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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. 261 1 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. 262 1 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 , 263 ' 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, L 1 265 ' 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 rTJ 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 J 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