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HomeMy WebLinkAbout1945-11-16259 BOARD OF APPEALS MEETING 0 November 16, 1945 A meeting of the Board of Appeals was held on Friday, November 16, 1947, at 8;00 P. M. Chairman Bowker, Messrs. Brown, Locke, Nickerson and Redmen were present. The Clerk was also present. At 8;10 P. M. hearing was declared open upon the appli- cation of Harry D. Hull for permission to maintain and operate a riding school and stable on the premises owned by him and located at 258 Lowell Street, at the corner of,Maple Street, Lexington. The petitioner and five other persons were present at the hearing. Notice of the hearing was read by Mr. Brown. - Mr. Hull said that he desired to start a riding school for for purpose of additional income from his farm and also to have hayrides in connection with his restaurant in Arlington. He said that he would keep the school so that it would be more or less exclusive and more -like -a club than a school. The Chairman asked how many horses Mr. Hull hoped to have and he said that he now has nine and would like to keep fifteen. He said that they would all be saddle horses. The Chairman asked how large the farm is and Mr. Hull replied that he owns fifty-eight acres. The Chairman asked if Mr. Hull intended to have a riding ring and he replied that he would have a half mile track and a ring for beginners. The Chairman asked if there would be an instructor. Mr. Hull said that he now employs a farm manager who will take care of the horses until spring and then he will have one instructor unless the school warrants more than one. The.Chairman asked if Mr. Hull would supervise the school and he said that he would visit the farm every day. The Chairman asked how many horses could -be kept in the barn, and Mr. Hull stated that he now keeps forty cows in the barn. The Chairman asked what hours of the day and what days of the week the school would be open. Mr. Hull said that he intended to have the school open until dark every day including Sunday and holidays. The Chairman asked if Mr. Hull intended to have any signs in connection with the school and he replied that he will merely have the name of the farm painted on the front of the barn. The Chairman asked if there would be any lights and Mr. Hull replied that there would only be lighting necessary to take care of the horses. The Chairman asjed where the riding would be done and Mr. Hull stated that there is a road in the rear of the farm which will be enough for any ordinary rider, and that most df the riding will be done back of the barn in the swamp land. Mr. Brown asked if fifteen would be the minimum number of horses kept in connection with the riding school and Mr. dull stated that he has not sufficient room to keep more than fifteen. Mr. Locke asked if Mr. Hull would own all the horses and he replied in the affirmative. Mr. Redman asked if Mr. Hull owned the house as well as the barn and he replied in the affirmative. Mr. Locke asked if there were any restrictions on the property when Mr. Hull purchased, and he said that Mr. Wheeler did,not want anyone objectionable on the property, but that there were no restrictions. The Chairman asked if there were any persons present who were in favor of granting the petition. No persons at the hearing were in favor. The Chairman asked if there were any present who would like to speak in opposition. NIr. John B. Castelli, 194 Lowell Street said that he thought Lowell Street is too narrow for horse -back riding. The Chairman asked if Mr. Castelli's chief.objection was because of the width.of Lowell Street and Mr. Castelli replied in the affirmative. Mr. Peter K. Pappas, 188 Lowell Street said that if Mr. Hull were permitted to keep horses, he might want to keep them also. The Chairman asked if he felt that the riding school would be detrimental to his property. Mr. Pappas said that he did not think Mr. Hull should keep horses. Mr. C. F. Delsino, who also lives at 188 Lowell Street, said that he objected to the odors. Mr. Charles R. Alger, 162 Lowell Street, said that he did not think the area should be used for a riding school. He said that he thought Lowell Street was too narrow for horses to travel over. Mr. Mann, Manager for Mr, Hull, said,that a stable could not be operated unless the animals were kept clean. He said that the horses for riding schools must be kept well groomed and clean. Mr. Hull said that he did not know his neighbors and that he did not intend to offend them in any way. He said that he had an electric fence around his property in an endeavor to keep his animals enclosedt but the neighbors objected and he had to dis- continue using it. The hearing was declared closed at 8;30 P. M. The Chairman read a letter from Mr. Harvey Wheeler, objecting to the granting of the petition. After considering the facts as presented at the hearing, upon motion of Mr. Locke, seconded by Mr. Brown, it was unan- imously voted that the petition be denied in the following form; • 261 BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 50 as amended, having received a written petition addressed to it by Harry D. Hull, 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 Rooms, in the Town Office Building on November 16, 1945. Five 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 to maintain and operate a riding school and stable on the premises owned by him and located at 258 Lowell Street at the corner of Maple Street, Lexington. The petitioner stated that he wished to keep 15 horses for use in the riding school. He also stated that he would have one instructor, and that he intended to have a riding ring; that he would like to operate the school week days, Sundays and holidays during the daylight hours; that the riders would principally ride on his property of 58 acres. Evidence was offered on behalf of citizens opposing the • granting of the said petition tending to show that the riding school would be on a main highway which was felt to be very narrow and that the horses would be a menace to traffic; that the neighbors objected to the keeping of so many horses and the odor that would go along with such a stable; that they felt that the horses would trespass on their property. Four of the neighbors appeared apposing the gtanting of the petition on the grounds that it would be detrimental to their property. At the close of the hearing the Board in private session November 16, 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 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 262 public good and without susbstantially 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 Harry D. Hull and based its decisions on the basis that Lowell Street is a heavily travelled and narrow highway and that a riding school will be a menace to the safety of tracel on the said highway. 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 eadh pasty in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker Errol H. Locke Lester T. Redman D. E. Nickerson J. Milton Brown I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby cer- tofy that I sent by postage certificate of mailing on the first day of November, 1945, to Harry D. Hull, Ernest R. & Mary A. Row- land, Hamden Be & Florence M. Blodgettm John F. & Rita N. Glennon, Zeno & Margaret MacDonald, Nora Alger, Hattie M. Jones, Armour Watson, Peter K. & Anna Pappas, John Be & Mary A. Castello, Harvey C. Wheeler, Leon H. & Leona Truesdell, William Frith, E1ina & Howard Munroe, Gail W. & Helen Smith, Albert R. & Gertrude Kaufman, and also advertised in the Lexington Minute -Man on November 1, 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals Lexington, Mass, November 1, 1945 N 0 T I C E The Board of Appeals will hold a nearing on the matter of varying the application of the Zoning Law on petition of Harry D. Hull for permission to maintain and operate a riding school and stable pn the premises located at 258 Lowell Street at the corner of maple Street, Lexington, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on November 16, 19452 at 8;00 P. M'.. in the Selextments Room, Town Office Building, Lexington, Mass, WINTHROP H. BOWKER Chairman, Board of Appeals October 1919 1945 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, Sections 25 to 30 as amended, to vary the application of section of the Lexington Zoning By-law with respect to the premises at No. 258 Lowell Street, corner of Maple Street, owned by Harry D. Hull of Arlington by permitting the following; Vaintain and operate a riding school and stable. • Harry D. Hull 258 Lowell Street Lexington, Mass. The meeting adjourned at 9;20 P. M. A true record, attest; 0 1 i of App 1s 0