HomeMy WebLinkAbout1930-09-19 ..es:
BOARD OF APPEALS MRETIMO
Sept. 19, 1930. no
A meeting of the Board of Appeals was held at. the
Selectmen's Room, Town Office Building at 8 P.M. Messrs.
Maddison, Glynn, Custance and Slocum were present.
Secretary, Mrs. H. C. Whittemore was also present.
Hearing was declared open on the application of
Mrs. Grace M. Smith, Bedford St. , for permission to
construct a miniature golf course on a portion of her
property on Bedford Street. Mr. Arthur L. Smith spoke
on behalf of his wife, Grace M. Smith, and in behalf of
the Smith Bell Farm Stores, Inc.
Mr. Smith stated that he felt that all of the members
of the Board knew their place of business . They operate
swings for the children which are free, and causes them
considerable expense. He stated that many times people
go there and leave their children with him and go elsewhere
to play miniature golf. They therefore, felt that they w@uld
like to have a miniature golf course on their own premises
and inasmuch as they have ample parking space for one
hundred and fifty cars, they felt that there would be no
need for parking on the highway.
They intend to place the golf course on the land next
to Mr. Commons ' house. It will take in a part of what they
use now as a playground and will come into the parking
space to take up the space that would be occupied by
approximately ten cars . Mr. Smith felt that he could
accommodate one hundred and fifty cars in' the parking space
without anyone having to direct the parking. He called
attention to the fact that when the Sons of Veterans had
their Field Day there, they had a policeman who directed
the parking and there were a great many cars parked. He
stated that the tendency of cars coming to the station was
to drive in to the parking space, although a few of the
automobiles do park out in the highway and it is impossible
to control the parking in the highway. He has tried to do
this many times but has not succeeded in having them all come
in to park within the parking space.
When asked by the Board of Appeals whether or not he
would object to a permit being granted to him for a miniature
golf course Cdr one year, Mr. Smith stated that he would
not object, inasmuch as he felt that the manner in which
he conducted their business would warrant the permit being
extended.
Mr. Eugene Commons, 284 Bedford St. , stated that he
was in favor of the permit being granted for a miniature IIgolf course. His land was adjacent to the land of Mr.
Smith on Bedford St.
Mrs . Annie H. Pelton, 259 Bedford St. stated that she
lived almost directly opposite, and she was in favor of
the miniature golf course permit being granted.
69
Mr. Samuel Burgoyne, who owns land across the street,
stated that he had no objection as did also Mrs . Elsie L.
Brooks, 259 Bedford St.
At the close of the hearing, the Board took the
matter under advisement, and it was voted to pass the
following orders
The Board of Appeals, acting under General Laws,
Chapter 40, sec. 27, having received a written petition
addressed to it by Arthur L. Smith of the Smith Bell Farm
Stores Inc., a copy of which is hereto annexed, held a
public hearing thereon of which notice was mailed to the
petitioner and th the owners of all property deemed by
the Board to be -affected,,thereDy.-.as Lthgy appear on the
most recent local tax list, and also advertised in the
Lexington Times- Miiaute .Man;, a. rias apeir .'i hod:- iin
Lexington, which hearing was held Y% the Selectmen:s Room
in the Town Office Building on Friday, the nineteenth day
of September, 1930 at 8 o'clock P.M. 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
the use of a portion of the land owned by Grace M. Smith
on Bedford Street for a miniature golf course would not
be detrimental to the neighborhood,bo_r
g hood, and no evidence was
offered on behalf of citizens opposing the granting of the
said petition.
At the close of the hearing the Board in private
session gave consideration to the subject of the petition
and voted unanimously id 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 requested.
2. That the exception requested will not tend to
impair the atatua of the neighborhood.
3 That the exception requested will be in harmony
with the general purposes and intent of the regulations in
the Lexington Zoninz By-law.
4. That the enforcement of the Lexington Zoning By-
law as to the locus in question would involve practical
difficulty and unnecessary hardship and the relief requested
may be granted without substantially derogating from the
intent and purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby
unanimously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit the use of a portion of the land of Grace M. Smith
on Bedford Street, known as Smith Bell Farm Stores, Inc. for
the unexpired portion of the year 1930 and for one year there-
after ending December 31, 1931 for a niniature golf course
on the following condition:
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1. Ample provision for parking of automobiles is to be
provided so' that there shall be no parking of automobiles
on Bedford Street.
The Board hereby makes a detailed record of all its
proceedings relative to eubh petition and..hardbytsets forth
that the reasons for its decision are its findings hereinbefore
set fortis 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 06111
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, section 27 )
Arthur N. Maddison
Roland W. Baldrey
C. Edward Glynn
Curlys L. Slocum
Theodore A. Custance
I, Roland W. Baldrey, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, sec. 27,
hereby certify that I sent by registered mail on Sept. 4, 1930
to Neil McIntosh, Annie R. Pelton, heirs of: George W. Bean et al Bertha
Adm. Ethel F. Irish, Eugene & Agnes M. Commons, Samuel Burgoyne, k .
e
and Arthur L. Smith, Smith Bell Farm Stors Inc. , and also Begn
published in the Lexington Times-Minute Man on Sept. 5, 1930
a notice of which is a true copy.
Roland W. 1Baldrey
Clerk.
Bedford St.
Lexington, Mass.
Sept. 2, 1930;
Chairman of Board of Appeals
Gentlemen:
We applied to the Board of Selectmen fora permit to
Pp
build and operate a miniature golf course and they referodd"
us toou.
y
Business called me out of Town the night of your
meeting Aug. 22 so was unable to meet you.
Find enclosed $10.00 for cost of hearing on application.
71
Please advise us at your earliest convenience.
Very truly yours,
Smith Bell Farm Stores Inc.
Arthur L. Smith
(G.M.S . )
NOTICE
Lexington, Mass . , Sept. 3, 1930.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
the use of the property situated on Bedford Street and
owned by Grace M. Smith under Section 9 G of the Lexington
Zoning By-law and in accordance with Chapter 133 of the
Acts of 1924, for the construction and operation of a miniature
golf course on the said premises .
The hearing will be held on September 19, 1930 at
the Selectmen's Room, Town Office Building, at 8 P. M.
Arthur N. Maddison, Chairman
Board of Appeals.
At the close of the hearing, held Sept. 12, 1930 on the
application of Robert L. Innis to operate a miniature golf
course and golf driving range at the Marrett Gardens, the Board
took the matter under advisement and at a subsequent meeting
held Sept. 19, 1930 it was voted to pass the following order.
The Board of Appeals, acting under General Laws, Chapter
40, sec. 27, having received a written petition addressed
to it by Robert L. Innis, 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 Times-Minute Man, a newspaper published in Lexington,
which hearing was held in the Selectmen's Room in' the
Town Office Building on Friday, the twelfth day of September,
1930 at 8 :15 P.M. 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 the use of a portion of
"Marrett Gardens" so called as a driving range and miniature
golf course would not be detrimental to the neighborhood, and no
evidence was offered on behalf of citizens opposing the
granting of the said petition.
At the close of the hearing the Board in private session
gave consideration to the subject of the petition and voted
72
at the meeting held September 19, 1930, if favor bf Cl
the following findings . rn
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 the enforcement of the Lexington Zoning
By-law as to the locus in question would involve prActical
difficulty and unnecessary hardship and the relief
requested may be granted without substantially derogating
from the intent and purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby
unanimously decides that the application of the said
Lexington Zoning By-law is hereby varied so far as may be
necessary to permit the use of a portion of the land of Innis
& McLellan on Marrett Road known as "Marrett Gardens" , for the
unexpired portion of the year 1930 and for one year thereafter
ending December 31, 1931, for a miniature golf course
and driving range on the following conditions :
1. Ample provision for parking of automobiles is
to be provided so that there shall be no parking of
automobiles on Marrett Road or other public way.
2. The driving range shall be so placed that
there will be no driving ofolf balls parallel to Marrett Road
or other public way, and shall be subject to such rules
and regulations as the Board of Selectmen may establish.
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-toreach party
in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L. Ch. 40, sec. 27)
Arthur N. Maddison
Roland W. Baldrey
E. Edward Glynn
Curlys L. Sicoum
Theodore A. Custance
I, Roland W. Baldrey, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, section 27,
hereby certify that I sent by registered mail on the 28th
day of September, 1930 to Helen B. Saran, Richard
Whittemore, Everett J. Custer, William P. Martin, Francis
.&
_Thagla Thompson, Bedros H. & Toros H. Bashian, Caterina Caternio,
Edgar F. Scheibe, Irene F. Webb, Edward J. & Margaret McNamara,
Charles E. Miller, Robert P. Trask, Thomas J. & Jennie Heaney,
Frank E. Bougie and Barry/ A. Burgess, Innis & McLellan,
and also piblished in the Lexington Times-Minute Man on
August 29, 1930 a notice of which the following is a true
copy.
Roland W. Baldrey
Clerk,
August 27, 1930.
Board of Appeals
Lexington, Mass.
Gentlemen:
The undersigned hereby appeals for permission
to operate a driving range on Bedford Street on the property
owned by George W. Bean et al, Adm.
Harry A. Burgess
August 27, 1930.
Board of Appeals
Lexington, Mass.
Gentlemen:
The undersigned hereby appeals for permission to
operate a driving range and miniature golf course at
Marrett Gardens located on Marrett Road on property
owned by Innis & McLellan.
Robert L. Innis .
NOTICE
' Lexington, Mass. Aug.28,1930
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning Law by
permitting the use of the property situated on Marrett Road,
known as Marrett Gardens, and owned by Innis & McLellan,,
for a permit to construct a driving range and a miniature
golf course on the said premises; also for the use of the
property situated on Bedford Street, owned by George W.
Bean et al, Adm. , for a permit to construct a driving range
on the said premises under Section 9 G of the Lexington
Zoning By-law and in accordance with Chapter 133 of the
Acts of 1924.
The hearing will be held on September 12, 1930 at
the Selectmen's Room, Town Office Building at 8:15 A.M.
Arthur N. Maddison, Chairman
Board of Appeals.
At the close of the hearing held Sept . 12, 1930, on
the application of Harry A. Burgess to operate a golf driving
range on Bedford Street, on the property of George W. Bean,
the Board took the matter under advisement, and at a
subsequent meeting held Sept. 19, 1930, it was voted to pass
the following order.
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Harry A. Burgess, 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 ad-
vertised in the Lexington Times-Minute Man, a newspaper
published in Lexington, which hearing was held in the
Selectmen's Room in the Town Office Building on Friday,
the twelfth day of September, 1930 at 8:15 P. M. 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 the use of a portion of the land owned by
George W. Bean et al Adm. , Bedford Street, for a golf
driving range would not be detrimental to the neighborhood,
and no evidence was offered on behalf of citizens opposing
the granting of the said petition.
At the close of the hearing the Board in private session
gave consideration to' the subject of the petition and voted
at the meeting held September 19, 1930, 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 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 the enforcement of the Lexington Zoning By-law
a
as to the locus in question would involve practical difficulty
and unnecessary hardship and the relief requested may be
granted without substantially derogating from the intent and
purpose of such Lexington By-law.
Pursuant to the said findings, the Board hereby
unanimously decides that the application of the said
Lexington Zoning By-law is hereby varied so far as may be
necessary to permit the use of a portion of the land of
George W. Bean et al, Adm. on Bedford Street, for the un-
expired portion of the year 1930 and for one year there-
after ending December 31i 1931, for a golf driving range
on the following conditons :
1. Ample provision for parking of automobiles is
to be provided so that there shall be no parking of
automobiles on Bedford Street or other public way.
2. The driving range shall be so placed that there
will be no driving of golf balls parallel to Bedford Street
or other public way, and shall be subject to such rules
and regulations as the Board of Selectmen may establish.
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, section 27)
Arthur N. Maddison •
Roland W. Baldrey
C. Edward Glynn
Curlys L. Slocum
Theodore A. Custance
I, Roland W. Baldrey, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40, sec.27,
hereby certify that I sent by registered mail on August 28,
1930 to Ethel W. Bean, Lex.- Building Trust, Mary E. Shea,
Palmyra P. Caleceiras, J. S. Montana, Jere T. & Mary B. Sanborn,
Hallie C. Blake, Wm. T. Hayman, E. G. Johnson, W. H. & Lucetta
§. Abbot, David & Kathryn G. Harrigan, Marion Daniels, F. E.
Hovey, Jgmes Smith, Constantino C. Alberto, Mary-Martin,
Carhume r. & Sarah M. Dooley, Norman Glover, Theodore A. Custance,
Franklin P. Simonds, & Isabel M; Walter H. Oppuson, Leonard
M. Kelley, W. F. Cove, J. D. Polley, Paul P. & Charlotte E.
Rowllard, Thomas J. & Catherine Dickson, George & Gertrude
W. Benoit, Walter J. & Mabel A. Bryant, Eugene E. Loupret,
Herbert F. Shannon, Edmund D. & Mona H. Ayres, Carl F. Ashton,
James H. Reid, Wm. 4. Batts , Ernest V. LaRose, Ethelinda Morrill,
Lawrence & Myra E. Beardsworth, Carlotta M. Thomas, Inman
za
C'a
Coop. Bank, Cha-les L. Weld, Cliftondale Woodworking Co.
Lloyd & Katherine C. Davison, Augustus S. & Arabella . Quick
Paul F. C. & Hazel B. Mias, Chas . A. & Alice M. Stone, Eliot F.
Kendall, Frank Johnson, Wm. & Margaret A. Graves, Annie Pelton,
Neil McIntosh, Lizzie B. Page, Fred C. & Katherine T.
Woodford, Joseph L. & Grace VanSteenburgh, Frank B. Culbertson,
Grace M. Arnold, Ernest E. & Alice Wortmen, Perley L. &
Bessie Frost, Zachury & Glaydus Taylor, George & Mayme R. Cole,
John & Hilda Andreson, Bertha M. Bradbury, Mildred L. Morrill,
and Harry A. Burgess and also published in the Lexington
Times-Minute Man on August 29, 1930 a notice of which the
following is a true copy.
Roland W. Baldrey
Clerk:
August 27, 1930.
Board of Appeals
Lexington, Mass.
Gentlemen
The undersigned hereby appeals for permission to
operate a driving range on Bedford Stre^t on the property
owned by George W. Bean et al, Admr.
Harry A. Burgess
August 27, 1930.
Board of Appeals
Lexington, Mass .
Gentlemen
The undersigned hereby appeals for permission to
operate a driving range and miniature golf course at
Marrett Gardens- located on Marrett Road on property
owned by Innis & McLellan.
Robert L. Innis
NOT I C E
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning taw by
permitting the use of the zroperty situated on Marrett
Road, known as Marrett Gardens , and owned by Innis &
McLellan, for a permit to construct a driving range and a
miniature golf course on the said premises ; also for the
use of the property situated on Bedford Street, owned by
George W. Bean et al , Adm. , for a permit to construct a
driving range on the said premises under Section 9 G of
the Lexington Zoning By-law and in accordance with Chapter
133 of the Acts of 1924.
The hearing will be held on September 12, 1930
at the Selectmen's Room, Town Office Building, at 8:15 P.M.
Arthur N. Maddison, Chairman
Board of Appeals ,
At the close of the hearing held Sept . 12, 1930, on
the application of Henry A. Moody to operate an eighteen
hole standard golf course, at the corner of Concord Ave.
& Pleasant St. The Board took the matter under advisement,
and at a subsequent meeting held Sept . 19, 1930 it was
voted to pass the following order.
The Board of Appeals, acting under General Laws, Chapter 40,
sec. 27, having received a written petition addressed to it
by Henry S. Moody, 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 on the most recent
local tax list, and also advertised in the Lexington
Times-Minute Man, a newspaper published in Lexington, which
hearing was held in the Selectmeh's Room in the Town Office
Building on Friday, the twelfth day of September, 1930
at eight o 'clock P.M. 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 the use of his land
as an eighteen hole standard golf course would not be
detrimental to the neighborhood, and no evidence was offered
on behalf of citizens opposing the granting of the said
petition.
At the close of the hearing the Board in private session
gave consideration to the subject of the petition and at the
meeting held September 19, 1930, 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 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 this
Lexington Zoning By-law.
4. That the ehforc®ment of the Lexington Zoning By-law
C7
4 ID
as to the locus in question would involve practical difficulty CZ7
and unnecessary hardship and the relief requested may be
granted without substantially derogating from the intent
and purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unanimously
decides that the application of the said Lexington Zoning
By-law is hereby varied so far as may be necessary to permit
Henry S. Moody to lay out and operate for the purpose of
financial gain on the land situated at the junction of Pleasant
Street and Uoncord Avenue, and Walnut Street and Concord
Avenue, containing in the aggregate aporoximately one
hundred and five acres owned by Henry S. Moody for an
eighteen hole standard golf course subject to the following
conditions :
1. Ample provision for parking is to be provided on said
Moody's land and there shall be no parking of 4ttomobiles by
guests or customers on streets adjacent to the property.
2. That the golf course will be laid out in such a nammer
as will not interfere with the use of Wellington Lane or
adjacent streets and will allow for the possible future
widening of Wellington Lane.
3. That the house and large barn now on the land are the
only buildings to be retained and they will be kept in
good order and repair.
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, Section 27 )
Arthur N. Maddison
Roland W. Baldrey
C. Edward Glynn
Curlys L. Slocum
Theodore A. Custance
I, Roland W. Baldrey, Clerk of the Board of Appeals
of Lexington, appointed under General Laws , Chapter 40,
section 27, hereby certify that I sent by registered mail
on August 28, 1930 to William and John Miskell; John
Miskell, Ernest DeVincent , W. C. Potter, Bargro and
Augustinic Tanbascia, Edward and Arthur Hutchinson, Adam
Good, Gizzetta Good, Michael Tierney, John P. Apostulu,
John G. and Kazinerci Yudis, Pauline Taher, Anna M. Anson,
Fred W. Anson Adm. , Frank H. & Madeline Whelpley,
79
Henry and Margaret Flynn, Francis and Mary Matulaitis ,
Harry P. Boinay, Ernest H. R. Burroughs,J. F. & Lillian f.
Moran and Henry S. Moody, and also published in the
Lexington Times-Minute Man on August 29, 1930 a notice
of which thefollowing is a true copy.
Roland W. Baldrey
Clerk.
529 Old South Building
Boston, Mass.
August 25th, 1930.
Lexington Board of Appeals
Town Hall
Lexington, Mass.
Gentlemen:
I hereby petition you for the right to construct
an eighteen hole golf links, a Miniature Course, and a
Driving Range on my property containing one hundred five
acres and located at the corner of Pleasant Street and
Concord Avenue, East Lexington.
Attached hereto is a plan of the property and the names
of abutting owners .
Henry S . Moody (signed)
NOT I C E
Lexington, Mass. , August 28, 1930.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
the use of the property situated at the corner of Pleasant
Street and Concord Avenue, East Lexington, and owned by
Henry S. Moody, Trustee, under Section 9 G of the
Lexington Zoning By-law for a permit to consttuct an
eighteen hole golf links, a Miniature Course, and a Driving
Range on the said premises, and in accordance with
Chapter 133 of the Acts of 1924.
II
The hearing will be held on September 12, 1930 at
the Selectmen's Room, Town Office Building at 8 P. M.
Arthur N. ]Qaddison, Chairman
Board of Appeals .
L _
s
swo
At the close of the hearing held Sept. 12, 1930 on
the application of Henry A. Moody to operate a miniature
golf course and a golf driving range at the corner of
Concord Avenue and Pleasant Street, the Board took the
matter under advisement, and tet. a subsequent meeting
held Sept. 19, 1930, it was voted to pass the following
order.
The Board of Appeals, acting under General Laws ,
Chapter 40, sec. 27, having received a written petition
addressed to it by Henry S. Moody, 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 'Oat recent local tax list, and also advertised in the
Lexington Times-Minute Man, a newspaper published in Lexington
which hearing was held in the Selectmen's Room in the Town
Office Building on Friday, the twelfth day of September, 1930
at eight o 'clock P.M. 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 the use of a portion of
his land for a miniature golf course and driving range would
not be detrimental to the neighborhood, and no evidence was
offered on behalf of citizens opposing the grafting of the said
petition.
At the close of the hearing the Board in private session
gave consideration to the subject Of the petition and at the
meeting held September, 19, 1930, 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
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 the enforcement of the Lexington Zoning By-law
as to the locus in question would involve practical difficulty
and unnecessary hardship and the, relief requested may be
granted without substantially derogating from the intent and
purpose of such Lexington Zoning By-law.
Pursuant to the Said findings, the Board hereby
unanimously decides that the application of the said Lexington
Zoning By-law is hereby wariedi so far as may be nec-
ressary to permit Mr. Henry S. Moody to lay out and operate pt
for the purpose of financial gain a miniature golf course
and driving range on the easterly corner Of Concord Ave.
and Pleasant Stroeit, for the unexpired portion Of the
year 1930 and ftr brie year thereafter ending December 31,
1931, for a miniature golf course and driving range on the
following conditions :
1. Ample provision for parking of automobiles is to
be provided so that there shall be no parking of automobiles
on Concord Avenue and Pleasant Street, or other public way.
2. The driving range shall be so placed that there
will be no driving of golf balls parallel to Concord Avenue
and Pleasant Street or other public way, and shall be subject
to such rules and regulations as the Board of Selectmen may
establish.
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 int forth and the testimony presented at the said
hearing,including that herein summarized, and directs that
this recthrd ±mmediatel1 following this decision chill be
filed in the o'fice 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, Section 27)
Arthur N. Maddison
Roland W. Baldrey
0...Edward rlynn
Curlys L. Slocum
Theodore A. Custance
I, )Noland W. Baldrey, Clerk of the Board of Appeals
of Lexington, appointed under General Laws., Chapter 40,
section 27, hereby certify that I sent by registered mail
on .'ugust 28, 1930 to William and John Miskell, John
Miskell, Ernest DeVincent, W G. Potter, Bargro and
Augustinic Tanbascia, Edward and Arthur Hutchinson, Adam Good,
Gizzetta Good, Michael Tierney, John P. Apostulu,
John G. and Kazinerci Yudis, Pauline Taher, Anna M. Anson,
Fred W. Anson Adm. , Frank H. & Madeline Whelpley,
Henry and Margaret Flynn, Francis and Mary Matulaitis, Harry F.
Boinay, Ernest H. R. burrougha, J. t. & Lillian D. Moran
and Henry S. Moody, and also published in the Lexington
Times-Minute Man on August 29, 1930 a notice of which the
following is a true copy.
Roland W. Baldrey
Clerk.
529 Old South Building g`=
Boston, Mass.
on
ro
August25, 193d4
Board of Appeals,
Town Hall,
Lexington, Mass.
Gentlemen's=
I hereby, petition you for1the right tof'construct
an eighteen hole golf links, a Miniature Course, and a
Driving Range on my property containing one hundred five
acres and located at the corner of Pleasant Street and
Concord Avenue, East Lexington.
Attached hereto is a plan of the property and the
names of abutting owners.
Henry S. Moody (signed)
NOT I C E
Lexington, Mass. , august 28, 1930.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
the use of the property situated. at the corner of Pleasant
Street and Concord Avenue, East Lexington, and owned by
Henry S. Moody, Trustee, under Section 9 G of the Lexington
Zoning By-law for a permit to construct an eighteen hold golf
links, a Miniature Course, and a Driving Range on the said
premises, and in accordance with Chapter 133 of the Acts of 1924.
The hearing will be held on September 12 , 1930 at the
Selectmen's Room, Town Office Building at 8 P.M.
Arthur N. Maddison, Chairman
Board of Appeals.
At the close of the hearing held July 7, 1930 on the
application of the Misticke Co. , John Abbott Treasurer, to
use the property on Bedford St. formerly known as the old power r
house, for storage of material and light manufacturing utilizing
hand labor and quiet machinery and processes free from neighborhood
disturbing odors an agencies, the Board took the matter under
advisement, and at a subsequent meeting held Sept. 19, 1930,
it was vdted to passthe following order.
The Board of Appeals, acting under General Laws, Chap-
ter 40, sec. 27, having received a written petition addressed
to it by the Misticke Company, John Abbot, Treasurer, a copy
of which is hereto annexed, held a public hearer thereon of which
notice was mailed to the petitioner and to the owners of all property
8
deemed by the Board to be affected thereby as they
appear on the most recent local tax list, and also
advertised in the Lexington Times-Minute Man, a
newspaper published in Lexington, which hearing was
held in the Selectmen's Room in the Town Offic e
Building on Mond y , the seventh day of July, 1930
at eight l+clock p.m. lour members of the Beard
of Appeals were present, at the hearing. A cer-
tificate of notice is hereto annexed. At this
hearing evidence was offered on behalf of the peti-
tioner tending to show that the premises in question
is the old power house of the Middlesex & Boston
Street Railway Company which has not been used for
power purposes since some time prior to the• adoption
of the first Lexington Zoning By-law. Ib is in a
C-1 district. The premises have been sold to the
Misticke Company which is now engaged in business
in Boston in a small way and proposes to transfer
this business to the property purchased in Lexington.
The business consists of the mixing of certain materials
which are then placed in closed containers and shipped
out to the trade. As the process is a secret one,
specific description of the materials so mixed cannot
be made oublic. As` the business has only been con-
ducted for a short time it is not possible to describe
fully its scope, but the process is essentially a
simple one and if the mixing is not done by hand it
will be done by quiet electric driven power mixers .
There may also be a small chemical laboratory to test
the materials and the usual executive and bookkeeping
offices. The power plant may be used for heat, but
not to manufacture electricity or other power for the pur-
pose of mixing this product.
Attention was called to the structures occupied
by the Department of Public Works adjoining on the
northwest. A large number of citizens were present,
several of whom asked questions . Some spoke if
favor of granting the permit and none ovposed it. One
of those speaking in favor emphasized the point that
if this company were not allowed to go on with the
business it contemplated, some other business which might
be more objectionable but which would be strictly with-
in the languaue of the businesses permitted in a C-1
district, might be started in this building.
At the diose o the hearing the Board in private
session gave consideration to the subject of the
petition and voted at the meeting held Sept. 19, 1930
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 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 the enforcement of the Lexington Zoning
By-law as to the locus in question would involve prac-
tical difficulty and un-necessayy hardship aid the re-
lief requested may be granted without substantially
derogating from the intent and purpose of such Lexington
Zoning By-law.
Pursuant to the said findings , the Board here-
by unanimously decides that the application of the said
Lexington Zoning By-law is hereby varied so far as may be
necessary to permit the Misticke Company, John Abbott,
Treasurer, and its affiliated edmpaizyi the Mistral Com-
any, to use the building described in the above mentioned
petition only for storage of materials and light manu-
cacturing utilizing hand labor or quiet machinery and
processes free from neighborhood rlisturbing odors or
agencies. More specifically the processes employed shall
be the mixing of materials by hand or by quiet electric-
driven power mixers, and incidental thereto the receipt and
shipment in closed containers of the material and finished
products, and also incidental testing thereof; subject,
however, to the following conditions :
1. This permit shall apply only to the Misticke
Company and its allied operating agency, the Mistral
Company, and it shall apply to the present building on
the premises described in the petition and not to the land
therein described:
2. The building shall be kept in good repair;
there shall be no dumping of refuse nor open air storage
of materials on said land, and the premises shall be kept
neat and clean as heretofore :
3. No electricity shall be generated on the
premises :
4. If, after notice and hearing, the Board of
Appeal shall determine that the said business is ob-
jectionable, the Misticke Company or its operating agency
the Mistral Company, on written notice to cease doing
said business setting forth the reasons for its decision,
will cease and desist from conducting the said business
on the said premises . If, after notice and hearing, the
Board of Appeals shall determine that said building or
premises are being used contrary to this permit,
the said non-conforming use shall be stopped by the Misticke
Company and its operating agency the Mistral Company, on
written notice to cease and desist from the said non-conform-
ing use in which notice the use decided to be non-con-
forming
oncon-
forming shall be described. The Misticke Company and the Mistral
Company by use of the said building pursuant to this permit
shall be deemed to agree that , on notice as aforesaid,
they will cease said business and pease and desist from said non-
conforming use, as the case may be, that no proceedings of
Y.
l-
r `y
any sort other than hereinabove mentioned to enforce
said notice to cease and desist shall be necessary and
that neither the Misticke Company nor the Mistral
Company will request action by the Town seeking a varia-
tion in the Zoning By-law to permit in this building the
conduct of the said business found to be objectionable
or such non-conforming use to be carried on.
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 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 thid decision shall
be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L • Ch. 40, section 27 )
Arthur N. Maddison
Roland W. Baldrey
C. Edward Glynn
Curlys L. Slocum
Theodore A. Custance
I, Roland W. Baldrey, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
section 27, hereby certify that I. sent by registered mail
on June 20, 1930 to Harriet L. Whitley, Robert &
Catherine L. Watt, Alex & Signe E. Ohison, Celina V. Walsh,
Margherita Coscia, Minnie 8. Smith, Daniel J. Gorman, Jr. ,
Madeline Walker, Jennie A. Miller, Josephine Waldron
&Bernadine Canisius, "'my E. Taylor, Felix Vianv, Roger P.
lnealla n Osborne J. Gorman, Benjamin C. Meady, Robert H.
White, Boston & Lowell R. R. Corp. , Lexington Coal Co. ,
Cornelia Bierenbroodappt, Dorothy T. Taylor, David J.
Harrigan, William Brackett, h irs of; Charles H. Dempsey,
Alexander Parks, John J. Brady, William L. Burrill, Frank
W. Dodge, Emily Bacon, Joseph A. Parks & Beulah D. Parke,
Clifford M. & Ruth S. Martin, Russell I. & Elsie G.
Prentiss, Basin R. & Edith C. Deering, Ethel B. Williams,
Ervin R. Dix et al, Trustees Home Finance Co; Benjamin
Gibbs, heirs of; Edward Wood, Ricard' A. Robbins, Carmello
& Rose Allia, John P. & Teresa Cassily and the Misticke
Company, John Abbott, Treasurer and also published in the
Lexington Times-Minute Man on June 20, 1930 a notice of
Which the following is a true copy.
Ryland W. Baldrey
Clerk.
No.
June 14, 1930. C;7
Board of Appeal,
Town Hall,
Lexington, Mass .
Dear Sirs :-
I hand you herewith appeal from the refusal of the
building inspector to permit certain alterations in the
old power house building on Bedford Street now owned by
Misticke Co.
Yours very truly,
Misticke Co.
Enc. John Abbott, Treasurer
Hearing is requested at the earliest possible date.
NOT I C E
Lexington, Mase.., ` June 19, 1930
The Board of Appeals will hold a hearing on the matter
of varying the applicktion of the Zoning Law by permitting II
the use of the property and building and alteration of the
building thereon situated on Bedford Street and known as a
part of the Middlesex & Boston St. Railway Company property
and now owned by the Misticke Company as shown by theft
application signed by John Abbott, Treasurer, for storage
of material and light manufacturing utilizing hand labor
or quiet machinery and processes free from neighborhood
disturbing odors and agencies, in accordance with Section 10,
Existing Buildings, of the Zoning Law; Section 9, Exceptions ;
and Chapter 133 of the Acts of 1924.
The hearing will be held on July 7, 1930 it 8 P.M. at
the Selectmen's Room, Town Office Building.
Arthur N.Maddison
Chairman, Board of Appeals.
The meeting adjourned at 10:30 P.M.
A true record, Attest
Secretary