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HomeMy WebLinkAbout1932-05-06 185 BOARD OF APPEALS MEETING MAY 6, 1932. A meeting of the Board of Appeals was held in the II Selectmen ' s Room, Town Office Building, May 6, 1932. Messrs. Maddison, Slocum, Custance, Baldrey and Glynn were present. Mr. Glynn moved that Mr. Maddison be elected Chairman of the Board during the ensuing year. Motion was seconded and voted. Mr. Glynn moved that Mr. Bladrey be elected Clerk during the ensuing year. Motion was seconded and voted. The hearing on petition of Robert L. Innis was opened at 8 o 'clock P. M. James Irwin „ peaie•C in favor. a ( He stated:` (a) That the driving range had been in action two years. (b) That he is still leasing from Mr. Innis (c) That he intends to carry on same as during the two previous years. (d) That there is ample room for parking . All drive in. No street parking. (e ) No danger by driving balls to adjoining property. (f) That the range is on the same location on property as originally laid out. IINo one appeared in opposition. Hearing declared closed 8 08 P.M. The records of meeting held Mar. 15, 1932 were then read and approved. The Board in private session discussed the petition of Robert L. Innis to maintain a golf driving range and miniature golf course on Marrett Road known as Marrett Gardens. The Board voted to grant the petition as follows: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition, addressed to it by 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 Townsman annwwspaper published in Lexington, which hearing was held in the Selectmen 's Room, in the Town Office Building on the 6th day of May, 1932. All of the 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 James Irwin, representing the petitioner, tending to show that the use of a portion of Marrett Gardens, so called, as a driving range and miniature golf course had not been detrimental to the neighborhood while operated during the past two years, alhd notevidence was offered on behalf of citizens opposing the granting of the said petition. 186 At the close of the hearing the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings: Cri 1. That in its judgment the public convenience and welfare will he substanitally 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 diffi- culty and unnecessary hardship and the relief requested may be granted without substanitally derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be nepetsary to permit the une of a portion of the land of Innis & McLennan on Marrett Road, known as "Marrett Gardens", for the petiod ending December 31, 1932, 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 bbher public way. 2. The driving range shall be so placed that there will be no driving of golf balls parallel to Marrett Road or other public way, and shall be subjedt to such rules and regulations ab 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 hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this r ecprd immediately following this decision shill 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 fot°thisath to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed -under G.L. Ch.40, Sec.27) Arthur N. Maddison C. Edward Glynn Roland W. Baldrey 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 mail on the 20th day of April, 1932 to Richard hittemore, Helen B. Sarano, Everett 187 J. Custer, William P. Martin, Francis & Hugh Thompson, Bedros H. & Toros H. Bashian, Catarina Caterino, Edgar F Scheibe, Irene F. Webb, Edw. J. & Margaret McNTm ara, Charles F. Miller, Robert P. Trask, Thomas J. & Jennie Heaney' , Frank E. Bougie, and Innis & McLennan, and also publisiied In the Lexington Townsman on April 21, 1932 a notice of which the following is a true copy. Roland W. Baldrev Clerk,Board of Appeals . NOTICE Lexington, April 18, 1932. 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 & McLennan, for a permit to operate a driving range and a miniature golf course on the said premises under the Lexington Zoning By-law and in accordance with Chapter 133 of of the Acts of 1924. The hearing will be held on Friday, May 6, 1932 at the Selectmen's Room, Town Office Building at 8:00 P.M. Arthur N. Maddison 4 Chairman, Board of Appeals. April 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 of the Lexington Zoning By-law with respect to the premises at Marrett hoad owned by Innis & McLennan of Billerida by permitting the following: oolf Driving Range. Robert L. Innis Billerica, ass. A true record, Attest: Clerk.