Loading...
HomeMy WebLinkAbout1940-06-28150 BOARD OF APPEALS MEETING June 28, 1940 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Chairman Glynn and Messrs. Robbins and Bowker were present. The Secretary was also present. At 8:00 P. M. hearing was declared open upon the application of Herman MacKay for permission to maintain a plumbing shop at 36 Waltham Street, Lexington. Mr. MacKay was present at the hearing. The notice of the hearing was read by Clerk Robbins. Mr. MacKay said that he built a new garage on the premises and was maintaining a plumbing shop in it, and the Building Inspector told him that he should have a permit to do so from the Board of Appeals. Mr. MacKay said that in his application he asked for permission to maintain a sign, but he was not fussy about it. Mr. MacKay said that this would not interfere with the kindergarten at all, as there are separate driveways. He said he had been storing his tools on the premises ever since he bought the place last fall. The Chairman asked if the premises were in the busi- ness district, and be said that it was. His lot is 102' deep, and most of the garage is in the business district. The Chairman asked where he would put the sign, and Mr. MacKay said he had not decided yet, but it probably would be attached to the garage. The Chairman said that inasmuch as the,property was in the business district, he was entitled to eregk any normal sign allowed in a C.1 District. He thought the sign was not a matter for the Board of Appeals to consider. No other persons wishing to be heard, the hearing was declared closed at 8:15 P. M. The records of the meeting held on June 7th were declared approved. Upon motion of Mr. Bowker, seconded by Par. Robbins, it was voted to grant the petition in the following form (Messrs. Locke and Maddison wishing to be recorded in favor:) BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap- ter 4.0, See. 27, having received a written petition 1 D 151 ' addressed to it by Herman MacKay, 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 28th day of bray, 1940. One Associate and two 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 use a garage in the rear of the premises at 36 Waltham Street, Lexington as a plumbing shop; That he has owned the premises since the fall of 1939, and during that period has used the garage for the storage of pipe, et G; That the premises are principally located within the bus- iness district, extending a very few feet into theresidential district in the rear. No one appeared in opposition. At the close of the hearing the Board in private session on June 28, 1940 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 Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimous- ly decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Herman MacKay to maintain a plumbing shop in the garage at the gear of premises at 36 Waltham Street, Lexington, subject to the following conditions: 152 That the premises shall be kept in a neat condition; , That the premises shall not be so used as to become objectionable to neighboring properties. 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 here- inbefore 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 inter- est. BOARD OF APPEALS OF LEXINGTON (Appointed under d.L.Ch.40,' Sec.2'7) C. EDWARD GLYNN WINTHROP H. BOWKR HOWARD W. ROBBINS ARTHUR N. MADDISON ERROL H. LOCKE I. Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, ' s ection 27, hereby certify that I sent by -postage certificate of mailing on the 7th day of June, 1940 to Anstiss S. Hunt, et al, Florence P. Cleveland, Emma J. Clow, Bridget Leary, Susan A. Spencer, Sarah E. Comley, et al, Emily.Franks, Freda R. Bunker, Emily H. Morse, Robert T. & Richard J. Spencer, Jr., Heirs of James F. O'Halloran, Gertrude E. Mitchell, Sebastiano Nicci, Mabel F. Peterson, Rev. William J. McCarthy, Beatrice F. Morse`, Herman B. & Margaret R. McKay, J. Joseph & Anne T. Hurley, Margaret Gallagher, Florence I. Nickerson, Phyllis M. Jenney, Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen F. Lombard, Benjamin F. & Mildred P. Groot, Clements H. & Mildred P. Ferguson, Colonial Garage, Inc., Lucy D. Hutchinson, Bertha M. Hutchinson, Alice T. McCarthy, Bertha M. Baker, Freder- ick D. Cook, Lexington Savings Bank, M. & L. Realty Co., Lillian L. Viano, Trustee, Daniel Daniels, Waltham National Bank, Meyer Rubin and Harry G. Seligman, Universalist Pub- lishing House of Boston, Daniel J. O'Connell, Boston Edison Co., Edward J. & Mary C. Connors, Sylvia Viano, and Herman MacKay, and also advertised in the Lexington Minute Man on the 6th day of June, 1940, a notice of which the following is a true bopy. Howard W. Robbins ' Clerk, Board of Appeals June 3, 1940 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to determine the application of Section 9 (a) of the Lexington Zoning By-law with respect to the premises at No. 36 Waltham Street, owned by Herman MacKay of 36 Waltham St., by permitting the following: A Plumbing Shop and Sign. N 0 T I C E 1 Herman MacKay 36 Waltham Street Lexington, Mass. June 6, 1940 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 Herman MacKay and located at 36 Waltham Street, Lexington, the maintenance of a plumbing shop and sign, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on June 28, 1940 at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. C. Edward Glynn, Chairman, Board of Appeals. The meeting adjourned at 8:35 P. M. A true record, Attest: +Ce k" _ '� 1 153 154 c� BOARD OF APPEALS MEETING July 8, 1940 A meeting of the Board of Appeals was held in the Sel- ectmen's Room, Town Office Building, at 8:00 P. M. Messrs. Kimball, Locke, Bowker, and Brown were present. In the absence of Mr. Glynn, Mr. Kimball acted as Chairman, and in the absence of Mr. Robbins, Mr. Bowker acted as Clerk. A letter was received from William D. Hagerty of 6 Lincoln Street suggesting that all mail for the Board of Appeals be delivered as long as the Post Office is open, which is until 6:00 P. M. The Board felt that this would be im- possible inasmuch as the Town Offices close at 5:00 P. Iii., and no one would be here to receive the mail and be respon- sible for it. At 8:00 P. M. hearing was declared open upon the application of the Middlesex County Sanatorium for per- mission to alter a house on their property located on Walnut Street so as to accommodate more than one family. Mr. Donaldson, acting County Commissioner, appeared at the hearing and presented a plan showing the proposed alterations. it present, the house is a single family residence, and the County Commissioners want to change it to a two apartment house, for the doctors there. Mr. Donaldson said that the second floor would be the same as the first floor. The Chairman asked if this building was for the use of doctors, and he replied in the affirmative. The Chairman asked if it normally would be rented to out- siders, and Mr. Donaldson said that it would not. No other persons appearing, the hearing';was declared closed at 8:14 P. M. After some discussion on the subject, the matter was put to vote. Mr. Kimball said that Tib?. Glynn wished to be recorded in favor of the granting of the petition. Mr. Bowker moved that the permit be granted in the following form: BOARD OF APPEALS PERTJaT The Board of Appeals, acting under.General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Middlesex County Sanatorium, 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 155 ' Office Building on the 12th day of July, 1940. Two Associates and two 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 the Middlesex County Commissioners desired to alter the house located on their premises on Walnut Street, Lex- ington to accomodate two families; that the premises would be occupied by doctors connected with the Sanatorium. A plan dated ----- _ was presented showing the proposed alterations to be the addition of a rear entrance, stairs, and a bathroom. There would be no change in the front of the building. No one appeared in opposition. At the close of the hearing the Board in private session on July 12th 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 re- lief 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 Zon- ing By -Law is hereby varied so far as may be necessary to per- mit the alteration of the house owned by the Middlesex County Sanatorium and located on Walnut Street, Lexington, to accomodate two families so long as it is owned by the Middlesex County and occupied by employees of the County. 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, M.: 156 including that herein summarized, and directs that this record ' immediately following this decision shall be filed -:n 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 underG.L. Ch. 40,See. 27) Edward W.Kimball T. Milton Brown Errol H.Locke Winthrop H.Bowker C.Edward Glynn I, Winthrop H.Bowker, Clerk Pro -tem 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 20th day of June,'1940 to William G. Potter and Sumner H. Remick, Supt. Mid. Co.San., and also advertised in the Lexington Minute -Man on June 20, 1940, a notice of which the following is a true copy. Winthrop H.Bowker Clerk, Pro -tem Board of Appeals. ' June 13, 1940• 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 402 Section 27, to vary the application of section 9c of the Lexington Zoning By -Law with respect to the premises at Walnut Street, owned by Middlesex County. Sanatorium of Waltham & Lexington by permitting the following: Alterations of a one family house situated on the Sanatorium grounds to accomodate more than one family. (Two five room apartments for housing physicians.) ' Sumner H. Remick, M.D. (Signature) SUPERINTENDENT Middlesex County Sanatorium 775 Trapelo Road (Address) I Waltham, Mass. n 157 N O T I C E Lexington, Mass. June 20, 1940. 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 Middlesex County Sanatorium and located on Walnut.,Street, Lexington, the alteration of a house to accomodate more than one family, 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 12th, 1940 at 5:00 P.M. in the Selectmen's Room, Town Office Building, Lexington. C. EDWARD GLYNN Chairman,Board of Appeals. Pr. Locke seconded the motion, and it was so voted. At 5:15 P.M. hearing was declared open upon the applica- tion of Howard M. Munroe for renewal of a permit for a golf school and driving range on Lowell Street. The notice of the hearing was read by Clerk Bowker.. ' Six persons were present at the hearing. The manager of the driving range asked if it would be possible to have the permit granted for longer than one year. He said they had spent quite a lot of money there al- ready, but if they were assured a permit for longer than one Year, they would spend more money. Mr. Brown asked"what they wished to do in the way of further improvements. The man replied that the place would be cleaned up, and would be fenced in more. Mr.Brown asked if he had idea of taking up more space for the driving range, and the man said that.it was pretty well taken up already. Mr. Brown asked if they had had any complaints from ad- joining land owners, and they said they had not. No others wishing to be heard, the hearing was declared closed at 5:20 P.M. Upon motion of Mr.Locke, seconded by Mr.Brown, it was voted to grant the permit in the following form (Mr.Glynn 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 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 4eemed by 158 C� 0-3 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 Build- ing on the twelth day of July, 1940. Two Associates and two 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 him last year, for the maintenance of a"golf driving range on his land on Lowell Str�Vjacent.to the Countryside restaurant, and that such renewa / e under the same conditions as previously existing. No one appeared in opposition. At the close of the hearing the Board in private session on July 12th 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 I 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 Zonig 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 in- tent 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. That 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, 1938, and the row of tees to be placed ' at an angle of approximately 450 from the line of Lowell Street 159 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 P.M.; 3. That sufficient parking space on the land of Mr. Munroe shall be provided to obviate parking on the streets; 4. That this permit shall expire July 1, 1941. The 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 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 underG.L. Ch. 40, Sec. 27) Edward W. Kimball Errol H. Locke J. Milton Brown Winthrop H.Bowker ' C. Edward Glynn I. Winthrop H.Bowker, Clerk Pro -tem 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 20th day of June, o_ to E.W. VanDeusen, AlbertE. and Marion C. Olsen, H. Irvine N��ier, Chester A.Fogg, Peter and Martin Semonian, Elmira and Howard Ivl. Munroe, Leonard K. Dunham, Alexander and Robert Porter, Catherine Dunham, Harvey C. Wheeler, Edward J. Casey, Countryside Inc., Edna D. Anderson, John A. and Beatrice Ham, Daniel L. and Helen P. Cronin, Robert A. and Elizabeth Porter, Charles H. and Jennie Currier, and also advertised in the Lexington Minute -Man on June 20, 1940, a notice of which the following is a true copy. Winthrop H.Bowker Clerk Pro -tem, Board of Appeals. June 18, 1940. Lexington Board of Zoning Appeals Town Office Building ' Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of 160 Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9 (a) of the Lex- ington -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. Howard M. Munroe (Signature) 344 Lowell Street Lexington, Mass. (Address) N O T I C E Lexington, Mass. June 20, 1940. 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 12th, at 8:15 P.M. in the Selectmen's Room, Town Office Building, Lexington. C. EDWARD GL= Chairman, Board of Appeals. The Chairman read a letter from E.W. VanDeuson object- ing to the installation of scales off Woburn St. by James W. Quinn. At 8:45 P.M. hearing was declared open upon the applica- tion of James W. Quinn for permission to install scales at his sand pit off Woburn Street. There were sixteen persons present at the hearing. The notice of the hearing was read by Clerk Bowker. 1 D Mr. Quinn said that he desired to install scales to weigh the material taken from the land there. Tie showed the Board a plan of the land and explained where hb wanted to put the scales. He said he wished to install a twenty ton platform s@-kLlee, and to build a structure 8 x 8 to cover the beam. They would be about the same as those R. H. Stevens has on Utica Street. ' The Chairman asked how many trucks loads of material he 161 ' would average taking out of there a week, and Quinn said that it varied. There might be anywhere from ten to one hundred loads taken out in a week. D. J. O'Connell said that he was speaking on behalf of Daniel L. Cronin of 227 Woburn Street, who opposed the granting of the petition. They do not want the business increased, or anything -else done that would decrease the value of their property. The Cronins counted thirty trucks going in and out in six hours. They said that the noise of loading, noise of trucks, and dust were all objectionable. They built their house on the assump- tion that there would be no material change in the residential neighborhood. Mr. O'Connell said that this contemplated increasing the volume of business. He understood that certain people wanted the loads weighed now, and that was why this request was being made. Mr. Kimball asked how long Quinn had owned the property and operated the pit, and Quinn said he had operated this pit for three years, but had been in the neighborhood for six years. He said that this application had nothing to do with increasing the business. He said that, instead of selling material by the load he now had to sell it by weight. He said that he would guarantee that there would be no increase in the volume of business.. A Mr. Caso said that he had no objection to the installa- tion of the scales, but he wanted to know how far in they would be. Quinn said that they would be about 285 Peet in from the street, and Caso said that he had no objection. Adolph Labes of 195 Woburn Street said that he got most of the dust from the trucks. He said that his house was just been painted recently, but it does not look it. He said that if Quinn wished to operate there, he should oil the road so that the dust would not be disturbed. Mrs. Daniel Cronin of 227 Woburn Street said that she found the steam shovel very noisy. She heard' that Mr. Quinn had purchased five or six acres of land from Howard Munroe, and that would seem an enlargement. She objected to having the scales installed because she felt it was an expansion of the business. Mr. Quinn said he could promise that there would be no expansion. Mr. Cronin said that he wished to be recorded in opposition also. Mr. Martin Semonian said that the trucks were very noisy, raised dust, and the business was objectionable. He was afraid of an increase in business. Mr. James M.Etter of 197 Woburn Street said that the noise and dust were bad enough now, and it was the future he was worrying about. He objected, also. 162 Mrs. Cronin asked that a poll -of those present be ' taken. Twelve voted in opposition, and two in favor. Mr. Quinn said that most of the objection seemed to be against the noise and the dust and not against the scales. The hearing was declared closed at 9:10 P.M. The records of the meeting held on June 28 were approved. The Board decided to ask Mr. Wrightington to meet with them on Monday evening to discuss the Quinn Petition. * At 8: 30 P.M. hearing was declared open upon the app- lication of Howard M. Munroe for permission to maintain a children's riding school and pony track on '°lorburn Street, Lexington, Mr. Munroe, Mr. Barbour, who runs the school, and two other persons were present at the hearing. The notice of the hearing was read by Clerk Bowker. Mr. Munroe said that conditions were the same as in previous years. Mr. Barbour said that he opened up about 1:30 P.M. and closed about 5:00 P.M., although he had the privilege of remaining open until 8:00 P.M. He asked if the permit might be granted for more than one year. No other persons wishing to be heard, the hearing was declared closed at 8:32 P.M. Upon motion of Mr. Brown, seconded by Mr. Locke, it was voted to grant the permit in the following form:: (Mr. Glynn wishing to be recorded in favor) BOARD Off" APPEALS PERMIT The4$oard 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 affect- ed 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, Town Office Building on the 12th day of July, 1940. Two Associates and two 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 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 (150') from the junction of Woburn Street and Lowell Street, in the same manner as in previous year. No persons appeared in opposition. 163 ' At the close of the hearing the Board in private session on July 12th gave consideration to the subject of the petition and voted unanimously in favor of the follow- ing 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 petition- er and that desireable relief may be granted without sub- stantially derogating from the intent or purpose of such Lexington Zoning By-law. ' Pursuant to the said findings, the Board hereby un- animously 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, 1940, 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 pre- mises 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 exp- hibited on the property unless the consent of the Building Inspector of Lexington is obtained; that no building or enclosure shall be construced without the consent of the Building Inspector of Lexington. I. Winthrop H. Bowker, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 20th day of June, 1940, to E. W. ' VanDeusen, Albert E: and 11;arion C. Olsen, H. Irving and Helen C. Currier, Chester A. Fogg, Peter and Martin Semonian, Elmira and Howard 11. Munroe, Leonard K. Dunham, Alexander and Robert Porter, Catherine Dunham, Harvey C. Wheeler, Edward 164 J. Casey, Countryside, Inc., Edna D. Anderson, John A. ' and Beatrice Hamm, Daniel L. and Helen P. Cronin, Robert A. and Elizabeth Porter, Charles H. and Jennie Currier, and also advertised in the Lexington Minute -Man on June 20, 1940, a notice of which the following is a true copy, WinthropH.Bowker Clerk, Pro -tem, Board of,Appeals. June 18, 1940. 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 272 to determine the application of Section 9 (a) of the Lexington Zoning By-law with respect to the premises at Woburn Street owned by Howard M. Munroe of 344 Lowell Street , by permitting the following:" Maintenance of a children's riding school and pony track. Howard M. Munroe (Signature) 344 Lowell Street (Address) Lexington, Mass. N 0 T I C E Lexington, Mass. June 20, 1940• The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises Awned by Howard Munroe and located on 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 July 12, 1940 at 8:30 P.M. in the Selectmen's Room, Town Office Building, Lexington. C. Edward Glynn ' Chairman, Board of Appeals. 1 1 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 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 to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.,L. Ch. 4.0, Sec. 27) Edward W. Kimball Errol H. Locke J. Milton Brown Winthrop H. Bowker C. Edward Glynn The meeting adjourned at 10:00 P.M. A true record, Attest: Clerk Pro -tem. 165