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HomeMy WebLinkAbout1938-05-27 154 BOARD OF APPEALS MN:h,T ING May 27, 1938. A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P. M. Chairman Maddison, and Messrs . Ferguson, Robbins and Kim- ball were present. The Secretary was also present. At 8:00 P M. hearing was declared open upon the application of Leeland G. and Mildred I. McConchie for permission to maintain a riding school at 104 North Street, Lexington. The notice of the hearing was read by the Clerk. Mr. W. E. Selfridge appeared in favor of the grant- ing of the petition. He said that he had fitted up the barn at 104 North Street to be used as a riding school. He said that he had spent a considerable amount of money changing the barn from a cow barn to a horse barn, and had leased one-half of it to two young men for one year. There are twelve regular stalls and five box stalls, and there is one room that the man stays in nights . The two young men • have been using the place since February. He said that he would like to see the petition granted so that he could get something in return for the money he had spent. Mr. Sel- fridge said that he did not see ,that a riding school would bother anyone, as it did not bother his family, and he II lives on the premises . There is no odor. He said that he did not own any of the horses himself. He said that a man by the name of Stanton, and Albert Howe, who runs Howe s Watertown Express, would operate the riding school. The Chairman asked how many horses there were, and he said that there were fourteen or fifteen saddle horses . Selfridge said that he had had no fault to find with the way the school was operating, and said that there were no intoxicated cus- tomers. The Charman asked how old the riding pupils were, and Selfridge said that they were middle-aged people. He said that in March they had a boy who had let the horses out, and once two got out and wandered up the street. They have let that boy go. Mr. Kimball asked where the people rode, and Sel- fridge said that they usually went up North Street into Burlington, and do most of the riding on the dirt roads in Burlington. Mr. John A. Cadario of Arlington said that he rep- resented all the abounding property owners. He said that _ he had no objections to the granting of the petition, and thought it was in order. He wished to be recorded as being in favor. ' 155 The Chairman asked what he meant by "abounding pro - perty owners ." He said that he and two other persons, Wm. P. Herlihy and Mary Trepazzo, owned the land immediately abut- ting this farm. He sold the farm at 104 North Street to Mr. McConchie . No one else wished to be heard in favor of the granting of the petition. Mr. Nathan B. Bidwell, attorney, stated that he represented Miss Edith Willard of North Street and that he was authorized to speak for Harvey C. Wheeler, who owned property directly across the street from that of the peti- tioner, Mr. Austin Locke and Miss Brown. Mr. Locke told him that his objection was not to odor or to the horses. He has long been the owner of his land And it is very val- uable. The house is very attractive. Mr. Locke has had considerable difficulty on one or more occasions with the horses going over his land. £here is ample evidence to be presented of the riding of horses through there at 11:00 P. M. and around midnight. On Sunday they have as many as 80 riders a day. Mr. Locke ' s objections were not serious, however. Miss Brown simply stated that she had not had any particular trouble but dreaded what might happen. Mr. Harvey Wheeler was not in but his secretary informed Mr. Bidwell that he was very eager to sell his land. Last Sunday, someone went out to look at the house and had difficulty with some riders . Mr. Wheeler feels that even though this riding school is only temporary, it might be an obstacle in the sale of the house . He wants to develop the place and does not feel that he can do so while the riding school is there . Mr. Bidwell said that Miss Willard' s family had owned their property for over sixty years. He said the equipment at the school was not any too good and the fences to keep the horses in were not good and there has been trouble in the past. He said that he had been informed by three persons that when Howe had his school previously, he had patrons who evidently had been imbibing too much. He said that this was no reflection on Mr. Howe as that is apt to happen in any riding school. Miss Willard objected because it would depreciate the value of her property. He said that the Town had an unfortunate experience as a result of what John D aderio had done with the Bean farm. The loam was stripped and it was not and is not a pleasant situation. The neighbors felt that a great deal of damage had been done and they did not want any more done. He _ said that Mr. Selfridge had spent $200. or $300. on the barn and he felt that he should have an opportunity to get as much money back as possible but he thought it unfortunate that the man did not come in and ask for a permit before he did the work on the barn. He did not believe it a proper 156 thing to conduct this riding school. He thought it was a question of what was best for the general community. He did not believe that a riding academy would improve the probable prospects of developing that section. He did not believe that it was in keeping with the Planning Boar des desires for this section. there is a great deal of traffic on the street and he felt that the horses wou]d increase the traffic hazard. Miss Willard has had the horses on her seeded land and that may never happen again but the fences are not in proper condition to keep the horses in. The barn is very much run down and unsightly e yen though it has been improved somewhat. He thought it was a thing that the town ought not to tolerate. He did not believe that the discontinuance of the riding school would work a hardship on Mr. Selfridge . The Chairman asked if the mere fact that there was such a use in itself was objectionable to those he repre- sented. Mr. Bidwell replied in the affirmative and said that they were very much against it in any form. Mr. Selfridge said that Bidwell called him and told him that Mr. Locke was one of the objectors . He went up to see Locke, who stated that the horses did get in on his land once but that was al]. . He said he enjoyed seeing the riders go by. The horses almost never go down to the corner where the traffic is. The last thing Mr. Locke said to him was that he hoped he would get his permit. He said he would spend more money if he could get income from the barn. He said it was very unusual if some riders were out until 11 o' clock for most of them are in at 8:30 or 9:00, unless there is a moonlight ride. He said that the Willard farm was the third one away from his property. Mr. Bidwell said he hoped that Mr. Selfridge did not think he was quoting Locke on the value of the property but Mr. Locke did say that he had the horses on his land. The hearing was declared closed at 8:32 P. M. At 8:32 P. M. hearing was declared open on the appli- cation of Howard Munroe for permission to maintain a golf school and range on Lowell Street . The notice of the hear- ing was read by the Clerk. Mr. Leonard Collins of Arlington stated that he was one of the men that would run the golf driving range. He presented two blue prints, one made by the Boston Edison Company and the other for Howard Munroe. He said that they desired to operate in the section running from a point 100 feet from the corner of Woburn Street a distance of approximately 300 yards into Mr. Munroe 's property. The balls would be hit away from Lowell Street. They expected to put in three poles with three lights on each pole. The width of the range would not exceed 200 feet. They would not enter into any other business but would confine it to 157 the golf school and driving range. Mr. Kimball asked what they expected to have for cover and Collins said that Mr. Munroe said they could use the clam house. The Chairman asked how late they planned to keep open. Collins said that they would start putting the lights out about 11:45 P. M. and have them all out at twelve anyway. He said that perhaps 60% of the business was done in the eve- ning. He pointed out the location of the proposed tees and the Chairman tol'41 him that the Board had already granted a permit for a filling station on that lot. The Chairman said that the Board would have to have a print showing the location of the gasoline station before it could make a decision. They retired. No one else appeared in favor or in opposition. It was decided to take no action on eitherP etition until the next meeting of the Board. The records of the meeting held May 13th were declared approved. The meeting adjourned at 9:05 P. M. A true record, Attest: Cle k. 1