HomeMy WebLinkAbout1940-09-20 185
BOARD OF APPEALS RECORDS-SEPTEMBER 20, 1940
A meeting of the Board of Appeals was held in the
Selectmen' s Room, Town Office Building at 8 00 P. M.
Messrs. Kimball, Robbins, Locke, Brown, and Bowker were
present. The Secretary was also present.
In the absence of Mr. Glynn, Mr. Kimball acted as
Chairman , Pro-tem.
At 8 00 P. M. hearing was declared open upon the
application of the David Buttrick Company for permission to
use the small building located at 384 Bedford Street, Lex-
ington, for the storage and sale of apples raised on the
premises.
Inasmuch as no persons appeared in favor or in
opposition to the granting of the petition, no action was
taken on it.
The records of the meeting held on August 23rd were
declared approved.
At 8 15 P. M. hearing was declared open upon the
application of the Colonial Garage, Inc. for permission to
maintain a parking space for automobiles in an area 50 feet
inside the R.1 zone bordering on the C.l zone , on the land
located at 1686 - 1698 Mass. Ave. , and to maintain bowling
alleys in a proposed building to be located on the said
property.
Mr. Eugene Viano and nineteen other persons were
present at the hearing.
The notice of the hearing was read by Clerk Robbins .
Mr. Viano said that this petition was preliminary
to the proposed erection of a business block on the so-called
Valentine property.
When the Zoning Law was put into effect, the business
zone went back to a depth of one hundred feet. Mr. Viano
said that that was no longer adaptable for the type of
stores now being erected. He said that the parking problem
was becoming serious, and that to his knowledge, the parking
problem in Lexington Center had been serious for many years.
The business men consider it a serious hindrance to the
conduct of their business, and he believed that business
had to provide its own parking area.
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He said that Lexington had not had any new
business construction for many years, but in towns
around, business has been providing its own parking
space He said that this building would take up the
entire business zone. If the Board granted them the
right, they propose to park in a fifty foot zone in
the rear of the business zone.
Mr. Viano presented a plan of the proposed
building, and also presented a plot plan.
He said the bowling alleys would consist of ten
alleys in the basement of the building, and that there
would positively be no noise coming from the alleys.
Mr. Kimball asked if any part of the bowling
alleys would come within the residential zone, and Mr.
Viano replied in the negative. He said that the alleys
would take in about 75 feet of the basement. He said
that the building would not extend back as far as the
Colonial Garage building. He said that the parking
area would accommodate about 50 cars.
Mr. John Rudd asked if there would be any regulations
on the parking, and Mr. Viano replied in the affirmative.
Rudd asked if cars could park in there at any time, and
Mr. Viano replied in the affirmative. Mr. Rudd asked if e
people would not have room enough to park in the street
after the stores were closed, and Mr. Viano said that
they should, and if they did, they certainly would not
drive around to the rear of the block of stores. Mr.
Rudd asked if he believed that parking after store hours
was necessary, and Mr. Viano said that he did. Mr. Rudd
thought that the noise of people starting cars around mid-
night would be a nuisance. Mr. Rudd said that there was
a parking area in the rear of the Town Office Building,
and that the Chamber of Commerce was advocating parking
there. He thought that this parking space was sufficient,
and that Mr. Viano ' s parking area was not necessary.
Mr. Viano said that the tenant of one of the
stores insisted on parking space.
One man asked how long a permit of this sort would
run, and Mr. Kimball said he believed a permit of this
sort would not be limited.
Mr. Viano said that eventually the business zone
on Mass. Ave. had to grow back from 100 ' to 150 ' . He
said that people would not walk to and from a parking
space. He said that he could not rent the largest store
unless there was a side parking area as well as a parking
area in the rear. 11
187
Mr. C. H. Ferguson said the best thing to do would be
to make a study of the whole area and consider taking back
the whole business zone to 150 ' , rather than to grant this
petition.
Mr. Viano said that people were continually parking
in a residential zone , and as a matter of fact, there was
considerable doubt in his mind if the Town dould stop them
from parking in the residential zone.
No other persons appeared in favor of the granting of
the petition.
Mr. Kimball asked if there were any persons appearing
in opposition, and seventeen persons stood up.
Mr. Harold F. Lombard of 24 Vine Brook Road said that
the people had no objection to the bowling alleys if they
were sound-proof , but if there were windows in the rear that
would open so that noise would escape and disturb the
neighbors, they would object. As far as the parking space
in the rear went, he thought it to be an opening wedge
toward making the lot into a 0.1 zone, rather than an R.l
zone. They would object to that.
Mr. Kimball asked if any persons objected to the bowling
alleys, and they all said that if they were sound-proof, they
would have no objection.
Mr . Viano said that Mr. Lombard stated that this was an
opening wedge toward making this into a business zone , but
that they had no intention of building on the rear of the lot.
He said that most of the arguments were based on fear, and
not on logic.
Mr . N. W. Nilson of 19 Vine Brook Road said that he
did not agree that the arguments were based on fear. He said
that the rear of the garage was always used for a parking
space . In the last ten years it has been used for all sorts
of things, and the abutters believed that this was an enter-
ing wedge toward making this a business zone.
A Mr. Davis of 4 Sherburne Road said that if the
parking space was for the good of the community, then it was
up to the Town to provide it, and not the province of an
individual.
Mr. Viano asked if there was any objection to the type
of building, and there was none
Mr. E. J . Connors of 4 Vine Brook Road said that if
IIparking was so important, it might be possible to provide a
188
parking space in the front of the building, on the main
thorofare.
Mr. Locke asked what provision had been made for
ventilation, and Mr. Viano said the building would be
air-conditioned, and that there would be no windows in the
bowling alleys.
No other persons wishing to be heard, the hearing was
declared closed at 8 48 P. M.
Upon motion of Mr. Brown, seconded by Mr. Bowker,
it was voted to grant the petition for the maintenance of
the bowling alleys 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 the Colonial Garage, 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 news-
paper
published in Lexington, which hearing was held in the
Selectmen' s Room, in the Town Office Building on the 20th
day of September , 1940.
Two Associates and three 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 was the intention of the Colonial Garage , Inc.
to erect a building within the present business area locat-
ed at 1698 Mass. Ave. approximately 163 feet on the Mass .
Ave. side, and extending in depth 100 feet ,
That they propose to have ten bowling alleys in the base-
ment and seven stores on the first floor,
That the bowling alleys would be as sound-proof as practi-
cal;
That there would be no open windows, and that air-condition-
ing would be installed.
No persons objected, provided the bowling alleys were sound-
proof.
At the close of the hearing the Board in private
session on September 20, 1940 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
189
welfare will be substantially served by the making of the
exception requested.
2. That the exception requested will not tend to
impair thestatus 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. 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 unan-
imously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit the Colonial Garage, Inc. to build and maintain
ten bowling alleys in the proposed building to be erected
at 1686-1698 Mass. Ave. as shown on a plan entitled "Store
and Office Building at Lexington, Mass. for the Colonial
Garage , Inc. , Eugene J. Viano Pres. 1940 , John Edmund Kelley,
Architect, 38 Chauncy St. , Boston Mass." , subject to the
following conditions
1. That the said alleys shall be made as sound-proof as
practical,
2. That outside windows shall not be open at any time while
bowling is in progress ;
3 . That the premises shall be kept in a neat and orderly
condition.
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 open to public inspection 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)
190
n
EDWARD W. KIMBALL
II
ERROL H. LOCKE
J MILTON BROWN
WINTHROP H. BOWKER
HOWARD W. ROBBINS
I, Howard W. Robbins, Clerk of the Board of Appeals of
Lexingtbbbbn, appointed under General Laws , Chapter 40, Section
27, hereby certify that I sent by postage certificate of
mailing on the 27th day of August, 1940, to Charles W. &
Robert L. Ryder, Colonial Garage, Inc. , James J. & Lucy D.
Walsh, Beatrice F. Morse, Joseph & Annie T. Hurley, Marg-
aret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney,
Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen E.
Lombard, Benjamin F. & Mildred P. Groot, Clements H. &
Mildred P. Ferguson, Harold S. & Mabel D. Johnson, Lex.
Real Estate Trust , Robert L. Ryder,Tr. , Edward J. & Mary
C. Connors, Helen S. Davis & George W. Sootkoff, Daniel J.
O 'Connell, Lora B. Worthen, Carrie Norris, Alice M. Hurl-
burt, New England Trust Co. of Boston, Annie Harrington,
Frederick R. Galloupe , John F. & Mary E. Dowd, Arthur N. &
Minnie C. Maddison, Fred W. & Lucy A. Miller, Heirs of
Ada H. Rowse, Oscar F. & Eliz. Sette, Beatrice H. Lamont,
Grace P. Brown, William H. Driscoll, Charles W. Ryder,
West,Eliz. W
e c/o Wm. H. Hill, Bridget Leary, Susan A. Spencer,
II
Sarah E. Comley, Fanny Franks, Freda R. Bunker, Emily H.
Morse , Robert T. & Richard J. Spencer, Heirs of James F.
O'Halloran, Gertrude E. Mitchell, S bastiano Nicci , George
H. & Mabel F. Peterson, Lulu 1. Blae, Catholic Club of
Lexington, Beatrice F. & Wendell H. Burgess, Catherine T.
MacDonald , William 1I. & Alice S. Crawford, Norbert M. Eng-
lish, Anstiss S. Hunt, Virginia Leavitt, The First Baptist
Church, Edgar J. Thivierge, Bertha M. Baker, Lucy D. &
Bertha M. Hutchinson, Alice T. McCarthy, Frederick D. Cook,
Herman & Margaret MacKay, Florence P. Cleveland, and also
advertised in the Lexington Minute Man on August 29, 1940,
a notice of which the following is a true copy.
HOWARD W ROBBINS
Clerk, Board of Appeals
August 20, 1940
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen- I
The undersigned hereby petition the Lexington Board of
191
Appeals, appointed under General Laws, Chapter 40 , Section
27 to vary the application of section 9A of the Lexington
Zoning By-Law with respect to the premises at No. 1698
Mass. Ave owned by the Colonial Garage, Inc. of Lexington,
by permitting the following The maintenance of bowling
alleys in a proposed building at the above address.
Colonial Garage, Inc .
Eugene J. Viano, Pres.
16o8 Mass. Ave .
Lexington, Mass.
August 20, 1940
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 9G of the
Lexington Zoning By-law with respect to the premises at
' No. 1686 -1698 Mass. Ave. , owned by the Colonial Garage ,
Inc. of Lexington by permitting the following The parking
of automobiles in an area fifty feet inside the R. -1 zone
bordering on the C.-1 zone on Mass. Ave. - This area would
be 215 feet long and 50 feet deep.
Colonial Garage, Inc.
Eugene J. Viano , Pres.
1668 Mass. Ave .
Lexington, Mass.
Lexington, Mass.
August 26, 1940
BOARD OF APPEALS NOTICE
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 Colonial Garage , Inc. and
located at 1686 Massachusetts Avenue , to 1698 Massachusetts
Avenue, Lexington, the parking of automobiles in an area
50 feet inside the R.l zone bordering on the C.1 zone and
the maintenance of bowling alleys in a proposed building
to be located at 1698 Mass. Ave . , Lexington, under the Lex-
192
ington Zoning Law or in accordance with Chapter 40 ,
Section 27A of the General Laws and amendments .
The hearing will be neld on September 20 , 1940, at
8 15 P. M. in the Selectmen' s Room, Town Office Build-
ing, Lexington, vass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
Insert Lexington Minute-Man, Aug. 29th, 1940
Upon motion of Mr. Locke , seconded by Mr. Bowker,
it was unanimously voted to grant the petition for the
maintenance of the parking space 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 Colonial Garage , 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 publish-
ed in Lexington, which hearing was held in the Selectmen' s
Room, in the Town Office Building on the 20th day of Sep-
tember, 1940.
Two Associates and three 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 desired to establish a parking space in the
rear and side of the proposed building located at 1686-
1698 Mass. Ave , as shown on a plan entitled "Store and
Office Building at Lexington, Mass. for the Colonial
Garage, Inc. , Eugene J. Viano , Pres. 1940, John Edmund
Kelley Architect, 38 Chauncy St. , Boston Mass . " , that
the proposed building would utilize a part of the commer-
cial area and that it was their desire to provide parking
privileges for the customers of the tenants ,that he
believed that parking space was a requirement today for
the satisfactory rental of business property.
Seventeen persons appeared in opposition, stating
that in their opinion the use of these premises for park-
ing, especially in connection with the bowling alleys would
create undue noise and would be a detriment to their well-
being, and belief was expressed that this usage was an en-
tering wedge to extend the business area at this location.
193
At the close of the hearing the Board in private
session on September 20, 1940 gave consideration to the
subject of the petition and voted unanimously in favor of
the following findingsā¢
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 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. 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 pro-
visions of the Lexington Zoning By-law as to the locus in
question would involve substantial hardship to the petition-
er and that desirable relief may be granted without sub-
stantially derogating from the intent or purpose of such
Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unani-
mously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit the Colonial Garage, Tnc. to maintain a parking
area for automobiles in an area 50 feet inside the R.l
zone at 1686 - 1698 Mass. Ave. , Lexington, subject to the
following conditions
1. This parking space shall extend not over 50 feet into the
R.l district, measured from the present bounds of the present
C.l district at this point ,
2. That there shall be erected and maintained a suitable
continuous fence along the entire back line of the property
between the side lines as shown on a blue print by John
Edmund Kelley, dated 1940 and filed with the Board of Appeals;
3 . That the parking of cars shall be confined to those owned
by the tenants, their employees, and customers ,
4. This space shall not be permitted for use as accessory
to the Colonial Garage business;
5. That it shall be used only for parking only during the
hours of the business use of the premises.
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
194
hearing, including that herein summarized, and directs that 111
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 APPEALS OF LEXINGTON
(Appointed under G.L. Ch.40,Sec. 27)
Edward W. Kimball
Winthrop H Bowker
Howard W. Robbins
J. Milton Brown
Errol H. Locke
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, 1940 , to Charles W. &
Robert L. Ryder, Colonial Garage, Inc . , James J. & Lucy D.
Walsh, Beatrice F. horse , Joseph & Annie T. Hurley, Marg-
aret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney,
Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen R.
Lombard, Benjamin F. & Mildred P. Groot, Clements H. &
Mildred P. Ferguson, Harold S. & Mabel D. Johnson, Lex. Real
Estate Trust , Robert L. Ryder, Tr. , Edward J. & Mary C.
Connors, Helen S. Davis & George W. Sootkoff, Daniel J.
O ' Connell, Lora B. Worthen, Carrie Norris, Alice M Hurlburt,
New England Trust Co. of Boston, Annie Harrington, Frederick
R. Galloupe , John F. & Mary E. Dowd, Arthur N. and Minnie C.
Maddison, Fred W. & Lucy A. Miller, Heirs of Ada H. Rowse,
Oscar F. & Elizabeth Sette, Beatrice H Lamont , Grace P.
Brown, William H. Driscoll, Charles W. Ryder, Elizabeth
West, c/o William H. Hill, Bridget Leary, Susan A. Spencer,
Sarah E. Comley, Emily Ffanks, Freda R. Bunker, Emily E.
Morse, Robert T. & Richard J. Spencer, Heirs of James F.
O 'Halloran, Gertrude E. Mitchell, Sebastiano Nicci, George
H. & Mabel F. Peterson, Lulu M. Blake, Catholic Club of Lex-
ington, Beatrice B. & Wendell H. Burgess, Catherine T.
MacDonald, William M. & Alice S. Crawford, Norbert M.
English, Anstiss S. Hunt, Virginia Leavitt, The First Bap-
tist Church, Edgar J . Thiviorge, Bertha M. Baker, Lucy D.
& Bertha M. Hutchinson, Alice T. McCarthy, Frederick D. Cook,
Herman & Margaret MacKay, Florence P. Cleveland, and also
advertised in the Lexington Minute Man on August 29 , 1940,
a notice of which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
195
' August 20, 194.0
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 9A of the Lexington
Zoning By-law with respect to the premises at No. 1698
Mass. Ave. , owned by the Colonial Garage , Inc. of Lexington,
by permitting the following The maintenance of bowling
alleys in a proposed building at the above address.
Colonial Garage , Inc.
Eugene J. Viano , Pres.
1668 Mass. Ave.
Lexington, Mass.
August 20, 1940
' 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 9G of the Lexington
Zoning By-law with respect to the premises at No. 1686 -
1698 Mass. Ave , owned by the Colonial Garage, Inc. of
Lexington by permitting the following The parking of
automobiles in an area fifty feet inside the R.-1 zone
bordering on the C. -1 zone on Mass. Ave . - This area would
be 215 feet long and 50 feet deep.
Colonial Garage, Inc.
Eugene J. Viano, Pres.
1668 Mass. Ave.
Lexington, Mass.
Lexington, Mass .
August 2o, 1940
196
BOARD OF APFLALS NOTICE
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 Colonial
Garage , Inc . and located at 1686 Massachusetts Ave. to
1698 Massachusetts Avenue, Lexington, the parking of
automobiles in an area 50 feet inside the R.l zone
bordering on the C.1 zone and the maintenance of
bowling alleys in a proposed building to be located at
1698 Mass. Ave. , Lexington, 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 September 20 , 1940,
at 8.15 P. M. in the Selectmen' s Room, Town Office Build-
ing, Lexington, Mass.
C EDWARD GLYNN,
Chairman, Board of Appeals
Insert Lexington Minute-Man, Aug. 29, 1940.
The meeting adjourned at 10 00 P. M.
A true record, Attest
C erk
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