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HomeMy WebLinkAbout1932-03-08BOARD OF APPEALS MEETING MARCH 8, 1932. ' A meeting of the Board of Appeals was held in the Town Office Building at 7:20 P.M. Messrs. Maddison, Custance, Glynn, and Baldrey were present. 2'2-�.. The subject of the petition of Frank W. Perkins for permission to store and sell gasoline and petroleum products in the capacity of 2,000 gallons at -his premises at 536-542 Russ. Avenue, was considered and it was voted that the petition be denied in the following form: The Board of Appeals, acting under General Laws Chapter 40, sec. 27, having received a written petition addressed to it by Frank W. Perkins 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 1bublished in Lexington which hearing was held in the Selectmen's Room, in the Town Office Building on February 16, 1932. Idessrs. niaddison, Baldrey, Slocum, and Custance of the Board of Appeals were present at the hearing. A certificate of notice is here- to annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he desired to install a gasoline tank with a capacity of 2,000 gallons for the sale ' of gasoline at his premises at 536-542 Mass. Avenue; that he woAld move the house on his lot back so as to give a better view for vehicles making the turn to or from Oak St., that he was willing to deed a strip of land to the town for the widening of Oak St.; also to tear down the old building adjoining his machine shop; that he pr&posed to locate the pumps about thirty five (35) feet from the shop toward Oak St. and at a reasonable distance from Mass. Avenue. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show, that the traffic conditi�,ns at this point are very bad and the operation of a gasoline station at this point would add materially to the danger to school children; that it would create additional noise.and would tend to affect adversely residential values in the neighborhood. At the close of the hearing the Board in private session held March 8, 1932 gave consideration to the subject of the petition and voted unanimously in favor of the following findings; 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. ' 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. �r 4. That the enforcement of the Lexington Zoning � By-law as to the locus in question_ would not involve practical difficulty and unnecessary hardship and the relief requested may not be grant.eA without substantially derogating from the intent and purpose of such Lexington ' Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of Frank W. Perkins. The Board hereby makes a detailed record of all its proceediAgs 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 o=' 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,see.27) Arthur N. Maddison Theodore A. Custance Roland W. Baldrey C. Edward glynn Curlyp L. Slocum Roland W. Baldrey, Clerk Board Appeals of ' I, of the of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent.by registered mail on the lst day of February, 1932 to John C. Russell, Howard S. 0. Nichols, Miles L. F. & Fredericka K. Jones, Stephen J. & Hilda B. Dolan, Mary Busconi, Pauline H. Clair, Theresa B. Cummings, Donald Shea, Mabelle S. Peavy, Frank R. Hadley, Charlotte E. Hadley, Justin-: L. Shea, Martin J. Carrigan, Frank H. Bignotti, Dennis J. Healey, Carlota H. Branda, Katherine Jacobs, Frank W. Chamberlain, Jr., Henry P. & Eleanor W. Clark, Charles R. Joy, Ellen A. Stone, Tr. J. Alexander Wilson, Edgar W. Harrod, Delphina E. Cooke, Frank Perkins, and also advertised in the Lexington Times Minute Man on January 29, 1932 a notice of which the following is a true copy. Roland W. Baldre Clerk., Board of Appeals, January 27, 1932. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen. The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9G of the Lexington Zoning By-law with respect to the premises at No. 536-542 Mass. 181 Ave. owned by Frank 'JI,`. Perkins of 536-542 Mass. Ave., by permitting the following: Store and sell gasoline and Petroleum Products. Capacity 2, 000_.gallons . Frank W. Perkins 536-542 Mass. Ave. N 0 T 1 C E Lexington, Mass. January 28, 1932. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting the storage and sale of gasoline and petroleum products in the capacity of 2,000 gallons at the premises owned by Frank W. Perkins, and located at 536-542 Mass. Avenue, under the Lexington Zoning By-law, and in accordance with Chapter 133 of the Acts of 1924. The hearing will be held on February 16, 1932 at 8 P.M. in the Selectmen's Office, Town Office Building. Arthur N. Maddison Chairman, Board of Appeals. ' The meeting was then adjourned. A true record, Attest: Cler < ' ?, 2L u