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HomeMy WebLinkAbout1939-02-01256 BOARD OF APPEALS MEETING ' Feb. lst, 1939. A meeting of the Board of Appeals was held in the Sel- ectmen's Room, Town Office Building, at 8:00 P. M. Mr. Glynn, Mr. Kimball, Mr. Ferguson and Associate member Errol H. Locke were present. The Secretary was also present. In the absence of Mr. Maddison, Mr. Glynn acted as Chairman Pro -tem and in the absence of Mr. Robbins, fir. Kimball acted as Clerk Fro -tem. The records of the meeting held January 200 1939 were declared approved. The Chairman Pro -tem said that he thought it best to call this special meeting to discuss the petition of Daniel, J. O'Connell for permission to construct a theater in the rear of 1775 Mass. Avenue. The original hearing was held on Sept. 9, 1938, and Mr. Kimball read the record of that meeting. The Board considered at length the application of Mr. O'Connell for, the construction of a theater in the rear of , 1775 Mass. Avenue, and decided to deny the petition for the reason that no provision for parking automobiles had been arranged by the applicant according to the ground plan which he submitted and also in accordance with the statement of his representative, Mr. W. S. Caouette. The Board feels that there is a serious parking problem in the center of the town. Another theater of such seating capacity as proposed, must draw its•patronage largely from those who are dependent upon motor cars for transportation, which would inevitably make the traffic congestion worse than at present. Upon motion of Mr. Ferguson, seconded by Mr. Locke, it was voted to deny the petition in the following form: (Mr. Robbins wishing to be recorded in opposition also) The Board of Appeals, acting under General Laws, Chap- ter 40, Section 27, having received a written petition addressed to it by Daniel J. O'Connell, 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 Lexing- ton, which hearing was held in the Selectmen's Room, in the Town Office Building on September 9th, 1938. ' 257 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 wished to construct and maintain a theater located at the rear of 1775 Mass. Avenue, Lexington; that the build- ing would have a seating capacity of approximately 850; that the entrance would be in place of the store now existing at 1775 Mass. Ave. and that the building would more or less resemble the theater at Winchester; that ample parking space would be provided for automobiles. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that there is now existing sufficient theater seating capacity to take care of the needs of the town, in the opinion of the owner. At the close of the hearing the Board in private session on February 1, 1939 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 requested 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. Pursuant to the said findings, the Board hereby denies the said petition of Daniel J. OtConnell and is largely guided in its decision by the fact that a theater of the seating.eapacity proposed would be largely dependent for patronage upon those who would use automobiles for trans- portation; that serious traffic and parking congestion mw .exists in the general area where the proposed theater would be located and that any considerable addition to the number of cars parking on the streets is not warranted and would be dangerous; that the plot plan submitted at the Boardfs re- quest shows no provision for parking space contrary to the ' statements made by Mr. OTConnell at the time of the hearing; that under the circumstances there would be no alternative 258 but to increase parking of automobiles on the streets, in- cluding n-cluding those streets which are in surrounding residential ' areas. 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 hereinbe- fore set forth and the testimony presented at the said hear- ing, 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) C. EDWARD GLYNN ERROL H. LOCKE EDWARD W. KIMBALL 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 27th day of August, 1938, to Edward H. -Mara, ' Belle P. Chase, Marion T. Hopkins, Robert C. Merriam, Helen E. Brennan, William H. Fenn, Lilla J. B. Dickey, Margaret F. and Harriet S. Collins, Robert C. and Gordon P, Merriam, Doris H. Hauman, Caroline A. Holt, Alice H. Locke, Flora B. Houghton, Marg L. Jackson, Kenneth P. Blake, Emelie DeVeau, Sarah E. Comley at al, Christy Hallos, Alice M. Crawlsy, Harriet Fletcher, Paul and Willis Franks, Charles Franks, Annie McClure, George C. McKay, J. Alonzo Moulton, Mark L. Dodd at al, Bridget ]Leary, Everett J. and Virginia Leavitt, The First Baptist Church of Lexington, Edgar J. Thivierge, A nstiss S. Hunt at al, Bertha M. Baker, Colonial Garage, Inc., Meyer Rubin & Harry G. Seligman, Dan Daniels, Waltham Nat- ional Bank, Lucy D. and Bertha M. Hutchinson, Alice T. Mc- Carthy, Universalist Publishing House of Boston, Frederick D*Cook Lexington Savings Bank, Boston and Lowell R. R. Corp., A. & R. Realty Co., Lillian L. Viano, Trustee, Lex- ington Trust Co., George Scott, George E. and Helen S. - Smith, Ralph H. Marshall, LeRoy S• Brown, Justus P, Morse, Emma L. Hovey, Walter H. Pierce at al, Boston Edison Co., Robert L. Innis and Dougal McLennan, Mary M. Heath, Eugene T. Buckley, Dr. Harold J. Crumb, Roland A. and Katie A. MacPhee, Willard I. and Marguerite E. Woodis, Charles H. Harrington, Mary C. and Jane E. Douglass, Mary L. Sullivan, Helen Terhune, Joseph P and Mary S. Grace, Alexander Quinn, Daniel J. O'Connell, and also advertised in the Lexington Minute -Man , on August 25, 1938, a notice of which the following is a true copy. =:HOWARD W. ROBBINS Clerk, Board of Appeals August 9, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Dass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section of the Lexington Zoning By-law with respect to the premises at No. rear of 1775 Mass- aehusetts Avenue, owned by Daniel J. O'Connell of Lexington by permitting the following: Construction of a theatre. Daniel J. O'Connell signature 1536 Mass, Ave. Lex. Address N 0 T I C E August 25, 1938 ' 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 Daniel J. O'Connell and located at the rear of 1775 Mass. Ave., Lexington, the construction of a theatre, under the Lexington Zoning Lair or in -accordance with Chapter 40, Section 27, of the General Laws and amend- ments. The hearing will be held on September 9th, 1938, at 8:30 P. M. in the Selectmen's Room, Town Office Building, Lexington, Vass. ARTHUR N. MAADDISON Chairman, Board of Appeals Insert: Lexington Minute -Man, August 25, 1938. The meeting adjourned at 9120 P. M. A true record, Attest: 1 Clerk