HomeMy WebLinkAbout1937-01-06252
BOARD OF APPEALS MEETING
January 6, 1937.
A meeting of the Board of Appeals was held in the Select-
men's Room, Town Office Building, Lexington,,at 7:30 P. M.
Chairman Maddison and Messrs. Ferguson, Robbins and Glynn
were present. The Secretary was also present.
The meeting was called to discuss the petition of Calvin
W. Childs for permission to erect a gasoline filling station
at the junction of Watertown Street and the Concord Turnpike.
The Chairman read a statement which he had received from
Mr. John H. Devine, Attorney, stating that he was authorized
to say that Mr. Childs was willing to forego the use of the
land other than that upon which the filling station wax to be
located for any use other than those allowed under R.1 Dis-
tricts, upon the provision that he would be allowed to main-
tain an automobile show room so long as any portion of the
land is used for filling station.
The Chairman stated that he had showed the letter to Mr.
Lyons, who said that he would be willing to approve the
granting of the permit upon those conditions if the rest of
the Board.was so disposed.
The Board felt that if the agreement was accepted and
the permit granted, it should be granted subject to certain
restrictions, such as the set -back of pumps, length of time
the permit was to run, etc.
It was the sense of the meeting that if Mr. Childs would
sign an agreement to be drawn up by the. Town Counsel which
was substantially as stated in Mr, Devine's letter, and would
agree to such restrictions as the Board wished to impose, the
permit should be granted.
The Chairman stated that he would request the Town Counsel
to draw up such agreement and send it to Mr. Childs.
The meeting adjourned at 8:30 o'clock P. M.
A true record, Attest:
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 26th day of November, 1936, to Francis and
Mary Matulaitis, Edward I. and Meyer Berman, Antonio and
Mary ohella, Aristides A. Stathopoulos, Samuel Smorack,
Esther Berman, Annie Bornstein, David H. Govenar, Tr.,
Nellie H. piano, Walter H. Lennon, Arlington Five Cents
Savings Bank, Pasquale and Hermina Luongo, Catherine C. Vvhalen,
Medora R. Crosby, Ragna H. Goodmansen, Hugh Wyllie, Catherine
Irwin". Anna Hellman, John J•. and Catherine Coleman, Arthur
W. Johnson, Catherine J. and Margaret R. Mc'saac, Karl and
Mary Schmid, John J. and Eileen McCarron, Thomas and Honora
Sullivan, Watertown Co-op. Bank, Blackstone Savings Bank,
Helen Bloustein; Mary A. and Pasquale Tarrazzana, Joseph
Lassof, et als, tinna Oaron, Gertrude Govenar, Leo A. & Eva
Boynton, Emil Zacharias and Vartha C., William J. Roberts
and Julia M., Joseph bE,lanoff, et al, xnna Goloboy, Helen 11.
and Thomas E. Ahern, Ida F. Landon, Mary A. Shea, Mary and
Anna Canty, Minnie S May, Lexington Co-op. Bank, Norman C.
and Howard B. I'Aeming, Victor -'. & Ida P. Erickson; Cora E.
Davies, Bernard C. and Melita M. Nickerson, William T. and
Florence E. McCarthy, Esther R. M.,Hedburg, Ivar Johnson,
Mary Blight, Allan J. MacGillivray, Jennie C. Parker, Frank
J. and Mary E. Thompson, Mary E. Boyce, Margaret G. Healey,
James W. and Alice P. Lowry, Fannie L. Mallett, Mary 0.
Sousa, Francis P. Stymest, and Harry E. Johnson, and also
advertised in the Lexington Minute -Man on November 25th,
1936, a notice of which the following is a true copy.
Howard W. Robbins
Clerk, Board of Appeals
November 24, 1936.
Lexington Board of Zoning Appeals
Town office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petitions the Lexington Board
of Appeals, appointed under General Laws, Chapter 40 Section
27, to vary the application of section 9 (B) of the Lexington
Zoning By-law with respect to the premises at lot #37, Cary
Street, owned by Harry E. Johnson of Arlington, Mass. by per-
mitting the following: The use of the lot for the construc-
tion and maintenance of a house.
Harry E. Johnson Signature
50 Brighton St.
' Belmont, Mass.
250
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N O T I C E
November 23, 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 Harry E. Johnson, and located at
Lot #37, Cary Street, the use of the lot for the construction
and maintenance of a house, 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 Room, Town
Office Building, on December 16, 1936 at 6:00 o'clock B. M.
Arthur N. Maddison,
Chairman, Board of Appeals.
Mr. Kimball retired, and Mr. John A. Lyons, Associate
Member, replaced him on the Board to discuss the petitions
of D. J. O'Connell -and Calvin W. Childs.
The Chairman stated that the Town Counsel drew up an
agreement relative to Mr., O'Connell's property to the effect
that it would be used only for the maintenance of a gasoline
filling station, and other uses.permitted in an R.l district.
The agreement was read by the Chairman. He said that he sent '
a copy of the agreement to Mr. O'Connell's office in Boston
on Dec. 15th, and told him that the Board of Appeals was
going to meet on the 18th, but he had heard nothing from Mr.
O'Connell. He suggested that, under these conditions, the
petition be held over until he had had a reply from O'Connell,
I4r. Glynn moved that the O'Connell petition be laid on
the table. Mr. Lyons seconded the motion, and it was so
voted.
The Chairman read a letter which he had received from
C. 11. Childs which stated that he was very much puzzled by
the attitude of the Board in refusing to issue a permit for
the maintenance of a gasoline filling station at the junction '
of Watertown Street and the Concord Turnpike. He requested
that a meeting be held in the near future so that a permit
might be issued. The Chairman read a letter which he had
written to Mr. Childs stating that the matter would be dis-
cussed at tonight's meeting.
The Chairman informed the Board that Mr. John Devine,
Attorney, had called on him and discussed the matter.
Mr. Glynn stated that he was opposed to allowing both
general business and a gasoline filling station on this lot.
The Chairman remarked that the Town had already changed
the lot to a business zone.
Mr. Glynn said that although it had, the Town had since '
voted to have T.1 Districts, and the one person whose petition
for a change in the zone went through atthe same meeting had
already agreed to have his land changed to the T.1 zone.
(Peterson)
The Chairman said that in the O'Connell case, the Town
Counsel thought that the Board was exceeding its rights in
asking that the rest of the lot not be used for business, and
so of course this opinion would also apply to the Childs'
petition.
Mr. Glynn said that his normal reaction to allowing a
gasoline station at this particular place would be contrary.
Mr. Lynns moved that the petition be laid on the table.
.N'r. Glynn seconded the motion, and it was so voted, unanimously.
The records of the November 27th meeting were approved
The meeting adjourned at 9:25 P. M.
A true record, Attest:
Clerk.
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251
252
BOARD OF APPEALS MEETING
January 6, 1937.
A meeting of the Board of Appeals was held in the Select-
men's Room, Town Office Building, Lexington,,at 7:30 P. M.
Chairman Maddison and Yessrs. Ferguson, Robbins and Glynn
were present. The Secretary was also present.
The meeting was called to discuss the petition of Calvin
W. Childs for permission to erect a gasoline filling station
at the junction of Watertown Street and the Concord Turnpike.
The Chairman read a statement which he had received from
Mr. John H. Devine, Attorney, stating that he was authorized
to say that Mr. Childs was willing to forego the use of the
land other than that upon which the filling station wawa to be
located for any use other than those allowed under R.1 Dis-
tricts, upon the provision that he would be allowed to main-
tain an automobile show room so long as any portion of the
land is used for filling station.
The Chairman stated that he had showed the letter to Mr.'
Lyons, who said that he would be willing to approve the
granting of the permit upon those conditions if the rest of
the Board was so disposed. ,
`The Board felt that if the agreement was accepted and
the permit granted, it should be granted subject to certain
restrictions, such as the set -back of pumps, length of time
the permit was to run, etc.
It was the sense of the meeting that if Mr. Childs would
sign an agreement to be drawn up by the Town Counsel which
was substantially as stated in Mr. Devine's letter, and would
agree to such restrictions as the Board wished to impose, the
permit should be granted.
The Chairman stated that he would request the Town Counsel
to draw up,such agreement and send it to Mr. Childs.
The meeting adjourned at 8:30 o'clock P. V.
A true record, Attest:
ClerkG�Jr�"�"-`
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