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HomeMy WebLinkAbout1937-06-1125 BOARL OF' APPEALS+'STING 'JUNE 11th, 1937 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building at 8:00 P.M. Chairman Maddison, Messrs. Kimball, Robbins and Ferguson were present. The Secretary was also present. At 8:00 P.M. hearing was declared open upon the application of Mr. Frank A. Napoli for permission to maintain a roadside stand on his property located at Marrett Road and Middle Street. The notice of the hearing was read by the Clerk. Mr. Napoli appeared in favor of the granting of the petition. He said that he did not want anything new but wished to renew his permit to maintain the stand that he has been operating for some years past. The Chairman asked if he ever had trouble with parking and he replied in the negative. The Chairman asked if Mr. Napoli had lived up to the requirements of the last permit, and he said that he had. No persons appeared in opposition. Mr. Napoli retired. ' Upon motion of Mr. Kimball, seconded by Mr. Robbins, it was unanimously voted to grant the permit 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 Frank A. Napoli, 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 Office Building on the Ilth day of June, 1937. !our 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 wished a permit for a period of one year expiring May 8, 1938 to conduct`a roadside stand on property of Frank A. & Mary Napoli located on Marrett Road and Middle Street. ' That there had been no changes made in connection with the existing roadside stand and that there had been no parking of automobiles on Marrett Road. 26 No evidence was offered in opposition. At the close of the hearing the Board in private ' session on June 11, 1937, 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 Lexingtbn 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 purpose of such Lexington Zoning Bir -law. ' Pursuant to the 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 Frank A. Napoli to maintain a temporary roadside stand on the Marrett Road front of land of Frank A. & Mary Napoli located on Marrett Road and Middle Street for the purpose of selling only the products grown on their own land in the Town of Lexington, and that said stand be maintained on the location as now existing; they to provide sufficient parking space for automobiles to prevent traffic congestion on Marrett Road; this permit to expire May 8, 1938. 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 shal'_ be mailed forwith to each party in interest. BOARD 01 APPEALS OF LEXINGTON , (Appointed under G. L. Ch. 401t Sec.27) A. N. Maddison C. Edward Glynn Edward W. Kimball Eoward •W. Robbins Charles E. Ferguson 27 ' 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 22nd day of May, 1937, to Charles Welmar, Anna E. and Mary J. Marshall, Albina M. Marble, Catherine F. idagurn, Eliza Lamont, Alexander Holmes, John P. and Martha A. Gorman, Saunderson H. Dunlop, Jane F' DeLesdesnier, Kathleen M. Daley, Katherine E. Crosby, Charles W. and Robert L. Ryder, Trs., Charles 0. and Annie H. Cheney, Robert V1. and Pauline F. Cobham, Margaret M. Merrick, Roy R. Rice, Anna A. Smith, Samuel S. and Melena M. Barker, Bertha S. Carson, Marie L. Baker, Edwin A. and fable B. Wescott, Althea L. Smith, Jeremiah J. Riordan, Lexington Savings Bank, Neil McIntosh, Lee Randall, Maude M. Kelly, Robert L. Innis and Dougal McLennan, Edith C. Smith, Robert K. Storey, -Charles M. Blake, Watertown Co-op. Bank, Joseph R. Lawson, Jr., Robert J. Fawcett, Forrest E. and Ethel D. Litchfield, Thomas J. and Jennie Heaney, George R. Harlow, William E. and Edith W. Sullivan, Joseph R. Martinage, Charles W. and May A. Fittz, John Waugh, Highland Trust Co., Robert P. Trask, Russell S. Bray, Irene F. Webb, George W. and HelenB. Sarano, Edgar F. Scheibe, Marie A. Miller et al, Timothy Brosnan, Andrew 0. and Abbie L. Bickford, Arthur r. Colby, Raymond C. Deal, William P. Fyler, Carl ' V. Olson, Dolores McInnis, John J. Scannell, Harriet F. Crozier, et als, Margaret R. Crocker, Raymond L. and Anna S. White, Johann C. L. and Christine A. G-amstorff, Patrick & Helen K. MacKino, Raymond E. Maclnnis, Pasquale Panetta, Mary B. Thurlow, Harriet L. Jenks, Edwin H. and Mary E. Halvorsen, Thomas Kelley, Marian F`. Thwing, William A. 'Melbe, William H. and Jeannette _d. Sherman, Handel V. and Florence N. Rivinius, Home Owners Loan Corp., Zelma M. Robbins, Charles J. and Elizabeth M. Rand and also advertised in the Lexington Minute -Man on May 20, 1937, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. May 13, 1937. 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(e) 28 of the Lexington Zoning By-law with respect to the premises at No. 23 Middle Street owned by Frank A. and ' Mary Napoli of same address by permitting the following: For niainta nift&-d roadsidd stand to sell farm produce raised on the .land. Frank A. Napoli (01 nature) 23 Middle St., Lex. Address) N 0 T I C B Lexington, Mass. May 19th, 1537. 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 Frank A. and Mary Napoli, and located at Marrett Road about two hundred feet northwesterly from the corner of Middle Street, Lexington, a roadside stand to sell produce grown on the property, under the Lexington Zoning Law or in accordande with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on June 11th, 1937, at 8:00 P.M., in the Selectmen's Room, Town Office Building, I Lexington. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting held on May 28th, 1937, were approved. At 8:15 P.M. hearing was declared open upon the application of Mr. Howard Muhroe for permission to maintain a pony riding school on his land at the junction of Woburn and Lowell Streets. The notice of the heating was "read by the Clerk. Mtn. Munroe stated that he hoped that the request would be granted; that the ponies were well taken care of and that the patrons were also we'_l taken care of. He also said that a good class of people visited the place. Mr. Raymond J. Barber, the proprietor of the riding school, said that the Board of Health Inspedtor had called at the premises and had given him a clean bill of health. He said that he still has a tent and also a small portable building 6 x 8 feet that he stays in. He is on the premises twenty-four hours a day. The Chairman asked Barber if he obt:-iined a permit ' to build the structure and he said that he understood 0 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 Howard Munroe, 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 deemdd by the Board to be affected thereby as they appear on the most recdnt local tax list and also advertised in the Lexington Minute -Man, a newspaper pub- lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 11th day of June, 1937. that a permit was not necessary for a building 6 x 8 feet. of the Board of However, he did not build it but purchased it and placed ' it on the premises. A certificate of hearing evidence No one else wished to be heard in favor of the grant- ing of the petition. tending to show: Mr. and Mrs. Albert E. Olsen of 280 Woburn Street were present at the hearing. Mr. Olsen said that he noticed the parking in the street was verjr bad on Saturday afternoons and Sundays. He said that Mr. Barber had placed "No parking* signs but the people did not pay any attention to them. Mr. Barber said that he had offered to put a Police Officer on the premises oaturday afternoons and Sundays, but the Chief of Police said that it was not necessary, that the officers go down there a great deal on those days and that he thought they could take care of the place. Mr. Barber said that Mr. Munroe had pulled down a stone will so as to eliminate parking in the street. Mr. Olsen said that the parking was very bad and that cars parked on the sidewalk near his home. The Chairman asked Mr. Olsen if he wished to say anything in opposition and he said that he did not, but merely wanted to know what was going on. The Chairman remarked that last year the Olsens complained of flies and he wanted to know if that nuisance had beery taken care of. Mrs. Olsen said that Barber kept ' the place clean and she had not noticed any odor or flies. Mr. Olsen said that there was plenty of noise at night and the Chairman said that that could not be blamed on the poines as the pony track was closed down by 8:30 P.M. No persons appeared in opposition and the group retired. Upon motion of Mr. Ferguson, seconded by Mr. Kimball, 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, Sec. 27, having received a written petition addressed to it by Howard Munroe, 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 deemdd by the Board to be affected thereby as they appear on the most recdnt local tax list and also advertised in the Lexington Minute -Man, a newspaper pub- lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 11th day of June, 1937. Four members of the Board of Appeals were present ' at the hearing. annexed. At this A certificate of hearing evidence notice is hereto was offered on behalf of the petitioner tending to show: That the petitioner 30 is the owner of land located on the southerly side of Woburn Street about one hundred and fifty feet (1501) from the junction of Woburn Street and Lowell Street, ' and that he desired to lease said premises to Raymond J. Barber for the purpose of mai'ntaidirt a porky riding school for children. dr. Barber stated that he would close the business by 8:30 o'clock P.id. each evening, and it was his intention to maintain the property in a good sanitary condition and in such manner as would not be objectionable to the neighbors. No persons appeared in opposition. At the close of the hearing the Board in private session on June 11, 1937, 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 locust 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. Pursuant to the 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 above premises to be occupied for a pony riding school for children for a period of one year from the date hereof, subject to the following conditions: That the business as carried on will not be objectionable to owners of property in the neighborhood, maintaining the premises in a good sanitary condition at all times; that ample parking space will be provided inside the street line to obviate parking in the street; that no business shall be done after 9:00 o'clock P.1.; that no so-called flood lights shall be used on the premises; that no signs shall be exhibited on the pro-_erty unless the consent of the Building ' Inspector of Lexington is obtained; that no building or enclosure shall be constructed without the consent of the building Inspector of Lexington. 31 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 testimorq presented at the said hearing, including that herein summarized, and directs that this record imediate'_y following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public insrection 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. h. Aiaddison Charles E. Ferguson Howard W. Robbins Edward W. nimball C. Edward Glynn 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 22nd day of May, 1937, ' to Matilda M. Wheeler, Sarah C. VanDeusen, Albert E. and Marion C. Olsen, H. Irving and Helen G. Currier, Charles H. and Jennie Currier, Chester A. Fogg, Peter and Martin Semonian, Elmina & Howard M. Munroe, Leonard K. Dunham, Alexander and Robert Porter, Catherine Dunham, Robert A. and Elizabeth Porter, Harvey C. Wheeler and Edward J. Casey, and also advertised in the Lexington Minute -Man on May 20, 1937, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. May 11, 1937. 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 9D of the Lexington Zoning By-law with respect to the premises on Woburn Street near the corner of Woburn and Lowell Streets, 32 owned by Howard M. Munroe of 344 Lowell Street, Lexington, by permitting the following: A children riding school and pony track. Howard M. Munroe (Signature) 344 Lowell Street (Adnress) Lexington. N 0 T I C; E Lexington, Mass. May 19th, 1937. The Board of Appals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the pr_:mises owned by Howard M. Munroe and located at Woburn Street, Lexington, the maihtenance of a childrens riding school and pony track, under the Lexington Zoning Law or in accordance with Chapter 40 Section 27A of the General Laws, and amendments. The hearing will be held on June 11th, 1937, at 8:15 P.M., in the Selectmen's Room, Town Office Building,, Lexington. Arthur N. Maddison Chairman, Board of Appeals The Chairman informed the Board that Mr. Glynn wished to be recorded in favor of the granting of both petitions. The meeting adjourned at 8:35 P.M. A true record, Attest: Clerk. 1 1