HomeMy WebLinkAbout1932-12-22 15 3 -�
BOARD OF APPEALS IvUETING
:17
tecember 22, 1931.
The Board of Ape als held a meeting in the
Selectmen' s boom, sown Office !3uilding, at 8, o' clock P.M.
The majority of the Board of Appeals being present.
Jenney 'ompany Petition. Hearing joint with Board of
Selectmen.;
The hearing was opened by Chairman of Selectmen
The Clerk of the Board of Appeals read the notice of
the hearing at 8.00 P.M. Mr. Harwood representative of the
Je ney Co. spoke in favor, explaining that the company desired
cyr, to install an additional pump with tank for 1000 gallons of
gasoline in order to be able to sell another grade of gasoline at
its station located at the easterly corner of "taltham Street and
Marrett Road. He said it was the company' s intention to install
a group pump such as this company had installed in their stations
about Boston.
No one appeared in opposition
Hearing of John Lamont.
The Clerk read the notice of the hearing, Mr. Larront spoke
in favor 11,e had no evidence to add in addition tt the hearing
held on November 6, 1931. Mr Lamont said that he understood
that the permit, if granted, would run from year to Year and that
he would have to apply yearly for a permit.
No opposition was offered.
The Board in private session discussed the petition of
the Jenney Co. It was voted that the permit be granted as follows:
The Board of "pneals , acting under General Laws .
Chapter 40, Sec. 27, having received a written petition
addressed to it by Jenney Mfg. Co.
a copy of which is hereto annexed, held a public hearing
',hereon of which notice was mailed to the petitioner and to the
owners of all property deemed by the board is be affected
thereby as they appear on the most recent local tax list and
also advertised ih 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 the 2nd day of December, 1931.
A majority 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 the petitioner desired to install an additional
pump for gasoline and one 1000 gallon gasoline tank at its
filling station located at the easterly corner of Waltham
St and Marrett hd. No one apPeared In opposition.
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;
w
. 59
1. That in its judgment the public convenience and
welfare will be substantially served by the making of the
exception requested.
'Y" 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 difficulty
and unnecessary hardship and the relief requested may be
granted without substantially de ogating 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 necessary to
permit
the installation of such additional pump and tank, said
pump to be located on the existing island where the present
pumps are now located.
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 iteoord 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 LEXING`''ON
(Appointed under G.L. Ch. 40, Sec.27 )
Arthur N. Madison
Roland W. Baldrey
Theodore A. Custance
Curlys L. Slocum
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 3rd day of
December, 1931 to Thomas Brown, John W. Riley, Hallie C. & Lulu M. Blake,
James Cook, Annie Lampron, Annie Katkoff, John E. Hurley, Bertha L. Hill,
Ashley N. Partridge, Joseph MacDonald, 'harles W. & Robert L. Hyder, Trs.
Fritz Wihtol, Thomas U. 4hiting, George G. Whiting, Finnie M Ryder,
Mary E. Lowe, Mary & Margaret S. McKenzie, John J . Malloy, Jean M. &
Charles M. Berry, Neil McIntosh, Tr North Camb. Co-operative Bank,
Anna M. Gott, Lex. Co-operative Bank, Kobert Gozzi, Antonio Umbrello,
Etta C. Torsleff, & Herbert W , Marshall L. & Alice L. Tebbetts,
Eliza H. Syme, George E. Swanson, William H. smith, Joseph H. &
Susannah Porter, David A. Rix, Martha J . Ensign, Arvin R. Dix, James J.
Chutsanis, John Cerullo, Louise J. Carter, James E. Carroll, Edna J.Arno1d
C=.
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Fred Bailey, Ella R. Barker, Eleanor M. Bourque Susanna Brown,
William F. & Jennie H. Lowne, Lois M. Durling, 'rage Frey, Sarah Greav,s �
Elizab-th T Keefe, Della T. Lutes & Ethel A. Wright, Mary J. T
II
Anna E. Marshall, Charlotte L. & Helen G. Murphy, Josephine
Nunan, Jennie M. Partridge Lizzie M. Porter & Mary E. Brown,
Thomas & Matilda Davison, halph E. & 'lice Deloid, Frederick A.
Connor, Vere C. Lhamplin, William O'Connor, Frederick D. Cook,
George K. & Henrietta C. Watkins, Standard Oil Co. of New York,
Edward F. Rogers, Niram Rossman, Henry Saarm, Howard I. &
Nellie M. Saunders, Donald McKinnon, 11ary I cKIrnon, Melissa J.
Dykman, Edward Crouch, Lawrence C. Saunders , Jennett L. Bennett,
George A. Given, Charles A. & Nancy E. Lytle, John H. & Phyllis
Shaw, George V. & Nora G. Hunt, Aubrey E. & ®adie -,W. Caldwell ,
James M. & Marguerite Commas. , Clarence E. & Catherine M. McElman,
Jeanette B Fountain, Warren S. Grant , Maria Irwin, Ralph E. &
Florence V. Cox, Patrick Malloy, 1homas H. Malloy, John D. Craig,
Frances A. Ryan, Ida H. B. Capper, Mable D. Beers , Mary F.
Buckle`*, ames Munroe, Grace L. +Kinckley, Edgar W. & Marion B.
Houghton, Helen L'. McCormack, s#enney Mfg. Co. , and also
published in the Lexington Times Minute Man on December 4, 1931
a notice of which the following is a true copy.
•
Roland W. Baidrey
Clerk, Board of Appeals .
Lexington, December 2 , 191
I
Lexington Board of Zoning Apnea's
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 6 ( c) of the Lexington Zoning By-law with
respect to the premises at Waltham St. & Marrett Rd. , owned by
Jenney Mfg. Co. of Boston, by perm tting the following Install and
maintain an additional one ( 1 ) thousand gallon tank for storage and
sale of gasoline
Jenney Mfg. Co. (Signature )
12 India St. , Boston. (Address)
NOT I C E
December 3, 1931.
The Board of Appeals will hold a hearing on the matter of determining
the matter of the application of the Zoning Law by permitting the in-
crease
of 1000 gallons of gasoline additional storage at the filling
station owned by the Janney Manufacturing Company of Boston, located
,,) at the corner of Waltham Street and 'arrett Road, Lexington , under
0 Section 6 ( c ) in C.l llistritts and Section 9 of the Lexington Zoning
a
By-law and in accordance with Chapter 133 of the acts of 1924 .
The hearing will be held on December 22, 1931 at B.P.M. at the
Selectmen's Froom, '-Lown Office Building Arthur N. Maddison Chairman
Bd. of Apn.
The Board in private session discussed the petition of
John Laront . It was voted that the applic tion for a permit by
John Lamont to serve meals to the public at the Mohawk Country
Club be granted as follows
The Board of Kppeals, acting under General Laws. Chapter
40, Sec. 27, having received a written petition addressed to it
by John Lamont
a copy of which is hereto annexed, held a public hearing thereon
of which notice was railed 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 1_ st and also advertised in the
Lexington Times Minute iilan a newspaper published in Lexi ngt -n,
which hearing was held in the Selectmen' s xoom, in the Lown Office
Building on the 22nd day of December, 19'31.
A majority of the Board of tippeals 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 the petitioner, John Lamont was the owner of the
prop=rty known as the "Mohawk Country UlubT' ,located on Cary Avenue,
and that he desired permission to serve meals to the )ublic at
the club house. No one appeared in opposition.
At the close of the nearing 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 be substantially served by the making of the
exception requested.
2. That the exception requested will not tend to impair the
status of the neighborho^d .
3. That the exception requested will be in harmony with
the general purposes and intent of the regulations in the
Lexington toning By-law.
4. That the enforcement of the Lexington toning By-law
as to the locus in questiee would involve practical difficulty
and unnecessary hardship and the relief recuest ,d may be
granted withorr substantially derogating from the intent and
purpose of such Lexington Zoning By-lcw
Pursuant to the said findings, the Board hereby unani-
mously decides that the application of the said Lexington
Zoning By-law is herebte varied so far as may be necessary to
per• ;t
John Lamont to serve meals for remuneration at the
Mohawk Uountry Club House for a period of one year beginning
Jan 1, 1932, subject to the following conditions - (a ) no sign
in excess of four (4 ) sq. ft . in area shall be displayed in
connection with the club, (b ) no structural alternatioo or
additions are to be made to the club house as now existing.
162
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 sur :arized, and directs that this record
immediately foilo •aing th. s decision shall be filed in the office
of the To[rvn 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 U.L. Ch. 40, Sec.27)
Arthur N. I addison
Roland W. Baldrey
Theodore A. Custance
Culys L. Slocum
C. Edward Glynn
I, Roland W. Baldrey, Clerk of the Board of ''ppeals of
Lexington, appointed under General Laws , Chapter 40, Section 27,
hereby certify that I sent by registered mail on the 3rd day of
December, 1931 to John P. & Martha R. Gorman, Charles E. McLaughlin,
Charles W. Ryder, Lillian L. Stimson, Neil McIntosh, Catherine F.
Magurn, Alexander Holmes, Saunderson H. Dunlop, Anna I . & Mary J.
Marshall, Charles Hayden Elisa Lamont, ,lyde E. Steeves, et al
Trustees , Mohawk Club, 6harles w. Ryder and 1`ot+ert L. Ryder, Trustees,
Charles 0 Nichols, George F. McLaughlin, John Lamont , and also
published in the Lexington Times dIinube Man on December 4, 1931
a notice of which the following is a true copy.
Roland W. Baldrey
Clerk, Board of Appeals
November 30, 1931.
Lexington Board of Zoning tippeals
Town Office Building
Lexington, Mass .
Gentlemen
The undersigned hereby petition the Lexington Board of Appeals,
appointed under Beneral Laws , Chapter 40, 'ection 27, to vary the
application of the Lexington Zoning By-law with reepect to the
premises at Mohawk Country Club, Cary Avenue, owned bz him by
permitting the following serving of meals to the public.
John Lamont (Signature )
Cary Avenue (Address )
16 3
N 0 n I C E
December 3, 1931.
Lexington Board of 'nning Appeals .
The Board of appeals ,rill hold a hearing on the „-atter of varying
the application of the Zoning Law by permitting th, serving of meals
to the public, at the Mohawk L'ountry ulub located on L,ary avenue ,
Lexington, Mass. , in accordance with Chanter 133 of the Acts of 1924
The hearing will be held on December 22, 1971, at 8. 15 P.M.
at the Conference hoom, Town Office Building
Arthur N. Maddison
Chairman, Board of Appeals .
The minutes of the meeting under .,ate of Nov. 20, 1931.
were read and approved as corrected .
A letter from the Town Counsel dated Dec.22, 1971
regarding the application of James R. Smith for variation of
certain lot lines was read and the secretary of the Board was
requested to return Mr. Smiths application and check and
inform him that in the opinion of Counsel the Board of Hppeals
II
would not have jurisdictirn to act on the matter unless it
comes before it on appeal from the decision of the Building
Inspector or an application for permit to erect a specific
building.
The subject of the petition of Joseph Boinay was
considered, and it was voted that the petition be denied
as follows -
The Board of appeals, acting und'r General Laws
Chapter 40, kec. 27, having received a written petition
addressed to it by Joseph V. Boinay
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 newspaper published in Lexington which hearing was held
in the Selectmen' s Room, in the Town Office Building
on November 20, 1931.
A majority of the Board of Appeals was 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 be granted anohzther permit for a -
' roadside stand at 100 Pleasant St. that he was granted a
permit for one ( 1) year expiring Dec. 31, 1930, with certain
restrictions, which restrictions had not been complied with;
that furthermore the petitioner had been occupying the stand
without a permit during 1931; that traffic conditions at
this point are very dangerous .
16
No one appeared in opposition, but two letters were
received protesting.
At a meeting held Dec 22, 1931 the Board in private
session gave consideration to the subject of the petition
and voted 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 ttith 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 4nvolve
practical difficulty and unnecessary hardship and the
relief requested ray 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 Joseph V. Boinay.
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 sown 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, sec.27Y
Arthur N, Maddison
C Edward Glynn
Theodore A. Custance
Cutlys 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 registeres mail on the 4th day
of November 1931 to Pasquale & Hermina Luongo, Clarence H. Cutler,
James F. & Lillian D. Moran, Patrick J. Shannahan, P
Sawyer Gdn. , Sarah B. VanNess; J . Alexander 'Milson, Ernest H.
R. Burroughs, David F. Owens & Stephen J. Harrington, Lucy D.
Walsh, Emily A. Saul, Lucian I. & lizabeth Pingree, Ernest &
Martha L. Jones, Pauline it. Bartlett & Elizabeth A. McLaughlin,
Esther P. & Neil H. Borden, Mary D. Hatch, George W. Norton,
165
Joseph V. Boinay, Harry F. Boinay, and also published in the
Lexington Townsman on November 4, 1931 a notice of which the
following is a true copy.
Roland W. Baldrey
Clerk, Board of Appeals.
October 31, 1931.
Lexington Board of Zoning Appeals
Town Office Build]ng
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington
Board of Appeals , appo'inted under General Laws, Chapter
40, Section 27, to vary the application of Section 9F
of the Lexington Zoning By-law with respect to the
premises at No. 100 Pleasant Street, owned by Harry F.
Boinay of Natick by permitting the following Roadside
stand.
Joseph V. Boinay (Signature )
100 Pleasant St . , ( Address )
N OTICE
Lexington, Mass .
Nov. 4, 1931
The Board of Appeals will hold a hearing on the matter of
varying the appllcation of the zoning law by permitting_ the use of
the premises at 100 Pleasant Street , owned by starry r . Boinay,
of Natick, for a road-side stand under section 9F of the
Lexington Zoning By-law and in accordance with chapter 183 of
the Acts of 1924. The hearing will be held on November 20, 1931
in the Selectmen' s Room, 'town Office Building, at 8 P.M.
Arthur N. Maddison
Chairman, Board of Appeals.