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HomeMy WebLinkAbout1945-04-20BOARD OF APPEALS MEETING April 20, 1945 0 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building on Friday evening, April 20, 1945, at 8;00 P. M. Messrs. Bowker, Nickerson, Redman, Brown and Associate Member Lynah were present. The Clerk was also present. At 8;00 P. M. hearing was declared open upon thepetition of Edward S. Sweeney for permission to maintain and operate.a riding school on the premises located at 1265-1277 Massachusetts Avenue, Lexington, and owned by the Lexington Nurseries, Inc. Mr. Sweeney, his partner, John Riley, and five other persons were present. Notice of the hearing was read by Mr. Brown, Mr. Sweeney said,that he planned to operate a riding school and use the land adjoining the nurseries, not using the streets but only the dirt trails up through the quarry. He said that he would not enter on any of the streets at all. Mr. Bowker asked how many horses he a xpected to have and Mr. Sweeney said that at present they have facilities for only six. He said that there is a shed in whi h he could keep more horses if box stalls were built, and that he would like to eventually have ten or eleven horses. Mr. Bowker asked if ten or eleven would be the maximum and Mr. Sweeney replied in the affirmative. Mr. Bowker asked ghat hours the school would be operated and Mr. Sweeney replied that the hours would be from nine in the morning until six in the evening, and possibly until nine in the evening during the summer months. Mr. Bowker asked if he expected to have riding on Sundays and he said that he did. Mr. Bowker asked where t he stable was located and Mr. Sweeney said that it is the barn on the nurseryground which was formerly the nursery barn. Mr. Bowker asked where the entrance would be. Mr. Sweeney replied that some of the cars have been coming in the private way. He said that the entrance he intends to use is the one where the sign is, up off Woburn Street. He said that cars have been coming in a private driveway, but he hastold persons coming to the school not to use this driveway. He said he had noticed children in the vicinity, one of the reasons he prefers not to use the driveway and the second reason that he does not want to use it is because of the railroad tracks. Mr. Bowker asked if there would be a riding ring and Mr. Sweeney said that he was going to have a ring in which to put his horsest but he preferred to instruct on the trail because the land is marshy. Mr. Brown asked if Mr. Sweeney owned the land and he replied that it is owned by Mr. May and he is renting it. Mr. Lynah asked if the barn had been renovated. Mr. Sweeney said that he had been told horses had been kept in the barn. He -.said that he had checked the floor and it is strong enough to hold his horses. Mr. Lynah asked Mr. Sweeney if he would have access to all the nursery roads and he replied in the affirmative. He said that he would like to post signs to keep the riders on the trail as much as possible. Mr. Lynah asked if, as far as the instructions%ere con- cerned, the riders were to ride around the trails in the nursery and Mr. Sweeney replied that ,that is correct. Mr. Redman asked if the road in question is a private or a right of way. Mr. Greeley said that it is a private road and that there is no right of way established across the road. Mr. Redman asked if Mr. Cambridge used the road and Mr. Greeley replied that he did by Mrs. Kimball's permission. Mr. Redman asked how long the back road had been used and Mr. Greeley replied possibly twenty-five years, He said that about eight years ago, Mr. Kimball took the matter up with Sheriff McLearn and it was formerly closed off and posted, which estab- lished the fact that it is a private ways Mr. Sweeney said that he would do whatever was agreeable to everyone. The hearing was declared closed at 8:30 P. M. and the group retired„ After discussing the petition, upon motion of Mr. Redman, seconded by Mr. Brown, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By -Law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Edward S. Sweeney# 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 20th day of April, 1945, Four regular and one Associate 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 Edward S. Sweeney wished permission to main- tain and operate a riding school on the premises located at 1265- 1277 Massachusetts Avenue, Lexington, owned by the Lexington Nurseries, Inc. The petitioner advised the meeting that he wished to house from 6 to 12 horses in this riding school; that he intends to operate during the daylight hours, morning and afternoon and some in the evening during the summer time up to possibly nine o'clock; that hewould like to operate on Sundays; that there would be two entrances at the school; that the riding would be done only on the property of the Lexington Nurseries, Inc.; that he did not intend to allow horses or automobiles to have access over the private road in the rear of Mr. Love's home and running from Massachusetts Avenue to the rear of the Kimball property. It Is planned to have the entrance to this school leading from Woburn Street. 196 Objections were received from three neighbors stating that they • felt that -the use of the driveway indicated above for horses and vehicles coming into the proposed school was objectionable from a safety standpoint because of -the small children who live in this vicinity. Objections were also indicated by these several people stating that they felt a riding school would lower the status of the neighborhood. The three neighbors objected to the use of the street because it is definitely a private road and not a right of way. At the close of the hearing the Board in private session April 20, 1945, 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 re- quested. 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 Lex- ington 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 in- volve 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 decided that the application of the Lexington Zoning By -Law is hereby varied so far as may be necessary to permit Edward S. Sweeney to maintain and operate a riding school on the premises located at 1265-1277 Massachusetts Avenue, Lexington, subject to the following restrictions: That the private driveway in the rear of the Love and Kimball property must not be used by either horses, vehicles or customers coming to said school and that proper obstruction should be placed on the property of the Lexington Nurseries, Inc. to prevent access to this driveway; that the number of horses that mey be maintained at this riding school is that number that may be properly houses in the existing buildings, and not exceeding approximately twelve horses; that the buildings shall be jept in a neat and orderly condition; that the riding school shall be conducted in a quiet and orderly fashion so as not to disturb people living in the vicinity; that no signs shall be constructed over six square feet in area for advertising or instructional purposes, and that this permit is granted only to Edward S. Sweeney and expires should the school be transferred to someone else. • 97 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 the decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS IN LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker D. E. Nickerson J. Milton Brown Thomas G. Lynah Lester T. Redman I. Hazel J. Murray, Clerk of the Board ofAppeals of Lex- ington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 5th day of April, 1945, to Lexington Nurseries, Inc., Edward S. Sweeney, Boston & Maine Railroad, Edgar A. Welti, Sumner Robinson and Robert Holt, Ruth L. Lyons, William M. & Katherine V. Bennett, Norman Ellard, William M. & Sarah R. Hall, Marion A. Kimball, Fannie B. Simone, Patrick Hennesy, Patrick J. & Margaret F. Fitz- patrick, Edward W. Higgins, and also advertised in the Lexington Minute -Man on April 51 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals April 2, 1945 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30, as amended, to vary the application of section of the Lexington Zoning By-law with respect to the premises at 1265-1277 Mass. Ave., owned by Lexington Nurseries, Inc. of Lexington by permitting the following: To maintain and operate a riding school. Edward S. Sweeney • 83 Stults Road Belmont 198 NOT I C E April 5, 1945 0 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of Edward S. Sweeney for permission to maintain and operate a riding school on the premises located at 1265-1277 Massachu- setts Avenue, :exington, and owned by the Lexington Nurseries, Inc., under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30, as emended. C. Edward Glynn Chairman, Board of Appeals Mr. Bowker informed the members of the Board that the following appointments had been made by the Board of Select- men: J. Milton Brown, now serving as an Associate Member, to serve as a regular member of the Board to fill the unexpired term of Arthur N. Maddison; said term expiring March 51, 1949; Lester T. Redman, now serving as an Associate Member, to'serve as a regular member of the Board to fill the unexpired term on C. Edward Glynn; said term expiring on March 31, 1948; F. K. Johnson to serve as an Associate Member to replace Mr. i J. Milton Brown; said term expiring on March 31, 1946; Aiden L. Ripley to serve as an Associate Member to replace Mr. Lester T. Redman; said term expiring on March 311, 1946. Mr. Bowker said that it was in order for the Board to organize and elect a Chairman and Clerk. Upon motion of Bir. Nickerson, seconded by Mr. Redman, it was unanimously voted to elect Mr. Bowker Chairman of the Board of Appeals. Upon motion of Mr. Redman, seconded by Mr. Brown, it was unanimously voted to appoint Miss Murray Clerk of the Board of Appeals. The records of the hearing held on April 16, 1945, were declared approved and the meeting adjourned at 9:30 P. M. A true record, attest: joard�of Ap als • I0 1949 (continued from page 195) Mr. Nickerson asked if the riding school was to be a permanent one and he also asked if Mr. Sweeney was a discharged veteran. Mr. Sweeney replied that he had been in the service, now dis- charged and he would like very much to make the riding school his business. He said that when he acquired enough money he would like to obtain some more good horses. Mr. Bowker asked how many men he intended to have work with him and Mr. Sweeney said that he would have one other fellow besides himself. Mr. Bowker asked what type of signs Mr. Sweeney intended to use and he said that he would like to put up some metal signs showig the different trails. He said that he would also like permission to put up posters advertising the school. Mr. Redman asked how many horses were at the school now and Mr. Sweeney replied that he now has six. . Mr. John Riley of Belmont, Mass. said that he had a share in the riding school. He said that he is still in the Navy and stationed at Rhode Island and he expects to come to Lexington weekends. He said that they intend eventually to convert the present shed intobox stalls where boarding horses could be kept. He said that there is a parture in the rear which has been suggested as a ring for instructions. Mr. Roland Greeley, 1359 Massachusetts Avenue, said that he was speaking as a tenant and not as a property owner. He said that he was particularly interested -because the driveway has been used in the past two weeks by horses and automobiles. He said that it was a great hazard because his children play a great deal in this driveway. He said that it is a private driveway which could be closed off legally. He stated that they could not tolerate the use of the driveway by cars or horses because of the safety measures. He said that he was not sure that signs would be an effective way of keeping people from using the driveway and he would prefer to have Mr. Sweeney fence the nursery off. Mr. Greeley asked under what provision of the Zoning Laws this variation was requested and Mr. Bowker replied that it was a school in a residential district. Mr. Bowker asked if Mr. Greeley had any other object and he replied that they thought it would tend to lower the status of -the neighborhood. Mr. Hall, 1357 Massachusetts Avenue said that he is concerned about the safety of the children in the neighborhood. He said that he had a feeling of uncertainty whether allowing this variation might not lead towards making this a commercial region which might detract considerably from the property as residential. Mr. Greeley said that he would like to ask the petitioner if he would make some physical barrier on the driveway and Mr. Sweeney said that he would put up a fence. He said that he did not want cars using the driveway inasmuch as one of -his horses is very high-strung and the noise from cars upset her. Mr. Greeley said that as far as he is concerned, eliminating the use of the driveway would relieve the primary objection. (continued on 195) BOARD OF APPEALS MEETING May 4, 1945 0 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building on Friday evening, May 4, 1945, at 8;00 P. M. Chairman Bowker, Messrs. Locke, Redman, Brown and Associate Member Lynah were present. The Clerk was also present. At 8;00 P. M. hearing was declared open upon the application of Fulton Brown, 24 Arlington Street, Winchester, for permission to connect the buildings located at 7 & 9 Muzzey Streets, by ex- tending the shed of #7 about two feet and eliminating the present shed wall. Mr. Brown and Mr. Henry Raymond were the only persons present at the hearing. Notice of the hearing was read by Mr. Lynah. Mr. Brown stated that since the Board granted him a permit to operate a blacksmith shop on the premises at 9 Muzzey Street for the fabrication of specialty articles made from horseshoes, he has purchased the two buildings, #7 and #9. Mr.Brown said that these buildings are attached on the back side by a fence, but not in the front, and he purchased them with the intention of using the building in the rear storage. He said that his business is seasonal and it is necessary for him to have material in ad- vance of the season. He said that he is at present storing horse- shoes, but nothing inflarunable. Mr. Brown stated that he would like to change the space between the buildings, carry the small shack roof over and eliminate the back wall of the shed. He said that the paint on the wall of the second building is so think that it is impossible to remove.it unless the petition is taken out. Mr. Bowker asked what the building was to be used for and Mr. Brown replied that he wanted it..for storage only, of materials being completed. He said that he has one order on hand of seven barrels and another order considting of nine barrels ready to go out. He said that it would be very convenient to be able to roll the orders through a door from one building into the other. Mr. Brown said that he would like to take our just one wall and tie the twobuildings together. Mr. Redman asked if Mr. Brown meant to make one building out of the t wo and Mr. Brown said that he w m ld take the back wall off the shanty and have one door through. Mr. Locke asked if the floors were level and Mr. Brown replied that he didn't know. He thought there might be a slight ramp if the floors wbre not level. Mr. Lynah inquired as to how removing the wall would elim- inate the fire hazard and Mr. Brown said that the back wall in the shanty was especially bad. Mr. Lynah asked about the floor and Mr. Brown said that thefloor seemed to be all right and that there didn't seem to be very much paint on it. 201 Mr. J. Milton Brown asked if the building was of wooden construction and Mr. Fulton Brown replied in the affirmative. Mr. Locke asked if Mr. Brown proposed to do any processing and he replied that he desired the building for storage only. Mr. Henry Raymond said that he thought this was a good business to have in town and asked if Mr. Brown intended to do all the manufacturing at #7 and #9 Muzzey Street rather than in the small building formerly owned by Mr. Denham. Mr. Brown replied that he does very little manufacturing at #9 Muzzey Street, his work being mostly assembling. He said that blacksmiths in different towns do the work for him. Mr. Raymond said that his only objection was to noise of the trip hammer and Mr. Brown said that the noise came from the shop occupied by John Venuti. He further stated that Mr. Venuti does some work for him. Mr. Lynah asked who owned the shop occupied by Mr. Venuti and Mr.9 Brown said that he thought it was now owned By Mr. Daniel Davis. Mr. Raymond said that he had no objection to joining the buildings or to the business but he did object to the trip hammer. The hearing was declared closed at 8:20 P. M. and Messrs. Brown and Raymond retired. Mr. Bowker said that he thought this application would also come under Article VIII, Section 3 of the Building Laws which is as follows: "Second and Third Class Buildings. Every building and every extension oa building erected or altered to be used as a public building, store office building, factory or mercantile establishment, shall be of the first or second class. Any building of third class construction now being used for a public building, store, office building, factory or mer- cantile establishment may be altered without change of class if it is to be continued in the same use, but when an addition of one or moire rooms is added, the new portion shall be of the first or second class and shall be separated from -the old building by such fire resisting material as may be approved by the Inspector." Mr. Bowker said that he had discussed this application with Mr. Cann, The Building Inspector, and Mr. Cann objects to granting the petition. Mr. Locke suggested that this application would also come under Section 10 of the Zoning Laws which is as follows: "Existin Uses and Buildings". Any use or building or part or a building which., at £htime of the adoption of the orig- inal Lexington Zoning By-law was and still is being put to a non -conforming use, may continue to be used for the same purpose, and may be repaired or structurally altered but no such building, if destroyed, to the extent of 90 per cent of its insurable value, shall be rebuilt, nor shall such build- ing be extended or enlar ed, nor shall it be used for a dif- ferent purpose except subject to the provisions of Section 9." The Board felt that inasmuch as Mr. Brown is requesting an extension, the Board of Appeals has no authority, under Section 10 of the Zoning By -Law, togrant such a request. Upon motion of Mr. Locke, seconded by Mr. Brown, it was unanimously voted to deny the petition in the following form; BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Fulton Brown, 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 Selectments Room, in the Town Office Building on May 4, 1945. 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, F'ulton'Brown, desired permission to connect the buildings located at #7 and #9 Muzzey Street, Lexington, by extending the buildings located at #7 and #9 Muzzey Street, Lexington by extending the shed of #7 about two feet (at), and'ellminat- ing the present shed wall. The petitioner stated that he intended to use the shed for storage purposes only. Evidence was cf fered on behalf of citizens opposing the granting of the said petition to show s No one appeared in opposition to said petition. At the close of the hearing the Board in private session May 4, 1945, gave consideration to the subject of the petition and voted unanimously in favor of the following findings.- indings;1. 1.That in its judgment the public convenience and wel- fare 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 dif- ficulty and unnecessary hardbhip 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. 20 • Pursuant to the said petition of the Board, the of Section 10 of the extension or by Mr. BroYm. the said findings, the Board hereby denies of Fulton Brown because, in the opinion change requested constituted a violation the Lexington Zoning Laws.which prohibits ehlargement of the building as requested The Board hereby makes a detailed record of all its proceedings rekative 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 (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker J, Milton Brown Errol H. Locke Thomas G. Lynah Lester T. Rodman • I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sections 27, hereby certify that I sent by posta`;e certificate of mail- ing on the 20th day of April, 1945, to Fulton Brown, Daniel J. O'Connell, Lexington Trust Company, George E. & Helen Smith, Ralph H. Marshall, and Albert F. Douglass, Henry B. Raymond, Edwin B. Worthen, Jr., and also advertised in the Lexington Minute -Man on April 18, 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30, as amended, to determine the application of Section of the Lexington Zoning By -Law with respect to the premises of No. 7 and 9 Muzzey Street, owned by Fulton Brown of Winchester, Mass., by permitting the following: To tie the above building together by extending the shed of #7 about two feet and elim- inate the old shed wall. Fulton Brown 24 Ar lington Street Winchester, Mass. RA04 N 0 T I C E April 18, 1945 0 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of Fulton Brown for permission to connect the buildings located at #7 and #9 Muzzey Street, Lexington, by extending the shed of #7 about two feet and eliminating the present shed wall, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 inclusive, as amended. The hearing will be held on Friday, May 4, 1945, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. Winthrop H. Bowker Acting Chairman, Board of Appeals The Clerk informed the Board that four applications for hearings had been received, and it was decided to hold the meeting on May 25, 1945. The meeting adjourned at 8:25 P. M. A true record, attest: