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HomeMy WebLinkAbout1934-06-1141 BOARD OF APPEALS MFETING I JUNE 11th, 1934. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Messrs. Maddison, Glynn and Robbins were present. Mr. Hatch and Mr. Ferguson were not present. The secretary, Helen C. Whittemore, was also present. In regard to the application of James A. Guthrie for variance of the application of 6 (b) R.1 Districts of the Zoning Law, it was voted to deny the application in the following form: The Board of Appeals, acting under General Laws Chapter 40, sec. 27, having received a written petition addressed to it by James A. Guthrie, 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 Selectmen's Room, in the Town Office Building on the eighteenth day of May, 1934. All 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 behalf of the petitioner tending to show: that the club known as the Liberty Heights Improvement Association had been in existence for several years, and had recently changed its name to the Community Club of Fast Lexington, and was an unincorporated body being simply a group of residents in the neighborhood who had organized themselves into a club for social purposes. The land was to be given to the club by Mr. Clarence MacPhee and it was hoped to raise a sufficient amount of money to provide materials and fixtures to build a club house, the labor being contributed. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that the granting of the petition in a residential neighborhood would depreciate the value of their property, and the probable use of the club house for social affairs might result in considerable noise and become a nuisance. At the close of the hearing the Board in private session June 11th, 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. 42 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 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 James A. Guthrie on account of the possibility of depreciating the value of surrounding property, the possibility of its use becoming a nuisance and the community club not being an incorporated club. Messrs. Hatch and Ferguson, not being present on June 11, 1934, desired to be recorded in favor of denying the petition. The Board Nearby 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 off_i-ce 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 APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40, Sec. 27) A. N. Maddison George C. Hatch, Jr. Howard 71: Robbins C. Edward Glynn 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 James H. and Margaret B. Barnes, Nellie Beigbeder, Bridget H. Grady, Dorothy C. Hayward, Melvin A. Jennings, Clarence MacPhee, Addie M. Mason, Heirs of Esther E. McGowan, Edith N. Mbfitq, Helen F. Nary, Howard S. 0. Nichols, Agnes M. L. Ross, 1 1 43 John C. Russell, George F. Stygles, Martin C. Weyand, ' Fannie A. Lambert, Mable Wilmot.. Mary T. Irwin, Matthew M. & Marie A. Zubowitch, Peter VanGemert, John H. Stanley, Jessie F. Polley, Lexington Co-op. Bank, Monica A. Holland, Lillian E. Guthrie, George H. & Edna A. -Doughty, Jenrie C. Coye, Euphemia & John C. Cairns, Edson H. Bowman, Anna M. Folger, Antonia & Anthony Janusas, Louis & Hattie V. Vanderwoude, Marguerite A. Cofrin, Frank L. Cheney et al, Beatrice Cheney, Dennis & Albertina Byrne, John & Antonini Audick, Joseph L. McDonald, Kenneth P. Blake, Wilbur R. & Myrtle A. Banks, James and Mary C. Ball, John F. & Augusta J. Anderson, Ernest W. Anderson, Caroline & Ada G. Bowker, filaria McLaughlin, Patrick F. Walsh, Frank S. Early, William G. & Mary P. ".1right, John J. & Helen T. Sullivan, Mable F. Berry, Elizabeth J. Burbidge, Bertha J. Cook, Charles W. Cook, John J. & Ellen Foley, David & Janet Kidd, Alma P. Gagnon, Katherine V. McNamara, Waltham Co-op. Bank, Rudolph F. Carson, Peter J. DaRu, John F. & Alice Heaney, John A. & Katherine A. Hilton, Jessie 0. MacPhee, Frank E. Hudson and Nellie M., Rose Maloney, John F. & Rose M. McKenna, Frank P. Serrilla, Christina M. Shilliday, Joseph S. & Elizabeth A. Simon, Ilda J. Field, Mary E. & Malcolm H. Clifford, Velma 0. Collins, Elmer L. & Rhoda C. Cushman, Joseph L. Dahlstrom, Louise E. Dingwell, Matthew & Bridget Harvey, Johanna Langer, Clarence H. & Mary E. Macintosh, Henrietta S. Parsons, Joseph J. Pritchard, Herbert F. Shannon, William D. & Sarah L. Whipple, Bessie ' D. Ducey, Roger;F. Williams and James A. Guthrie, 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. May 1, 1934. Lexin ton Board of Zoning Appeals Town Uff ice 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 Baker Avenue owned by Community Club of Lexington, by permitting the following: Community Club House. ' James A. Guthrie, Signature 24 Taft Avenue Address. 44 M Inc N 0 T I C F Lexington, Mass. ' May 1, 1934., The Board of Appeals will hold a hearing on the matter of varying the.application of the Zoning Law by permitting on the property owned by the Community Club of Lexington and located on Baker Avenue, a Community Club House, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the GeTleral Laws, and amendments. The hearing will be held on May 18, 1934 at 8:15 P.M. at the Selectmen's Office, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. Mr. Hatch and Mr. Ferguson desired to be recorded in favor of denying the petition. In regard to the application of Annie Bierenbroodspot for permission to add two rooms and a bath with a garage underneath to her house on Ridge Road to be located within the twenty foot set back under the Zoning Law, Mrs. ' Bierenbroodspot agreed to give land to the Town for any future widening or lay out of Ridge Road, and the Board discussed the matter whether or not an agreement should be signed by Mrs. Bierenbroodspot to be -recorded at East Cambridge. After discussing the matter, it was felt that anyone purchasing property in Lexington would look up the Zoning Law reruirements and find the conditions under which this permit was granted. It was voted to grant the permit to Annie Bierenbroodspot in the following form: BOARD OF APPEALS PERMIT. The Board of Appeals, acting under General Laws, Chapter 40, section 27, having received a written petition addressed to it by Annie Bierenbroodspot, 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 Selectmen's Room, in the Town Office Building on the eighth 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 behalf of the petitioner tending to show: that she 45 desired to build an addition, consisting of two rooms and bath with garage underneath, to her house on Ridge Road which house is now within twenty feet of the street line. No persons appeared in opposition. At the close of the hearing the Board in private session June 11, 1934, gave consideration to the subject of the petition and voted unanimously in favor of the following findings; 1. Tha-t 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 prov- isions 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 withoi4t substantially derogating from the intent or 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 addition to the house of the petitioner as explained to the Board with the condition that no part of the street front of the addition is to be built beyond the street wall of -;the house as it now exists. This permit is granted on the further condition that should it be necessary for the town in widening or laying out of Ridge Road, to take land belonging to the petitioner on said street, she will deed the necessary amount of land for such widening or laying out without further compensation by the Town. Messrs. Hatch and Ferguson, not being present on June 11, 1934, desired to be recorded in favor of granting the permit. 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 "C t -C 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, Sec.27) A. N. Maddison George C. Hatch, Jr. Charles E. Ferguson C. Edward Glynn Howard W. Robbins. I, Howard V1. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 28, hereby certify that I sent by postage certificate of mailing on the 22nd day of May, 1934, to Ellen P. Spencer, Nicholas Comeau, Freddrick B. 4liitthus, Elmina & Howard Munroe, Elizabeth A. Young, Elizabeth A. Butcher, Henry J. Nutt, James A. Bailey, Annie Bierenbroodspot, Alexander and Robert Porter, Thomas L. Kelley et al. -Waverly Co-op. Bank, Charles H. Stearns, Anna Korman, 7,111liam E. Rundlett, John Waselic, August Young, Frederick H. Spellenberg, Josephine Bailey, and also advertised in the Lexington Minute -Man on May 24th, 1934, a notice of which the following is a true copy. Howard W. Robbins ' Clerk, Board of Appeals. May 22, 1934.. 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 section 7 of the Lexington Zoning By-law with respect to the premises at Ridge Road owned by Annie Bierenbroodspot of Lexington, by permitting the following; By adding two rooms and bath as shown on plan within twenty feet of street line. Annie Bierenbroodspot, Signature Ridge Road Address. N 0 T I C E Lexington, Mass. , May 22, 1934. The Board of Appeals will hold a hearing on the matter 47 of varying the application of the Zoning Law by permitting on the premises owned by Annie Bierenbroodspot of Lexington and located on Ridge Road, the addition to the present house of two rooms and bath within twenty feet of the street line, 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 June 8, 1934 at 8:25 P.M. at the Selectments Office, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. Mr. Hatch and Mr. Ferguson desired to be recorded in favor of granting the permit. In reference to the application of George H. Spellenberg for permission to build a garage with living quarters and a place for his express business, it was voted to grant the permit in the following -form for a period not extending beyond June 1st, 1939: 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 George H. Spellenberg, 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 Selectmen's Room, in the Town Office Building, on the eighth 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 behalf of the petitioner tending to show: that he desired to construct a two story building on land on Laconia Street adjacent to land of Howard M. Munroe, to be occupied in part as a garage for his express business. No persons appeared in opposition. At the close of the hearing the Board in private session June 11, 1934, gave cnnsideration to the subject of the petition and voted unanimoasly 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. 48 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 pro- visions 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 unanimous- ly decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit George H. Spellenberg to maintain a garage for his express business, known as the Super Service Express, on the lot of land adjoining that of Howard M. Munroe on Laconia Street; this permit to continue only so long as he shall be the proprietor of said express business, but not in any event beyond June 1, 1939. Messrs. Hatch and Ferguson not being present on June 11, ' 1934, desired to be recorded in favor of granting the permit. 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 herein- before set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immedi�itely following this decision 13hall 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, Sec. 27) A. N. Maddison George C. Hatch, Jr. Charles E. Ferguson C. Edward Glynn Howard Robbins, 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 22nd day of May, 1934, to Ellen P. Spencer, Nicholas Comeau, Frederick B. Witthus, Elmina & ' Haward Munroe, Elizabeth A. Young, Elizabeth A. Butcher, Henry J. Nutt, James A. Bailey, Annie Bierenrroodspot, Alexander and Robert Porter, Thomas L. Kelley et al, Waverly Co-op. Bank, Charles H. Stearns, Anna Korman, :^'illiam E. Rundlett, John Waselic, August Young, George H. Spellenberg, Frederick H. Spellenberg, and also advertised in the Lexington Minute -Man on May 24th, 1934, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. May 18, 1934. 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 Section of the Lexington ' Zoning By-law wit'- respect to the premises at Laconia Street owned by Frederick H. Spellenberg of Lexington by permitting the following; Maintain a garage for the Super Service Express Business. George H. Spellenberg, Signature Avon Street Address Lexington. N O T I C E Lexington, Mass. May 19th, 1934. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the maintenance of the Super Service Express business on the premises owned by Frederick H. Spellenberg and located on Laconia Street, Lexington, under the Lexington Toning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on June 8th, 1934, at 8:20 P.M. Selectmen's Room, Town Office Building. Arthur N. Maddison, Chairman, Board of Appeals. Mr. Hatch and Mr. Ferguson desired to be recorded in favor of `ranting the permit. 50 In reference to the application of Cyril A. Wood and ' Carl Petterson for a permit to operate a golf driving range on Marrett Road, it was voted to grant the permit in the following form: BOARD OF APPEALS PERMIT. The Board of Appeals, acting under General Laws, Chapter 402 Sec. 273, having received a written petition addressed to it by Cyril A. Wood and Carl Petterson, 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 Selectmen's Room, in the Town Office Building on the eighth day of June, 1934. 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 Cyril A. Wood tending to show: That the use of a portion of Marrett Gardens, so called, as a driving range had not been detrimental to the neighborhood while operated as such in the past, and no evidence was offered on behalf of citizens apposing the granting of the said petition. , At the close of the hearing the Board in private session June 11, 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 prov- isions 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 unanimously decides that the application of the said 51 ' Lexington Zoning By-law is hereby varied so far as may be necessary to permit the use of a portion of the land of Innis & McLennan on Marrett Road, known as "Marrett Gardens', for the period ending December 31, 1934, a golf driving range on the following conditions; 1. Ample provision for parking of automobiles is to be provided so that there shall be no parking of automobiles on Marrett Road or other public way. 2. The driving range shall be so placed that there will be no driving of golf balls parallel to Marrett Road or other public way, and shall be subject to such rules and regulations as the Board of Selectmen may establish. All members of the Board were recorded as in favor of granting this permit. 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 decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON. (Appointed under G.L. Ch. 40, Sec. 27) A. N. Maddison C. Edward Glynn Charles E. Ferguson Howard W. Robbins George C. Hatch, Jr. I, Howard JV. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 271, hereby certify that I sent by postage certificate of mailing or. the 17th day of May, 1934, to Ernest Foley, Francis McConville, Edward J. & Margaret M. McNamara, Robert Y. Webster, Frank E. Bougie, Antonio & Josephine Elaqua, Frank P. Cutter, Francis & Hugh Thompson, Catherine F. Herbert, Everett J. Custer, William P. Martin, Louise M. Hannaford, Charles W. and Mary A. Fittz, Russell S. Bray, Robert J. Fawcett, Thomas J. & Jennie Heaney, Highland Trust Co. Robert P. Trask, Augusta C. Holm, Gladys Harvey, Charles E. and Lillian E. Goodridge, Ervin R. Dix, Sylvia ' H. Aker, Neil McIntosh, Marie A. Miller et al, Helen C. Sarano, Edgar F. Scheibe, Emily R. Scheibe, Carl A. Thayer, Waltham Co-op. Bank, Irene F. ',.Vebb, Richard Whittemore, 52 Margrethe M. Kargaard, John J. & Carrie E. Mandigo, Mary M. King, Toros H. & Bedtos H. Bashian, Erma E. Hargrove, Florence K. Hargrove, Cyril A. Wood, Carl Petterson, Dougal McLennan, and Robert L. Innis, 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, Roar.d of Appeals. May 16th, 1934. 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 section of the Lexington Zoning By-law with respect to the premises at corner Marrett Road and School Street owned by Robert L. Innis and Dougal McLennan of Billerica by permitting the following; Golf driving range. Cyril A. Wood, Signature 35 Williams St. Arlington, Mass. Carl Petterson 8 Hill Street Lexington, Mass. N O T I C E Lexington, Mass. May 17th, 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 Robert L. Innis and Dougal McLennan nand located on Marrett Road near the corner of School Street, the maintenance of a golf driving range under the Lexington Zoning Law or in accordance with dhapter 40, Section 27A of the General Laws and amendments. 1 J ' The hearing will be held at the Selectmen's Room, Town Office Building, on June 8th, 1934, at 8:00 P.M. Arthur N. Maddison, Chairman, Board of Appeals. A true record, Attest: C Clerk. 53