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HomeMy WebLinkAbout1938-01-31 �1 BOARD OF APPEALS MEETING January 31, 1938 A meeting of the Board of Appeals was held in the Select- men' s Room, Town Office Building, at 7 30 P. M. Chairman Mad- dison and Messrs. Glynn, Kimaall and Ferguson were present. The Secretary was also present. The records of the meeting held on January 14th were de- clared approved. Upon motion of Mr. Glynn, seconded by Mr. Kimball, it was voted to grant the petition of Charles W. Ryder in the following form; BOARD OF APPEALS PE RM IT The Board of Appeals , acting under reneral Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Charles 'r'u. Ryder, 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 thereoy as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a newspaper publisned in Lexington, which hearing vas held in the Selectmen' s Room, in the Town office Building on the 14th day of January, 1938. Three 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 tend- ing to show That Charles N Ryder rents the house at 24 Maple Street and would like to have a permit to rent horses for riding pur- poses ; that there had always been horses kept in the barn on the premises ; and that the horses would be ridden almost en- tirely on the premises, through the several roads in back of the buildings, the property consisting of approximately 150 acres, that Mr Barker is the tenant and would run the school; that not more than seven or eight horses at the most would be kept on the premises , that there is ample parking space on the premises so that cars would not be parked on the street. Three of the neighbors appeared in opposition, one fearing that the proposed occupancy would create a change in the district . They did not oppose the riding school as such, but feared some- thing similar to the pony riding school on :Joburn Street would develop, and this would be objectionable and a detriment to property in the vicinity. 92 hammlAt the close of the hearing the Board in private session on January 61, l;;38 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 pro- visions 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 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 Minnie M. Ryder, wife of Charles Ryder, to use the premises at 24 Maple Street for the nurPose of renting riding horses, subject to the following conditions : 1. That sufficient space shall be maintained in such con- dition that it can be used for the parking of customerst automobiles, and that no parking of cn.stomers shall be per- mitted in the entrance to 24 Maple Street nor on Maple Street. 2. That not more than eight riding horses shall be kept on the premises for use of customers in riding; 3. That no signs except those approved in writing by the Duilding Inspector snail be permitted on the premises; 4. That customers using the horses shall not be permitted to ride the same between the buildings and Maple Street, or land adjacent to Maple Street , except in going to or from the stable; 5. That no pony riding school for children shall be main- tained on the premises ; 93 ' 6. That this occupancy of the premises shall be carried on in such a manner as will not be objectionable to the neigh- borhood; 7. That this permit shall expire on February 1st, 1939 . The Board hereby makes a detailed record of all its pro- ceedings 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 shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LLXT -TON (Apoointed under G L. Ch. 40, Sec . 27) ART= N MADDISON CHARLES E. FERGUSON EDWARD , KIMBALL ' C . EDWARD GLYNN : O.,ARD ROl=S I, Edward W . Kir call, Clerk Pro-tem 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 3rd day of January, 1938, to Charles H. Scho- field, Helen Niggins, Martin and Catherine Casey, John T. Cos- grove, A. Elizabeth Day, Emily L. F. Telles , James S. tontague, Minnie M Ryder, Mary A'. Duffy, Edward L. Tyler, George E. Ham, Charles P. VanA1stine, George Nelson, Mary E. Gaffey, Samuel B. Chapman, Charles 4 . and Robert L. Ryder, Trs . , Elmina and Howard Munroe, Boston & Lowell R. R. Corp. , Joseph. Breck & Sons, Corp. and Earl Barker, and also advertised in the Lexington Minute-Man on December 30, 1937, a notice of which the following is a true copy Edward N. Kimball Clerk Pro-tem, Board of Appeals December 29, 196.7 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen The undersigned hereby petition the Lexington Board of 94 lamest 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 lo. 24 Maple Street owned by Minnie M Ryder of Lexington, by permitting the follow- ing Maintenance of a riding school. Charles N. Ryder, (Signature) 277 Waltham Street (Address) BOALD OP APPEALS NOTICE Lexington, Mass. Dec. 29 , 1937. The Board of Appeals will hold a hearing on the matter of varying the application of tae Zoninn- Law by permitting on the premises owned by Minnie M. Ryder, and located at 24 Maple Street, Lexington, the maintenance of a riding school, 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 January 14th, 1938, at 8 15 P. M. in the Selectmen ' s Room, Town Office Building, Lexington, Mass . Arthur N Maddison, Chairman, Board of Appeals. Upon motion of Mr Glynn, seconded by Mr. Kimball, it was voted to grant the petition of Daniel J O 'Connell in the following form: '3OAPD OF APPEALS PERMIT The Board of Anneals , acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Daniel J O ' Connell, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to ts.ie 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 14th day of January , 1938. Three 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 tend- ing to show: That he had established a new lot extending the line of Lot B 21.32 ' easterly, makin, a triangular lot called "D" on Plan of Land in Lexington, Mass by E. N. Montague , u. E. dated 95 September 16, 1932, said lot D containing 546 square feet ; it was necessary to again petition the Board to add Lot D to the lot called "B" in the permit granted by the Board of Appeals on February 5, 1907. At the close of the hearing the Board in private session on January 31, 1:2/38 gave consideration to the subject of the petition and voted unanimously in favor of the following find- ings : 1. That in its judgment the public conveneience and welfare will be substantially served by the making of the exception requested. 2. That the exception requested will riot tend to impair the status of the neighborhood. 3. That the exception requested will be in har_mmy with tie general purposes aria intent of the regulations in the Lex- ington 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 ay-law as to the locus in question would involve II 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 Daniel J. O' Connell to use the triangular lot owned by him and shown as Lot D on tie plan of land in Lexington, Mass . by L. Y. Montague, r . E , dated Spptember 16, 1932 and attached hereto, as though it were part of Lot B, shown on the said plan and also on the plan described in the permit hereinafter re- ferred to, with respect to which Lot B a permit of this Board was granted at a meeting held on February 5, 1537, and subject to the conditions tnerein set forth. the Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that t, e 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 snail 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 LEXINGTOP: (Appointed under G. L Ch. 40, Sec. 27) 96 r•w CT7 =r ARTHUR I . oIADDISCI; ' ED4'JARD N. KIMBALL CHARLES E. FERGUSON C EDWARD GLYNi HOWARD N. ROBBINS I, Howard W Robbins , Clerk of tn.e Board of Appeals of Lexin4,ton, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 3rd day of January , 1938, to Daniel J O' Connell, Patrick McLaughlin, Georgie E. Locke , James J. and Lucy Walsh, Bridget Leary, et al, First Baptist Church, Everett H. and Virginia L. Leavitt, Edgar F. Thivierge, Bertha M. Baker, Warren E. Russell, Philip Leaf, Ivar Ivarson, William Hunt et al, Carmelo Galvagno, Seoastian Colontropo, Heirs of Dennis H. Collins , Annie C. Ahern, Cornelius Lyons, Margaret and Mary McCann, Elizabeth A. Silva, Carl F . Wallin et al, Catherine Vaughan, Annie M. Sullivan, Joseph Brown, Mary E. Reardon, Delia Mulvey, Elizabeth McDonnell, Margaret E. welch, \ endel & Mary Lichtenberg, Samuel S. Thompson, Etta L. Whiting, John L. Murray, Alex and Dorothy Parks, Leora A. Burke, Beulah M. Butters, J. A. Moulton, Morris McKay, Helen M Dalrymple, Mary M. Heath, Mark Dodd, heirs of, Mrs . J. P. I, orse, Enna L. Holey, Annie doClure , Alice L . Crawley, Emelie DeVeau, Emily H. Morse, Charles Franks, Paula Franks , Justus P. horse, ueorge C. Mchay, Sarah E. Comley, Christy Hallos, Walter Pierce et al, Daniel Bailey, Catherine and Katherine Vaughan, James C. Manley, Anna J. Manley, Ahern & Pichette, Olive C. Myers, Mary C. Kelly, John T. McDonough, Manuel Moniz, Andrew Pertherer, Mary and Frank Picciani, Thomas Quinlan, Charles J. and Mary C. Ray, Peter and Martini Semonian, Leslie J. Spencer, Frank H. Tobin, Nora E. M. Vaughan, Mrs . Margaret Gaffney, Susan Doherty, John F. and Mary F. Dowd, Alice M Hurlbutt, Mrs. Annie E. Harrington, Oscar E and Elizabeth Sette , Frederick H. and Dora L. Galloupe, Grace P. Brown, Arthur N and Minnie Maddison, Mrs Carrie A. Norris, Ada H Rowse, Mrs. Lora B. Worthen, Fred 5'u and Lucy A. Miller, Herbert T. MacDonald, % orbert M English, et al , William and Alice S. Crawford, Beatrice B. Burgess , Charles A. Manley, Boston and Lowell R. R. Corp. , Willis Franks , Robert J. Shannon, New England Trust Co. of Boston, Tr. , John J. Callahan, John :f Keeley, Esther R. Barnes , et al, Mr. and Mrs . Ste_,hcn Donnellan, and also advertised in the Lexington d_nute-lian on December 00 , 1937, a notice of which the follow- ing is a true copy. HOWARD vv ROBBINS Clerk, Board of Appeals . 97 December 29 , 1: 57. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Uhapter 40, Section 27, to determine the application of Section 6-C of the Lexington Zoning By-law with respect to the premises at Woburn Street adjacent to a lot located at the corner of Fletcher Avenue and Voourn Street, being a triangular lot owned by Daniel J. O ' Connell of Lexington and shown as Lot D on plan attached hereto by oer- mitting, the following To maintain a Gasoline fillinL station for the storage and sale of gasoline and other oils. Daniel J. O ' Connell 1536 Massachusetts Avenue Lexington The meeting adjourned at 8 25 M. A true record, Attest t3C\i`i"11: 3 Clerk Pro-tem.