Loading...
HomeMy WebLinkAbout1937-01-22`�58 BOARD OF APPEALS I!"hE`i'II�G January 22, 1937. A meeting of the Board of Appeals was held in the Sel- ectmen's Rood, Town Office Building, at 7:30 P. 1J. o'clock. Chairman IJ,addison and PRessrs. Robbins and Glynn were present. The Secretary was also present. The records of the meeting; held on January 8th were approved. The matter of the petition of Calvin W. Childs for the erection of a filling station for storage and sale of petroleum products on the land at the junction of Watertown Street and the Concord Turnpike adjoining land now or for- merly of Pilary D. Hatch was discussed, and an agreement with the `Down of Lexington, Peary D. Hatch, and George ii. Horton, dated January 20, 1937 and executed by Mr. Childs was pres- ented, in which he agreed that so longi; as any automobile fillinc; station is maintained on any part of his said land, the part which is not used for a gasoline, oil, and greasing station and other automobile accessories, and for an auto- mobile show room in conjunction with such filling station, shall be used only for purposes for which from time to time land in an R. 1 District under the Zoning By -Law of Lex- ington may be used. Upon motion of 1}'r. Glynn, seconded by t?r. `obbins, it was unanimously voted to grant the petition in the follow- ing form, Mr. Lyons and Mr. Ferguson requesting to be re- corded in favor: ti The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Calvin W. Childs, 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 re- cent 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 20th day of October, 1936. One Associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is here- to annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he desired to erect and station for storage and sale presented a plan and picture including the building. maintain a gasoline filling of petroleum products, and he showing the proposed lay -out, Objection was offered to the granting of the petition by two owners of property in the neighborhood who felt that it 1 1 259 would depreciate the value of their property. At the close of the hearing, and at subsequent meetings, the Board in private session gave consideration to the subject of the petition, and on January 22nd, 1937 voted unanumously 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 harmor;y 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 desireable relief may be granted without substantially deroga- ting 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: Calvin W. Childs to construct and maintain a filling station for the storage and sale at retail of petroleum pro- ducts, a lubricating station and accessory uses, the lot td be laid out substantially in accordance with a plan of Willard B➢ Brown, Architect, dated September 29, 1936; the building to set back about 150 feet from the junction of Watertown Street and the Concord Turnpike, and to be located substantially in the middle of the lot; and to be substantially as shown on a crayon sketch presented to the Board at the time of the hearing, which plan and sketch are filed with the records of the Board of Appeals. TtLe gasoline pumps are to be located in the tri- angular lot directly in front of the building above referred to. This permit is granted on the further condition that the premises are to be kept in a neat and clean condition, and that no second-hand automobile parts or accessories are to be kept or stored outside the building, that no lighting system is to be used which will be a nuisnce to the neighborhood, and that all signs are to be neat and in keeping with the character of the building to be erected. ' The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets 260 M 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 Howard W. Robbins John A. Lyons - 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 2nd day of October, 1936, to Peter and Elsie Johnson, Amelia Prilgausky, John G. and Kazimena Yudis, Patrick J. Gilligan, Louis Yosgandes, Pauline Tahne, Libba Anson, Lizetta Good, Adam Good, Bernice B. Cronkhite, Mary D. Hatch, Fannie W. Hut- ' chinson, George W. Norton, Willard E. Robinson, Esther P. and Neil Borden, Willard E. Robinson et al, trs. Belmont Springs Tr., Rev. John A. Bowman, Ernest DeVincent, Mrs. Sarah A. Cutler, Ernest H. R. Burroughs, Harry F. Boinay, Lucy H. Maloney, Patrick J. Shanahan, John M. Miskell, Henry C. Packard, Biagio and Augustina Tambascia, Henry S. Moody, ArthuCUF. and Edwin W urlys Hutchinson, Walter M. and Anna M. Pease Curlys`L. Blocum.9 Jr.jSlocum and Calvin W. Childs, and also advertised in the Lexington Minute - Man on October 1st, 1936, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals Sept. 24, 1936. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the LeAington Board of , Appeals, appointed under General Laws, Chapter 40, S ection 27, to vary the application of section 6c of the Lexington Zoning =say -law with respect Watertown Street and of Lexington, Mass., of a filling station products. to the premises at the junction of Concord Turnpike owned by Mary D. Hatch by permitting the following: The erection for the storage and sale of petroleum NOTICE Calvin W. Childs (Si nature) 409 Mass. Ave., Lex. (Address) September 30, 1936. Lexington, Mass, 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 D. Hatch, and located at the junction of Watertown Street and the Concord Turnpike, a gasoline fill- ing station, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be at the Selectmen's Room, Town Office Building, on October 20, 1936, at 8:15 P. M. Arthur N. Maddison, ' Chairman, Board of Appeals. The meeting adjourned at 8:40 P. M. A true record, Attest: -ate/ 11 -.- a~u Clerkl�r�"' n 261