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HomeMy WebLinkAbout1934-05-1828 �c BOARD OF APPEALS. ' MAY 189 1934. A meeting of the Board of Appeals was held at the Selectmen►s Office, Town Office Building, on Friday, May 18th at 8:00 P.M. Messrs. Maddison, Glynn, Robbins, Ferguson and Hatch were present. The Secretary was also present. The Chairman declared the hearing open upon the application of Charles W. Ryder of Lexington for permission to maintain a real estate office and sign 9 feet by 9 feet for a term of two years. The Clerk, Mr. Robbins, read the notice of the hearing as published in the local paper. Mr. Philip D. Clark appeared representing My. Ryder and stated that Mr. Robert L. Ryder would appear later. Mr. Clark presented the plot plan of the land on Waltham Street at the corner of Winthrop Road Extension and also the plan of the proposed building which was to be 12 feet by 16 feet in size and was to be located on lot 88 on the development. He stated that the building was to be just a simple temporary office, he did not know yet whether it would be a log cabin type or not. He stated , that they would put the sign back wherever suggested. He stated that the building would be put back forty feet from Waltham Street and about 10 or 15 feet back from Winthrop Road Extension, Mr. Robert L. Ryder appeared stating that he had been detained. He stated that they would like to have the sign placed in a position where it could be seen from Waltham Street and that the sign would advertise the development. The reason for asking for the permit for two years was that he felt that in two years they could sell out, but if one year is the limit of time that the permit can be granted for, they could come back at the end of one year for a renewal of the permit. In regard to the inquiry as to why they wanted a sign of the size requested, Mr. Ryder stated that Mr. Lamont and his brother madd out the application, but if the size was objectionable they would be willing to out the size down. He stated that it might be possible they might want two signs. After the close of the hearing the Board in private session voted that a permit be granted to Charles W. Ryder to maintain a real estate office and sign in the following form; 1 29 2. 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 owing to conditions especially affecting the said parcel but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Charles IN. Ryder to build and maintain a real estate office as shown on blue print, "Real Estate Office BOARD OF APPEALS PERMIT. ' The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Charles W. Ryder, 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 pub- lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the eighteenth day of May, 1934. All bf the 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 desired to construct and maintain an office building approximately 12 by 16 feet on his development at Waltham Street and Winthrop Road Extension, and to erect a sign on said development. No one appeared in opposition. At the close of the hearing the Board in private session May 18, 1934, 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 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 owing to conditions especially affecting the said parcel but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Charles IN. Ryder to build and maintain a real estate office as shown on blue print, "Real Estate Office 30 for Lexington Estates Trust, dated April 27, 1934" to be located on lot X88 on Plan of Barnes and Beal dated ' August 1930, situated at the corner of Waltham Street and Winthrop Road Extension, the same to be set back at least twenty (20) feet from Winthrop Road Extension and forty (40) feet from Waltham Street. This building shall be used only for the purpose of selling lots situated in the sub -division on which it is located and permit shall expire one year from date. That a permit be granted for a real estate sign not greater than nine feet long by six feet in height advertising only the sub -division on which it is located, and situated on lot #88 above referred to, and set back at least forty feet from Waltham Street and twenty feet from Winthrop Road Extension; this permit to expire two years from date. And that both structures shall be maintained in a state of repair satisfactory to the Building Inspector and shall be removed from the property upon the expiration of both _ of the above permits or any succeeding permits. 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 shall be open to public inspection and that notice of this decidion shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch.40, Sec. 27) Arthur N. Maddison C. Edward Glynn George C. Hatch, Jr. Howard W. Robbins Charles E. Ferguson. I. Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 4th day of May, 1934, to Arthur N. & Minnie C. D. Maddison, Ada H. Rowse, Beatrice H. Lamont, Edith J. Knights, Annie Harrington, William I. and Grace P. Brown, Louella F. Morang, Florence Sullivan, Tr., Harold C. & Alice L. Ashley, Minola M. Black, Marion Brown, Irma L. Dowling, Henry C. and Della M. Gad, Mildred M. Hilliard, Ashburn C. Kilgour, Cora R. ' Norris, Kenneth C. & Lillian A. F. Ringer, Abbie E. Stevens, Ellen S. Trowbridge, J. Joseph and Anne T. Hurley, 31 Beatrice F. Morse, Florence L. Nickerson, Blanch T. Nilson, Anne F. Rudd, Margaret M. Gallagher, George S. & Daisy MacAlpine, Arthur C. & Dorothea Dodge, Richard J. Burke, Camillo and Elisa Appollonio, Gaetano & Berta Francescelli, Rachela Beleastro, George Givan, Mary Marshall, Edward F. Rogers, Wallace P. Lyon, Jennett L. Bennett, Henry IPJ. B. Cotton, Louise J. Curter, Hallie C. & Lulu M. Blake, George H. Peterson, Stella M. & Frank P. Herrick, Elizabeth F. McIntosh, Anna N. Lane, Mary S. H. Ellis, Mildred Beatty, Charles D. Wiswell, '11r., Alice M. & Albert A. Ross, Florence A. Gilcreast, Walter G. Black, George H. and Emma A. Gibson, Clarri.e H. Mulliken, John E. A. Mulliken, William E. Mulliken and Charles W. Ryder, and also advertised in the Lexington Minute -Man on May 3rd, 1934, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. April 30, 1934. Lexington Board of Zoning Appeals Town Office Building ' Lexington, Mass. Gentlemen: i The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9, paragraph D of the Lexington Zoning By-law with respect to the premises at Walthan Street and Winthrop Road Extension owned by Charles T. Ryddr of Lexington by permitting the following: Real estate office and sign 9 x 9 for a term of two years. Charles IN. Ryder Signature By John Lamont 117 Waltham Street. Address. N 0 T I C E Lexington, Mass. April 30, 1934. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Charles W. Ryder of Lexington and 32 located on Waltham Street, a real estate office and sign nine feet by nine feet for a period of two years, , under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on May 18, 1934 at 8:00 P.M. at the Selectmen's Office, Town Office Building, bexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The Chairman declared the hearing open upon the application of James A. Guthrie of 24 Taft Avenue for permission to erect a community club on Baker Avenue, at 8:20 P.M. The Clerk read the notice of the hearing. Mr. Guthrie representing the Liberty Heights association stat6d that they were applying for permission to erect a club house on Baker Avenue. He presented a petition signed by those in favor of the erection of the clubhouse, also plan of the proposed club house which was to.be 24 feet by 44 feet in dimension. He stated that this community club up to last Novembdr was previously the Liberty Heights Improvement Association in existence for the past:twenty years, since November 1913. During those twenty years as an improvement , association it has been a great help to that community, in times when the town was not equipxed as it is today. During the years 1913 to 1919 they expended $1200 out of their own pockets for work done in that community. Last November they decided to abolish the old organization and rename it the Liberty Heights Community Club in order to create more social interest. Mr. Guthrie explained that there are about 150 houses in that neighborhood and that the `'club would be practically isolated from the rest of the town in this neighborhood, and would create more social interest in that neighborhood. There are'two churches that have two groups and this club would be a place where other organizations could have their socials. He did not think that there was any other organization that did as much as this club has done. The Club always holds an outing for the women and children in the neighborhood and supplies everything free of cost. The club is not incorporated. The land was going to be given by one of the members of the organization and everything else except materials will be free gratis as the labor in connection with the building, plumbing, electrical work, roofing and shingling, will be done by the members. They will only have to buy the lumber and materials and they have started a`building fund.by subscription through which they expect to realize about ' X400. 33 The Chairman inquired what the club would be supported by and who would keep it from being run down. He stated that they have whist parties during the winter months and the members dues take care of the upkeep and the members do the repair work. Mr. Maddison called attention to the fact that such clubs and organizations have been known to fall by the wayside. Mr. Guthrie stated that he did not know just what would become of the property but he felt that it would be some years before that would happen inasmuch as this organization has already run for twenty years. Mrs. Caroline Bowker of Baker Avenue stated that the members were not the same ones that joined the association originally and that the members are changing new ones coming in and others going out. In reference to the deed of the property, Mr. MacPhee was present and stated that he owned the land since 1924 and he has given it to the club, but the deed has not been registered as he was waiting to see what the action would be in reference to granting the permit for the building. In reference to Mr. Glynn's inquiry relative to the construction of the walls, Mr. Guthrie stated that it was to be a frame structure with wooden shingled.sides on a lot 60 feet by 90 feet. 11 'The Chairman read the petition signed by persons in favor of the building being erected. Mr. John Audick was present and stated that he did not have an opportunity to sign the petition but he was willing to sign and was in favor. His wife also'was in favor. Mr. Peter Van Gemert stated he was strongly opposed to the building being erected, as he was located right next to this particular place and as was stated tonight if the place was used for organizations and churches it would not be very quiet. He felt that persons going home at midnight and thereafter giving salutations to one another would be disturbing. He had lived in Roslindale where he was forced to live on account of the cheap rent where there were clubs and organizations and he came to the country to have a quiet place to live in. He stated that in two years he paid taxes and street betterments in the amount of $1375. and he would like to have a little bit of privacy. He felt that this was a community of houses and not a business district and that the permit should not be granted. Funds for the club had been solicited from him but he was not willing to contribute. Mrs. Berglund, a daughter of Mr. Van Gemert's was also present# and opposed the club. She stated that they own five lots on Baker Avenue and two on Ames Avenue. ' She stated that this land where it is intended to build was low and was filled in and they had no objection to this being done as it would improve the property, and up to the time when there was thought of a building on the property, no one paid any attention to the dump, but when aL Mr. Guthrie stated that the records would show about the club membership. 34 PV the building was thought of, they asked if she objected ►-�" to the dump, and if the building would not be less objectionable than the dump. She felt that everybody , was welcome to a club and if a club was located next door it would lessen the value of their property. They also have a house which they rent and they would not be able to rent the house. She felt that the people most interest- ed in the club live far enough away so that the club would not bother them or disturb them. Mrs. Caroline Bowker objected as she was one of the residents that would have to live right next door to it and her place is very restful and a club would be a source of annoyance. The members most all live far away and would not be disturbed and she thought they should build a club nearer their own homes. She and her daughter lived there for eighteen years and have spent their time in improving their property to make it more valuable. She felt if the club members did not have the funds that the club property would not be cared for. She also objected to the noise, expecially in the summer when they would have their windows open and they would be disturbdd from their rest after working all day. She also felt that in time to come some of the best members might give up their membership and they could not tell what kind of people might get in there, and they have no police protection in that section. There is no guarantee ' that undesirables will not come to the club. She therefor did not think this was a suitable place for a community club. Mr. Louis Vanderwoude stated that he objected for the same reasons that *ere given previously by the other speakers. tie felt that this was strictly a residential section and he felt this club would be just like many other clubs just a hang out for some of the members. He also felt that the Zoning Laws did not allow a club in a residential district and that there was no reason for taking action to allow one. Mr. Guthrie stated that the club would be open only at such times as activities were being carried on and would not be open at all times, also that the club has met for the; past two years in a camp in back of his house and they have now outgrown the camp. There had been no cards played at the club and no red liquor used. They did sometimes have beer or tonic. Mr. Maddigon explained that the Board of Appeals had to take into consideration what will happen to the club in the future. The hearing adjourned at 8:20 P.M. and the Board of, Appeals decided to visit the premises before ' making any decision. A true record, Attest: p Clerk.