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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