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HomeMy WebLinkAbout1936-05-22176 ►b BOARD OF APPEALS MEETING ' May 22, 1936. A meeting of the Board of Appeals was held in the Selectments Room, Town Office Building, at 8:00 P. M. Chairman Maddison, Messrs, Glynn, Ferguson, Robbins, and Associate Member Clyde L. Steeves were present. The Secretary was also present. At 8;00 P. M. hearing was declared open on the appli- cation of Howard Munroe for permission to maintain a pony riding school for children and the temporary use of a frame tent on the premises located on ;7oburn Street near Lowell Street. The notice of the hearing was read by the Clerk. Mr. Munroe, the owre r of the property, stated that he leased the property to Raymond J. Barber of Waltham, and that he would like to see the permit granted. He has never heard any complaints on account of the ponies, but on the other hand, has heard many favorable comments. ' The Chairman asked what he meant by a "riding School." Mr. Barber stated that he was running a pony track for children only. He closes every night by 8:30 P. M. when the ponies are put up for the night. He said the ponies caused no noise, odor or disturbance, and he did not see why the school could not be run properly. He teaches local children during the week, but on Sundays he has a lot of children from out of town. Mr. Barber stated that he did hear people complaining of parking in the street, and recently he put up a sign "Please Park in the Parking Space", and everybody seemsto be co-operating. Hid idea was to put up two larger signs "Please Park in the Parking Space and Avoid Paying Fine." He said that his track was in the rear of the gasolene station about one hundred yards from the corner of Lowell Street, with the entrance on Woburn Street'. The Chairman asked Mr. Barber how long he had'been con- ducting the riding school, and he replied that this was his third year. When he first came to town he asked the Police if he needed a permit, and he was told that he did not, as he was operating on private property. He said that he had never had an accident. Mr. Glynn asked him what the tent was for, and he said , that it was for stabling the ponies. It is 301 by 201, and is not a permanent structure. 177 ' The Chairman asked him if he had a pertlit to erect the tent, and he said that he did not. The people from whom he purchased the tent told him that he did not have to have a permit for a tent with a frame, and he started putting it up. Mr. Longbpttom came along and told him that he would have to have a permit. The sides and top are canvas. Mr. Barber informed the Board that the ma=re was taken away every morning. He said that he did all of his buying in Town, and kept his ponies at 89 Bedford Street this winter. Mr. Albert E. 61son of 286 'Noburn Street said that he was one oftee nearest abutters, and wished to oppose the petition. He said that on Sunday afternoons there is so much traffic that he cannot get in or out of his driveway. He has lived there for fifteen years, but for the last few years he has not dared leave anything around for fear it would be taken. He stated. that he did not blame his trouble on the ponies as much as on the swings and other things. Mr. Glynn asked Mr. Olsen if there was much noise, and hesaid that there was plenty of it at night until eleven, twelve, and one o'clock in the morning. One Sunday it was two o'clock before the noise abated. The noise comes from people using the swings, who holler and scream. He ' said that the swings had nothing to do with the ponies. Mr. Barber stated that he stayed on the premises twenty- four hours a day, and gets up during the night, and quite often he has seen officers putting every car out of the parking space. ' Miss Helen Small of 286 'Noburn Street stated that she wished to complain of the horse flies. She thought that the parking problem was one that the Police should take care of. Mrs. Olsen asked Mr. Barber if he intended to put up flood lights, and he said that he did not. He uses only a lantern. Mrs. Olsen said that she thought that Mr. Barber kept his place clean, and she did not object to him, but she did:` object to the parking. She said that there were three nights this week when the noise was not stopped at one o�clock. She had not noticed any odor. Mr. D. J. O'Connell stated that he drove on the 'Noburn Road all the time, and he thought that the parking condition was very bad, and that at least two traffic officers were needed. He both sides of said that all traffic was tied up tight on the street. The last time he was down there he could just get through. He thought that the Board of Health 178 should investigate to see if the ponies were breeding flies. He suggested that the 7oard defer judgment until after t^e members had had a chance to go down there on a Sunday to see the conditions. Mr. Glynn asked who owned the swings, and Mr. Munroe said that Country Side, Inc. owned them, and that the land was leased from him. Mr. Munroe has an interest in the corporation. Mr. Glynn asked Mr. O'Connell if he thought that the traffic congestion was caused by the ponies. He replied that it was due to tre ponies entirely. The hearing was declared closed at 8:23 P. M., and the petitioner was advised that the matter would be taken under advisement. Mr. Ferguson suggested that the Health Inspector make an investigation of the property and report to the Board. He said that he thought that the flies bred in Fogg's piggery more than from the ponies. It was decided to view the premises during the next two Sundays and then make a decision on the petition. Mr. Cacciola appeared before the Board with reference to his petition for a permit to maintain a roadside stand at #708 Marrett Road, and said that he had changed his mind, and now wished to erect a stand with the back closed and' three sides open. The stand would be on cement posts. It will have a floor and sloped shelves to hold the 'vegetables. the Chairman m ked him what his idea was in having the back closed, and he replied that it was to keep the sun out. Mr. Glynn remarked that he had a small bench up now, and asked him where he intended to put the stand. Cacciola replied that he would put it in the rear of where the bench now stands, and that he would have to cut into a bank to do so. Cacciola presented a rough sketch of the stand. His house is about forty feet from the street, and the stand will be side of -the house. Cars can park on either -side of the house. The Chairman remarked that a •stand such'as Cacciola proposed erecting would not be an ornament to the neighbors or the passers-by. Mr. Ferguson asked if the customers would have to drive ' in the rear of his house, and he said that they would not. Mr. Cacciola was advised that the petition would be given further consideration, and he retired. 179 Upon Mr. Gl n's motion which was seconded by Mr. Fer- guson, it was voted to grant the permit in the following form; BOARD OF APPEALS PERMIT. The Board of Appeals, acting under General Laws, Chapter 40, See. 27, having received a written petition addressed to it by Guiseppa Cacciola, 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 hear- ing was held in the Selectmen's Room, in the Town Office Building on the 8th day of May , 1936. 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 she desired to have a roadside stand on her land situated at #708 Marrett Road to sell produce raised on her property in Lexington. No persons appeared in opposition. At the close of the hearing the Board in private session on May 22nd, 1936, 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 p-.,.rpose of such hexington Toning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the arplication of the said Lexington Zoning By-law is hereby varied to far as may be necessary to permit Guiseppa Cacciola to erect a roadside stand about thirty feet from her lot line on Marrett Road not more than twenty feet long by twelve feet wide, the stand to be con- structed in a good and workmanlike manner, first obtaining a permit from the Building Inspector of Lexington, and to be kept in good condition; and to sell thereon only produce raised on her land in Lexington, it being understood that no parking owl ci! of cars by customers is to be permitted in Marrett Road, but ' satisfactory arrangements for parking shall be maintained on Mrs. Cacciola's property. This permit to run for one year beginning May 22nd, 1936. 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 hereinbe- fore set forth and the testimony presented at the said hear'ng, including that herein summarised, 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 C. Edward Glynn Clyde E. Steeyes Charles E. Ferguson , Howard W. Robbins I, Howard W. Robbins, Clerk of the Board of Appeals of LexinEton, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 28th day of April, 1936, to Robert L. Innis & Dougal McLenndq..Woburn Co-op. Bank, Adam Grigor, Catherine F. Herbert, Thomas J. Rinaldo, Toros H. Bashian, George W. & Helen Sarano, Frank Buss and Antonio Venuti, and Guiseppa Cacciola, and also advertised in the Lexington Minute -Man on April 23rd, 1936, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board oT Appeals. April 22, 1936. 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 9 f of the Lexington Zoning By-law with respect to the premises at 708 Marrett Road, owned by Guiseppa Cacciola, of blarrett Road, Lexington, by permitting the following: For yearly terms a roadside stand for the sale of only the products of the land of the owner that is within the town of Lexington. Guiseppa Cacciola ( Signature) 708 Marrett Road (Address) N O T I C E Lexington, Mass. April 22, 1936. 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 Guiseppa Cacciola, and located at 703 Marrett Road, a roadside stand to sell produce grown on the property, under the Lexington Toning Law or in accord- ance with Chapter 401, Section 27A of the General Laws, and amendments. ' The hearing will be held on May 8th, 1936, at 7:30 P. M. in the Selectments Room, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting held on 1,Aay 8th were approved. The meeting adjourned at 9:10 P. M. A.true record, Attest; C 1 181