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Home My WebLink About1933-06-30,tA 270-41, BOARD OF APPEALS MEETING. I JUNE 30, 1933. A meeting of the Board of Appeals was held in the Selectman's Room, Town Office Building, at 8 o'clock P.M. Messrs. Maddison, Glynn, Baldrey and Ferguson were present. The Secretary was also present. Owing to the absence of Mr. Robbins, Mr, Roland W. Baldrey was appointed Clerk Pro -tem, Mr,. Baldrey read the notice of the hearing as published in the Lexington Minute -Man of the application of ?Xinttte-Man Golf Club, Inc. of Lexington, Mass, Mr. Theodore A. Custance was present with Mr. Henry So Moody, Jr., President of the Club, Arthur Haid, Treasurer, William G. Potter, Director and Miss Mahoney, Secretary, Mr. Custa noe stated that he did not know that there was anything new to add to the facts presented at the former hearing except that the Moody Land Trust of Boston had licensed to the Minute -Man Golf Club of Lexington the property located at the corner of Pleasant Street and Concord Avenue, and they desired to sell food to the club members and guests. They presented in written form the book showing the incorporation of the club which had been accomplished since the last hearing. Miss Mahoney stated that there were 125 members in the club ' now and that the dues are $25. a year. Mr. Moody stated that the directors are the same as originally in the Moody Land Trust except for Mr. William G. Potter of Lexington. No other persons appeared in favor or against the application, and the hearing was declared closed. After discussing the matter, it was voted to grant the permit subject to the following conditions contained in the following order: P E.R,M I T The Board of Appeals, acting under General Laws, Chapter 401, Section 27, having received a written petition addressed to it by the Minute -Man Golf Club, Inc. 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 Minute -Man a newspaper published in Lexington, which hearing was held in the Selectments Room in the Town Office Building on the 30th day of June, 1933, at 8:00 o'clock P.M. A majority of the members of the Board of Appeals were present at the hearing. After hearing the evidence offered by the petitioner and such other evidence as was offered, the Board in private session pRt a meeting held June 30th, 1933, gave consideration to the subjeot of the petition and a majority of the Board voted that in its judgment the public convenience and welfare will be substantially served by the use of the premises described in the petition and that such use will not tend to impair the status of the neighborhood. The Board therefore determines that the application of Section 4, #. 1 Districts and 6 (b) oP the Lexington Zoning By -Law permits the use of the premises-described'in the petition, and located at the corner of Pleasant Street and Concord A'aenue and on the opposite side of Concord Avenue, now cumd by the Moody Land Trust of Boston to use as a golf course and for tennis, subject to the following conditions, and instructs the Inspector of Buildings of Lexington to grant a permit therefor. (1) Ample provision for parking is to be provided on said premises and there shall be no parking of automobiles by members or guests on streets adjacent to the property. (2) That the buildings now on the property are to be kept in good order and repair. (3) That the serving of refreshments as an accessory use of the premises is to be in the existing buildings only and is to be to members and.playing guests only. (4) This permit shall continue only so long as said Minute -Man Golf Club, Inc. of Lexington, Mass. shall remain in possession of said property and in control of its facilities. The Board therefore determines that the use of the premises described in the petition is in harmony with the general purposes and intent of the Lexington Zoning By -Law, Arthur R. Maddison Charles S. Ferguson C. Edward Glynn Roland ft. Baldrey Majority of Board of Appeals of Lexington. I, Roland W. Baldrey, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 4 C, Section 27, hereby certify that I sent by registered mail on the 14th day of June,'1933, to Henry U"dy, Jr., Williarm J. Miskell, John Miskell, Ernest D®Vincent, William G. Potter, Biago & Augustin Tambascia, Edward W. & Arthur F. Hutchinson, Adam Good, Lizzetta Good, Michael Tierney, John P. Apostulu, John G. & Kasmera Udis, Pauling Tahre, Anna M. Anson, Libba Anson, Henry & Margaret Glynn, FYa ncia and Mary Matulaitis, Harry F. Boinay, Ernest H. R. Burroughs, James F. & Lillian D. Moran and so advdrtis the Lexington Minute -Man on Jun 5, l 3, a t c which the following is a true copy. R an aldrey Clerk o -tem., Board of Appeal . 1 1 n June 12, 1933. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of the Lexington Zoning By-law with respect to the premises at Cor. of Concord Avenue and Pleasant Street, Lexington, Mass., owned by Moody Land Trust of Boston and licensed by the Minute -Man Golf Club Inc. of Lexington, Mass, by permitting the occupancy and use of the premises as a Golf C]ub and to sell food to club members and guests. ( Signed) Minute -Man Golf Club Inc. Lexington, Mass. By Henry Spencer Moody, Jr,, Pres. Arthur Haid, Treasurer N 0 T I C E Lexington; Mass. June 14, 1933. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By -Law by permitting the occupancy and use of the premises located at the corner of Concord Avenue and Pleasant Street, Lexington, and owned by the Moody Land Trust of Boston and licensed by The Minute -Man Golf Club, Inc. of Lexington, Masa., as a Golf Club and to sell food to club members and guests. The hearing will be held on June 30, 1933 at 8 otclock P.M. at the Selectmen's Office, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The Chairman submitted the following letter which he received from S. R. Wrightington, Town Counsel, under date of June 20, regarding tea rooms, and in view of the application of Mary A, Whelan for a permit for a tea room and tourists at 2519BedfordStreet, it was voted to instruct the Secretary to ' notify Mrs. Whelan of the opinion of the Town Counsel and suggest that under the circumstances she might like to withdraw her application: June 20, 1933, Arthur N. Maddison, Esq. 11 Pemberton Square Boston, Massachusetts Dear Arthur: I received 'your letter of June 15 about tearooms and have looked at my letter to you of September 30, 1930 about varying the Zoning Law so far as to permit a restaurant in a residence district in connection with the golf course. I understand that a tearoom is a public eating place like a restaurant, and I do not see how it can be distinguished from a restaurant on the premises of a golf course or the Mohawk Club. It is not the kind of thing meant in section 42 R-1 Districts, 2, where the words *the taking of boarders•- by a resident family in a dwelling*appear. I again call your attention to paragraph 4 in C-1 Districts which reads, Restaurants and other places for serving food". I think that the same rule should be applied to tearooms as to other restaurants in residence districts. I assume that you have been granting yearly permits under Section 9 We I understand, however, that this refers to really temporary uses and would not be appropriate in oonneetion'with a business requiring such a capital invest- ment as a tearoom or restaurant on a golf course. For the reasons I stated in my letter of September 30, 1930, namely, the fact that the By-law expressly provides for these eatif places in C-1 Districts, I do not see anything in section 9 which authorized the Board of Appeals to permit such variations even temporarily. As I have previously told you, I think it is an appropriate subject for an amendment to the Zoning By-law. Yours sincerely, (Signed) S. R. Wrig hting ton Town Counsel. Mr. Maddison called attention to the fact that Mr. Carlson desired to build a bungalow type of building back of one of his greenhouses on East Street, but he did not desire to put a cellar under the building. Mr.Ferguson pointed out that under the Building Lams, all buildings required foundations 4b that it did not appear that any exception could be made under the Zoning Maw. The records of the meeting of May 262 1933 were approved•. The mee#Ing adjourned at 9:3 .M. A true record, Attest: < Clerk. 1 1