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HomeMy WebLinkAbout1930-09-19BOARD OF -•APPEAL.$. MBETIMO Sept. 19, 1930. A meeting of the Board of Appeals was held at..:.tha- Seleetmen'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 wguld 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 needfor 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 spacetthat 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 theist 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 golf course. His land was adjacent to the land of Mr. Smith on Bedford St. Mrs. Annie R. Pelton, 259 Bedford St. stated that she lived almost directly opposite, and she was in favor of the miniature golf course permit being granted. 1 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=.ast,thgy<.appear on'the most recent local tax list, and also advertised in the Lexington Tibma-Mlinatithi,a-hewstRagearialitediIn Lexington, which hearing was held ih the Selectmen:s Room in the Town Office Building on Fridaysthe 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, 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 statum 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 andunnecessary 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:: 70 1. Ample provision for parking of automobiles is to be provided sq'that there shall be no parking of automobiles on BedfordStreet. The Board hereby makes a detailed record of all its proceedings:,relative t4subh patition"andiherdbyesets 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 -.9 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 alBertha Adm. Ethel F. Irish, Eugene & Agnes M. Commons, Samuel Burgoyne, E. and Arthur L. Smith, Smith Bell Farm Stores Inc., and also Ben published in the Lexington Times -Minute Man on Sept. 5, 1930 a notice of which is a true copy. Roland W.lBaldrey Clerk. Bedford St. Lexington, Mase. Sept. 2, 1930; Chairman of Board of Appeals Gentlemen: We applied to the Board of Selectmen for a permit to build and operate a miniature golf course and they refereed" us to you. 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. Please advise us at your earliest convenience. Very truly yours, Smith Bell Farm Stores Inc. Arthur L. Smith (G.M.S.) NOTICE 71 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 Offiee.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 in1: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 the following findings. 1. That in and welfare will of the exception 2. That the impair the status its judgment the public convenience be substantially served by the making requested. exception requested will not tend to 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 loots 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 maybe 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. Ampleprovision 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 nail/6d forthwithrto-;each 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. Slocum Theodore A. Custance I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, 1 73 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 & 1W491 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 Ha:rry0r A. Burgess, Innis & McLellan, 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 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 !tppea1s 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 substequent 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 1 1 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 31. 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 4 I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under GeneraiLaws, Chapter 40, see.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. 8.'Johnson, W. H. & Lucetta §. Abbot, David & Kathryn G. Harrigan, Marion Daniels, F. E. Hovey, Jilles Smtth, 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. Rowilard, 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 10 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 S. 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 N 0 TICE 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 oroperty 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 1 77 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 HenryS. Moody, a copy of which is hereto annexed, held a public hearing thereon of which notice was ailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as'they appear do 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 enforcement of the Lexington Zoning By-law C7 -10 as to the locus in question would involve `� q practical difficulty and unnecessary hardship and the te1Ret 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 agp7regate approximately 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 ittomobi.les 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 possibleffuture 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; fotth 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. eh. 40, Section 27) Arthur N. Maddison Roland W. Baldrey C. Edward Glynn • Curlys L. _Slocum Theodore A. Custance 2, 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, 1 4 Henry and Margaret Flynn, Francis and Mary Matulaitis, Harry P. Boinay, Ernest H. R. Burronghs,J. F. & Lillian fl. 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) NOTICE 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. 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. 79 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_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 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 lois:.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 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 aeptember^ 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 gala of the neighborhood. 3. That the exception requested will be in harmony with they 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' reliefrequested may be granted without substantially derogating from the ihtent and purpose of such Lexington Zoning By-law. Pursuant to the Said findings,. the Board hereby unanimously thea der that the application of the said Lexington Zoning By-law is hereby warie& so far as may be nec- ressary to permit Mr. Henry S. Moody to lay out and operate for the purpose of financial gain a miniature golf course and driving range on the easterly corner Of Concord Ave. and Pleasant Beet, for the unexpired portion of the year 1930 and flop bne year thereafter ending December 31, 1 1J1' 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 immediately fallowing this decision shill 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 C:,Edward . rlynn Curlys L. Slocum Theodore A. Custance I, )Re'aiatd 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 P. Boinay, Ernest H. R. 3urrougha,,3. 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. 0-� 529 Old South Building Boston, Mass. Auga.st25, 19884 Board of Appeals, Town Hall, Lexington, Mass. Gentlenu h!a I hereaby petition' your for1t1i.e---right bofconstruct 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) N OTICE 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 parer r house, for storage of material and light manufacturing utilizing hand labor and quiet machinery and processes free from neighborhood disturbing odorsan agencies, the Board took the matter under advisement, and at a subsequent meeting held Sept. 19, 1930, it was vd.ted 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 Coinpany, 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 1 1 83 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 1+¢lock 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 public. 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 doneby 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 opposed it. One of those speaking in favor emphasized the point that if this company werenot 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 language of the businesses permitted in a C-1 district, might be started in this building. At the diose of 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. 8 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 acid 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 company; 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 disturbing 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 1 1 Y. 8 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 thiel 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, Chapeer 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. Ohlson, Celina V. Walsh, Margherita Coscia, Minnie 8. Smith, Daniel J. Gorman, Jr., Madeline Wacker, Jennie A. Miller, Josephine Waldron &Bernadine Canisius, Amy E. Taylor, Felix Viano, Roger P. Tnealla n Osborne J. Gorman, Benjamin C. Meady, Robert H. White, Boston & Lowell R. R. Corp., Lexington Coal Co., Cornelia Bierenbroodsppt, Dorothy T. Taylor, David J. Harrigan, William Brackett, hairs of; Charles H. Dempsey, Alexander Parks, John J. Brady, William L. Burrill, Frank W. Dodge, Emily Bacon, Joseph A. Parks & Beulah D. Parka, 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 E. 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. Wand W. Baldrey Clerk. i June 14, 1930. 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. NOTICE Lexington, Mas'..,'.3uoe 19,.1934. The Board of Appeals will bold a hearing on the matter - of varying the application of the Aoning Law by permitting 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 their 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-reoord, Attest: Secretary