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HomeMy WebLinkAbout1932-07-05ZG BOARD OF APPEALS MEETING C� JULY 52 1932. A joint meeting of the Board of Appeals and the Board of Selectmen was held in the Selectments Room, Town Office G:";3` Building at 8:15 P.M. Messrs. Custance, Baldrey, Slocum and Glynn were present. C. E. Glynn was elected temporary Chairman. The hearing was declared open on the application of Thomas J. Hayes for permission to use the premises now owned by Mary S. Valentine at 1698 Mass. Avenue for a gasoline filling station, to sell gasoline, oil, and petroleum products. The Clerk read the notice of the hearing. The petitioner was represented by Judge Pierre Northrup who explained that no definite plans had been made to show the intended installation, that the property was under option to buy, subject to the granting of the requested permit, and would eventually be owned by a company whose name was not divulged. No one else spoke in favor of the application. Objections were voiced by several citizens who are residents on Vine Brook -Road, also adjacent business property owners tending to show that it would injure residential property values on the adjacent section of Vine Brook Road; that there is no public necessity for additional gasoline filling stations in this locality; that it would detract from the good appearance of the Town. The hearing was declared closed, and the,Board of Appeals adjourned to the Conference Room, where the Board considered the application 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 redeived a written petition addressed to it by Thomas J. Hayes, 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, in the Town Office Building on July 5, 1932 at 8;15 P.M. Messrs. Custance Baldrey, Slocum and Glynn, 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 wishes to establish a gasoline filling station on the property opened by Mary S. Valentine at 1698 Mass. Ave; that the petitioner holds an option on the property which will be exercised if permit is granted; that the ultimate owner would be an unnamed , company now engaged in similar business. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that it would injure residential property values on the adjacent section of Vine Brook Road; that there is no public necessity for ' additional gasoline filling stations in this locality; that It would detract from the good appearance of the town. 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: 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, 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 ffom the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findiAgs, the Board hereby denies the said petition of Thomas J.__Hayes, 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, in- cluding 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,see.27) Roland W. Baldrey Curlys L. Slocum Theodore A. Custance C. Edward Glynn 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 22nd day of.June, 1932 to.James J. & Lucy D. Walsh, Felix Viano, Henry C. Valentine, Mary S. Valentine, Bertha Hutchinson, J. Chester Hutchinson, James L. Douglas, Alice T. McCarthy, Frederick D. Cook Edith G. Wilson, Meyer Rubin & Harry G. Seligman, Anstiss S. Hunt, et al, Lexington Savings Bank, Rosie Ribok, Lexington Trust Co., George E. Smith, Scott Tea 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 determine the application of Section of the Lexington Zoning By-law with respect to the premises at No. 1698 Mass. Avenue, owned by Mary S. Valentine of Lexington by permitting the following; The storage, keeping and sale of gasoline, oil and petroleum products. Thomas J. Hayes 46 Walden Street Concord, Massachusetts N O T I C E June 16, 1932, The Board of Appeals will hold a hearing on the matter of determining the application of the Zoning By-law by permitting the storage of 40000 gallons of gasoline, oil and petroleum products and for the sale of said products by Thomas J. Hayes of Concord, Mass* and the installation of four pumps at 1698 Massachusetts Avenue, Lexington, under the Lexington Zoning By-law and in accordance with Chapter 133 of the Acts of 1924. CJ*290 Ono Co., Lillian G. & Lois M. Marshall, Hallie C. Blake, Leroy 3. C17 Brown, Caroline A. Harrington, Colonial Garage, Inc., Timothy J. & Bridget Leary, Olive C. Myers, William L. Barnes, ,First Baptist Church, Edgar J. Thivierg@, Bertha M. Baker, Daniel ' J. O'Connell, Ellen F. English, Erma L. Burgess, Susan A. Tracy, William M. & Alice S. Crawford, Charles W. & Robert L. Ryder, Trustees, Clement H. & Mildred P. Ferguson, Matthew & Minnie B. Stevenson, Emma T. Pring, Bls ohe T. Nilson, Florence L. Nickerson, Beatrice F. Morse, Phyllis M. Jenney, J. Joseph Hurley, Benjamin F. & Mildred P. Groot, Helen F. Longbard, Ann F. Rudd, Margaret M. Gallagher, Emily H. Morse, 'Sarah E:. Com1®7; et, al,' 'S.,Clow' Martha C. Bennett' Freda R. & Minnie C. Bond, Harry M. Aldrich,. Lexington Catholic Club, Robert L. Innis & Dougal McLennan, Joseph P. & Mary S. Graed, Eugene T. Buckley, Alexander Quinn, Edison Electric Ill. Co., Mary A. Douglass, Emilie DeVeau, and also advertised in the Lexington Times Minute Man on June 17, 1932 a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. June 14, 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 determine the application of Section of the Lexington Zoning By-law with respect to the premises at No. 1698 Mass. Avenue, owned by Mary S. Valentine of Lexington by permitting the following; The storage, keeping and sale of gasoline, oil and petroleum products. Thomas J. Hayes 46 Walden Street Concord, Massachusetts N O T I C E June 16, 1932, The Board of Appeals will hold a hearing on the matter of determining the application of the Zoning By-law by permitting the storage of 40000 gallons of gasoline, oil and petroleum products and for the sale of said products by Thomas J. Hayes of Concord, Mass* and the installation of four pumps at 1698 Massachusetts Avenue, Lexington, under the Lexington Zoning By-law and in accordance with Chapter 133 of the Acts of 1924. The hearing will be held on July 5th, 1932 at 8:15 P.M., Selectmen's Room, Town Office_Building, Lexington, Arthur N. Maddison Chairman, Board of Appeals. A true record, Attest: Clerk. 1 1 oj.