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HomeMy WebLinkAbout1931-02-06.r� BOARD OF APPEALS MEETING FEBRUARY 6, 1931. A meeting •of the Board of Appeals was held at the -Selectmen's Room, Town Office Building, at 8 o'clock P.M. Messrs. Custance, Baldrey and Glynn were present. In the absence of the Chairman, Mr. Arthur N. Maddison, Mr. T. A. Custance acted as Chairman pro -tem. Miss Evelyn M. Small, Secretary pro -tem was also present. At 8:10 P.M. hearing was declared open on the application of John Lamont, Cary Avenue, for permission John Lamont to construct and operate a miniature golf course in the golf course. barn situated on Cary'Avense, owned by the Ryders Stock Farm Inc. The Clerk read the notice of the hearing as advertised in the Lexington Times -Minute Man. t. Mr. Robert J. Fawcett, Marrett Road, stated that the -members of the Mohawk Club would like to see the petition ganted as there were no amusements in that section of the Town and that a golf course of this nature would supply a good time for the residents in—that neighborhood. He stated that it was located away from the street and would disturb no-one and he was very much in favor of the permit being granted. Mr. John Lamont appeared and stated that the golf course was originally started for the Mohawk Club but their financial conditions were such that they could not continue the proposition. Mr. Lamont had invested sufficient money in the golf course and rather than see his investment lost, he continued constructing the course himself. He thought it would be better to have a golf course constructed in the barn than have it full of cows. When asked about the facilities for parking, Mr. Lamont stated that there were excellent facilities, three hundred cars could be parked without getting into anyone's way, and they could be parked off the road. Mr. Lamont stated that he did not intend to have any large signs, and if the Board objected to any signs, he would abide by their ruling, but he stated that he would like to have a small sign erected on the State Road telling where the golf course was situated. Mr. Clyde Steeves stated that there was not one person in that district who objected to the permit being granted. He stated that it was no ,business proposition - it was just a project for a good time for that community. Mr. Steeves stated that he was very much in favor of the petition being granted. Mr. Glynn reported that he had received a telephone call from Neil McIntosh stating that he had no objection to the permit being granted.. Mr. John P. Gorman, 104 Glenhill Rd., Mattapan, stated that he owned some property on Cary Avenue approximately 4001 away from the barn, and when he purchased the land he thought that it was restricted to a residential district, and he felt that if the golf course permit were granted, it might develop into something more than just a golf course. He was under the impression that the Zoning Law was to be changed in order for such a petition to be granted. Mr. Lynn explained that the permit, if it were granted, would only be granted for a year at a time and that it did not change the zoning restrictions on that property. Mr. Howard W. Robbins, York Street, appeared representing Mr. Charles Hayden. He stated that Mr. Hayden was opposed to the granting of the permit inasmuch as he felt that if the permit were granted for a golf course, it might later develop into something more objectionable, perhaps a dance hall. He stated that Mr. Hayden had the impression that it was a question of lifting the Zoning Law, and he objected to that. When Mr. Glynn explained'the situation, however, Mr. Robbins stated that he did not believe Mr. Hayden would have any serious objection to the granting of the permit and he was given,a copy of the Zoning Laws to take to Mr. Hayden. When asked if the golf course belonged to the Mohawk Club, Mr. Lamont replied that it did not. The hearing was declared closed at 8:30 P.M. The Board in private session then discussed the application and voted to grant the petition. The following is a copy of the order: The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by John Lamont, 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 Selectments Room, in the Town Office . Building, on the 6th day of February, 1931 at 8:10 otclock P.M., at which 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: 97 That it is his desire to construct and operate a miniature golf course in the barn owned by the Ryders Stock Farm Inc. on the northerly side of Cary Avenue, and that there is sufficient parking space on private lands, and that he will use every effort to prevent parking on public ways, and that he will erect no' objectionable sign. .Objections were offered on the part of two property owners in the neighborhood based on the belief that any exception grant'd might become permanent and would tend to impair the status of the neighborhood. At the close of the hearing the Board in private session gave consideratin,to the subject of the petition and voted, at the meeting held February 6, 1931, 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 th.- Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would involve unnedessary 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 John Lamont to lay out and operate for the purpose of financial gain, a miniature golf course in the present barn on the northerly side of Cary Avenue, and owned by the Ryders Stock Farm Inc. for a period ending December 31, 1931, subject to the following conditions: 1. Ample provision for parking of automobiles is to be provided so that there shall be no parking of automobiles on Cary Avenue, Shade Street or other ways. 2.' That no sign shall be erected off the premises. The Board hereby makes a detailed record of all its proceedings relative to such petit on and hereby sets forth that the rea::ons for its decision are its findngs 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 this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) Arthur N. Maddison Theodore A. Custance Roland W. Baldrey C. Edward Glynn Curlys L. Slocum I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, a, pointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the 22nd day of January, 1931 to John P. & Martha A. Gorman, Charles E. IcLaughlin, Charles W. Ryder, Robert L. Ryder, Lillian L. Stimson, Neil McIntosh, Catherine F. Magurn, Alexander Holmes, Saunderson H. Dunlop, Anna E. & Mary J. Marshall, Charles Hayden, Elisa Lamont, Clyde C. Steeves, Charles 0. Nichols, Jeannette McLaughlin, John Lamont, and also published in the Lexington Times -Minute Man on January 23, 1931, a notice of which the following is a true copy. Roland W. Baldrey • Clerk, Board of Appeals. Lexington, Mass. January 22, 1931. Board of Appeals Lexington Massachusetts Gentlemen: I hereby petition for permission to construct and operate a miniature golf course indoors on the property owned by the Ryders Stock Farm Inc. and situated on Cary Avenue, Lexington, Mass.• John Lamont NOTICE 4-i cr Lexington, Mass. January 22,1931. The Board of Appeals will hold a :hearing` on the ratter` of varying the application of the Zoning Law by permitting 1 the use of the property situated on Cary Avenue, Lexington, owned by Ryders Stock Farm Inc. and operated by John Lamont of Lexington under Section 9 G of the Lexington Zoning By-law for a permit to construct and operate a miniature golf course indoors on the said premises, and in accordance with Chapter 133 of the Acts of 1924. The hearing will be held on February 6, 1931 at 8 o'clock P.M. at the Selectmen's Room, Town Office Building. Arthur N. Maddison, Chairman Board of Appeals. After discussing the application of of Lexington on which a hearing was held the Board signed the prmit granting him subdivide his lots on Bertwell Road into than 75 feet frontage. The following is order: Roy A. Ferguson January 30, 1931, permission to lots with less a copy of the 99 The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Roy A. Ferguson, a copy of which is R.A. hereto annexed, held a public hearing thereon of which Ferguson notice was mailed to the petitioner and to the owners order. 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 the 30th day of January, 1931 at which all 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 owned a lot of land on the westerly side of Hertwell Road between lots of Holmes and F.N.Champlin frith a frontage of 180 feet on Bertwell Road and a depth of about 147 feet, and being shown as lots between lots 11 & A on plan of Lexington Building Trust, July 8, 1924, and that practically the'entire subdivision was laid out with lots of 30' frontage; and he tequested that he be permitted to subdivide his lot into lots of not less than 60' frontage. No one appeared in opposition to the 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 January 30, 1931, unanimously in favor of the following findings: 109 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 'imrposes 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 petitioner to subdivide his said lot of land into lots with less than 75 feet frontage but no building shall be erected on any lot of less than 60 feet frontage. 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. et forth and the testimony presented at the said nearing, including that herein sum arized, 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) Arthur N. Maddison Roland W. Baldrey C. Edward Glynn Theodore A. Custance Curlys L. 'Slocum 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 Mil on the 14th day of January, 1931 to Paul W. & Mary A. Olsen, Theresa M. Valente, Almeda E. Philbrook,.Arthur C. Goss, Jr., Roy A. Ferguson & Eva M. Ferguson, William W. Ferguson, Roger W. Brown, Frank N. & Christine M. Champlin, Norman C. 101 & Martha M. Hooper, Margaret A. Hussey, A. Irving & Frances M. Dodge, Anna H. & Hans P. Hanson, Abbie W. Fuller, Leone M. Northrup, Theresa H. Neugebauer, Marguerite L. & Elton B. McCausland, Roy A. Malcolm, Franklin P.Simaids, c/o Edwin B. Worthen, Irene.H. Pring, Edward W. Taylor, William E. White, Charles F. Bertwell, and also published in the Lexington Times - Minute Man on January 16, 1931 a notice of which the following is a true copy. Roland S. Baldrey, Clerk, Board of Appeals. ROY A. FERGUSON 19 Bertwell Rd. Lexington, Mass. December 29th, 1930. John F. Tibbetts, Esq. Building Inspector Town of Lexington, Mass. Dear Mr. Tibbetts: I have a prospective customer for sixty feet of the so-called "McNulty" land which I own on Bertwell Road. The block of land referred to has a frontage of one hundred eighty. (180) feet on Bertwell Road and lies between the Holmes and Champlain lots. Will you, when proper application is made by the purchaser, issue him the necessary permit for construction of a house on the above-mentioned sixty -foot lot? Please advise me as soon as possible your answer as this prospective purchaser wishes to start on his house immediately if proper arrangements can be terminated. Very truly, (Signed) Roy A. Ferguson. NOTICE Lexington, Mass., Jan. 14, 1931. The Board of Appeals will hold a hearing on the matter of varyigg the application of the Zoning Law by permitting the use of land on Bertwell Road owned by Roy A. Ferguson of Lexington, to be subdivided into lots 102 of lees than 75 feet frontage, in accorJance with section 6 and section 9 of the Zoning Law of the Town of Lexingtn, and Chapter 133 of the Acts of 1924. The hearing will be held January 30, 1931 at 8 o'clock P.M. at the Selectmen's Room, Town Office Building. Arthur N. Maddison Chairman, Board of Appeals. The Board then discussed the application of John L. Pichette & Maurice P. Ahern for permission to erect and maintain a twenty car garage and repair shop and to keep, store and sell petroleum products and volatile inflammable liquids in connection therewith, and to use the premises as a public filling station for the storage, keeping and sale of gasoline in five one' thousand gallon tanks with pumps, located at 847-855 Mass. Avenue. Mr. Baldrey reported that he had canvassed that neighborhood and the general sentiment of the neighbors was that they had no objection to anyone making a living, but they were not all in favor of the filling station, as it would decrease the value of their property, but they did not come to the hearing to object as they liked Mr. Arthur Field and wanted to maintain a neighborly spirit. The Board discussed the matter at some length and decided to think the application over and report their decision at a later date. The meeting adjourned at 10:45 P.M. A true record, Attest: Clerk.