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HomeMy WebLinkAbout1967-06-25m ' BOARD OF APPEALS MEETING June 25, 1937. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office building, Lexington at 8:00 o'clock r. M. Ohairman Maddison and Messrs. Glynn, Kimball, Robbins, and Ferguson were present. The Secretary was also present. At 8:00 o'clock P. M. hearing was declared open upon the application of Clarence N. Dalrymple for permission to maintain a roadside stand on the premises owned by the Ross Realty Corp. and located at No. 2621 Mass. Ave., Lexington. The notice of the hearing was read by the Clerk, Mr. Robbins. Mr. Dalrymple appeared in favor of the granting of the petition. He presented a sketch of the proposed stand and said that he would build it of good Igmber and would paint it. He said that he intended to put the stand back about fifteen feet from Mass. Ave. The Chairman asked if the Beople stopping for purchases would sto- right in front, and alrymple said that they could drive in around the driveway. He said that if it was necessary, he could put the stand back farther. ' Mr. Glynn asked if he could put it back twenty feet from Mass. Avenue, and he replied in the affirmative. The Chairman said that kr. Dalrymple had leased the property for a year. He asked him it he intended to grow everything he sold, and he said that he did. The Chairman read a letter received from Albert A. Ross stating that he was not opposed to the granting of the petition. Mr. Hugh Thompson of 2564 Mass. Avenue said that he was the nearest abutter and that he was in favor of the granting of the permit-. Mr. John Sullivan of 2407 Mass. Ave., whose land abuts Dalrymple's, said that he was in favor of the granting of the permit, also. He said that Dalrymple raised his own produce and he thought that he should be given an opportunity to sell it. The Misses Wilma and Yetta Drown of 2526 I�2ass. Ave. were present at the hearing. Miss Wilma Brown said that when they moved there, she was told that it was a residential section, and that someone at the Town Offices told her that a road- side stand would not be allowed there. She said that she and her sister had put considerable of their earnings into their home, and she believed that no one would want a road- side stand so near to his home. ' The Chairman said that whoever made the statement that a roadside stand could not be allowed, did so without authority. 34 He read section 9F of the Zoning Laws, with respect to roadside stands. Mr. Glynn told Miss Town that permits to maintain roadside stands were granted for yearly terms only. Miss Yetta gown stated that they did not object to roadside stands entirely, but they did object to having one right in front of their house. They do not object to this particular stand so much, as it is not directly in front of their house. If a stand was erected in front of their house, it would deprive them of their privacy because there would be so many cars stopping. Mr. Glynn asked Mr. Dalrymple what he proposed to sell. He replied that he would sell beets, carrots, squash, corn, apples, etc. Mr. Glynn asked if the stand was to be closed in, and he said that it was, so that it could be locked up at night. He said that he planned to have the front open and a roof over it. Mr. Kimball asked the Misses Brown if they would feel as badly if the stand was set back of the drive. Miss Brown repeated that they did not object so much to this stand but were afraid that if this were allowed, another might be allowed right in front of their house. No persons appeared in opposition, and the hearing was declared closed at 8:20 P. M. At 8:20 P. M. hearing was declared open upon the application of Mrs. C. E. Gaffney for permission to main- tain a private school on the premises owned by Maria Amaru and located at 1963 Mass. Ave. The notice of the hearing was read by the Clerk. Mrs. Gaffney appeared in favor of the granting of the petition. She said that she had in mind a day school to accomodate pupils that did not exactly fit into grade and needed special attention. She said that she intended to keep a high class school, more of a tutoring school. The Chairman asked if she had been doing this sort of thing in the past. 1`rs. Gaffney said that she started with private tutoring, but it had grown so that she now needed a private school. The Chairman asked how many pupils she planned to accomodate, and she said that she would like to eventually accomodate twenty, but that it would take time. Mr. Glynn asked what age children she would tutor, and she said that she would take children from the first grade through the ninth. Mr. Kimball asked how many of the rooms 1-Irs. Gaffney would use for her pupils, and she replied that she would use at least three now, and could use one more room if she wanted it. ahe said that she had no idea how many appli- cations would come in, and would not know until the fall. n ri 0 The Chairman asked if all the rooms would be on the first floor, and she replied in the affirmative. Mr. Glynn asked if she intended to reside in the house and she said that she did. Mr. Kimball asked if the house was ever used as a two family house, and she said that it was, and that there was a separate apartment on the third floor. Mr. Kimball asked if there would be an alterations on account of fire prevention, and she said that she knew of no special requirements. the house has three entrances and three stairways. Miss Marjorie Pierce of Forest Street said that she came down to get some information. She asked if anyone else could use the property for a private school after the Gaffney's left, and the Chairman replied in the negative, and that if ;ranted, the permit would be granted to Mrs. Gaffney. Miss Pierce asked if any other business could be carried on there if the permit was granted, and the Chairman replied in the negative. Miss Pierce said that Mrs. Gaffney had had the school there in the past, and if that was all that she intended to have there, that took care of their objections. (She said that she was speaking for some of her neighbors.) Mr. Glynn said that when Mrs. Gaffney ceased to use the oroperty for a private school it would revert back to a res-idential zone. Mrs. Gaffney said that a school of this kind could not be in anything but a residential neighborhood for the safety of the children. She said that the atmosphere of Lexington invited the thought of a nice private school. She said that Mr. Grindle could tell the peo le of what her school had done for the children. Mr. Kimball asked if she planned to use the yard as a playground, and she said that she did, but only for one-half hour each day. The first grade pupils would attend from bine to twelve o'clock; the second through fourth grades would attend from eight -thirty to twelve -thirty o'clock; and from the fourth grade on, they would attend from eight to one o'clock. Mr. Kimball asked if she anticipated any alterations, and she said that she did not. Mr. Kimball asked if the school would require any signs, and she said that it would not. Bliss Pierce asked if Mrs. Gaffney planned to purchase the property, and she replied in the negative. Miss tierce said that Mrs. Hollis Webster wished to go on record as being in favor of the granting of the petition. Mr. A. N. Foster of 1964 Mass. eve. stated that all of these problems were provided for in the Zoning Laws, and they could be violated or changed only for very exceptional con- ditions. E(e did not think that this was such an exceptional condition that it would justify a variation. The hearing was declared closed at 8:40 F. M. 36 The matter of the petition of Joseph Breck & Sons. ' Corp. for the maintenance of a skeet and gun club from October 15th to April 15th of each year at 1277 Mass. Ave. was presented, together with a request from the petitioner that he desired to withdraw the application, and it was voted that the request be granted. The records of the meeting held on June 11th were declared aiproved. Upon motion of Mr. Glynn, seconded by Mr. Robbins, it was voted to grant the Dalrymple petition 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 Clarence N. Dalmrmple, 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 Iviinute-Man, a newspaper pub- lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 25th day of ' June, 1937. 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 peti- tioner tending to show: That he had leased the property at 2621 Mass. Avenue from the Ross Realty Corp., and desired to erect on the premises a roadside stand from which to sell only produce grown on said land; the stand to be about 8' x 6' with a swing opening facing the street; that there was a driveway into the premises, the farthest point from the street line being about 321. There was no opposition to the granting of the permit. At the close of the hearing the Board in private session on June 253, 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. What owing to conditions especially affecting the said parcel but not effecting; generally the 'Zoning district Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning 3y -law is hereby varied so far as may be necessary to permit Clarence N. Dalrym;::le to construct and maintain a roadside stand on premises at 2621 Mass. Ave. for the sale of produce grown on the premises; said stand to be erected beyond the northerly* line of the drivewa7 but not less than 20' from the lot line on F„ass. Ave.; the structure to meet with the approval of the Building Inspector and to be kept in good condition and repair at all times, this permit is granted on the condition that ample parking facilities shall be available so that customers will not park their cars on Mass. Ave. This permit to expire June 25, 1938, The Board hereby makes a detailed record of all its proceedinSsrelative 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 hearing, including that herein summarized, and directs that this record immediately ' fol�owinF this decision shall be filed in the office of the 'own 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: EOARD OF A??EALS OF LEXINGTOII (Appointed under G. L. 'h. 40, Sec. 27) A. N. Maddison C. Ldward Glynn Edward IN. Kimball Charles E. Ferguson Howard W. Robbins 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 5th day of June, 1937, to ,ary E. Lowe, Toros H. Bashian, Francis c: Hugh �-horapson, Yetta F. C. and Vilma A. Brown, Llla B. Tullgren et als, John Sullivan, Ross Realty Corp. and Clarence ii. Dalrymple, and also advertised' in the Lexington Minute -Lan on June 3rd, 1937, a notice of which the following is a true copy. Howard S. Robbins Clerk, oard of Appeals. U 0 in which it is located, a literal enforcement of the provisions of the Lexington Zoning 13y -law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially dero- gating from the intent or purpose of such Lexington Zoning 6y -law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning 3y -law is hereby varied so far as may be necessary to permit Clarence N. Dalrym;::le to construct and maintain a roadside stand on premises at 2621 Mass. Ave. for the sale of produce grown on the premises; said stand to be erected beyond the northerly* line of the drivewa7 but not less than 20' from the lot line on F„ass. Ave.; the structure to meet with the approval of the Building Inspector and to be kept in good condition and repair at all times, this permit is granted on the condition that ample parking facilities shall be available so that customers will not park their cars on Mass. Ave. This permit to expire June 25, 1938, The Board hereby makes a detailed record of all its proceedinSsrelative 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 hearing, including that herein summarized, and directs that this record immediately ' fol�owinF this decision shall be filed in the office of the 'own 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: EOARD OF A??EALS OF LEXINGTOII (Appointed under G. L. 'h. 40, Sec. 27) A. N. Maddison C. Ldward Glynn Edward IN. Kimball Charles E. Ferguson Howard W. Robbins 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 5th day of June, 1937, to ,ary E. Lowe, Toros H. Bashian, Francis c: Hugh �-horapson, Yetta F. C. and Vilma A. Brown, Llla B. Tullgren et als, John Sullivan, Ross Realty Corp. and Clarence ii. Dalrymple, and also advertised' in the Lexington Minute -Lan on June 3rd, 1937, a notice of which the following is a true copy. Howard S. Robbins Clerk, oard of Appeals. U 0 June 2nd, 1937. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws,'Chapter 40, Section 27, to vary the application of section 9F of the Lexington Zoning By-law with respect to the premises at No. 2621 lass. Avenue, owned by the Ross Realty Corp. by permitting the following: I4"aintenance of a road stand for the sale of produce grown on the premises. Clarence IT. Dalrymple (Signature) 10 Old County Road (Address) N 0 T. I C E June 3rd, 1937. 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 the Ross Realty Corp., and located at No. 2621 Mass. Ave., the maintenance of a roadside stand for the sale of produce grown on the premises, under the Lexington Zoning Taw or in accordance with Cha,, -ter 40, Section 27A of the General Laws and amend- ments. The hearing will be held at the Selectmen's Room, Town Office Building, on June 25th, 1937, at 8:00 o'clock F.N. Arthur N. Maddison, Chairman, board of Appeals. Upon motion of Air. Ferguson, seconded by I,Ir. Glynn, it was voted to grant the Gaffney petition in the following form: BOARD OF APPEALS FAIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Iulrs. C. R. Gaffney, 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 -Nan, a newspaper pub - C C 39 lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Bui-lding on the 25th day of June, 1937. 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 peti- tioner tending to show: That she desired to use a portion -of the premises at 1963 Mass. Ave., Lexington, for the maintenance of a private day school but is desirous of increasing the number of pupils.; that there are ample facilities for egress, consisting of three stairways; that her pupils consisted of those from the first to the ninth grade; that she did not intend to make any alterations in connection with using the property for a private school. One neighbor objected because he felt that it would impair the status of the neighborhood. At the close of the hearing the Board in private session on June 25, 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 Lex- ington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning; By-law is hereby varied so far as may be necessary to permit Mrs. C. E. Gaffney to maintain a private day school on the premises at 1963 Mass. .Ave., Lexington, sub- ject to the following conditions: That this permit shall continue only so long as the private school is maintained and supervised by Mrs. C. E. Gaffney; That there will be not more than twenty pupils under instruction; That no signs shall be displayed on the premises. Proper supervision shall be maintained at all times of pupils inside and outside of the building; that no alterations to the exterior of the premises are to be made. ' 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 pro- visions of the Lexington Zoning By-law as to the locus in question would invotre substantial hardship to the petitioner and that desirable relief may be granted without substanisially erygating from the intent or purpose of such Lexington on ng By-law. Ir 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 herein- before 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. haddison Edward W. Kimball C. Edward Glynn Charles E. Ferguson Howard W. Robbins I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, apT;ointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 5th day of June, 1937 to LeRoy S. Brown, Josephine A. and May S. Harrington, Florence G. Tilton, Katherine Harrington, Parish of the Church of Our Redeemer, George H. Streeter, Winthrop W. and Lois I. Harrington, Mildred G. Tenney, Marcia H. Glidden, William R. Greeley, Harry W. Litchfield, Hollis & Helen N. M. Webster, Rose M. Tucker, Rev. W. J. McCarthy, Tr., Laura H. Litchfield, Augus- tine N. Foster, Minnie S. Seaver, Ralph E. Lane, William H. Ballard et al, Lizzie A. Burr, Everett M. Mulliken, William S. Scamman, Harry J. Patterson, Gertrude S. Pierce, Marjorie Pierce, Arthur H. Earle, Lawrence B. Small, Leonard Cooke, John F. and Ethel F. Daly, Geraldine B. Akerley, H. Marshall and Margaret C. Chadwell, Eileen Pri. Cronin, Maurice P. Ahern and Bertha V. Pichette, Arthur W. and Ida B. Hatch, Maria Amaru and Mrs. C. E. Gaffney, and also advertised in the Lexington Minute -Man on June 10th, 1937, a notice of which the following; is a true copy. Howard T. Robbins Clerk, Board of Appeals June 3, 1937. 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 9A of the Lexington Zoning By-law with respect to the premises at No. 1963 Mass. 1 1 ' Avenue owned by Placido Amaru of Boston, Mass. by permitting the following: Maintaining a Private School. Mrs. C. E. Gaffney (Signature) 1965 Mass. Ave. (Address) N 0 z' I C E June 4, 1937. 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 Maria Amaru and located at 1963 Mass. Avenue, Lexington, the maintenance of a private school by Mrs. C. E. Gaffney, 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 June 25th, 1937, at 8:15 o'clock P. M. ' Arthur N. Maddison Chairman, Board of Appeals. The Chairman said that he would be away during the month of July, and suggested that Mr. Glynn be elected Chairman Pro -tem. Mr. Ferguson moved that the Chairman's suggestion be adopted. Mr. Robbins seconded the motion, and it was so voted. The meeting adjourned at 9:30 'r. M. A true record, Attest: Clerk. 1 M