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HomeMy WebLinkAbout1938-06-10 165 BOARD OF APPEALS MEETING June 10th, 1938 A meeting of the Board of Appeals was held in the Select- men' s Room, Town Office Building, at 8:00 P. Y. Chairman Maddison and Messrs. Kimball, Ferguson, Robbins and Associate Member Driscoll were present. Miss Elinor Moakley, acting secretary, was also present . The records of the meeting of June 3rd were read and approved. At 8 :00 t. M. hearing was declared open on the application of Howard M. Munroe for permission to maintain a children' s riding school and pony track on the premises located at Woburn Street, Lexington. The Clerk read the notice of the hearing. Mr. Munroe was present and stated that he desired a renewal of this permit. He said that the circumstances were the same as last year except that they had made quite a few improvements. They have moved the stable where the ponies are kept way back so it is practically out of sight of Lowell Street or Woburn Street. They have graded the land in from the street to the wall so that cars may be parked there at a forty-five degree angle and have planted a circle of birch trees to make the place more attractive. Mr. Ferguson asked Mr. Munroe how many cars the new parking arrangement would acemendiate, and Mr. Barbour, who rents the premises, stated that it would accommodate about twenty cars. Mr. and Mrs. Albert E. Olsen of 286 Woburn Street were present, and Mr. Olsen stated that the parking conditions were very bad on Sunday. He said that there have been a lot of accidents there with cars coming together. The cars also are parked on sidewalks and are also parked double on the street. Mrs Olsen stated that there were signs placed there to prohibit parking, but these are disregarded. The Chairman stated that previously when the question of renewal of this permit had come up, it was stated that the parkng conditions were bad and it had been intimated that steps would be taken to prevent this. Mr. Barber stated that the Chief of Police goes down there every Sunday afternoon to view the parking conditions. He said that he talked to the Chief of Police about the condition there and the Chief said he would see if he could get him some parking signs, but he did not have any. Mr. Barbour said that people driving by in cars sometimes stopped for just a few minutes to watch the ponies. He said that he has sent his boys over to ask them to move into the parking space as there is always plenty of room there. 166 The Chairman inquired of Mrs. Olsen whether or not she felt the parking conditions had been improved since the new parking space had been made, and Mrs . Olsen replied that she felt the condition was just as bad as before. Mrs Olsen also spoke about the odor and asked if there was some way by which this could be eliminated. She stated that it was particularly bad last August. Mr. Barbour said that the stable had been moved back about 200 feet and this would probably help the situation. No other persons wished to be heard in favor or in opposition and the hearing was declared closed. At 8:10 P. M. hearing was declared open on the applica- tion of Frank A. and Mary Napoli for permission to maintain a roadside stand to sell produce grown on the property, on premises located at Marrett Road about two hundred feet nor th- westerly from the corner of Middle Street. The Clerk read the notice of the hearing. Mr. Napoli appeared in favor of the granting of the petition and stated that he was requesting the same permit that he had last year. He stated that the conditions at the stand were just the same as they were then. No other persons appeared in favor or in opposition and the hearing was declared closed. The Board, in private session, considered the application of Frank A. and Mary Napoli for permission to maintain a roadside stand at Marrett Road, and it was unanimously voted to grant the 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 Frank A. and Mary Napoli, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a news- paper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building, on the 10th day of June, 1938. One Associate and four regular members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he wished a permit for a period of one year expting May 8, 1939 to conduct a roadside stand on property of Frank A. and Mary Napoli located on Marrett Road and Middle Street. That there had been no changes made in connection 167 with the existing roadside stand and that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session on June 10, 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 im- pair 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 Lex- ington Zoning By law is hereby varied so far as may be necessary to permit Frank A. and Mary Napoli to maintain a temporary roadside stand on the Marrett Road front of land of Frank A . and Mary Napoli located on Marrett Road and Middle Street for the purpose of selling only the products grown on their own land in the Town of Lexington, and that said stand be maintained on the location as now existing; they to provide sufficient parking space for automobiles to prevent traffic congestion on Marrett Road; this permit to expire May 8, 1939. 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 168 P•rl be open to public inspection and that notice of this decision shall be mailed forthwith to each party in in- terest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Seq. 27 ) A. N. MADDISON CHARLES E. FERGUSON HOWARD W. ROBBINS WILLIAM H. DRISCOLL EDWARD W. KIMBBELL 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 certi- ficate of mailing on the 23rd day of May, 1938, to Raymond L. and Anna S White, Neil McIntosh, Patrick and Helen K. MacKino, Edwin H. and Mary B. Halvorsen, Margaret R. Crocker, William A Melbye, Pasquale Panetta, Emily R. Scheibe, Marie A. Miller, John Waugh, Charles W. and Mary A. Fittz, Highland Trust Co. , Robert P. Trask, Thomas J. and Jennie Heaney, Russel S . Bray, Robert J. Fawcett, Joseph R. Law- son, Watertown Co-op. Bank, Carl V. Olson, Johann C. E. and Christine A. Gramstorff and Frank A. and Mary Napoli, and also advertised in the Lexington Minute-Man on May 26th, 1938, a notice of which the following is a true copy . HOWARD W. ROBBINS Clerk, Board of Appeals. May 19, 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 9F of the Lexington Zoning By-Law with respect to the premises at No. 23 Middle Street, owned by Frank A. and Mary Napoli of Lexington by permitting the following: Maintenance of a roadside stand for the sale of products of the land. Frank A Napoli by Thomas A Napoli (Signature) 23 Middle h)treet (Address) 169 NOTICE Lexington, Mass . May 21, 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 Frank A. and Mary Napoli, and located at Marrett Road about two hundred feet northwesterly from the corner of Middle Street, Lexington, a roadside stand to sell produce grown on the property, under the Lex- ington Zoning Law or in accordance with Chapter 40, Section 27A of the General Yaws and amendments . The hearing will be held on June 10th, 1938, at 8:10 P. M. , in the Selectmen' s Room, Town Office Building, Lex- ington. Arthur N. Maddison Chairman, Board of Appeals. At 8:20 P. M. hearing was declared open on the appli- cation of the Lexington Savings Bank for permission to sub- divide the existing lot at 41 Percy Road into two lots, each to have a frontage of seventy feet and an area of ' 14,000 square feet. The Clerk read the notice of the hearing. Mr. Edwin B. Worthen, representing the Savings Bank, stated that in 1928 the Savings Bank took a mortgage on this property and were later forced to take the property. He said that for some time a "For Sale" sign had been placed there and that the property was offered to the public in the form of "make an offer` . Mr. Worthen said that for seven years the Bank had not received an offer of any kind for the property. They considered remodelling the house but this would be so expensive it would be cheaper to tear the house down and sell the land. He stated that it was difficult at the present time to sell large lots and that the Board had considered the matter and decided that it would make this request to have it made into two smaller lots. He stated that the Bank did not feel this would in any way injure the neighborhood, nor would the bank do this if they felt it would be detrimental inasmuch as they are interested in other property in the neighborhood. Mr. Worthen pr sert�,egQ 1 r showing the area and frontages of various to "i h v edtray foot frontage. He felt that two modern homes could more easily be disposed of than the old style house which is there at present. He cited Highland Avenue as an ideal development and presented plan showing the frontages of the lots on this street, most of which were ' not much larger than those the Bank proposed to have at 41 Percy Road. Mr. Worthen stated that he felt that what the 170 1 0.4 Bank was requesting was entirely within reason and probably would result to the benefit of the neighborhood. Mr. Charles L. Coburn of 31 Percy Road asked Mr. Worthen if the Bank intended to place any restrictions on the type of house that could be built on the lots, and Mr. Worthen replied that that had not been discussed. Mr. Coburn stated that he felt the present house on the lot was an eyesore and if the Bank was to tear down the old house and restrict the land to medium priced houses, he would be very much in favor. No other persons appeared in favor of the application. The Chairman read a letter from Morris P. Capen objecting to the granting of the petition. The Chairman also read a letter from Mrs . Hugh D. McLellan in which she stated that she was very much opposed to the granting of the petition. Mrs . Roger D. Long was present and asked if this change would result in decreasing valuations in the neigh- borhood. Mr. Coburn stated that he felt that the Town would be financially better off if the application were granted inasmuch as the Bank would have a better chance of dis- posing of the property. Mr. Kimball asked Mr. Worthen if any effort had been made to acquire ten more feet at this location and Mr. Worthen replied in the negative . Mrs Long said that it was rumored that the Bank intended to build three houses on the lot and she asked Mr. Worthen whether or not this was true . Mr Worthen replied that it was not, that the Bank only intended to have two house lots there. Mr. Samuel Burgoyne of 40 Percy Road asked if there was just exactly 140 feet frontage in the present lot and kr. Worthen replied in the affirmative. No other persons wishing to be heard, the hearing was declared closed. The Board in private session considered the petition of the Lexington Savings Bank to divide the lot at 41 Percy Road into two lots, each to have a frontage of 70 feet on Percy Road, and after considering the evidence offered on behalf of the Bank as well as the neighbors, it was felt that there was not sufficient evidence pres- ented to grant the variation under Section 9(d) of the Lexington Zoning By-law as there is no question of topo- graphy and there did not appear to be sufficient evidence to the effect that other conditions make the granting of the permit necessary. On motion made, it was voted that 171 the petition be denied in the following form, Messrs . Maddison, Robbins, Kimball and Driscoll voting to deny the application, and Mr. Ferguson voting in favor of granting the petition: The Board of Appeals, acting under General Laws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by the Lexington Savings Bank, 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 t ax 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 June 10, 1938. One Associate and four 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 it had owned the property at 41 Percy Road, Lexington, under foreclosure proceedings for a great many years; that they had offered the property for sale but had received no offers; that they would like to divide the 140 foot frontage into two lots of seventy feet each as they thought they could dispose of the property if this were done. Evidence was offered showing various frontages of lots on Percy Road and Highland Avenue and on Bloomfield Street . They stated that various plans had been made for improving the present house but the cost was prohibitive . Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that in their opinion the granting of the petition would depreciate the value of their property; that if the present petition were granted, it would mean that some time in the future similar petitions would be filed by at least one of the owners for some relief. At the close of the hearing the Board in private session on June 10, 1938 gave consideration to the subject of the petition and voted in favor of the following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-Law. 172 4. `That the enforcement of the Lexington Zoning By-Law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public Food and without substantially derogating from the intent and purpose of such Lexington Zonine By law. Pursuant to the said findings, the Board hereby denies the said petition of the Lexington Savings Bank. 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 de- cision shall be filed in the office of the Town Clerk of Lexington and shall be a public record 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 WILLIAM: H. DRISCOLL EDWARD W. KIMBALL 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 certi- ficate of mailing on the 27th day of May, 1938, to Mary E. Newell, et al, Daisy deW. MacAlpine, Nina F. McLellan, Roger D. and Christine F. Long, Elizabeth C . Phelps, Samuel and Jennie M. Burgoyne , Morris P. Capen, Rena B . Hanson, James H. rioynton, Charles L. Coburn, Bertha T . Hastings , Heirs of Frank W . Herrick, E . Gertrude Sherburne, Edith R. Pierce, Bertha M. Trenholm, Ira F. and Verna R. Fuhrmann, Mary H. Stone, Home Owners Loan Corp. , Rhoda A. Kilgour, Thomas H. and Wilhelmina G. Thomas, Standley T . and Luella S. Cobb, Etta S. Giles, Marion Brown, Abbie E. Stevens and the Lexington Savings Bank, and also ad- vertised in the Lexington Minute-Man on May 26th, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals. 173 May 25, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board cf Appeals , appointed under General Laws, Chapter 40, Section 27, to vary the application of section six of the Lexington Zoning By-law with respect to the premises at No. 41 Percy Road. , owned by Lexington Savings Bank of Lexington by permitting the following: Subdivision of the existing lot into two lots, each to have a frontage of seventy feet and an area of 14000 square feet. Lexington Savings Bank (Sig. ) Edwin B. Worthen, Treas . (Address) Lexington, Mass . NOTICE Lexington, Mass. IIay 26, 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 the Lexington Savings Bank and located at 41 Percy Road, Lexington, the subdivision of the existing lot into two lots, each to have a frontage of seventy feet and an area of 14,000 square feet, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on June 10, 1938 at 8:20 P. M in the Selectmen' s Room, Town Office Building, Lexington. Arthur N. Maddison, Chairman, Board of .appeals . The Board in private session considered the petition of Howard M. Munroe for permission to maintain a pony riding school and track at Woburn Street, Lexington. After discussing the matter, it was unanimously voted that the petition be granted in the following form: 1 174 I, BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Howard M. Munroe, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property 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 10th day of June, 1938. One Associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearinP; evidence was offered on behalf of the petitioner tending to show: That he desired to maintain the pony riding school for children on the premises located on the southerly side of Woburn Street about one hundred and fifty feet (150' ) from the junction of Woburn Street and Lowell Street, in the same manner as in previous years. One of the families owning property nearly opposite the pony riding school complained of the parking which some- times blocked up the sidewalk opposite their home and also complained of the odors, particularly during August of last year. At the close of the hearing the Board in private session on June 10, 1938, gave consideration to the subject of the petition and voted unanimously in favor of the follow- ing findings: 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception requested. 2. lhat 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. `i hat 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 prov- isions 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 substan- tially derogating from the intent or purpose of such Lexington Zoning b'y-law. 175 Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit the above premises to be occupied for a pony riding school for children for a period of one year from the date hereof, subject to the following conditions: That the premises will be maintained in proper condition so that the business as carried on will not be objectionable to owners of property in the neighborhood, maintaining the premises in a good sanitary condition at all times; that ample parking space will beprovided inside the street line to obviate parking in the street; that no business shall be done after 9:00 o' clock P. M. , that no so-called flood lights shall be used on the premises; that no signs shall be exhibited on the property unless the consent of the Building Inspector of Lexington is obtained; that no build- ing or enclosure shall be constructed without the consent of the Building Inspector of Lexington. This permit is granted on the further distinct pro- vision that proper supervision shall be made so far as parking in the street is concerned either by employing a special police officer or having attendants instructed to request cars parking in the street to move the car into the parking space provided or request the drivers not to park in the street. If parking in the street becomes a nuisance, this permit may be revoked by the Building In- spector. The Board hereby makes a detailed recordofall 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 suuiwized, 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. 27A) A N. Maddison Edward W. Kimball William H. Driscoll Charles E. l''erguson Hdward W Robbins . 176 I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, "'hapter 40, Section 27A, hereby certify that I sent by postage certi- ficate of mailing on the 23rd day of May, 1938, to Matilda M. and Leslie C Wheeler, Sarah C . VanDeusen, Albert E. and Marion C . Olsen, M. Irving and Helen G. Lurrier, Charles H. and Jennie Currier, Chester A. Fogg, Peter and Martin Semonian, Elmina and Howard M Munroe, Leonard K. Dunham, Alexander and Robert Porter, Catherine Dunham, Robert A. and Elizabeth Porter, Harvey C Wheeler, and Edward J. Casey, and also advertised in the Lexington Minute-Man on May 26th, 1938, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals. May 18, 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 27A, to vary the application of section 9D of the Lexington Zoning By-Law with respect to the premises at Woburn Street near Lowell Street, owned by Howard M. Munroe of 344 Lowell Street, Lexington, by permitting the follow- ing: Maintenance of a children' s riding school and pony track. Howard M Munroe (Signature) 344 Lowell Street(Address) NOTICE Lexington, Mass. May 21, 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 Howard M. Munroe and located at Woburn Street, Lexington, the maintenance of a children' s riding school and pony track, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on June 10, 1938, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison, Chairman, Board of Appeals. 177 The meeting adjourned at 9 :50 P. Y. ' A true record, Attest: Clerk