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Home My WebLink About1932-06-03188 BOARD OF APPEALS iv7EETING JUNE 3, 1932. C3 A meeting of the Board of Appeals was held in the ' Selectmen's Room, Town Office Building, at 8 otelock P.M. Messrs. M4ddison, Glynn, Custance, Slocum and Baldrey were present. The Secretary was also present. The Clerk read the notice of the hearing on the application of Fred B. Bartlett for permission to operate a driving range and sell ice cream and tonic at the property of Florence Edwards at 63 Bedford St. Mr. Bartlett did not appear to speak for his petition. The Chairman of the Board stated that as far as the Board was conserned they would have to give a report one way or the other and they would therefor hear the objectors. Mr. Francis Burke residing at 64 Bedford Street stated that he appeared on behalf of several of the property owners in the vicinity. He stated that he understood that the petitioner was not goirg to appear and Mr. Jos. Swan also stated that he was not going to appear. Mr. Burke stated that he appeared for Mrs. J.F. McCarthy, 60 Bedford Street, Mrs. s Marion Burke, 64 Bedford Street and PatricIt J. Maguire, 66 Bedford Street. The property mentioned faces directly the property on which the golf range was requested. He stated that the neighbors had a yeky h6gh regard for Mr. Bartlett , and made statements to him in regard to their objections. He desired to point out the talus of the nroperty. At #64 the propertis assessed for $18,400, at k6a, for 13,960 and at #66 for 5170. He also appeared as cou:hsel for the mortgagee of property on Tewsksbury Street having an assessment of $4670. He stated that the people in that vicinity felt that they live in a residential neighborhood and did not want it changed. He recalled that some time ago the property was used for a riding school and if this permit was given, it might be that application would be requested for a more objectionable hse E r the property on the grounds that it had been used previously for mommereial purposes. The question of a driving range also brought to mind the flood lights, the noise from the automobiles driving in and off the field and owing to the gradual slope of the street and the considerable traffic that there is now at all times of the day, he felt that it would be a traffic menace. He felt that due regard should be used as to the property owners, the finanical situation, and that the permit should be denied. Mr. Jos. Swan of 23 Bedford Street stated that he represented Catharine J. Swan owner of 53 Bedford Street, and wished to go on record. as againsttthe_petition. A. W. Brown, 57 Bedford Street stated that he ' objected also. Letter was received from Declan W. Corcoran as Trustee of the Taylor Estate objecting to the petition . F CJ The hearing wasr.declared closed at 8:25 P.M, After the hearing, the Board in private session voted unanimouAly 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 Fred B. Bartlett 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 a bewspaper published in Lexington which hearing was held in the Selectmen 's Room, in the Town Office Building on June•713, 1932. A majority of the members of the Board of Appeals were present at the hearing. A certificate of notice is here- to annexed. At this hearing no evidence was offered on behdl-f of the petitioner. Evidence was was offered on behalf of citizens opposing the granting of the said petition tending to show that the location in question is in a residential district and hence no commerical use should be permitted; that parking will undoubtedly obstruct traff;-ic and the -menace from traffic is already very great on Bedford Street at this location. If the course is lighted at night it would be a nuisance to the neighborhood. At the close of the hearing the Board in private session the 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 substanitally served by the making of the exception requested. 2. That the exception requested will tend to impair the statts 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. 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 granted 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 Fred B. Battlett. 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 r L tJ 1 shall be open to public inspection and that notice of tI-is decision shall be mailed forthwith to each party in interest. BOARD OF iPFEALS OF LE XII GTON C27 (Appointed under G.L.Ch.40,sec.27) Arthur N. Yaddison ' C. Edward Glynn Roland W. Baldrey Theodore A. Custance I, Roland W. Baldrey, Clerk of the Board of Appeals of Ilexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the 18th day of May, 1932 to William Burke, John J. Callahan, Frank J. & Ethel M. Kerrigan, Bernard & Mary E. O'Donnell,Nellie C. O'Leary, Boston Safe Deposit & Trust Co., Mary Spellman, Daniel J. & Jessie Andrewq,James V. & Matilda Picariello, Josephine P?. Partridge, Statie L. Rose, Margaret B. & Christine B. Noyes, Howard E. & Orra f. Custance, Michael Duffy, Bernard F. Hossfield, Axel Sorensen, Ethel H. Barker, Fred B. &2 -Ada M. Bartlett, Boston & Lowell R. R. Corp., Marion A. Burke, Theodore A. & Mable Custance,, Howard E. & Thlaodore A. Custance, Tvary B. griffin, Josephine A. & Mary S. Harrin&ton, Patrick J. aguire, Alice T. M. McCarthy, Lex. Lumber o. Euphemia Brown, Richard F. Cloutman, Katherine Swan, Florence E. Edwards, Declan W. Corcoran, and also published in the Lexington Townsman on May 19, 1932 a notice of which the following is a true copy. Rol&nd W. Baldre Clerk, Board of Appeaise , May 16, 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 271, to vary the application of section of the Lexington Zoning By-law with respect�,'ihe premises at No. 63 Bedford St. owned by Mrs. Florence E. Edwards of 63 Bedford St., Lexington, Mass. by permitting the following. a driving range back of house and barn on 8 acre lot. Also to sell tonic and ice cream on week days and Sundays. Fred B. Bartlett 72 Bedford St., Lexington, N O T I C E ' May 17, 1932. The Board of Appeals will hold a hearing on the applicatdon of Fred B. Bartlett on the matter of varying the application of the Zoning LW by permitting the use of the property situated at 63 Bedford Street and owned by Mrs. Florence Edwards, for a perihit to operate a driving range and to sell tonics and ice cream on week days and Sundays on the said premises under the Lexington Zoning By-law and in accordance with Chapter 133 of the Acts of 1924. ' The hearing will be held on Friday, June 3rd, 1932, at 8 P.M., Town Office Building. Arthur N. t'addison Chairman, Board of Appeals. A true record, Attest: C le J n L