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
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' 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:
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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" _ '�
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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,
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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
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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�
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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.
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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.
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' 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
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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.
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