Loading...
HomeMy WebLinkAbout1938-04-15 117 BOARD OF APPEALS MEETING APRIL 15th, 1938 A meeting of the Board of Appeals was held in the Select- men' s Room, Town Office Building, at 8:00 P. M. Chairman Maddison, Messrs. Glynn, Ferguson, Kimball and Robbins were present. The Secretary was also present. At 8:00 P. M. hearing was declared open on the application of the Girl Scouts of Lexington for permission to maintain a Girl Scout House on the premises located at 2 Lincoln Street owned by Margaret E. O 'Brien. The notice of the hearing was read by the Clerk, Mr. Robbins. About sixty persons were present at the hearing. Mrs. Norman I. Downs, Commissioner of the Lexington Girl Scouts, spoke in favor of the granting of the petition. She said that it had been the dream of the leaders of the Girl Scouts for years to have some headquarters. Mrs. Downs read from the Girl Scout Blue Book, the ideals and aims of a Scout. Mrs. Downs said that the house at 2 Lincoln Street had been offered to the Girl Scouts and because it adjoined the play- ground, the location wad ideal. The Scouts could have a nature library, a miniature bird sanctuary, an arts and crafts room, a room in which astronomical charts could be kept, etc. Mrs. Downs said that Concord and Hingham had scout headquarters in residential neighborhoods and these headquarters had proved to be an asset to the neighborhood rather than a detriment . The Chairman asked Mrs . Downs to explain in detail what the house would be used for. She said that it would be used as headquarters for the council meetings and troop meetings. Some of the younger girls will have their activities inside the house. Occasionally there may be picnic groups. Ir. Kimball asked if there would be any evening uses and Mrs. Downs said that the Girl Scout leaders did not encourage evening parties as the girls were too young for that. However, occasionally they might have a tea or something like that take place in the evening but at any rate, it would not be late. Mr. Glynn asked if the hours the children would use the house would be after school, and she replied in the affirmative. Mr. Glynn asked where the present headquarters were and Mrs. Downs said that they did not have any. Mr. Willard C. Hill of 2160 Mass. Avenue spoke in favor of the granting of the petition. He said that he hoped the Board would see fit to grant the permit , speaking not as a near-by neighbor, although he lives in the general vicinity. He said he could not but feel that the interest of the Town almost required that the Board do this for the people. He said he knew he was speaking for a great many mothers and fathers. He said that Lexington was destined to have in the near future, a place for the youth of the Town that would be 118 0.4 unescelled anywhere in the United States for a town of its size, and that the town officials ought not to do anything to obstruct the plans of the donor. He said that the question was whether or not this would in any way be a nuisance to the neighborhood. He said he could speak from experience. He said that the Hancock Church had allowed the Girl Scouts the use of the parish house and no objection has ever been made by the neighbors and none of the parish people feel that harm has come to the church because of the use. Last Fall, after having had this experience with the Girl Scouts, the Boy Scouts wanted to use the church. Mr. Hill was on the committee to investigate the advisability of allowing them to use the church and the committee recommended that the Boy Scouts be given this priv- ilege. For these reasons he could not see that it was a question of whether or not anyone was going to be harmed as he did not believe that they could be harmed. Mr. Hill said that in his opinion, doing things for young people was what we are here for. He said that he hoped the Board would be able to grant the petition. Mr. Walter Rowse of 17 Winthrop Road was the next speaker. He said he was happy to attend this meeting; as he wished to go on record on behalf of the Home for Aged People which is in the vicinity of the locus in question, voicing the opinion of the directors that they welcome this home for the Girl Scouts. He said that the going and coming of the scouts holding their events, etc. , would interest the residents of the Home. He said that a great deal of thought had been given to the matter and the Directors could not find a single reason for opposing the granting of the petition. They thought there was a great deal to be happy about Hethought that the donor should be en- couraged and felt that if this petition was not granted, he might be offended. Mr. Rowse thought that the donor was in a position to bring a great deal of advantages to the Town. He said that he was willing to accept anything that would be of benefit to younger groups and organizations. He thought the Townspeople should be willing to accept any slight inconveniences to bring the greatest good to the largest number. He said he hoped that the Board would grant the petition. Mr. Hollis Webster of 1960 Mass. Avenue said he wished to second what had been said by the other two speakers. He wanted to emphasize the fact that the Girl Scouts was an organization that everybody was very proud of. The Girl Scouts develop character and educate children. He said that the fact that the Girl Scouts were so proud to be part of the Town had some bearing on the matter. He said that some of the acts of the Girl Scouts were noisy and that no doubt drum and bugle practice would be carried on in the headquarters. How- ever, he thought that this would be nothing likt the noise of the playground in the immediate rear where ball games were carried on, etc. There would be no noise from the Girl Scouts 119 like that. He hoped that the Board would grant the petition and make it possible to accept this generous gift from the donor. Mrs . Hollis Webster of 1960 Mass. Avenue told the group that she was a past commander of several years ' experience. She stated that for years they had fought for this opportunity and had felt the need of it. They had had troops meeting in houses, churches, barns and everywhere. Gifts have been received that the scouts have not had an opportunity to use because they did not have the place to keep and use them. The scouts have been handicapped in the past because they did not have headquarters. Mrs. Webster said that she was a very near neighbor and she thought that anybody that had the welfare of this group and the town at heart could not say "no" to a gift such as this that had been offered to the Girl Scouts . She hoped that the property could be accepted. The Chairman said that the Board had received a petition signed by approximately 355 persons, forty of whom were in the vicinity of the house at 2 Lincoln Street. There were also letters from Mrs. George G. Ballard, Mr. Elwyn G. Preston, Manfred L. Warren, and Frederic L. Fischer hoping that the petition would be granted. The Board also received a letter from Mr. Albion W. Shaw who previously was opposed to the granting of the petition but stating that he wished to withdraw his objection. Mr. Willard C. Hill suggested that the persons present wishing to be recorded in favor of the granting of the petition be counted. Thirty-four wished to be recorded in favor. Mr. William P. Hagerty presented a letter which the Chairman read objecting strenuously to the granting of the petition. Mr. Hagerty is the nearest neighbor, his house being at 6 Lincoln Street. The Chairman read a letter which had been received from Mr. & Mrs. Royal W. Gilson of 19 Parker Street objecting to the granting of the petition. Mr. Hugh J. Shaw of 18 Tremont Street, Boston, Attorney, stated that he appeared for Mr. Hagerty.. He said that Mrs. Hagerty was much interested in this petition as she was the nearest neighbor. He also had been requested to speak for Mrs. Medora R. Crosby, owner of the property at the corner of Parker, Street and Mass. Avenue. Mr. Shaw read Section 9 of the Zoning Laws containing things for which the Zoning Laws could be changed. He said that Mr. Hagerty had been a citizen in Lexington for ten years. He owned a home in another locality which he still owned but he needed a larger house and purchased thq property at 6 Lincoln Street. He had a park in front of him and a park in back of him and in order to protect his home, he purchased a lot containing 10,000 feet beside his house. Mr. Hagerty purchased this home with the hope that he could have a quiet one and attain a quiet home life. Mr. Shaw said he did not think that any of the people that signed the petition would like to have this thing in their lap. He said he had talked with some of the Girl Scouts in town and found that they prac- ticed on drums and bugles so that they might parade on the 19th 120 rri of April. Probably fifty girls started and they were eliminated as they failed to qualify and the number was ultimately reduced to thirty-five. The Drum and Bugle Corps is a feature in the 19th of April parade. He thought that if the Board re-zoned this, it would not prevent the use of bugles, drums, etc. The Chairman informed Mr. Shaw that it was not a question of re-zoning. Mr. Shaw said that this property was to be made a meeting place. He had been informed that certain partitions were removed without the Building Inspector knowing anything about it. The greatest argument in its favor is that someone is donating the piece of property. He did not think that any- body present would like to have such a home beside his house. He asked how many Girl Scouts there were and Mrs. Downs said that there were three hundred scouts and one hundred brownies. Mr. Shaw asked if it was not possible that they all might be at the house at one time. Mrs. Downs said that there might be some occasion when they would have as many in the house as it would hold. Mr. Shaw said that Mrs. Crosby had her property rented and there was a possibility that the tenants might move out. He thought that the girl scout headquarters would not encourage building in this vicinity. He thought that the donor could give the gift in another place where it would not be as objectionable. He wanted to go on record as being opposed to the granting of the petition. Mrs. Downs said that no partitions were removed and that there would be no drum and bugle practice as the house was not adequate for it. Mr. M. S. Manley of 20 Parker Street said that he owned three houses on Parker Street at 15, 16, and 20. He said that they now have a nice quiet neighborhood and that the ball games at the park did not bother him. He thought that the activities of the Girl Scouts would bother them. He did not think that this use would improve his property, and on the contrary, thought it would depreciate it. He hoped that the Girl Scouts would get a home in some other place as he did not think that this would be a good place for one. He said that he did not see how the Home for Aged People could tolerate the noise. He understood that the scouts would have camp fires, drum and bugle practice, etc. He hoped that the permit would not be granted. Miss Helan A. McCaffrey of 33 Parker Street said that she was much in accord with anything connected with the Girl Scouts or playground movements. She said that several years ago her sister purchased a lot beside her property and wanted to build a house on it but was not allowed to do so because of the Zoning Laws . The lot is still vacant and is trespassed all the time and she felt that they had suffered much because of the trespassing. Some time ago the Supt. of Parks said that if the lot had been large enough the Town would no doubt build a clubhouse on it and she said that she told him that they cer- tainly would not want to look out on a clubhouse. She said 121 that both she and her sister wanted to go on record as being opposed to the granting of the petition. At the present time they are very much annoyed by the noise from the playground. Mr. F. B. Hunneman of 7 Parker Street said that he lived close to the property in question. He felt that it was a delicate thing to oppose the question as he knew the work of the Gii1 and Boy Scouts. He said, however, that he was opposed to any variation of the present Zoning Laws . This district was established as a two-family zone and on application of the neighbors, it was changed to an R.1 District. He said that he had been a resident of his present home for twenty-five years and this was the first thing he had ever objected to. He said his objection was not against letting the Girl Scouts in there, but was against a variation of the Zoning Laws. He said that his notice said that this was on the application of Margaret O 'Brien and that previous speakers had spoken of the donor as "he". Mr. Hunneman wanted to know what that meant. The Chairman said that Margaret E. O 'Brien was not the pe- titioner, that the Girl Scouts of Lexington were the petitioners. Mr. Lawrence G. Mitchell of 11 Parker Street was the next speaker. He said that he was not against the young people or the Girl Scouts, but that he did object to any variation of the zoning laws in this district . He thought that the letting down of the bars would at this time only result in letting the Boy Scouts in later.. He felt that the petition should not be granted. Mr. Victor E. Saltsgaver of 10 Parker Street stated that he agreed with the others in protesting against letting down the bars of the Zoning Laws . He thought that once the bars were down, it would be very easy to have them let down in the future. Mr. Glynn stated that the previous speakers had said that they purchased the property knowing that the playground was there. He said the playground served a cross-section of the children of the town. He asked why it was that these people had the belief that supervised activities of a body like the Girl Scouts would be more objectionable than the activities, for instance, of children at the playground. Mr. Mitchell said that he did not mean to infer that the Girl Scouts would be so objectionable. The objection was to a variation of the Zoning Laws . He said that he knew the use of the house would be somewhat restricted. He said that if the Girl Scouts were going to have headquarters, he would not object to bugle and drum practice. He said that if the Board was going to grant the petition and restrict the activities, it would not do much good. Mr. Hagerty stated that he came to this home three years ago and when he bought the property, he knew the playground was thereo. Lots of people might object to the playground, but he did not. He said that he had three sons, age 16, 12, and 9. One boy had been through the Boy Scouts and one was now in the Boy Scouts. Mr. Hagerty said that he had a daughter who passed 122 away, but that if she were alive today she would be a Girl Scout. When he purchased his house, the Crone house was there but not as a clubhouse. Mr. Hagerty said that he did not want a clubhouse next to him. He said he paid 0598. to the Town last year for taxes and that he had always paid his taxes promptly. Iie said the Girl Scouts would no doubt have cake sales, etc. , and this would change the status of the neighborhood. He said there was a possibility that they might even serve meals. He thought the Girl Scouts should have headquarters, but he objected to any depreciation of his property. He talked to some of his neighborhs who would not go on record as being opposed or in favor of the granting of the petition. One man said he did not blame Mr. Hagerty but he didn't want to say anything as he did not want to offend the man who was giving the property. Mrs. Elsie M. Glancey of 32 Parker Street stated that she did not approve of the variation of the Zoning Law. Mr. Robert H. Holt pointed out that there were certain things that were allowable in R.l zones and he said that clubs and meeting places were provided for in these zones . He said he did not understand that the power of the Board was to modify an R.1 section or that the act of this Board would be a modification of the R.l zone. He understood that this Board had power to determine where in these sections these things could be maintained. This petition is under the pro- visions for carrying out the purposes to which an R.1 zone may be applied. Its particular purposes may be restricted as to their location by permits to be granted by this Board. He repeated that this was not a modification but merely carry- ing out the purpose of the Zoning Law. He said that as to the Board's acting on this, it was a matter of discretion entirely. He said that his sympathy was with the Girl Scouts and he could understand the feeling of the people opposing the drums and bugles but he did not understand that these activities were intended to be carried on here. He understood that these activities were carried on in the gymnasium in the High School. He did not understand that it was contemplated to carry on these activities at 2 Lincoln Street. Mr. Holt said that one of the troops of Girl Scouts had met in his house every week for three years and he had never heard of the neighbors objecting. He said that he hoped the petition would be granted. The Chairman asked those persons wishing to be recorded in opposition to stand and there were eleven. No other persons wishing to be heard, the hearing was declared closed at 8:55 P. M. At 9:00 p. M. hearing was declared open on the application of H. Angus Conners for permission to operate a trout pool and stream to be used by fly casters and anglers, on the property located in the rear of 1265 Mass. Ave. , Lexington. The notice of the hearing was read by the Clerk. 123 Mr. Connors, Sheldon Robinson, Charles Cambridge and Robert L. Ryder were present at the hearing. Mr. Conners said that about twenty years ago a house was erected which had been used as a tea room. An artificial pool was made to go with this house and was used as a trout pond by the State for growing fish and Mr. Frost of Lexington was in charge of it. It has been closed for some time and Mr. Conners discovered that the water was adapted for the growth and storage of fish, and being interested in fly-casting, he hired the pro- perty and engaged Charles Cambridge to supervise and run the trout pool. The idea was to stock the pond with fish and open the house to any that came there . He wanted to charge a nominal fee for the trout taken by fly casting and have a little outdoor life and still get enough out of it to give one young man in the town employment. Mr. Conners said that he had a son about the Cambridge boy' s age who was working, but Cambridge was not,, and the latter' s lack of employment really brought about this petition. The locus is probably 1000 feet from Mass. Avenue and the only houses in sight are the ones on Percy Road. He said they were going ahead and open up and had even published a notice of the pool in the papers but had to hold up on account of this hearing. Mr. Conners said that he hoped the Board would grant permission to see if this sort of thing could be carried on. There would be no noise at all. He said that the men interested in fly casting were not the riff-raff. Mr. II Conners said he realized that this was a business and he had been lax in not noticing that this was an infraction of the Zoning Laws. Nothing would be offered for sale . A man would have to catch a trout and then it would be weighed and he would be charged for it, that was all. The Chairman asked if that really e Ily was not a business, and Mr. Conners replied in the affirm- ative. Mr. Glynn asked how Conners intended to run the pool, as a club or as a commerical business. Conners said he would run it on a commercial basis as it would take too long to organize a club. He said a club would have to have a yearly membership fee and would have to be chartered by the State. Mr. Glynn asked if it would be impossible to do that. Mr. Conners said that it would not, but probably would be difficult to get enough interested parties in the neighborhood to charter the club. He said he was engaged in another line of business and was unable to give any attention to this. The Chairman asked if fishing was allowed on Sundays. Mr. Conners said that the State Law prohibited it, but the law was never enforced and people did fish on Sundays. The Chairman said that he did not quite see how the Board of Appeals could grant the petition, but that a permit could be granted to a club in a residential district. He said the Board of Appeals would have to satisfy itself that this would be a club. Mr. Conners said that he could not make any statement to the effect that it was a club. He said there would be quite a little expense connected with this as it would be necessary to guard the trout pool at nigit. He said that recently 80 half- ound trout were taken out in one night. Mr. Conners said that 124 Possot rad he did not believe anyone would object to the carrying on of this business. It would have to be run twelve months of the year. The fish are in there now. Mr. Conners asked if he could be allowed to try to get something out of the pool that he had put in there and said that he would like to have the Board consider a permit, if only on a temporary basis. Mr. Glynn asked if he intended to have any signs. Mr. Conners said that they had prepared a silver fish to be placed at the entrance to the Breck property. He also would like to put up little fish signs merely as direction signs. Mr. Glynn asked if he was going to raise his fish and he replied that it would be well to put some fingerlings in the pool and let them grow until they were large enough to catch. None of the fish will be raised for sale , that is, there will be no sale unless the fish were caught by fly casting. The Chairman asked if it would be of any assistance to Mr. Conners if the Board could find a way to grant the permit if it was granted for a term of one year, and he said that it would be. Mr. Sheldon Robinson, the manager of the Burbrec Nurseries, said he represented Joseph Breck & Son. He said that they favored the granting of the petition. In their opinion, the number and class of men who might be attracted to this sport would not be objectionable to their business. He said the pond was so far separated from their own buildings that it would not interfere with their business. Mr. Kimball asked if parking would pother them and Mr. Robinson said that it would not as the cars would be parked in the other end. Mr. R. L. Ryder said he was one of the nearest neighbors. He said that he was not opposed to any kind of sorting activity, and he would be glad to see this thing tried out. He did not believe it would interfere with anything unless Mr. Conners let his trout into Ryder+ s brook. The hearing was declared closed at 9 :20 P. M. At 9:20 P. M. adjourned hearing was declared open on the petition of the Jenney Manufacturing Co. for permission to construct and maintain a lubritorium at the corner of Waltham Street and Marrett Road. Mr. Melvin N. Page appeared for the company and presented plans of the proposed lubritorium. Mr. Greeley of the Planning Board was also present . Mr. Page said that they planned to raise the roof of the present building about two feet . He said the plate height of the present building will be the same and they are merely changing the pitch of the roof so that it will be two feet above the height of the present structure . The Building In- spector said that the addition would have to be brick. Mr. Page said that they wanted to keep the appearance the same if possible. They had the same type of building in various places and have had much favorable criticism. He left plans of the propsed addition. 125 No one else appeared in favor or in opposition and the hearing was declared closed at 9 :27 P. M. At 9 :30 P. M. , hearing was declared open on the application of the Colonial Garage, Inc. to permit the storage and sale of gasoline at 1686 Mass. Avenue. Mr. & Mrs. George Morse, Mr. Nils Nilson, Eugene Viano and Roger Greeley were present at the hearing. The notice of the hearing was read by the Clerk. Mr Viano said that they wished to relocate their facilities for the storage and sale of gasoline. At the present time they have a permit for the sale of gasoline at 1668 Mass. Avenue, providing for 4,000 gallon storage, and he said that this was inadequate today. They need additional storage space. This proposed new location is on the present property and part of the old Valentine property. The corner of the Valentine property would be used for drive in purposes . He felt that they would have to make a change in the near future and they wanted to be prepared to go ahead. If the Vine Brook Drainage project went ahead, they would have to make a change but they needed additional space anyway. Mr. Viano said that they were practi- cally compelled to purchase gasoline in 3000 gallon lots and they wanted to have plenty of room so that these large trucks could turn around. The Chairman asked if the tanks would be on the old Valen- tine property and Viano replied in the affirmative and said that the pumps would be located on the so-called Leavitt lot . They have proposed plans to include a lubritorium sometime in the future. At the present time they have three islands with three dual pumps.. Mr. Viano said that the Board could be assured that they did not intend to use the Valentine property for a filling station. They merely wanted to place their tanks on that property. Mr. Viano said that he might or might not move his present equipment. Mr. Glynn asked how he thought the drainage problem would affect him. Mr. Viano said he did not know, but the Committee has made a recommendation as to what they feel the requirements for land takings are and if those recommendations are followed, it will take the land on the eastern side of the building to the brook completely. No one appeared in favor or in opposition and the hearing was declared closed at 10 :45 P. M. The petition of the Colonial Garage was considered, and it was the opinion of the Members of the Board that so long as the number of pumps was not increased there would be no objection to granting the permit, with certain conditons, and upon motion of Mr. Kimball, seconded by Mr. Glynn, it was voted to grant the following permit to the Colonial Garage, Inc. for the storage and sale of gasoline at 1686 Mass. Avenue, as follows : 126 CZ BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by the Colonial Garage, Inc. , 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 15th day of April, 1938. 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 petitioner tending to show: That the ownership of the Valentine property was now the same as the ownership of the Colonial Garage, and that they desired to place two new 2,900 gallon tanks in the Mass. Ave. corner of the Valentine property near the old garage lot, and install two dual pumps between Mass . Ave and the present entrance to the lubritorium, all as shown on blue print of plan dated February 24, 1938, marked "Proposed Yard Layout, Colonial Garage. " At the close of the hearing the Board in private session on April 15, 1938 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. 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 oe 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 Bylaw is hereby varied so far as may be necessary to permit the Col- onial Garage, Inc. to install two new 2,000 gallon tanks and the two dual pumps as shown on the blue print above referred to, subject to the following conditions : 1. That two of the dual pumps now in use shall be removed at the time of installation of pumps at the new location; 127 2. That any re-arrangement of driveways or approaches should not result in making the total street line length of the drive- way approaches or the combined properties any greater than now exists; 3. That the work for which this permit is granted shall be completed within six months. 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, in- cluding 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 forth- with to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch.4O, Sec.27) A. N. Maddison Edward W. Kimball C. Edward Glynn 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 1st day of April, 1938, to Beatrice F. Morse, J. Joseph and Annie T. Hurley, Margaret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney, Anne F. Rudd, Emma T. Pring, Blanch T. Nilson, Helen F. Lombard, Benjamin F. and Mildred P. Groot, Clement H. and Mildred P. Ferguson, Harold S. and Mabel D. Johnson, Robert L. Ryder, James J. and Lucy D. Walsh, Herman B. and Margaret R. McKay, Charles W. Ryder, Anstiss S. Hunt, et als, Harry M. Aldrich, Emma J. Clow, Martha C. Bennett, Bridget Leary, Susan A. Spencer, Sarah E. Comley, et al, Emily Franks, Freda R. Bunker, Beatrice B. and Wendall H. Burgess, Catherine T. MacDonald, William M. and Alice S. Crawford, Norbert M. English et al, Boston Edison Company, Robert L. Innis and • Dougal McLennan, Daniel J. O 'Connell, Everett J. and Virginia Leavitt, The First Baptist Church of Lexington, Edgar Thivierge, Bertha M. Baker, Eugene J. , Ernest E. and Lawrence F. Viano, Daniel Daniels, Waltham National Bank, Meyer Rubin and Harry G. Seligman, Lucy D. and Bertha M. Hutchinson, Alice T. McCarthy, Universalist publishing House of Boston, Frederick D. Cook and Colonial Garage, Inc. , and also advertised in the Lexington Minute-Man on March 31st, 1938, a notice of which the following is a true copy. 128 looml Howard W. Robbins, f,lerk, Board of Appeals. March 31, 1938 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 6 (c) of the Lexington Zoning By-Law with respect to the premises at No. 1686 Mass. Ave. owned by Colonial Garage, Inc . of Lexington by permitting the following: The sale and storage of gasoline. Colonial Garage, Inc. Eugene J. Viano, Treas. (Signature) Lexington, Mass. (Address) BOARD OF APPEALS NOTICE March 31, 1938. 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 the Colonial Garage, Inc . , and located at 1686 Massachusetts Avenue, Lexington, the sale and storage of gasoline, 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 Selectments Room, Town Office Building, on April 15, 1938, at 9 :00 P. M. Arthur. N. Maddison, Chairman, Board of Appeals. The petition of Mr. Conners was next discussed, and inas- much as the proposed use would be some distance from Massachusetts Avenue, and the principal abutter, Mr. Ryder, did not object, upon motion of Mr. Kimball, seconded by Mr. Ferguson, it was voted to grant the following permit to H. Angus Conners for permission to maintain a trout pool and stream to be used by fly casters and anglers, as follows: 129 BOARD OF APPEALS PERMIT Thea Bo rd of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by H. Angus Conners, 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 end 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 15th day of April, 1938. 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 petitioner tending to show: That he had made an arrangement with the Burbrec Nurseries, Inc. , whereby he could stock the brook running through the premises of Joseph Breck & Sons, located in the rear of 1265 Mass. Avenue, and desired to use the pond and brook for fly casting for trout, charging a fee depending on the fish caught and also desired to use the building formerly used as a tea room in connection with the fishing privileges . No one appeared in opposition. At the close of the hearing the Board in private session on April 15, 1938 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 re- quested. 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 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 unanimously decides that the application of the said Lexington Zoning Bylaw is hereby varied so far as may be necessary to permit w 1 130 H. Angus Conners to operate a trout pool and stream to be used by fly casters and anglers as above described on the following conditions : 1. This permit to run for one year from the date hereof; 2. That proper precautions shall be taken by him so that tres- passing on land of abutting owners shall not occur. 3. That no signs which can be seen from Mass. Avenue shall be placed on the premises, except a sign in the form of a fish not more than four feet long at the Mass. Ave. entrance. 4. That the activities in connection with the above permit shall be carried on in such manner as not to be objectionable . 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 LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) A. N. Maddison C. Edward Glynn Edward W. Kimball Charles E. Ferguson Howard W. Robbins I, Howard 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 31st day of March, 1938 to New England Trust Company, Boston and Lowell R. R. Corp. , Charles W. and Robert L. Ryder, Trs. , Lexington Trust Company, Howard M. Munore, Ruth S. Lyons, Edgar A. Welti, Minnie M. Ryder, Joseph Breck & Sons, Burbrec Nurseries, Inc. , H. Angus Conners, and also advertised in the Lexington Minute-Man on March 31st, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. 1 131 IIMarch 29, 1938 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 (g) of the Lexington Zoning By-law with respect to the premises at No. 1265 (rear Mass. Ave. , owned by Burbrec Nurseries, lessors, Joseph Breck & Sons, owners, of Lexington by permitting the following: Operation of a Trout Pool and Stream to be used by fly-casters and anglers. A nominal charge will be made for all trout taken; nothing will be offered for sale other than the fish caught. Use of premises on Sundays is contemplated. H. Angus Conners (Signature) 2 Bloomfield St. (Address) BURBREC NURSERIES, Inc. II By - Sheldon A. Robinson Manager. NOTICE Lexington, Mass. March 30, 1938. 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 Joseph Breck & Sons and located at the rear of 1265 Mass. Avenue, Lexington, the operation of a Trout Pool and Stream to be used by fly-casters and anglers, 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 April 15th., 1938, at 8:15 P. M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison, Chairman, Board of Appeals The petition of Jenney Mfg. Co. was then discussed, and inas- much as the proposed addition to the gasolene station would do away with the present unsightly lubricating lift, upon motion of Mr. II Glynn, seconded by Mr. Ferguson, it was voted to grant the follow- ing permit to the Jenney Manufacturing Co. for permission to main- tain a lubritorium at the corner of Waltham Street and karrett Road, as follows : 133 BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws , Chapter 40, Section 27, having received a written petition addressed to it by the Jenney Manufacturing Company, 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 Selectments Room, in the Town Office Building, on the 25th day of March, 1938. One Associate member and four members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. The hearing was adjourned to April 15, 1938 to permit the petitioner to present plans. At the adjourned hearing evidence was offered on behalf of the petitioner tending to show: That they now had a lubritorium in connection with their gasoline station at 319 Marrett Road at the corner of Waltham Street; that they desired to have an enclosed lubritorium and presented plans showing an addition to the present gasoline station with certain alterations in the old building to conform to the addition. No one appeared in opposition. At the close of the hearing the Board in private session on April 15, 1938 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. 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 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 Jenney Manufacturing Company to construct and maintain an addition to its present gasoline station at 319 Marrett Road at the corner 134 of Waltham Street, such addition to front 15 feet facing Waltham Street and 25 feet 6 inches deep, as shown on plan of the Jenney Manufacturing Company entitled "Jenney Mfg. Co. , Corner Waltham & Middle St. , Lexington, Mass. ", said addition to be used for the purpose of a lubritorium, on the following conditions : 1. That the work shall be completed within six months of the date of this permit; 2. That no additional signs shall be placed on the premises; 3. That the premises shall be maintained in good condition at all times, and no storage of any nature shall be permitted outside the building; 4. That the building, when constructed, will be substantially according to the plan above referred to dated April 13, 1938, subject to any changes which may be required by the Building Inspector. 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 LEXINGTON (Appointed under G.L.Ch.40, Sec.27) A. N. Maddison C. Edward Glynn Edward W. Kimball Charles E. Ferguson Howard W. Robbins I, Edward W. Kimball, 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 2nd day of March, 1938, to Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, Ames Munroe, Irvin T. Gould, Mildred T. Gould, William D. MacDonald, George G. Whiting, Fritz Wihtol, Thomas G. thiting, William H. Smith, Alice L. Tebbetts, Marshall L. Tebbetts, Jenney Mfg. Co. , Lulu M. Blake, Lex. CO-op. Bank, Annie Lampron, Margaret S. Mackenzie, et als, A. F. Baker & Co. , Camile J. & Anna Tremblay, Gaetano & Berta Francescelli, George W. & Helen M. Ewing, Jennett L. Bennett, George A. Givan, Anna M. Gott, Mary Marshall, 135 Sidney B. & Margaret W. Heywood, Jennie M. Partridge, Thomas & ' Matilda Davison, Catherine F. Stevens, Margaret M. Lynch, William F. & Jennie A. Downe, Elizabeth T. Keefe, William O 'Connor, Evelyn B Soar, Howard I. & Nellie J. Saunders, Sarah Gaddis, Charlotte L. & Helen G. Murphy, Josephine Nunan, Waverley Co-op. Bank, standard Oil Co. of New York, Inc. , Elizabeth C Phelps, Edward F. Rogers, Henry Saarm, Timothy L. Keefe, Ralph E. DeLoid, Neil McIntosh, Tr. , Tage F'ey, Lois M. Burling, Sarah Greaves, Medford Trust Co. , Betty E. Yruler, Grace L. Hinckley, Edgar W. & Marion B. IIoughton, John F. & Elizabeth F. Downey, Ralph E. & Florence V. Cox, E. J. Weldon & Hazel B. Morrison, Warren S. Grant, Aubrey & Sadie N. Caldwell, Ransom F. & Eva I. Williams, Patrick Malloy, Jeannette B. Fountain, Watertown Co-op. Bank, Marguerite E. Comman, Charles J. & Margaret F. Martin, Clarence E. & Cath- erine M. McElman, Lawrence A. & Eleanor Husted, Irving A. & Ethel W. Rich, Irene S. Murphy, Frances V. Healey, Margaret M. Neal, Hilda M. Arvidson, and the Jenney Manufacturing Company, and also advertised in the Lexington Minute-Man on March 3rd, 1938, a notice of which the following is a true copy. Edward W. Kimball Clerk Pro-tem, Board of Appeals . March 2nd, 1938. 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 9A of the Lexington Zoning By-law with respect to the premises at No. 319 Marrett Road, owned by the Jenney Mfg. Co. of 12 India St. , Boston, by permitting the following: Construction and maintenance of a one car lubritorium. Jenney Mfg. Co, Signature 12 India Street Address Boston, Mass. NOTICE Lexington, Mass . March 2, 1938 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the IIpremises owned by the Jenney Mfg. Co. , and located at 319 Marrett Road ( cor. of Waltham St . ) ,Lexington, the construction and maintenance of a lubritorium, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. 136 71 The hearing will be held on March 25th, 1938, at 8:15 P. M. , in the Selectmen' s Room, 'mown Office Building, Lexington, Mass. Arthur NJ Maddison, Chairman, Board of Appeals. The petition of the Girl Scouts of Lexington was discussed, and the various objections offered by neighbors was considered. The Board felt that with the playgrounds and swimming pool so near, with the consequent noise from football, baseball, and other act- ivit1es, t hat; with prro ie ge itionerstdesi e otoo� 'nuebEh§rusted sor onir of the property, another hearing can be held. Upon motion of Mr. Glynn, seconded by Mr. Kimball, it was voted to grant the following permit to the Girl Scouts of Lexington for permission to maintain a Girl Scout House at 2 Lincoln Street, as follows : 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 the Girl Scouts of Lexington, 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 15th day of April, 1938. All 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 the Girl Scouts of Lexington had been offered the use of the property at 2 Lincoln Street, Lexington, for the main- tenance of a Girl Scout House; that they did not have any head- quarters at the present time and many educational things had been offered them which they had no place to keep and conse- quently were distributed among the various people interested in the Girl Scout movement; that it was not their intention to use bugles and drums on the property. Various interested parties spoke in favor of the granting of the permit. Petitions and letters signed by 555 people were presented to the Board, about forty of them living in the vicinity of the property. At the request of the persons pres- ent, 34 were counted in favor of the granting of the petition, and 11 were opposed. Several of those opposed felt that it would be detrimental to their property and would depreciate the value of same and that it would be noisy and expressed the fear that this would be a change in the Zoning Law. 137 IIAt the close of the hearing the Board in private session on April 15, 1938 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. 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 in- volve 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 I decides that the application of the said Lexington Zoning By-Law is hereby varied so far as may be necessary to permit the Girl Scouts of Lexington to occupy the premises at 2 Lincoln Street, Lexington, for the maintenance of a Girl Scout House subject to the following conditions : 1. This permit shall expire one year from the date hereof; 2. That no drum, bugle or other band instruments shall be played on the premises. 3. That all activities of the occupants of the premises shall be under careful supervision at all times and no trespassing shall be permitted on adjoining properties; and that activities carried on shall not be such as are generally considered objectionable in a residential neighborhood; 4. No signs shall be permitted on the outside of the premises so that they may be seen from the street or surrounding property. 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 shall be mailed forthwith to each party in in- terest. 1 138 rrJ BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) A. N. Maddison Edward W. Kimball C. Edward Glynn 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 31st day of March, 1938, to Abigail W. and Albion W. Shaw, Arthur W. and Mildred G. Freeman, Frederick and Louise G. Hunneman, Lizzie A. Burr, Victor R. and Katherine T. Saltsgaver, Lawrence G. Mitchell, John S. Spaulding, Alice J. Manley, heirs of, Mary F. Manley, Royal W. and Ruth C. Gilson, Georgie A. Washburn, Lexington Cc-operative Bank, Eva K. Bram- hall, Louisa G. T. Bean, Elizabeth Schulman, Tr. , Elsie M. Glancy, Helen A. McCaffrey, Marion W. Jackson, Alice P. Hagerty, Charles W. and Robert L. Ryder, Trs. , William H. Hannam, Blanche E. Rudd, William H. and May B. Ballard, William R. Greeley, Harry W and Edna F. Litchfield, Hollis and Helen N. M Webster, Maria Amaru, Rose M. Tucker, Rev. W J. McCarthy, Laura H. Litchfield, Augustine N. Foster, Minnie S. Seaver, Arlene 0. Lane, Everett M. Mulliken, William S. Scamman, Medora R. Crosby, Converse and Audrey B. Hill, Catherine A. Kimball, Robert P. Trask, Frederic L. Fischer, Arthur E. Haley, Louis G. and Fanny Cochrane, Amos L. Taylor, Tr. , Nellie J. Pierce, Mary S. Valentine, John G. and Josephine W. Hall, Ina A. Downs, and also advertised in the Lexington Minute-Man, on March 31st, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. March 29, 1938 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(a) of the Lexington Zoning By-Law with respect to the premises at No. 2 Lincoln Street , 139 II r n b ermittin the followin : WanieincerrpAr "S�o ftousg.p g g Girl Scouts of Lexington By - Ina A. Downs (Signature) ( g ) 11 Edgewood Road (Address) I; OTICE Lexington, Mass . March 30, 1938. 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 Margaret E. O 'Brien and located at 2 Lincoln Street, Lexington, the maintenance of a Girl Scout 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 on April 15th, 1938, at 8 :00 P. M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals . The records of the meeting held March 25th were declared approved. A true record, Attest : Adjourned 11 35 P.M. , 7 C1erkU