HomeMy WebLinkAbout1939-06-2313
' BOARD OF APPEALS MEETING
June 23, 1939.
A meeting of the Board of Appeals was held in the
Seledtmen's Room, Town Office Building at 8:00 P. M.
Mr. Glynn and the Secretary were present.
At 8:00 P. M. hearing was declared open upon the
application of Howard M. Munroe for permission to maintain
a children's riding school and pony track at the corner of
Woburn and Lowell Streets.
Mr. Glynn read the notice of the hearing.
Mr. Munroe, Mr. Barber (the operator of the school)
and another man appeared. Mr. Munroe said that they would
like to have the permit granted as in the past few years.
He said they had two signs, and that cars had not parked
on the road.
The Chairman asked if they had had any complaints
from the neighbors, and Mr. Barber replied in the negative.
He said they closed every evening at 8:00 P. M. The Chair-
man asked if they had lived up to the conditions of the
permit, and Mr. Barber said that they had. They retired.
' No persons appeared in opposition.
Messrs. Locke, Ferguson, Robbins and Kimball wishing
to be recorded in favor, the petition was 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 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 Lex-
ington Minute Man, a newspaper published in Lexington, which
hearing was held in the Selectmen's Room, in the Town Office
Building on the 23rd day of June, 1939.
One member of the Board of Appeals was 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 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 (1501) from
the junction of Woburn and Lowell Streets, in the same manner
as in previous years.
14
c~�
No persons appeared in opposition. 1
At the close of the hearing the Board in private session
on June 23, 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 w hick 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 Lexington I 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 above premises to be occupied for a pony
riding school for children for a period of one year from
June 10, 1939, 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 be provided 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
building or enclosure shall be constructed without the con-
sent 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
15
' 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
Inspector.
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 herdin-
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 be open to public inspection and that notice of this
decision shall be mailed forthwith to each party in interest.
Gentlemen:
The undersigned hereby petition the Lexington Board of
' Appeals, appointed under General Laws, Chapter 40, Section
27, to vary the application of Section 9 (d) of the Dexington
BOARD OF APPEALS OF LEXINGTON
(Appointed under C.L. Ch. 40, Sec. 27)
C. Edward Glynn
Errol H. Locke
Charles E. Ferguson
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 certificate of
Mailing on the 2nd day of June, 1939 to Sarah C. VanDeusen,
Albert E. and Marion C. Olsen, H. Irving and Helen G.
Currier, Charles H. and Jennie Currier, Chester A. Fogg,
Peter and Martin Semonian, Elmina and Howard M. Munroe,
Leonard K. Dunham, Alexander and Robert Forter, Harvey C.
Wheeler, Edward J. Casey, Countryside, Inc., Edna D.
Anderson, John A. and Beatrice Hamm, Daniel L. and Helen
P. Cronin, and also advertised in the Lexington Minute -Man
on June 1, 1939, a notice of which the following is a true
copy.
Howard W. Robbins
Clerk, Board of Appeals,
May 22, 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 9 (d) of the Dexington
Zoning By -Law with respect tothe premises at No. - Woburn '
Street near Lowell Street, owned by Howard M. Munroe of
344 Lowell St., Lexington, by permitting the following:
Maintenance of a childrens+ riding school and pony track.
Howard M. Munroe
344 Lowell Street
N O T I C E
Lexington, Mass.
May 31, 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 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 23, 19390 at 8:00
P. M. in the Selectmen's Room, Town Office Building, Lex-
ington.
ARTHUR N. MADDISON '
Chairman, Board of Appeals.
At 8:15 P. M. hearing was declared open upon the
application of George Spellenberg to continue the Super -
Service Express business on Laconia Street. Mr. Spellenberg
appeared.
Mr. Glynn asked him how many cars the garage held, and
he said it held two. Mr. Glynn asked if he had heard any
objections to the permit, and Mr. Spellenberg said he had
not. He said he tried to keep the premises neat and clean
and live up to the conditions of the permit. No other
persons appearing, the hearing was closed at 8:15 P. M.
Messrs. Locke, Ferguson, Robbins and Kimball wishing
to be recorded in favor, the petition was granted in the
following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General Laws, Chap-
ter 40, Section 27,having received a written petition
addressed to it by George H. Spellenberg, 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 e
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 23rd
day of June, 1939.
1
1
One member of the Board of Appeals was 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 desired to maintain a two story building on
land on Laconia Street adjacent to land of Froward M. Munroe,
to be occupied in part as a garage for his express business.
No persons appeared in opposition.
At the close of the hearing the Board in private
session on'June 23rd gave consideration to the subject of
the petition and voted unanimously in favor of the follow-
ing findings:-
1.
indings:_
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. jhat 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 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 George H. Spellenberg to maintain a garage for
his express business, known as the Super Service Express,
on the lot of land adjoining that of Howard M. Munroe on
Laconia Street; this permit to continue only so long as he
shall be the proprietor of said express business, but not
in any event beyond June 1, 1944.
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
17
18
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. LOCKE
CHARLES E. FERGUSON
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 cer-
tificate of mailing on the 9th day of June, 1939, to
Frederick B. Witthus, Elmina and Howard Munroe, Henry J.
Nutt, Annie Bierenbroodspot, Waverley Co-op. Bank, John
Waselic, Edward J. Casey, William A. Murray, John A. Butcher,
William E. Spellenberg, Sabatino Stacchi, John P. and •
Mary K. Murray, Solomon C. Samourian, Frank A. and J. William
Korman, Julia E. Rundlett, Alicia M. Rundlett, George H.
Spellenberg, and also advertised in the Lexington Minute- '
Man on June 8th, 19390 a notice of which the following is
a true copy.
HOWARD W. ROBBINS
Clerk, Board of.Appeals.
June 8, 1939.
Lexington Board of Zoning "ppeals
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 (a) of
the Lexington Zoning By -Law with respect to the premises
at Laconia Street, owned by George H. Spellenberg of
Lexington by permitting the following:
Maintain a garage for the Super Service Express Business.
George H. Spellenberg '
Laconia St., Lexington
19
1
N O T I C E
Lexington, Mass.
June B, 1939.
The Board of Appeals will hold a hearing on the matter
of varying. the application of the Zoning Law by permitting
the continuance of the Super Service Express business on
the premises owned by George H. Spellenberg and located on
Laconia Street, Lexington, 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 23rd, 1939, at 8;15
F. M., Selectmen's Room, Town Office building, Lexington.
ARTHUR N. MADDISON
Chairman, Board of Appeals.
The meeting adjourned at 8:18 F. M.
A true record, Attest:
' Clerk "
4 "
1