HomeMy WebLinkAbout1939-03-03260
BOARD OF APPEALS MEETING
March 3rd, 1939
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P. M.
Messrs. Glynn, Robbins and Ferguson were present. Assoc-
iate Member Errol H. Locke arrived at 8:10 g. M. The
Secretary and the Building Inspector were also present.
In the absence of Chairman Maddison, Mr. Glynn acted
as Chairman Pro -tem.
At 8:00 P. M. hearing was declared open on the appli-
cation of the Shell Union Oil Corp, for permission to construct
and maintain a one car garage and--lubritorium at 1095 Mass.
Ave. Nine personswerepresent at the hearing.
The notice of the hearing was read by Clerk Robbins,
Mr. A. A. Burns, engineer for the Shell Union Oil Corp.
appeared in favor of the granting of the petition. He said
the corporation wished to add a one car lubritorium which
would be of the same architectural design as the present
building. The addition would be on the right side of the
station. He presented plans and said that the old pits would
be removed. If the petition were granted, all work on cars
would be done inside, which would be a great convenience.
'
The addition would be 12 feet by 26 feet.
The Chairman asked if these were the only changes to be
made, and Mr. Burns said that there would be new floo& lights,
but no new pumps. He said it was planned to move the pumps
nearer together so that they will not take up so much space;.
He said that the original sketch showed a new neon sign, but
the second sketch did not have it in the same place. Mr.
Burns said he thought the addition would be an improvement
to the station. The Chairman asked if they had made provi-
sions to keep the oil drums inside and Mr. Burns said that
they had and that there would be no drums around outside.
.No other persons wished to be heard in favor of the
granting of the petition.
Miss Jane F. Knight of 1088 Mass. Ave. asked if the
granting of the petition would change the zone of the ad-
joining property. The Chairman said that this was not a
change in the Zoning Law and that nothing but the Town
Meeting could change the Zoning Law. He said that this was
not a business district but was a non -conforming use. He
said there was a question as to how much the non-"nforming
use could be increased and that there was a question in
this case as to whether this would be a change or an
improvement.
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Miss Knight said that she was opposed to signs and
lights as she thought they were objectionable.
Mr. H. L. Glidden of 1106 Mass. Ave. said that he was
not opposed to the granting of the petition. He thought
the addition would make an improvement if it would do away
with the old tool box and would improve the looks of the
station. He said that he was in favor unless the proprietors
put up a lot of signs and additional lights. He said this
addition would increase the taxes on the property.
Mr. Roland W. Baldrey of 1071 Mass. Avenue asked if
there was to be any change in the color of the paint, and
Mr. Burns said that there was not. Mr. Baldrey said he
thought the addition would be an improvement.
No other persons wished to be heard and the hearing
was declared closed at 8:29 P. M. The group retired.
- At 8:29 P. M. hearing was deelared.open on the applica-
tion of`the'Lexington-TrustCo.'for the renewal of the
permit to maintain the existing office building located
on Harding Road, Lexington.
No persons appeared in favor or in opposition to the
granting of the petition.
' At 8:30 P. M. hearing was declared open on the appli-
cation of Minnie M. Ryder for permission to renew the
permit to maintain a riding school at 24 Maple Street. No
persons appeared in favor or in opposition to the granting
of the petition.
At 8:45 P. M. hearing was declared open on the applica-
tion of Jennie M. Partridge for permission to use the premises
in the rear of 316-Marrett Road, Lexington, for the storage
and sale of new and used automobiles and trucks and the
repair of the same.
Notice of the hearing was read by Clerk Robbins,
Mrs. Partridge, Eugene H. Partridge, F. K. Johnson,
Randall Richards and Robert H. Eldredge were present at the
hearing.
Mr. Partridge said he was speaking for Jennie M. Partridge.
He informed the Board that the premises in the rear of
316 Marrett Road were formerly used for the manufacture of
ice cream but had not been used for anything much for the
past three years. The building is 60 feet by 70 feet.
There was no entrance from Waltham Street. He said that
Mr. F. K. Johnson wanted to put cars in the building and
fix them up and take them back to the Bedford Street garage.
He said the place was not of much use except for such a
purpose. It has no windows, but of course they expect to
comply with the State and local laws. They would like to
get some revenue from the property in order to pay the taxes.
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The Chairman asked if it was the intention of the
applicant to sell cars on the premises. Mr. Partridge
said that if some one came into the place and wanted to
buy a car, they did not want to have to refuse them, but
there would be no show room or anything like that. He
said that the entrance was from Marrett Road,
The Chairman asked how much unoccupied land there
was in back of the building. Partridge said there was,a
parcel 40 feet by 160 feet. The Chairman asked if there
was any intention of displaying signs, and Mr. Partridge
said that there was not.
Mr. Johnson said that he had been looking for addi-
tional storage facilities and also a place that would be
suitable for the reconditioning of used cars. He would
like to have the privilege of using the yard in the day-
time for workmen to leave their cars. He said the entrance
of the building did not face on any street, but faced on
a vacant lot. He asked Mrs..Partridge to put the in the
word "sales" as he did not want to be penalized by not
being allowed to sell. It would not be a garage in the
sense of the word.
The Chairman asked if any of the remodelling work
would be done out in the yard, and Nor. Johnson replied
in the negative. The Chairman asked if there would be
,
storage of any sort in the yard, and Mr. Johnson said he
would like to be able to leave his employee's cars there
and probably some other cars would be stored there. The
Chairman asked how many cars he thought would be outside
during the day, and Johnson said he believed ten would be
a lot, and at night whatever was outside would be moved
under cover. He said he had never kept any junk around
his premises and would not do so here. The Chairman
asked if the place would be open Sunday or evenings, and
Mr. Johnson replied in the negative.
Mr. Robert H. Eldridge stated that he hated to oppose
this, but he was Chairman of his precinct and he felt that
he represented the members. He said that he lived three
hundred or four hundred yards from the corner and several
people had called him up and said that they thought a
permit of this kind would not be a good thing for the lo-
cality. There are two gasoline stations and a service
station there now, and he believed a permit of this kind
would not improve the location. He said that the neigh-
borhood was residential, although this.corner was in the
business zone. He had heard that a real estate man came
out and said that the district was going down and that
distressed him very much. He said that he was opposed
on the grounds of the other people. He.said that there
were cars and trucks parked around the premises. He said
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there was a First National Store in the block in front of
the proposed garage and several children were around them
all the time.
Mr. Randall` Richards said that he lived on Farmerest
A*& but his sister-in-law lived at 299 Marrett Road, which
is almost diagonally across from the premises in question.
She is in Florida now and requested him to speak against
the granting of the petition. He: said this was a busy
corner and the more traffic, the less safety there would be.
He said he was concerned because there would be ears parked
with 'For Sale" signs on them and he thought the property
would depreciate on account of that. He believed that the
property in the section had already depreciated and the
people felt now that they should get a reduction in their
assessments. The Chairman asked how far Richards' property
was from this corner, and he said it was about 1300 feet.
The Chairman asked if his objection was more because of
cars parked outside or because of the use of the building
itself. He asked if Richards would be equally opposed if
cars were to be stored inside only. Mr. Richards replied
that he would not be as much opposed if there were only
one or two cars parked outside but he thought that eight
or ten ears would be objectionable, He believed that the
safety factors should be considered.
'
Mr. Ferguson asked if it was the custom now for cars
to park in the rear of the building if the yard in front
was full. Richards said that it was not but that the cars
parked in the street and also in the gas station. Mr.
Ferguson said he understood all the cars Johnson would
use would be parked in the rear and not in front.
Mr. Partridge said that no cars ever parked in the
rear of the building. Mr. Richards said he would like the
words "For Sale" stricken out of the application. Mr.
Johnson said that if he were going to be a tenant, he
would not be interested if he would not be allowed to sell
a car. He was not requesting a salesroom and would not
object to a restriction on signs.
The hearing was declared closed at 9:15 P. M.
Upon motion of Mr. Ferguson, seconded by Mr. Robbins,
it was unanimously voted that the Lexington Trust Co.
petition be granted in the following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General Laws,
Chapter 40, See. 27, having received a written petition
addressed to it by the Lexington Trust Co., 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 e
advertised in the Lexington Minute -Man, a newspaper pub-
lished in Lexington, which hearing was held in the Sel-
ectmen's Room, in the Town Office Building on the 3rd day
of March, 1939.
One Associate and 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 tending to show:
No evidence was offered on behalf of the petitioner
or anyone opposed to the granting of the permit, which is
a renewal of a permit previously granted.
At the close of the hearing the Board in private
session on March 3, 1939 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-exington Zoning By-law as to the locus in
question would involve substantial hardship to the peti-
tioner 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 the Lexington Trust Company to maintain the small
real estate office building on Lot 12, Harding Road, subject
to the following conditions: That it shall'be used only
for the sale of land of which development the said lot is
a part; that no sign larger than at present maintained
shall be placed on the building; that the building shall
be maintained in good repair and condition; this permit to
be good for one year from March 3, 1939,
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' 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 interast.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L.Ch.40, Sec.27)
C. EDWARD GLYNN
CHARLES E. FERGUSON
ERROL H. LOCKE
HOWARD W. ROBBINS
EDWARD W. KIMBALL
I. Howard W. Robbins, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 400 Section
' 27, hereby certify that I sent by postage certificate of,
mailing on the 9th day of February, 1939, to Alice E. and
William T. King, Waverley Co-op, Bank, Cora B. Newell,
Lexington Trust Co., Standard Oil Co..of New York, Margaret
E. Ormond, Clarence H. Gleason, Ethel Osgood, Doris Kendrick
Lovell, Harold & Jessie Michelson, Ella K. McClosky, Lueetta
S. Abbott, Palmyra P. Cabeeeiras, Lulu M. Blake, Marion
Daniels, Helen L. Warrington, Leon C. and Grace L. Burt,
Charles L. and Elizabeth Coburn, Orrin L. and Alice C. Dyer,
Louise E. Edgar, William T. Maloney, Roger W. and Frances
A. Lundbert and also advertised in the Lexington Minute -Man
on February 9, 1939, a notice of which the following is a
true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
February 6th, 1939.
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,
on
to vary the application of section 9D of the
Zoning By -Law with respect to the premises at
Road, owned by the Lexington Trust Company of
Masa., by permitting the following:
Maintenance of real estate office.
Lexington I Harding
Lexington,
LEXINGTON TRUST COMPANY
Clarence S. Walker (Signature)
1822 Mass. Ave. (Address)
Lexington, Mass
N 0 T I C E
Lexington, Mass,
Feb. 7th, 1939.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
the maintenance of the existing building located on Harding
Road, Lexington, and owned by the Lexington Trust Company,
as a real estate office, 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 March 3rd, 1939, at 8:15 '
P. M. in the Selectmen's Room, Town Office Building, Lexington.
ARTHUR N. MADDISON
Chairman, Board of Appeals.
Upon motion of Mr. Ferguson,, seconded by Mr. Locke,
it was unanimously voted That the Minnie M. Ryder petition
be granted 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 Charles W. 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 thereby as
they appear on the most recent local tax list and also
advertised in the Lexington Minute -Man, a newspaper pub-
lished in Lexington, which hearing was held in the Sel-
ectmen's Room, in the Town Office Building on the 3rd day
of March, 1939,
One Associate and 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 tending to show.
267
' No evidence was offered on behalf of the petitioner
or anyone opposed to the granting of the permit, which is
a renewal of a permit previously granted.
At the close of the hearing the Board in private session
on March 3, 1939 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 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 Charles V. Ryder to use the premises
at 24 Maple Street for the purpose of renting riding horses,
subject to the following conditions;
1. That sufficient space shall be maintained in
such condition that it can be used for the parking of
customerst automobiles, and that no parking of customers
shall be permitted 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 Building Inspector shall be permitted on the premises;
4. That customers using the horses shall not be per-
mitted 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
maintained on the premises;
6. That this occupancy of the premises shall be
carried on in such a manner as will not be objectionable
to the neighborhood;
7. That this permit shall expire on March 3, 1940.
268
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 interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L,Ch.40, Sec. 27)
C. EDWARD GLYNN
ERROL H. LOCRE
CHARLES E. FERGUSON
HOWARD W. ROBBINS
EDWARD W. KIMBALL
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 certifi-
,
cate of mailing on the 9th day of February, 1939, to Helen
Wiggins, Martin and Catherine Casey, John T. Cosgrove, A.
Elizabeth Day, Emily L. F. Nelles, James S. Montague, Minnie
M. Ryder, Mary W. Duffy, Edward L. Tyler, George E. Ham,
Charles P. VanAlstine, George Nelson, Mary E. Caffey, Samuel
B. Chapman, Charles W. and Robert L. Ryder, Trs., Elmina
and Howard Munroe, Boston and Lowell R. R. Corp.,,-Lexington
Trust Co., and also advertised in the Lexington minute Ian
on February 9th, 1939, a notice of which the following is
a true copy.
Howard W. Robbins
Clerk, Board.of Appeals
February 3rd, 1939
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 400 Section '
27, to vary the application of section 9A of the Lexington
269
' Zoning By -Law with respect to the premises at No. 24 Maple
Street, owned by Minnie M. Ryder of Lexington, by per-
mitting the following; Maintenance of a riding school.
Charles W. Ryder.(Signature)
51 Melcher St, (Address)
Boston
N O T I C E
Lexington, Massa
Feb. 7th, 1939.
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 Minnie M. Ryder and located at
24 Maple Street, Lexington, the maintenaftee of a riding
school,, -under the Lexington Zoning Law, or in accordance
with Chapter 40, Section 27A of the General Laws and amend-
ment.
The hearing will be held on March 3rd, 1939, at 8:30
P. M., in the Selectmen's Room, Town Office Building, Lex-
ington.
Arthur N. Maddison
Chairman, Board of Appeals
Upon motion of Mr. Ferguson,'seconded by Mr. Robbins,
it was unanimously voted that the Shell Union Oil Corp.
petition be granted in the following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General haws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by the Shell Union'Oil Corporation, 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 3rd day of March, 1939.
One Associate and 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 tending to show:
That he wished to construct a lubritorium 15t x 24'.6"
'
annexed to the building now on the premises;
270
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That the type of construction would be the same as '
the existing building and would contain a lift;
That they intend to remove the out -door lift and out-
door pit and tool -box;
That they intend to add one flood light and a new Neon
sign.
Evidence was offered on behalf of persons opposing the
petition tending to show that they did not wish to see any
change made which would affect the zoning of the adjoining
property;
That they did not wish to have installed additional
flood lights or additional signs.
At the close of the hearing the Board in private
session on March 3, 1939 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 -substan-
tially derogating from the intent or purpose of such Lex-
ington Zoning By-law.
Pursuant to the said findings, the Board hereby unan-
imously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit the Shell Union Oil Corp. located at 1095 Mass.
Ave., Lexington, to construct and maintain a lubritorium
approximately 15' x 241 6", substantially in accordance
with plans submitted, which are marked "D-5542, dated
2/3/39" and "D-5543, dated 2/3/39", under the following
conditions: That the type of construction shall be similar
to that of the existing building on the premises; that the
existing out-of-door lift and pit and tool -box shall be
removed; that there shall be no additional lights and that
there shall be no additional signs; that the premises shall
be maintained in good condition at all times and that no
storage of any nature shall be allowed outside of the build- '
Ing; that the work shall be completed within six months of
the date of this permit.
271
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 9th day of February, 1939, to Alice S.
Kennedy, Trustee, Lexington Home for Aged People, Joseph
Trani, Bruce Lewis, Louis J. and Clara Reynolds, Emily A.
Pierce, Heirs of, James and Martha Holt, Roland W. and Edna
Baldrey, Wealthea A. Flanders, Jane P. Knight, Inman Trust
Co., Ethel M. Glidden, James L. and Flora Doyle, Ethel M.
and A. Gertrude Hartwell, Louise Edgar, James Truran,
Leonard E. and Gertrude W. Goguen, George C. Wheaton, Nellie
M. Perry, Edward G. and Vira.G. Wheaton, Lexington Trust
Co., Helen Wiggins, Martin and Catherine Casey, A. Elizabeth
Day, John T. Cosgrove, Blackstone Savings Bank, George P.
Holbrook, Elizabeth Frost, Ernest W. and hoary E. Clark,
Quinton and Adelina Boselli, Hillside Co-op. Bank, John L.
Nutthall, Walter Beatty, Medway* Savings Bank, Eva D. and
Charles A. Weimer, Adolphus F. Guerke and Shell Union Oil
Corp., and also advertised in the Lexington Minute -&an on
February 9, 19392 a notice of which the following is a true
copy.
Howard W. Robbins
Clerk, Board of Appeals
February 6, 1939
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
' Gentlemen:
The undersigned hereby petition the Lexington Board of
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 interest.
BOARD OF APPEALS OF LEXINGTCK
(Appointed under G.L.Ch.40,Sec. 27)
C. EDWARD GLYNN
ERROL H. LOCKE
CHARLES E. FERGUSON
HOWARD W. ROBBINS
EDWARD W. KII93ALL
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 9th day of February, 1939, to Alice S.
Kennedy, Trustee, Lexington Home for Aged People, Joseph
Trani, Bruce Lewis, Louis J. and Clara Reynolds, Emily A.
Pierce, Heirs of, James and Martha Holt, Roland W. and Edna
Baldrey, Wealthea A. Flanders, Jane P. Knight, Inman Trust
Co., Ethel M. Glidden, James L. and Flora Doyle, Ethel M.
and A. Gertrude Hartwell, Louise Edgar, James Truran,
Leonard E. and Gertrude W. Goguen, George C. Wheaton, Nellie
M. Perry, Edward G. and Vira.G. Wheaton, Lexington Trust
Co., Helen Wiggins, Martin and Catherine Casey, A. Elizabeth
Day, John T. Cosgrove, Blackstone Savings Bank, George P.
Holbrook, Elizabeth Frost, Ernest W. and hoary E. Clark,
Quinton and Adelina Boselli, Hillside Co-op. Bank, John L.
Nutthall, Walter Beatty, Medway* Savings Bank, Eva D. and
Charles A. Weimer, Adolphus F. Guerke and Shell Union Oil
Corp., and also advertised in the Lexington Minute -&an on
February 9, 19392 a notice of which the following is a true
copy.
Howard W. Robbins
Clerk, Board of Appeals
February 6, 1939
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
' Gentlemen:
The undersigned hereby petition the Lexington Board of
272
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. 1095
Massachusetts Ave., owned by the Shell Union Oil Corp.
of 787 Commonwealth Ave., Boston, by permitting the follow-
ing: Construction and maintenance of a one -car garage and
lubritorium addition to existing service station building.
Shell Union Oil Corp. (Signature)
787 Commonwealth Ave. (Address)
Boston
N 0 T I C E
Lexington, Mass,
Feb. 7th, 1939.
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 Shell Union Oil Corp. and
located at 1095 Massachusetts Ave., Lexington, the constru c -
ion and maintenance of a one -car garage and lubritorium,
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 March 3rd, 19390 at 8:00
P. M., in the Selectmen's Room, Town Office Building, Lex-
ington.
Arthur N. Mgddison
Chairman, Board of Appeals
Mr. T. A. Custance appeared before the Board and dis-
cussed informally the restrictions on the .Child's filling
station at the corner of Watertown Street and the Concord
Turnpike.
It was decided to take no action on the petition of
Jennie M. Partridge at the present time.
The records of the meeting held on February 1st were
declared approved.
The meeting adjourned at 10:40 P. M.
A true record, Attest:
Clerk
1
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273
' BOARD OF APPEALS MEETING-P+_ARCH 16, 1939.
n special meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 6:00 P. Fd. Messrs,
Glynn, Ferguson, Robbins, and Locke were present. The Secre-
tary was also present. In the absence of Chairman Maddison,
Mr. Glynn served as Chairman Pro -tem.
The records of the meeting held on March 3, 1939 were
declared approved.
The Chairman said that the meeting had been called to
discuss'the Partridge petition.
Upon motion of Mr. Ferguson, seconded by Mr. Robbins,
it was unanimously voted to grant the petition in the following
form (Mr. Kimball wishing to be recorded in favor):
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 Jennie M. Partridge, 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 3rd day of March, 1939.
One Associate and 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 tending to show:
That she wished to lease the premises at the rear of 316
Marrett Road to F. K. Johnson, Inc., for the storage of automo-
biles and trucks and the reconditioning of same;
That there would be no storage of automobiles, or parts outside
of the building, but they would wish to park automobiles,in
the side yard during business hours;
That all work done on the premises would be during business
hours;
That there would be no sales of automobiles except occasional
sales that were incidental to the handling of used cars;
That there would be no "For Sale" signs exposed on the premises.
' Evidence was offered on behalf of those opposing the granting
of the petition tending to show that it would depreciate the
value of property in that locality; that it would create an
274
additional traffic
hazard through the necessity
of automo-
biles crossing the
sidewalk to gain access
to the premises;
that they objected
to any "For Sale" signs
being displayed
on the premises.
At the close
of the hearing the Board
in private session
on March 16, 1939
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 unani-
mously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary to
permit Jennie M. Partridge to allow the premises at the
rear of 316 Marrett Road, Lexington, to be occupied by
F. K. Johnson, Inc. for the purpose of the storage and re-
conditioning of automobiles and trucks.. under the following
conditions:
1. That there shall be no storage of motor vehicles
or parts or equipment or accessories thereto outside of the
building; but this shall not prevent the parking of motor
vehicles in the side yard during regular business hours --
motor vehicles so parked not to exceed 10 in number;
2. That there shall be no "For Sale" signs displayed;
and that only such sales shall be made on the premises as
are occasionally necessary and incidental to the handling
of used cars;
3. That the premises shall be kept in a neat and clean '
condition;
4. That there shall be no parking. of motor vehicles
belonging to the occupant upon the adjacent streets;
275
5. That this permit shall remain in force only during
' the occupancy of F. K. Johnson, Inc.
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 hereinbe-
fore 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)
C. EDWARD GLYNN
EDURD IN. KIMBALL
CHARLES E. FERGUSON
HOWARD W. ROBBINS
ERROL H. LOCKE
' 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 15th day of February, 1939, to Mabelle D.
Beers, Helen C. McCormack, Ames Munroe, Irvin T. Gould, Mil-
dred T.'Gould, William D. MacDonald, George G. Whiting, Fritz
Wihtol, Thomas G. Whiting, William H. Smith, Alice L. Tebbetts,
Marshall L. Tebbetts, Jenney Mfg. Co., Lulu 14. Blake, Lex-
ington Co-operative Bank, Annie Lampron, Margaret S. It-iacKenzie
et als, A. F. Baker & Co., Camile J. and Anna Tremblay,
Gaetano & Berta Francescelli, George W. and Helen M. Ewing,
Jennett L. Bennett, George A. Givan, Anna 11. Gott, Nary
Marshall, Sidney B. and Margaret W. Heywood, Jennie M. Par-
tridge, Thomas & Matilda Davison, Catherine F. Stevens,
14argaret M, Lynch, William F. and Jennie A. Downs, Elizabeth
T. Keefe, William O'Connor, Evelyn B. Soar, Howard I. and
Nellie J. Saunders, Sarah Gaddis, Charlotte L. and 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 Ia"cIntosh,
Tr., Tage Frey, Lois &i. Durling, Sarah Greaves, Medford Trust
Co., Betty E. Krulee, Grace L. Hinckley, E=Agar W. and Friarion
B. Houghton, John F. and Elizabeth F. Downey, Ralph E. and
Florence V. Cox, E. J. Weldon and iiazel B. Morrison, Warren S.
Grant, Aubrey and Sadie W. Caldwell, Ransom F. and Eva I.
Williams, Patrick P:lalloy, Jeanette B. Fountain, Watertown Co-op.
Bank, Marguerite E. Comman, Charles J. and Margaret F. Martin,
276
Clarence E. and Catherine M. McElman, Lawrence A. and Eleanor '
Husted, Irving A. and Ethel U. Rich, Irene S. Murphy, Francis
V. Healey, Margaret M. Neal, Hilda M. Arvidson, Home Owners
Loan Corp. and also advertised in the Lexington Minute -Man
on February 16, 1939, a notice of which the following is a
true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
February 13, 1939
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-e of the Lexington
Zoning By -Law with respect to the premises at the rear of
316 Marrett Road, owned by Jennie M. Partridge of Lexing-
ton by permitting the following: sale of new and used '
automobiles and trucks; sale of automobile and truck parts,
accessories and supplies; general automobile and truck
repairing; used automobile and truck reconditioning, storage
of new and used automobiles and trucks.
Jennie M. Partridge (signature)
302 Marrett Road (Address)
N O T I C E
Lexington, Mass.
February 14, 1939,
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 Jennie M. Partridge and located
at the rear of 316 Marrett Road, Lexington, storage and
sale of new and used automobiles and trucks and the repair
of same, under the Lexington Zoning Law or in accordance
with Chapter 40, Section 27A of the, General Laws, and amend-
ments.
mend-
ments.
The hearing will be held bn March 3rd, 1939, at 8:45
P. M., in the Selectmen's Room, Town Office Building..Lexington.
ARTHUR N. MADDISON
Chairman, Board of Appeals ,
IThe meeting adjourned at 8:40 P. M.
A true record, fittest:
1
1
Clerk
277