Loading...
HomeMy WebLinkAbout1934-09-1863 BOARD OF APPEALS MEETING ' SEPT. 18, 1934. Joint hearing of the Board of Appeals and Board of Selectmen was held on the.application of Susan A. Spencer for permission to maintain a gasoline filling station, 3000 gallon capacity,. at 16 Waltham Street, at the, Selectmen's Room, Town Office Building, at 8 P. M. Messrs. Maddi.son, Glynn, Ferguson, Robbins and Hatch were present. The Chairman of the Selectmen called the hearing and the Clerk of the Board of Appeals read the notice of the hearing as printed in the Lexington Minute -Man. Mr. Spencer, the applicant, stated that he would like to have the hearing postponed, that he was not ready to present his application and that he had nothing to say at the present time. The Board informed him that the hearing had been duly called and it was therefor necessary to file the evidence presented both for and against the application. No other persons stated that they were in favor of the application. Mrs. Sarah Comley representing the estate of L. A. Thurston whose house was directly opposite, stated that she objected to a filling station at this location. ' Miss Marion McLeod stated that she was a tenant in the house of the L. A. Thurston estate and she objected to a filling station being erected. Letter was received by the Board of Selectmen from Errol H. Locke, representing Mrs. Bennett, owner of the house this side of the proposed station, objecting to the granting of the permit. Letters were received from the following persons by the Board of Appeals objecting: Errol H. Locke, representing Mrs. Bennett, Olive Myers, Daniel J. O'Connell and Freda -R.. Bond. Mr. Maddison informed Mr. Spencer he should tell what he had in mind in regard to a filling station inasmuch as they did not feel they could postpone the matter if he did not have any evidence to present. He stated, however, that he had no explanation and no plans at the present time. The Board explained to him that it would be necessary to advertise another hearing and notify the abuttors so that they would be given an opportunity to be heard on the application if he desired to postpone the matter. No further evidence was offered, and the hearing was adjourned. ' The Board of Appeals adjourned to the Conference Room to discuss the applications on hand and after considering the application of J. F. Browne for permission to maintain a riding school at the Kelsey Ranch, so called, on Concord Me Avenue, it was voted to grant the petition in the following form: 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 J. F'. Browne, a copy of which is hereto annexed, held a public hearing thereon of smith 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 seventh day of September, 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 permission to maintain a so-called Riding School on property known as Kelseys Ranch on corner of Concord Avenue and Spring Street. Evidence was offered on behalf of citizens opposing the granting of said petition tending to show that they would not oppose such use if it was not to be a'permanent use. At the close of the hearing the Board in private session September 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 serted by the making of the exception requested. 2. That the excertion 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 a -specially 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. "C7 1 1 65 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 under Section 9 (g) the use of the property by J. F. Browne, known as the Kelsey Ranch as above described, as a so-called Riding School; this permit to continue so long as said Browne is in possession of the property, but not beyond October 1, 1936, it being understood that parking is not to be permitted on the highways, ample provision for same to be provided within the property occupied by said Browne. This permit is granted on the further condition that before erecting a sign on the premises a sketch of any proposed sign shall be submitted for approval by the Board of Appeals before being erected. 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 LEXIidGTON ' (Appointed under G.L. Ch. 40, Sec. 27) A. N. Maddison Charles E. Ferguson C. Edward Glynn Howard W. Robbins George C. Hatch, Jr. 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 21st day of August, 1934, to Frank S. & Genevieve H. Fisher, George B. F. Pearson, Cosmas V. & Elaine Cosmades, Morris W. Lawson, Charles 0. Nichols, Kathryn M. Davis, Mary W. Pippette, Norman E. & Grace A. Stockhaus, Ryders Stock Farm, Inc., Anna C. Andresen, Joseph G. & John H. Hughes, Charles A. Holmes, Charles Hayden, Frank C. & Clara B. Green, Jessie B. Goss, May Going, Augusta M. Delander, Sarah A. Cutler, Florence Baldwin, Carrie L. Pilkington, Housing Co., William P. Compton, heirs of, Jane L. quirin, Elizabeth W. Hubbard, Matilda M. Richards, Axel and Henning Swenson, J. F. Browne and also advertised in the Lexington Minute -Man on August 23rd, 1934, a notice of which the following is a true copy. I Howard W. Robbins, Clerk, Board of Appeals. Me, C.p1 August 20, 1934. Lexington Board of Zoning Appeals Town Uffice Building Lexington, bass. 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 Concord Avenue owned by Martin Swenson of Lexington by permitting the following: Riding School. J. F. Browne Signature Lexington.Road Address Concord, Mass. N O T I C E Lexington, Mass. Aug. 20, 1934. The Board of Appeals will hold a hearing on the matter ' of varying the application of the Zonin-, Law by permitting a riding school on the property owned by Axel and Henning Swenson and located at the corner of Concord Avenue and Spring Street, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on September 7, 1934, at 8 P.M. at the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. ildaddison, Chairman, Board of Appeals. The application of Mary A. Valentine of 1698 Mass. Avenue was then considered, and it was voted unanimously to deny the petition of Ars. Valentine 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 Mary S. Valentine, 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 M Office Building on August 21, 1934 at 8:00 P. M. 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 owns the property, 1698 Massachusetts Avenue, extending through to Vine Brook Road, that she desired to sell a portion of the land zoned for business for a gasoline filling station and if a permit was granted the present buildings on the lot would be. torn down and she would build a house on Vine Brook Road to live in. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that it would be detrimental to the adjoining property occupied by the Colonial Garage, Inc. and depreciate the value of same, and in the opinion of the owner of one piece of property on Vine Brook Road, the usual array of lighting to the filling station would be injurious to her property. At the close of the hearing the Board in private session September 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 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 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 feels that there is no public necessity for further gasoline filling stations in this neighborhood, there already being ample facilities to serve the public in the immediate neighborhood, and the Board hereby denies the said petition of Mary S. Valentine. 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 68 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 APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40, Sec. 27) Arthur ". Maddison C. Edward Glynn Charles E. F?rguson Howard Vu. Robbins George C. Hatch, Jr. I, Howard W, Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Lgws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing, on the 27th day of July 1934, to Charles W. Ryder, Robert L. Ryder, Benjamin F. and Mildred P. Groot, J. Joseph and Anne T. Hurley, Phyllis M. Jenney, Helen F. Lombard, Beatrice F. Morse, Florence L. Nickerson, Blanche T. Nilson, Emma T. Pring, Anne F. Rudd, Matthew & Minnie B. Stevenson, James J. & Lucy D. Walsh, Margaret M. Gallagher, Clemetts H. & Mildred P. Ferguson, James F. O'Halloran, heirs of, Matthew J. Thoemmel, Gdn., Lulu M. Blake, George N. and Florence M. Sargent, Freda R. and Minnie C. Bond, ' Emily H. Morse, Bridget Leary, Emily Franks, Emma J. Clow, Susan A. Spencer, Martha C. Bennett, Gertrude E. Mitchell, Sebastiano Nicei George H. Peterson,flarry M. Aldrich, Anstiss S. Hunt et al, Sarah E. Comley et al, Timothy J. & Bridget Leary, Daniel J. O'Connell, William L. Barnes, Olive C. Myers, The First Baptist Church, Edgar J. Thivierge, Bertha M. Baker, Colonial Garage Inc., Caroline A. Harrington, Waltham National Bank, Edith G. Wilson, Meyer Rubin and Harry G. Seligman, Alice T. McCarthy, Frederick D. Cook, Lexington Savings Bank, 1. & L. Realty Co., Mary S. Valentine-, and also advertised in the Lexington minute -Man on August 2nd, 1934, a notice of which the fallowing is a true copy. Howard W. Robbins, Clerk,.Board of Appeals. 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 C.1 6 (c) of the ' Lexington Zoning By-law with respect to the premises at No. 1698 Mass. Avenue owned by Mary S. Valentine of Lexington ' by permitting the following: Erection of a gasoline and oil filling station. Capacity 10,000 gallons. Mary S. Valentine Signature 1698 Mass. Avenue Address Lexington. N 0 T I C E Lexington, Mass. July 27, 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 Mary S. Valentine of Lexington and located at 1698 Massachusetts Avenue, a gasoline filling station, under the -Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held at the Selectmen's Rood, Town Office Building on August 21st, 1934 at 8:00 P. M. Arthur N. Maddison, Chairman, Board of Appeals. ' The application of Susan A. Spencer was also considered and it was voted to deny the petition 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 Susan A. Spencer, 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 -Mian, a newspaper published in Lexington which hearing was held in the Selectments Room, in the Town Office Building on September 18, 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, no evidence was offered on behalf of the petitioner as the petitioner stated that he was not prepared to go ahead to present any evidence supporting his petition. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that it would be detrimental to the neighborhood and that adjoining property would be damaged by the granting of the permit. No evidence was offered on behalf of citizens opposing said petition although protests were received from five objectors. 70 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: ' 1. That in its judgement 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 with the general purposes and intent of the -regula- tions 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.hdrdship 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 feels that there is no public necessity for further gasoline filling stations in this neighborhood, there already being ample facilities to serve the public in the immediate_. neighborhood, and the Board hereby denies the said petition I of Susan A. Spencer. 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 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' APPEALS OF LEXIEUM N (Appointed under G. L. Ch.40, Sec. 27) Arthur N. Yaddison Charles E. Ferguson C. Edward Glynn George C. Hatch, Jr. Howard W. Robbins. I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify thatI sent by postage certificate ' of mailing, on the 30th day of August, 1934, to Susan A. Spencer, Charles W. Ryder, Robert L. Ryder, Banjamin F'. and lildred P. Groot, J. Joseph and Anne T. Hurley, Phyllis M. 71 Jenney, Helen F. Lombard, Beatrice F. Morse, Florence L. Nickerson, Blanche T. Nilson, Emma T. Pring, Anne F. Rudd, Matthew and Minnie B. Stevenson, James J. & Lucy D. Walsh, Margaret "1. Gallagher, Clements H. and Mildred P. Ferguson , James F. O'Halloran, heirs of, Matthew J. Thoeinmel, Gdn., Lulu M. Blake, George W. and Florence M. Sargent, Freda R. and Minnie C. Bond, Emily H. 1"orse, Bridget Leary, Emily Franks, Emma J. Clow, Martha C. Bennett, Gertrude E. Mitchell, Sebastiano Nicci, George H. Peterson, Harry M. Aldrich, Anstiss S. Aunt, et al, Sarah E. Comley et al, Timothy J. and Bridget Leary, Daniel J. O'Connell, 4uilliam L. Barnes, Olive C. Myers, The First Baptist Church, Edgar J. Thivierge, Bertha M. Baker, Colonial Garage Inc., Caroline A. Harrington, Waltham National Bank, Edith G. Wilson, Meyer Rubin and Harry G. Seligman, Alice T. McCarthy, Frederick D. Cook, Lexington Savings Bank, M & L Realty Co., J. Chester Hutchinson et al, Felix Viano, Mary S. Valentine, and also advertised in the Lexington Minute -Man on August 30, 1934, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. August 25, 1934.. Lexington Board of coning 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 No. 16 Waltham Street owned by Susan A. Spencer of Lexington by permitting the following: Gasoline filling station, with a three thousand gallon capacity. Susan A. Spencer, Signature 16 Waltham Street Address. N 0 T I C E Lexington, Mass. August 30th, 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 Susan A. Spencer of Lexington and located at 16 Waltham Street, a gasoline filling station, ' under the Lexington 'Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. 72 The hearing will be held at the Selectmen's Room, Town Office Building on September 18th, 1934, at 8:00 P. 9. ' Arthur N. Maddison, Chairman, Board of Appeals. The meeting adjourned at 10:40 P. M. A true record, Attest: 1 1