
spector.
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
hereinbefore set forth and the testimony presented at the
said hearing, including that herein suuiwized, 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 hppeals of Lexington
(Appointed under G. L. Ch. 40, Sec. 27A)
A. N. Maddison
Edward W. Kimball
William H. Driscoll
Charles E. Ferguson
Hdward W. Robbins.
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I, Howard W. Robbins, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, L'hapter 40,
Section 27A, hereby certify that I sent by postage certi-
ficate of mailing on the 23rd day of May, 1938, to Matilda
M. and Leslie C. Wheeler, Sarah C. VanDeusen, Albert E. and
Marion C. Olsen, M. Irving and Helen G. 14urrier, Charles H.
and Jennie Currier, Chester A. Fogg, Peter and Martin
Semonian, Elmina and Howard M. Munroe, Leonard K. Dunham,
Alexander and Robert Porter, Catherine Dunham, Robert A. and
Elizabeth Porter, Harvey C. Wheeler, and Edward J. Casey,
and also advertised in the Lexington Minute -Man on May 26th,
1938, a notice of which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
May 18, 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 27A, to vary the application of section 9D of the
Lexington Zoning By -Law with respect to the premises at
Woburn Street near Lowell Street, owned by Howard M. Munroe
of 344 Lowell Street, Lexington, by permitting the follow-
ing: Maintenance of a children's riding school and pony track.
Howard M. Munroe (Signature)
344 Lowell Street(Address)
NOTICE
Lexington, Mass.
May 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 Howard M. Munroe and located at
Woburn Street, Lexington, the maintenance of a children's
riding school and pony track, 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 June 10, 1938, at 8:00 P. M.
in the Selectmen's Room, Town Office Building, Lexington.
Arthur N. Maddison,
Chairman, Board of Appeals.
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The meeting adjourned at 9:50 P. M.
A true record, Attest: