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HomeMy WebLinkAbout1947-05-0921 BOARD OF APPEALS MEETING May 92 1947 A meeting of the Board of Appeals was held in the Selectmen►s Room, Town Office Building, on Friday evening, May 9, 1947. Chairman Locke, Mr. Redman, Brown, Rich and Associate Member Ripley were present. The Clerk was also present. At 8;03 P.M., hearing was declared open upon the petition of Irene Webb for permission to operate a Children►s Exchange Shop on the premises located at 520 Waltham Street. Notice of the hearing was read by Mr. Redman. There were seven persons present. Notices of the hearing have been mailed to the owners of all property deemed by the Board to be affected thereby, as they appear on the most recent local tax list. Mrs. Webb stated that this business is not entirely original in a residential section. It is not really called a business - more or less of a addeline interest. It is of benefit or people who have children. She will use one room. There will be no advertising. It would run something like this; A woman purchases a coat for her child this year. The following year, it does not fit the child. She would like to realize something from it rather than give it to the Salvation Army or some other organization. It would be brought to Mrs. Webb, cleaned and laundered. The client puts a price on the garment, and for the sale of this garment, Mrs. Webb would receive 20% for her commission. It would help other people and yet would not hurt her property. It would be more or less as thomgh saneone were visiting her. This is the complete story. Mr. Locke; No changes in the outside of the house? Mrs. Webb; No. Mr. Locke; One room given over for this use? Clients enter through the front door? Mrs. Webb; Yes, this is a single house. They own the property - she and her husband. Mr. Locke; What hours would you be open. Mrs. Webb; Mostly by appointment. My hours are rather irregular because I work off and on in Lexington. It would ' be better if people called and made their own appointments. 22 Mr. BnaMI, What about the necessity for parking of cars? Mrs. Webb; Cars could park in the driveway. I would be sure that there were no more than two people there at one time. Mr. Nilsson, 495 Waltham Street, said that judging from what Mrs. Webb has said, there is no reason for object- ing to this permit. Mrs. Webb has a very nice home and he is sure that she would not do anything to mar it. He has no objections to this application. Mrs. Frank Stowell, 498 Waltham Street, stated that she had signed against the petition, but now can see no reaaon for not granting this application. Mrs. Nilsson, 495 Waltham Street, has no objections to this permit. She thinks it would be a help to young mothers. Mrs. Macbeth, 507 Waltham Street, stated that she had been here about six months ago to oppose Mr. Ferreirals Petition. She is against business in that locality. Mr. & Mrs. Nilsson have opened an Antique Shop on their premises, and apparently have no objections to this because of their own business. She believes that in a neighborhood such as theirs, thix is just an opening wedge for other businesses that might come in that section. It is zoned purely for one family houses and is unfair to let roadside stands or any- thing else that is not residential into that locality. She dislikes to oppose the Webbs. Mrs. Webb said herself that the area is a dangerous place for children. Mr. Macbeth, 507 Waltham Street, brought a petition signed by various neighbors protesting this because it is zoned for one family houses. It is bound to bring property values down. If the permit were gr&Ated, there would be nothing to prevent Mrs. Webb from taking all eight rooms in the house for her business. The signed petition was handed to Mr. Locke for the records. Mrs. Webb stated that she would do nothing to deface the property for they have spent a lot of time fixing it up. As far as spreading is concerned, she only wants one room. She has contacted many people and they are all interested in this particular exhange idea. They all seem to feel that it is a good idea. The mothers seemed to feel that her eommIssion was very reasonable. 23 Mr. Stowell, 498 Waltham Street, wishes to go on ' record as taking Mrs. Webb at her word. He does not feel that this would be injurious to the neighborhood. The hearing was declared closed at 8;20 P.M. At 8;22 P.M., hearing was declared open upon the petition of Countryside Association, Inc. for permission to operate a golf driving range on Lowell Street. Notice of the hearing was read by Mr. Brown. There were three persons present. Notices of the hearing have been mailed to the owners of all property deemed by the Board to be affected thereby, as they appear on the most recent tax list. Mr. Cronin, 1357 Washington Street, Newton, Attorney for the petitioners, stated that they have had the golf driving range for three years. Mr. Kelly, Mr. Osborne and Mr. Visco are the three owners. Mr. Kelly has formerly had the petition taken out in his name, but now they are all partners. Since they have had this range, they have con- ducted the business in a very efficient manner. There have been no objections as far as they know. They have kept the place neat and clean and tidy. They have stayed within the law. They have done a lot of work there, and have put money into it bo keep the grounds up. If it meets with the Board's approval, they would like to have the permit grant- ed again this year. Mr. Locke; Have there been any changes made as to location of building or tees? Mr. Kelly; Two tees have been added. The building is in the same spot. Mr. Locke; No changes in the location of the tees? Mr. Kelly; No. Mr. Locke; Driving range will still close at 11;00 P.M. Mr. Kelly; That is right. Mr. Cronin stated that he understood that Mr. Munroe had passed away. As far as the lease is concerned, the Bank would renew it. The lease, however, runs until the end of the year? Mr. Redman; Any other activity there but golf? Mr. Cronin; Nothing else. Mr. Locke; Plenty of parking space? 24 Mr. Selly; Yes. year. Mr. Locke read the petition and.order of last The hearing was declared closed at 8;29 p.M. The Board considered the application of the Countryside Association, Inc. Upon motion of Mr. Rich, seconded by Mr. Brown, it was unanimously voted that the application be granted in the following form; 11 1 11 24 a BOARD OF APPEALS PERMIT The Board of Apneala, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30A as amended, having received a written petition addressed to it by Countryside Associates, Inc. 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 ninth day of May, 1947. 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 shows That Countryside Associates, Inc. requested an extension of the permit granted last year to Richard Kelly for the maintenance of a golf driving range on the premises owned by the Estate of Howard M. Munroe located on Lowell Street adjacent to Countbyside, Inc.; that all conditidna of the previous permit would be acceptable to the new owners. It was stated that two additional tees in line with the pre- viously existing tees had been added. No one appeared in opposition to the said petition. At the close of the hearing the Board in private session on May 9 1947 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 Lexington Zoning By-law. 24 b 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 aprlication of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Countryside Associates, Inc. to use a portion of the land owned by the Estate of Howard M. Munroe on Lowell Street, in the rear of Countryside, Inc. for a golf driving range, subject to the following conditions; 1. That the row of tees shall be placed at such angles from the line of Lowell Street that the balls travel away from the Countryside restaurant. 2. That the operation of the driving range shall cease by 11;00 P.M. 3. That sufficient parking space on the land of the Estate of Mr. Munroe shall be providid to obviate parking on the streets. 4. That this permit shall expire June 81, 1948. 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, includ- ing 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 OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) /s/ Errol H. Locke ( over ) Lester T. Redman Aiden L. Ripley J. Milton Brown {{ John F. Rich I, Virginia B. Tarbell, 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 twenty-fourth day of April 1947 to Loreto Visco, Elmino Munroe, Countryside Inc., Lester H. & Arlene E. Fogg, Albert E. & Marion C. Olsen, Clifford H. & Mary C., McGee, Mrs. Jennie Currier., Leonard'C. Dozier, James W. Quinn, Charles McLaughlin, and also advertised in the Lexington Minute Mannon April 24, 1947, a.notice of which the following is a true copy. /s/ Virginia,B. Tarbell Clerk, Board of Appeals. N O T I C E April 24, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning'Law on petition of the Countryside Associates, Incorporated by permitting on the premises owned by the Estate of Howard M. Munroe and located on Lowell Street, Lexington, a permit for a golf driving range, under the Lexington Zoning By-law and in ancordance with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held on May 90 19472 at 8;15 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass, Errol H. Locke Chairman, Board of Appeals. April 220 1947 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 30A as amended, to vaby the application of secti6n 9d of the Lexington Zoning By-law with respect to the premises on Lowell Street owned by the Estate of Howard Munroe of Lexington by permitting the following: To maintain a golf driving range. Countryside Associates, Inc. by Loreto Visco, Treasurer 258 Nevada Street Newtonville 60, Mass. The Board next considered the application of Irene T. Webb. Upon motion of Mr. Brown, seconded by Mr. Redman, it was unanimously voted that the application be granted in the following form.. 24 c BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to ZOA as amended, having received a written petition addressed to it by Irene T. Webb 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 ninth day of May, 1947. 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 shows That Irene T. Webb wished to operate a Children's Goods Exchange Shop on the premises at 520 Waltham Street, Lexington owned by Irene T. and H. Albert Webb. Mrs. Webb stated that no changes of any nature would be made in the building; that one room would be given over to the requested use; that no signs would be erected on the premises, and that she believed that persons coming to avail themselves of the facilities would usually come by appointment; that her driveway would provide sufficient parking facilities. Two persons ppoke in opposition and a petition was presented op- posilig the granting V this permit signed by five persons Rho did not appear at the hearing. At the close of the hearing the Board in private session on May 9, 1947 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: le 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 Lexington Zoning By-law, 1 24 d -2- 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 Lexington Zoning Bylaw is hereby varied so far as may be necessary to permit Irene T. Webb to maintain and operate a Children's Goods Exchange Shop at 520 Waltham Street, Lexington subject to the following conditions; That not more than one room in the residence shall be devoted to the uses of the shop; that no signs shall be erected on the premises; that the permit shall run only so long as Irene T. Webb owns and occupies the property, and in any event shall expire May 9, 1948. 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 haaring, includ- ing 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. ( over ) BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) /s/ Errol H. Locke Lester T. Redman Aiden L. Ripley J. Milton Brown John F. Rich I, Virginia B. Tarbell, 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 twenty-fourth day of April 1947 to Irene TWebb, Annie Hatkoff, David T. & Helen M. McPeake, Milford Woodward, Matthew A. & Elizabeth C. Macaulay, Niles G. Nilsson, Ellen Pollock, Joseph H. Potter, David A. Rix, Lawrence J. &.Mary A. Selig, Mrs. Helen Co Macbeth, Andon & Vanthi A. Grigor, Alfred B. Chiachi.a, Mary B. Wall, Mrs. Mary McMakin and also advertised in the Lexington Minute Man on April 24, 1947,•a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of AppeAls N 0-T I C E April 24, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of Irene T. Webb by permitting on the premises owned by Irene T. and H. Albert Webb and located at 520 Waltham Street, Lexington a Children's Exchange Shop, under the Lexington Zoning By-law and in accordance with General Laws, Chapter 400 Sections 25 to 30a as amended. The hearing will be held on May 9, 1947, at 8;00 P.M. in the Selectments Room, Town Office Building, Lexington, Mass, ERROL H. LOCKE Chairman, Board of Appeals March 27, 1947 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 30A as amended, to vary the application of section 9d of the Lexington Zoning By-law with respect to the premises at No. 520 Waltham Street, owned by Mr. and Mrs. H. Albert Webb of Lexington by permitting the following; Children's Exchange Shop, Irene T, Webb 520 Waltham St. Lexington 73, Mass. The meeting adjourned at 9;10 P.M. A true record; Attest Clerk, Boardof Appeal. s.