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HomeMy WebLinkAbout1935-10-18Me BOARD OF APPEALS MEETING OCTOBER 18, 1935. A meeting of the board of APPeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Messbs, Maddison, Glynn, Ferguson, Kimball and associate Member Lyons were present. The Secretary was also present. The hearingwas declared open at 8:00 P. M. upon the application of shley W. Partridge for permission to maintain a gage for storage and repairs and a salesroom for motor vehicles at the corner of Marrett Road and Waltham Street, Lea- iagton. In the absence of Mr. Robbins, Mr. Glynn. was elected Clerk Pro -tem. Notice of the hearing was read by the Clerk Pro -tem. Mr. Ashley W. Partridge appeared in favor of the petition and stated that the propeity was in his name and was not located at the corner of Marrett oad and Waltham Jtreet but was located at 404 Waltham Street, Mr. Partridge stated that the garage was 30' by 50' and that there were two stores in the building which are to be used as a show room. The Chairman asked Mr. Partridge if he intended to sell ' gasolene at the location and Partridge stated that he did not as he understood that would require a different kind of a hear- ing, but he would like to have such a permit. Mr. Ferguson asked how far back from Waltham Street the garage stood and Mr. Partridge informed him that it stood twenty feet back from the street. Mr. Ferguson asked how much property Partridge owned on Waltham Street beyond the garage and stores and Partridge replied that he owned about two feet. Mr. Glynn inquired if the property was entirely within the business area and Mr. Partridge answered in the affirmative. He stated further that the factory was not to be used in connection with the garage at all and that there was a fireproof wall between the two structures. Mr. Glynn inquired how Partridge entered the factory build- ing and ParRtridge replied that the entrance to the factory was on Marrett oad. Mr. Glynn inquired if Partridge was going to continue to own the building after he received a permit, and Partridge replied that he was. Mr. Partridge presented a rough sketch of the building which the Board looked at. Mr. Kimball asked if there was any land back of the garage where the proprietor might store junked cars, and Mr. Patridge ' stated that there was not, that he owned the house on Marrett Road next to the property in question and he would not like to see an exhibition of old cars so near his house. 159 No persons appeared In opposition. ' Mr. Partridge retired and the board discussed the matter in private session. Mr. Flynn moved that the permit be granted subject to whatever conditions the Board might wish to impose. Upon motion duly made and seconded, it was unanimously voted that the permit be granted in the following form: Board of Appeals Permit. The board of Appeals acting under Ueneral Laws, Chapter 44, ec. 27, having received a written petition addressed to it by Ashley W. Partridge, 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 boom, in the Town Office wilding, on the 18th day of October, 1935. One associate member and four 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 A84.107 W. Partridge is the onwer of the building now located at 404 Waltham Street and he desired permission to have the same used as a garage for storage and repairs of automobiles and salesroom for motor vehicles. No evidence was offered opposing the granting of the petition. At the close of the hearing the Board in private session on October 18th, 1935; 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 Lex- ington Zoning By -Law. 4. That owing to conditions expecially 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 160 I, C. Edward Glynn, Clark Pro -tem of the board of Appeals of Lexington, appointed under 4eneral Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the first-day of October, 1935, to Ethel A. Wright, Jennie M. Partridge, Thos. & Matilda Davison, Lexington Co-op. Bank, William i'. & Jennie A. Downe, Elizdmth T. Keefe, William O'Connor, Evelyn B. Soar, Howard I. & Nellie M. Saunders, llavid & Sarah Gaddis, Josephine Nunan, Mary J. & Anna E. Marshall, Standard Oil Co. of N. Y., Inc., Medford Trust Co., Grace L. Hinckley, ' Frederick H. Capper, Edgar W. & Marion Be Houghton, Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, North Cambridge Co-op. Bank, Lawrence A. & Eleanor T. Husted, Irene ''. Murphy, V1 relief may be granted without substantially, derogating from the Intent or purpose of such Lexington Zoning by -Law. Pursuant to said findings, the Board hereby unanimously ' decides that the application of the said Lexington Zoning By - Law is hereby varied so far as may be necessary to permit the use of said building at 404 Waltham Street so long as it may be owned by Ashley We Partridge or his wife Jennie M. Partridge, as a garage for storage and repairs of automobiles and sales- room for motor vehicles on the following conditions: 11 jhat no gasoline or oil shall be exposed or advertised for sale. 2. That no motor vehicles or parts or equipment or accessories thereto shall be exposed for sale or for other purposes outside of the building. 3. `that no motor vehicles or theetitioner or his lessee shall be left standing on Waltham btreet. 4. That no out of door signs other than those attached to the building shall be permitted. lhe ,6oard hereby makes a detailed record of all its pro- ceedings 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) Arthur N. Maddison Charles be Ferguson Edward W. Kimball C. Edward Glynn Jjn A. Lyons I, C. Edward Glynn, Clark Pro -tem of the board of Appeals of Lexington, appointed under 4eneral Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the first-day of October, 1935, to Ethel A. Wright, Jennie M. Partridge, Thos. & Matilda Davison, Lexington Co-op. Bank, William i'. & Jennie A. Downe, Elizdmth T. Keefe, William O'Connor, Evelyn B. Soar, Howard I. & Nellie M. Saunders, llavid & Sarah Gaddis, Josephine Nunan, Mary J. & Anna E. Marshall, Standard Oil Co. of N. Y., Inc., Medford Trust Co., Grace L. Hinckley, ' Frederick H. Capper, Edgar W. & Marion Be Houghton, Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, North Cambridge Co-op. Bank, Lawrence A. & Eleanor T. Husted, Irene ''. Murphy, 161 Charles J. & Margaret r, Martin, Patrick Malloy$ Aubrey & Sadie W. Caldwell, Clarence Be & Catherine M. McElman, Marguerite E. Comman, Jeanette Be Fountain, Thomas & Katherine H. Walsh, Warren S. Grant, John H. & Phyllis C. Shaw, Ralph E. & Florence V. Cox', Robert Gozzi, Anna M. Gott, Elizabeth C. Phelps, Gaetano & Berta Vrancescelli, Comile J. & Anna Tremblay, Wallace P. Lyon, Charles 0. & NancyE. Lytle, Mary Marshall, Henry Saarm, George A. Givan, Hallie . & Lulu M. Blake, George W. & Helen M. Ewing, Jennett L. Bennett, Edward Crouch, Edward F. Hogers, Minnie M. ggyder, Louise J. Carter, Herbert D. McDonald Gorge G. Whiting,r ritz Wihtol, Thomas `, Whiting, William H, Lmilh, Alice L. Tebbetts, Bernard Je meq, et al, lrs. Middlesex Station Trust, Mary & Margaret S. Mackenzie, Ashley *. Partridge, and also ad- vertised in the Lexington Minute -Man on October 3rd, 1935, a notice of which the following is a true copy. C. Edward Gl n. Clerk Pro -tem, Doard of Appeals. Sept. 23, 1935, Lexington Board of Zoning 61ppeals Town Office building Lexington, Mass. ' Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, ection 27, to vary the application of section 9C of the Lexington Zoning B)r-law with respect to the premises at Corner Waltham Street and Marrett Road owned by Jennie M. Partridge of Lexington, by per- mitting the following; Garage for storage and repair, salesrooms for motor vehicles. Ashley W. Partridge, (signature) 274 Marrett Road (Address) BOARD OF APPEALS NOTICE. Lexington, Mass. Sept. 30, 1935. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by perm2tting on the pre- mises at the corner of Waltham Street and Marrett Road, and owned by Jennie M. Partridge of Lexington, a garage for storage and repairs and salesrooms for motor vehicles, under the Lexington Zoning Law or in accordance with Chapter 40, Sec. 27A of the General Laws and ' amendments. The hearin§ will be held on October 18th, 1935, at 8:00 P. M. at the Selectmen's oom, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. 162 The records of the meeting held on October 4th were read and approved. The meeting adjourned at 9:00 P. M. A true record, Attest: Clerk 0 M 1 I n u