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HomeMy WebLinkAbout1939-07-14 20 BOARD OF APPEALS MEETING July14, 1939. A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P.M. Acting Chairman C. Edward Glynn, and Messrs, Kimball, Ferguson, Robbins and Locke were present. The Secretary was also present . The records of the meetings held on May 26th and June 23rd were declared approved. At 8:00 P.M. hearing was declared open upon the application of Howard M. Munroe for permission to renew his permit for a golf school and driving range on Lowell Street, Lexington. The notice of the hearing was read by Clerk Robbins. Mr. Munroe and two other men appeared at the hearing. Mr. Munroe stated that he would like the permit renewed, and said that something happened to the people interested last year so that last year' s permit had not been used. The Chairman asked if different people were going to operate the driving range this year, and Mr. Munroe replied in the affirmative. The Chairman asked if the conditions imposed last year could be complied with this year, and Munroe replied in the affirmative. He said there would be no changes. The Chairman asked him of he recalled that the Board sug- gested that the driving range be set at an angle so that there would be no possibility of driving toward Countryside, and he said that he did. No other persons wished to be heard in favor or in opposition. Mr. Munroe and the two men retired. Upon motion of Mr. Kimball, seconded by Mr. Locke, it was unanimously voted to grant the permit 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 Lexington Minute-Man, a newspaper published in Lexington, vhich hearing was held in the Selectmen's Room, in the Town Office Building on the 14th day of July, 1939. One associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed, At this hearing evidence was offered on behalf of the petitioner tending to show: That he wished a renewal of the permit granted on June 24, 1938 for a golf driving range on his land on Lowell Street adjac- ent to the Countryside restaurant: • 21 £hat such renewal would be under the same conditions as pre- viously existing. No one appeared in opposition. At the close of the hearing the Board in private session on July 14, 1939, gave consideration to the subject of the peti- tion 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. shat the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-Law. 4. "-hat owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-Law as to the locus in question would involve substantial hardship to the petitionery and that desirable relief may be granted without substantiallycrogating 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 Lexington Zoning By-Law is hereby varied so far as may be necessary to permit Howard M. Munroe to use a portion of his land on Lowell Street in the rear of Countryside restaurant for a golf school and driving range, subject to the following conditions : 1. Ilhat the tees shall be placed back from the street line of Lowell Street at least 90 feet, and approximately in the rear of the gasoline and service station, permit for which was granted March 25, 1038, and the row of tees to be placed at an angle of approximately 45° from the line of Lowell Street, so that the balls will be driven away from the Countryside restaurant; 2. That the operation of the driving range and golf school shall cease by 11:00 o'clock P.M. ; 3. That sufficient parking space on the land of Mr. Munroe shall be provided to obviate parking on the street; 4. That this permit shall expire on July 1, 1940. i'he Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set 22 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. LOCKE EDWARD W. KIMBALL CHARLES E. FERGUSON 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 3rd day of July, 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 Porter, Catherine Dunham, Robert A. and Elizabeth Porter, Harvey C. Wheeler, Edward J. Casey, Countryside, Inc. , Edna D. Anderson, John A. And Beatrice Hawn, Daniel L. and Helen P. Cronin, and also advertised in the Lexington Minute-Man on June 29th, 1939, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals. June 26, 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 (a) of the Lexington Zoning By-Law with respect to the premises at Lowell Street, owned by Howard M. Munroe of 344 Lowell Street by permitting the following.: Renewal of permit for a golf school and driving range. IIHoward M. Munroe (Signature) 344 Lowell Street (Address) Lexington, Mass. 23 NOTICE Lexington, Mass. June 29, 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 Lowell Street, Lexington, the renewal of a permit for a golf school and driving range, 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 July 14th, 1939, at 8:00 P.M. , Selectmen's Room, Town Office Building, Lexington. ARTHUR N. MADDISON Chairman, Board of Appeals. Letter was received from Irving Currier, proprieter of Countryside, Inc. , stating that because of lack of funds it would be impossible for him_ to complete the lubritorium in connection with his gasoline station this summer. He thought it would be next spring before he would have sufficient funds to finish it. Upon motion of Mr. Kimball, seconded by Mr. Ferguson, it was voted to grant Mr. Currier an extension of time to July 1, 1940 within which to complete the lubritorium in conformity with the plans originally submitted. At 8 :10 P.M. hearing was declared open upon the application of Charles E. Jr. and Lura M. Teeter for permission to alter the one family dwelling at 463 Concord Avenue, Lexington to accomodate two families. Mr. Teeter appeared. The notice of the hearing was read by Clerk Robbins. Mr. Teeter said that two years ago they made alterations on the old concreteblock house on Concord Avenue which then consisted of three separate buildings. They tore down the barn and rebuilt the garage, and it seemed best then, for architectural reasons to make that part into two stories. They finished the outside at that time. they thought, the second story over the garage would be an ideal place for an apartment for his parents. Mr. Teeter's father is a physician in Newark, N. J. , and had a heart attack some time ago, so the son is trying to persuade his father to give up his practice and move to Lexington with him. He said there would be no change in the exterior of the building, but he would want to finish the interior of it. He has learned that the house had been used previously as a two-family dwelling. He submitted plans ' showing the proposed work. He wants to make an apartment with five rooms. Mr. Teeter said that this would help him in carrying the place. The Chairman asked if the portion over the garage was unused at the present time, and Mr. Tweter replied in the affirmative. 24 Mr. Teeter said that when the alterations were made, it was his understanding that the contractor filed the plans for the making of this apartment, and has just learned that this was not the case. The Chairman asked if this apartment was to be used by Mr. Teeter's parents, but if they did not use it, if he would want to continue to use it as a two family dwelling. Mr. Teeter said that perhaps when his son grew up he might want to live there. He said he talked with his immediate neighbors, who had no objection to the granting of the permit. The Chairman wondered if allowing a two family house in this locality would have a bad effect on the development of a single family district. Teeter said that some of the houses in the vicinity were two family houses now. The Chairman asked Mr. Teeter how long ago he made the outside alterations, and he replied that he made them two years ago. Mr. Ferguson asked if it was his intention to rent to just anyone that came along, and Mr. Teeter said that he wanted the apartment for his immediate family. He said that he would not want just anyone for his neighbor. No persons appeared in opposition. Mr. Kimball moved that the Board permit the alteration of the one family house at 463. Concord Avenue to accomodate two families, and the use for such a purpose during the occupancy of the present owners, 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 E. Jr. , and Lura M. Teeter, 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 14th day of July, 1939. One associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: 'hat in making improvements to the premises at 463 Concord Avenue, Lexington, he had built a second story over the garage, which space has been unused, and desired to construct therein accomodations for another apartment to be occupied by his father and mother, and possibly at &ogle later date by his son; 25 That no changes would be made in the exterior appearance of the house. At the close of the hearing the Board in private session on July 14th 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 Lexington Zoning By-law is hereby varied so far as may be necessary to permit Charles E . Jr. , and Lura M. Teeter to make alterations in the one family dwelling at 463 Concord Avenue, Lexington, so that it will accomodate two families - such alterations to be in accordance with a plan entitled "Alterations on House for Prof. Charles E. Teeter, Jr. #463 Concord Avenue, Lexington, Mass . ", submitted at the hearing, and to use the premises for the occupancy of two families, only so long as Charles E. Jr. , or Lura M. Teeter shall occupy one of the apartments, upon the further condition that there shall be no alteration of the exterior appearance of the building. 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 tris record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS (Appointed under G.L. Ch. 40, Sec. 27) 26 C. EDWARD GLYNN ERROL H. LOCRE EDWARD W. KIMBALL CHARLES E. FERGUSON 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 3rd day of July, 1939, to Frank Dias, John Dias, Jr. , Lewis E. and Vera A. Best, Pauline N. Howard, John A. Sellars, Duncan E. Barker, Jessie P. McCormack, City of Waltham, Lily C. Johanson, Thomas W. Baylis, Charles E. Jr. , and Lura M. Teeter, and also advertised in tie Lexington Minute-Man on June 29th, 1939, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals. June 27, 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 vay the application of section 9 (c) of the Lexington Zoning By-law with respect to the premises at No. 463 Concord Avenue owned by Charles E. Jr. , and Lura M. Teeter of Lexington by permitting the following: finishing the east wing over the garage as an apartment for my parents. The outside has been finished for two years and only the inside finishing remains:. Charles E. Teeter, Jr. Lura Shaffer Teeter (Signature) 463 Concord Avenue (Address) Lexington, Mass. NOT I C E Lexington, Mass. June 29, 1939. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the 27 premises owned by Charles E. Jr. , and Lura M. Teeter and located at 463 Concord Avenue, Lexington, the alteration of a one family dwelling to accomodate two families, 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 July 14, 1939, at 8:10 P.M. , in the Selectmen' s Room, Town Office Building, Lexington. ARTHUR N. MADDISON Chairman, Board of Appeals. Mr. Locke seconded the motion, and it was so voted unanimously. The meeting adjourned at 9 :05 P.M. A true record, Attest : C erk