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HomeMy WebLinkAbout1934-06-0836 BOARD OF APPEALS MEETING. JURE 89 1934. ' A meeting of the Board of Appeals was held at the. Selectmen's Room, Town Office Building at 8:00 P.M. Messrs. Maddison, Ferguson, Robbins and Hatch were present. The Secretary was also present. Hearing was declared open upon the application of Cyril A. Wood of 35 Williams Street Arlington and Carl Petterson of 8 Hill Street, for permission to maintain a golf driving range at the Marrett Gardens on Marrett Road. Mr. Robbins, the Clerk, read the notice of the hearing as printed in the Lexington Minute -Man. Cyril Wood appeared and explained that he wanted to use the Marrett Gardens, so called, for a driving range similar to the manner in which it had been used previously. He was to use the same tee. He was to have only the driving range and he would make other signs than those previously used. No persons appeared in opposition. Letter was received from William P. Martin who owns the property adjoining that of Innis and McLennan where the golf driving range was to be, in which he stated that he had no objection to the permit being granted. The hearing was declared closed and the matter taken ' under advisement. Mr. William N. Robbins of Locust Avenue, member of the firm of Robbins and Smith, came before the Board relative to the decision of the Board on the sign on Mass. Avenue advertising land of the development off Tower Street. After the hearing on the application of Robbins and Smith for permission to maintain this sign, permission was granted to maintain the sign provided they advertised only the land upon which the sign was located. The sign advertised the development on Tower Street and Locust Avenue but the sign was located on Mass. Avenue. Mr. Robbins inquired if any objection would be made if the sign read "Land For Sale Apply to Ms. Robbins". The Board of Appeals informed him that they could not see any objection to a sign reading like this, and he therefor stated that he would have the sign changed right away. Hearing was declared open upon the application of Mrs. Annie Bierenbroodspot of Ridge Road for permission to put an addition on her house of two rooms and bath with a garage unddrneath within the twenty foot set back required under the Zoning Law. The Clerk read the notice of the hearing. Mr. and Mrs. Bierenbroodspot were present at the hearing ' and presented plan of the proposed alteration to her house. Mr. Fred W. Longbottom, Building Inspector, was present at the hearing and explained that this house to which the 37 addition is desired, is on a ridge and land back of the house ' he did not believe could be built upon owing to the swampy condition. He stated that Mr. Bierenbroodspot put a pole down in the back of this land and it went out of sight. Mr. Longbottom recommended that the permit be granted and he stated that Mrs. Bierenbroodspot would be willing to give any amount of land the town needed to widen the street if the town decided to lay out a public street over Ridge Road, #his land to be given from the other side of the street. Mrs. Bierenbroodspot presented plan of the proposed addition and plan of the land. She stated that the construction was to be the same type as that of the present house. She, verified the fact that the land in the back of the house was unsuitable to build upon and that she would be willing to give the land as stated by lir. Longbottom. No persons appeared to object and the hearing was declared closed. Hearing was declared open upon the application of George H. Spellenberg of Avon Street for permission to maintain a garage for the Super Service Express Business on property of his rather, Frederick H. Spellenberg on Laconia Street. The Clerk read the notice of the hearing as printed in the Lexington Minute -Man. Mr. George H. Spellenberg appeared and presented plan of the proposed building. He stated that there would be, room enough for three trucks and he wanted to have living ,quarters over the garage. The house part would be of wooden construction and the bottom story would be cement with wire lathe ceiling and hard plaster. The Building Inspector stated that Mr. Spellenberg originally conducted an express business on Lowell St. and he informed him that he would have to take down his sign. Since then he moved to Avon Street. Mr. Spellenberg stated that he would eventually tear down the living quarters and use this part of the building for a work shop and build a house for living quarters. He stated that he had land enough for another lot for a house. He runs one truck for expressing from Boston. No one appeared in opposition and the hearing was declared closed. In reference to the application of Harry E. Johnson for permission to maintain a sign 44 feet by 3 feet on Mass. Avenue at the development in the Taft Avenue section, Mr. Johnson not having appeared, it was voted not to take any action on the application. The Board considered the application of Fanny P. Crown for a permit for a filling station at the corner of Mass. Avenue and Curve Street and voted to deny the petition in ' the following form; 38 ►.o The Board of Appeals, acting under General Laws Chapter 40, sec. 27, having received a written petition ' addressed to it by Fanny P. Crown, 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 fifth day of June, 1934. A majority of 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 behdlf of the petitioner tending to show: that they had a vacant lot of land at the corner of Massachusetts Avenue and Curve Street, and desire to receive some income from the land and that they had an offer to rent the same for a gasoline station. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to shown that such use of the land would be a detriment to the neighborhood and that Massachusetts Avenue was rather narrow at this point. At the close of the hearing the Board in private session June 8th, 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 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 rdquested 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 hot be granted without substantial detriment to the public good and 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 Fanny P. Crown on the grounds , that Massachusetts Avenue being rather narrow at this point, it would be a dangerous location for a filling station, and further than there is no public necessity for 39 additional accommodations for gasoline and oil in this vicinity. All of the members of the Board of Appeals desired to be recorded in favor of denying this permit. The Board hereby makes a ddtailed 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 a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF A`'PTALS OF LEXINGTON (Appointed under G.L. Ch. 40, sec. 27) A. N. Maddison Charles E. Ferguson Howard W. Robbins C. Edward Glynn George C. Hatch, Jr. I, Howard W. Robl,ins, Clerk of the Board of Appeals of Lexington, a -pointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 17th day of May, 1934, to John L. Pichette, Bertha V. Pichette, Maurice P. A'Hern.,Edward W. & Esther S. Baker, Florence M. Daniels,-reEsther B. Lee, Richard E. & Jessie N. Trusdell, Stephen Broughall, Gertrude Pierce et al, Katherine A. Russell, Morse L. Walker, Anna L. OtHearn, George Sweetland, William N. Robbins, James R. Smith, Johanna Kennedy, Edward F. Buttrick, Alice S. Kennedy, Trustee, Nelson W. Jenney, Joseph Trani, Louis J. & Clara Reynolds, Emily A. Peirce, James and Martha Holt, Roland W. & Edna Baldrey, Fro ncis D. & Mary E. Tracey, John Yanuskis, George A. Parks, Henry F. Peabody, Edward W. McNamara, Sarah B. Kew, Daniel T. Kenney, Bartlett J. Harrington, Harry & Bertha G. Hanson, William F. Fletcher, Fanny P. Crown, William E. & Emily Brown, Elvin E. Baker, Abbie L. Wellington, Edgar W. Harrod, Lizzie E. Lowell, Leona d. Truesdell, Elisabeth A. Towne, Mary E. Barnes, Lyman C. & Christine E. Stewart, Standard Oil Co. of New York, Inc., Michael Interante, Annie B. Fraser, Alexander Quinn, Sarah Gibson, Roland N. & Margaret S. Hayes, Irving P. Locke,. John W. & Annie S. Mc Learn, Michael E. McCarron, Ella M. Fletcher�Annie F. Pero, Frederick S. Ormond, and also advertised in the Lexington Minute -Man on May 17th, 1934, a ' notice of which the following is a true copy. Howard W. Robbins , Clerk, Board,of AT, =Charles H. Low, John 14. & Bridget M. Cotter, Aleah E. Canessa **Alice G. Marshall, Hattie M. Page Vernon C. & Florence H. Page 4® M May 15, 1934.; 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 vary the application of section of the Lexington Zoning By-law with respect to the premises at No. 659-863 Mass. Avenue owned by George A. Parks of Appleton Street, Malden by permitting the following: Gasoline filling station. Fanny P. Crown Signature 26 Curve Street, Address. N 0 T I C E Lexington, Mass. May 16th, 1934. The Board of Appeals will hold a hearing on the matter ' of varying the ar.plication of the Zoning Law by permitting on the premises owned by George A. Parks of Malden and located at 859-863 Mass. Avenue, Lexington, a gasoline filling station, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amerdmerts. The hearing will be held at the Selectments Room, Town Office Building on June 5th, 1934, at 8 P.M. Arthur N. Maddison, Chairman, Board of Appeals. It was decided to hold a meeting on June 11, to consider the pending applications. A true record, Attest: Clerk.