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.