HomeMy WebLinkAbout1940-08-23BOARD OF APPEALS MEETING
August 23, 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 and Brown were present. Miss Elinor Moakley,
acting secretary, was also present.
At 8:00 P. M. hearing was declared open on the applica-
tion of R. Lockwood Tower for permission to maintain a real
estate office and sign on Lot 51, Follen Road.
Mr. Locke acted as Clerk Pro -tem and read the notice of
the hearing.
Mr. W. S. Caouette appeared representing Mr. Tower. He
presented a plan showing the development of the land in that
area owned by Mr. Tower and also showing the lots which had
been sold. He said that about twenty-five acres of this
land had been opened up and they were planning on opening up
100 more acres. He said that they had a fine type of devel-
opment and a very desirable type of house was being built
there. He presented a sketch of the building they wished to
erect. This building would be 12 feet by 22 feet in the
' main, plus a small extension of four or five feet where they
would store signs. He said this building would be used as
an office and meeting place. There would not be any large
signs around the office and in no event would they want one
exceeding 3x5 feet. He said the building would be set back
thirty feet from the street line and would be no closer
than 15 feet to either side line. The lot they desired to
putthe building on is located on the southwesterly corner
of the intersection of Follen Road and Locust Avenue ex-
tension. Mr. Caouette said he felt it would be a very
attractive building.
Mr. Kimball asked what disposition would be made of
the building when they no longer needed it for a real estate
office, and bir. Caouette said that often tunes they were
sold to private individuals as they could be moved. Mr.
Kimball asked if the building would have lights and he
replied in the affirmative. Mr. Caouette said he hoped
that the permit would be granted.
The hearing was declared closed at 8:15 P. M.
At 8:15 P. M. hearing was declared open on the application
of the Lexington Real Estate Trust for permission to increase
the capacity of the underground tanks for storage
of gasoline and oil on the premises
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located at the corner of Lowell and North Streets, Lex-
ington.
Mr. Locke read the notice of the hearing.
Mr. Robert L. Ryder appeared and said thatin 1929
the Ryders were working with the Planning Board on a
number of projects among which was the proper development
of the area in question. He said that he could not recall
the details, but at that time he was the owner of three
corners of the property at Lowell and North Streets.
He presented a plan showing the location. He said at
that time, Lowell Street was quite narrow and the point
of Lot C extended out into what is now the road. In
order to get into the part of North Street on the other
side of Lowell Street, is was necessary to make more or
less of a detour. Mr. Ryder said he wanted the situation
improved or corrected and after taking the matter up with
the Planning Board, they reached an agreement whereby
Mr. Ryder would give land on each side of North and
Lowell Streets to the Town to straighten out the corner,
and in consideration of this, he was given a permit for
gasoline on the corner of North and Lowell Streets-. Also,
the four corners at this location were zoned for business.
Mr. Ryder said he gave the town nine or ten parcels of '
land and the streets were widened to make Lowell Street
a sixty foot street and North Street a fifty foot street.
Mr. Ryder said he asked for 2000 gallons at that time
and thought it would be ample. Due to changing conditions,
most of the tanks now are 2500 gallons and the gasoline
companies do not like to go to outlying districts to
deliver any smaller quantities. Consequently, every
time he tried to get anyone interested in leasing or
buying the property, he could not do so on account of
the small capacity of the tanks. He said, however,
that he now had a very good chance to dispose of the
property to one of the major companies if he can get
the gallonage increased. Mr. Ryder said he felt this
should be granted inasmuch as he had carried the property,
for ten years and now felt he could realize something
from it. He felt it would be a good thing for both him
and the town as the property was not assessed for very
much now and they would put in a very good building*
He presented a picture of a similar building constructed
by the company desiring to purchase the property.
He said that the building would be set back 50 or 60
feet from the street line and felt it would be a very
desirable thing in this location. Mr. Kimball asked
how much capacity he was asking for and D r. Ryder said
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' he would like 7,500 gallons of gasoline and 1,000 gallons
of oil. Mr. Ryder said that the plans for the building,
etc. would be submitted at a later hearing. Mr. Kimball
said that usually the Board put some restrictions in a
permit as to the length of time in which the changes should
be made and Mr. Ryder said he felt two years would be suffi-
cient time. Mr. Ryder said he hoped that the petition
would be granted, and he retired.
The hearing was declared closed at 8:40 P. 1J.
The Board considered the petition of R. Lockwood Tower,
and upon motion of Mr. Brown, seconded by Mr. Locke, it
was voted that the permit be granted for the erection and
maintenance of a real estate office and sign on Lot 51
Follen Road, owned by R. Lockwood Tower, 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 R. Lockwood Tower, 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 pub-
lished in Lexington, which hearing was held in the Select-
men's Room, in the Town Office Building on the 23rd day
of August, 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 desired
to erect and maintain a real estate office and sign on
Lot 51, Follen Road, owned by R. Lockwood Tower (Mr.
Caouette appearing for the petitioner); that the main
building would be approximately 12' x 221, with a 5'
extension; that they plan to increase their development
by about 100 acres on the southwesterly side of Follen
Road; that in order to property handle their business
it was necessary to have a building of this nature.
No one appeared in opposition.
At the close of the hearing the Board in private
session on August 23, 1940, gave consideration to the subject
of the petition and voted unanimously in favor of the
following findings:
Iso
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 peti-
tioner and that desirable relief may be ;ranted without
substantially derogating from the intent or purpose of
such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unan-
imously decided that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit R. Lockwood Tower to erect and maintain a real
estate office and sign on Lot 51, Follen Road, this being
the lot on the southwesterly corner of Follen Road and
Locust Ave. Extension and owned by R. Lockwood Tower, with
the provision that the property shall be kept in a neat
and attractive appearance; that the sign shall not exceed
3' x 5' and that the building shall be used as an office
building only; further that the building shall be removed
within three months of the expiration of this permit;
this permit to expire one year from date.
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 forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L. Ch. 40, Sec.27)
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EDWARD W. KIMBALL
ERROL H. LOCKS
J. MILTON BROVE
C. EDWARD GLYNN
WINTHROP H. BO'=R
I. Errol H. Locke, 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 cer-
tificate of mailing on the 10th day of August, 1940 to
R. Lockwood Tower and W. S. Caouette and also advertised
in the Lexington Minute -Man on August 8th, 1940, a notice
of which the following is a true copy.
ERROL H. LOCKE
Clerk Pro -tem, Board of Appeals
August 4, 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, Sec-
tion 27, to vary the application of section 9A of the Lex-
ington Zoning By-law with respect to the premises at No.
Lot 51 Follen Road, owned by R. Lockwood Tower, et al, of
Brookline, Mass., by permitting the following: Erection
and maintenance of a real estate office together with a
suitable sign not over 3 x 5 indicating the office to be
a subdivision office for Follen Hill Estates.
R. Lockwood Tower (Signaure)
by W. S. Caouette, Agt.
1772 Mass. Avenue.
Lexington, Mass.
NOTICE
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
the erection and maintenance of a real estate field office
and sign on Lot 51, Follen Road, owned by R. Lockwood Tower,
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 August 23, 1940 at 8:00
' P. M. in the Selectmen's Room, Town Office Building, Lexington,
Mass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
Insert: Lexington Idinute-Man, August 8, 1940
182
Mr. Glynn and Mr. Bowker wished to be recorded in
favor of the granting of the permit;
The records of the last meeting were read and
approved.
The Board considered the petition of Gordon P. and
Robert C. Merriam to change the side line so as to make
equal area of Lot 8 and 8A Oakland Street, and it was
unanimously voted to send the following order to all
parties interested:
The Board of Appeals, acting under General Laws,
Chapter 40, Section 27, having received a written pe-
tition addressed to it by Gordon P. and Robert C. Merriam,
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
Yinute-Man, a newspaper published in Lexington, which
hearing was held in the Selectmen's Room, in the Town
Office Building on the 9th day of August, 1940,
One Associate and three 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 change the side lines to make equal
areas of two adjoining lots located on Oakldnd Street;
that the existing lot lines were recorded previous to
the adoption of the Zoning By -Law and can therefore be
built upon as they stand. A+blue print entitled "Plan
of Land in Lexington, Mass., -June 7, 1940, Scale 1 inch
- 40 ft., J. Bruce Lewis, Civil Engineer, Lexington,
P,fass." and dated June 7, 1940, was offered as evidence.
11r. Iderriam said he understood that the changing of a
boundary constituted relotting and would therefore come
under the provisions requiring 100 foot frontage and
12,500 feet area; that the two lots combined covered
around 24,000 feet with 170 foot frontage; that he con-
sidered this an unreasonably large lot for this location
and felt that two lots of approximately 12,000 square
feet area with the recorded frontages was a reasonable
request and would result in an improved layout.
No one appeared in opposition+
The Board is of the opinion that as no building permit
is involved, the subject of the petition does not fall within
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the regulations of the Lexington Zoning By-law and that
theBoard has no jurisdiction.
Further, that since the two lots can now be utilized
for the erection of dwellings under Section 10, "Existing
Uses and Buildings" of the Zoning By-law, and as the pro-
posed change will not injure the neighborhood, it is the
opinion of this Board that the change in location of the
side lines as shown on the blue print entitled "Plan of
Land in Lexington, Mass., June 7, 1940, Scale 1 inch.40
ft., J. Bruce Lewis, Civil Engineer, Lexington, Mass."
should not be considered as changing the present status of
the lots as to their use under Section 10. "Existing Uses
and Buildings", of the Lexington Zoning By-law.
BOARD OF APPEALS OF LEXINGTON
(Appointed under R.L. Ch -40, Sec. 27)
Edward W. Kimball
J. Milton Brown
Howard W. Robbins
Errol H. Locke
C. Edward Glynn
' I, Howard W. Robbins, 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 cer-
tificate of mailin7; on the 3rd day of July, 1940 to Helen
E. Brennan, Roger P. & Evelene B. Merryman, Calvin W. Childs,
Margaret F. & Harriet S. Collins, Doris H. Hauman, Caroline
A. Holt', Alice H. Locke, Flora B. Houghton, 111'ary L. Jackson,
Gordon P. & Robert C. Merriam, and also advertised in the
Lexington Iuiinute-Man on July 3, 1940, a notice of which the
following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals
June 20, 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 27, to vary the application of Section 9b of the
' Lexington Zoning By-law with respect to the premises at
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No. 8 and ffiA Oakland Street, Lexington, owned ,bT � Gordon
P. and Robert C. Merriam of Lexington, by permitting the
following: To change the side line so as to make equal
areas in two adjoining lots.
Gordon P. Merriam by
Robert C. Merriam, Atty.
Robert C. Merriam
4 Oakmount Circle
Lexington, Mass.
N 0 T I C E
Lexington, Mass.
July 3, 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 Gordon P. and Robert C. Merriam
and located at 8 and 8A Oakland St., Lexington, a change
in the side line so as to make equal areas in two adjoining
lots, 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 August 9, 1940, at 8:00 '
P. t% in the Selectmen's Room, Town Office Building,
Lexington, Mass.
C. Edward Glynn,
Chairman, 'hoard of Appeals
The meeting adjourned at 9:3 P. M.
A true record, Attest:
/OVI d.k
Clerk Pro -tem
BOARD OF APPEALS RECORDS-SEPTM/1BER 20, 1910
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building at 8:00 P. 1.
Messrs. Kimball, Robbins, Locke, Brown, and Bowker were
present. The Secretary was also present.
In the absence of Mr. Glynn, Mr. Kimball acted as
Chairman, Pro -tem.
At 8:00 P. Al. hearing was declared open upon the
application of the David Buttrick Company for permission to
use the small building located at 384 Bedford Street, Lex-
ington, for the storage and sale of apples raised on the
premises.
Inasmuch as no persons appeared in favor or in
opposition to the granting of the petition, no action was
taken on it.
The records of the meeting held on August 23rd were
declared approved.
At 8:15 P. M. hearing was declared open upon the
application of the Colonial Garage, Inc. for permission to
maintain a parking space for automobiles in an area 50 feet
inside the R.1 zone bordering on the C.1 zone, on the land
located at 1686 - 1698 Mass. Ave., and to maintain bowling
alleys in a proposed building to be located on the said
property.
Mr. Eugene Viano and nineteen other persons were
present at the hearing.
The notice of the hearing was read by Clerk Robbins.
Mr. Viano said that this petition was preliminary
to the proposed erection of a business block on the so-called
Valentine property.
When the Zoning Law was put into effect, the business
zone went back to a depth of one hundred feet. Mr. Viano
said that that was no longer adaptable for the type of
stores now being erected. He said that the parking problem
was becoming serious, and that to his knowledge, the parking
problem in Lexington Center had been serious for many years.
The business men consider it a serious hindrance to the
conduct of their business, and he believed that business
had to provide its own parking area.
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He said that Lexington had not had any new '
business construction for many years, but in towns
around, business has been providing its own parking
space. He said that this building would take up the
entire business zone. If the Board granted them the
right, they propose to park in a fifty foot zone in
the rear of the business zone.
Mr. Viano presented a plan of the proposed
building, and also presented a plot plan.
He said the bowling alleys would consist of ten
alleys in the basement of the building, and that there
would positively be no noise coming from the alleys.
Mr. Kimball asked if any part of the bowling
alleys would come within the residential zone, and Mr.
Viano replied in the negative. He said that the alleys
would take in about 75 feet of the basement. He said
that the building would not extend back as far as the
Colonial Garage building. He said that the parking
area would accommodate about 50 cars.
Mr. John Rudd asked if there would be any regulations
on the parking, and Mr. Viano replied in the affirmative.
Rudd asked if cars could park in there at any time, and
Mr. Viano replied in the affirmative. Mr. Rudd asked if
people would not have room enough to park in the street
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after the stores were closed, and Mr. Viano said that
they should, and if they did, they certainly would not
drive around to the rear of the block of stores. Mr.
Rudd asked if he believed that parking after store hours
was necessary, and Mr. Viano said that he did. Mr. Rudd
thought that the noise of people starting cars around mid-
night would be a nuisance. I'Ir. Rudd said that there was
a parking area in the rear of the Town Office Building,
and that the Chamber of Commerce was advocating parking
there. He thought that this parking space was sufficient,
and that Mr. Viano's parking area was not necessary.
Mr. Viano said that the tenant of one of the
stores insisted on parking space.
One man asked how long a permit of this sort would
run, and Mr. Kimball said he believed a permit of this
sort would not be limited.
Mr. Viano said that eventually the business zone
on Puss. Ave. had to grow back from 100' to 150'. He
said that people would not walk to and from a parking
space. He said that he could not rent the largest store
unless there was a side parking area as well as a parking
area in the rear.
' Mr. C. H. Ferguson said the best thing to do would be
to make a study of the whole area and consider taking back
the whole business zone to 1501, rather than to grant this
petition.
Mr. Viano said that people were continually parking
in a residential zone, and as a matter of fact, there was
considerable doubt in his mind if the Town dould stop them
from parking in the residential zone.
No other persons appeared in favor of the granting of
the petition.
Mr. Kimball asked if there were any persons appearing
in opposition, and seventeen persons stood up.
Mr. Harold F. Lombard of 24 Vine Brook Road said that
the people had no objection to the bowling alleys if they
were sound -proof, but if there were windows in the rear that
would open so that noise would escape and disturb the
neighbors, they would object. As far as the parking space
in the rear went, he thought it to be an opening wedge
toward making the lot into a 0.1 zone, rather than an R.1
zone. They would object to that.
Mr. Kimball asked if any persons objected to the bowling
' alleys, and they all said that if they were sound -proof, they
would have no objection.
14r. Viano said that 1.1r. Lombard stated that this was an
opening wedge toward making this into a business zone, but
that they had no intention of building on the rear of the lot.
He said that most of the arguments were based on fear, and
not on logic.
Mr. N. W. Nilson of 19 Vine Brook Road said that he
did not agree that the arguments were based on fear. He said
that the rear of the garage was always used for a parking
space. In the last ten years it has been used for all sorts
of things, and the abutters believed that this was an enter-
ing wedge toward making this a business zone.
A Mr. Davis of 4 Sherburne Road said that if the
parking space was for the good of the community, then it was
up to the Town to provide it, and not the province of an
individual.
Mr. Viano asked if there was any objection to the type
of building, and there was none.
Mr. E. J. Connors of 4 Vine Brook Road said that if
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parking was so important, it might be possible to provide a
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parking space in the front of the building, on the main
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thorofare.
Mr. Locke asked what provision had been made for
ventilation, and Mr. Viano said the building would be
air-conditioned, and that there would be no windows in the
bowling alleys.
No other persons wishing to be heard, the hearing was
declared closed at 8:48 P. M.
Upon motion of Mr. Brown, seconded by Mr. Bowker,
it was voted to grant the petition for the maintenance of
the bolding alleys in the following form:
BOARD OF APPEALS F.ER 1=
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by the Colonial Garage, Inc., 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 neves- '
paper published in Lexington, which hearing was held in the
Selectmen's Room, in the Town Office Building on the 20th
day of September, 1940.
Two Associates and three 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 it was the intention of the Colonial Garage, Inc.
to erect a.building within the present business area locat-
ed at 1698 Mass. Ave. approximately 163 feet on the Mass.
Ave. side, and extending in depth 100 feet;
That they propose to have ten bowling alleys in the base-
ment and seven stores on the first floor;
That the bowling alleys would be as sound -proof as practi-
cal;
That there would be no open windows, and that air-condition-
ing would be installed.
No persons objected, provided the bowling alleys were sound-
proof.
At the close of the hearing the Board in private
session on September 20, 1940 gave consideration to the
subject of the petition and voted unanimously in favor of I 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 thestatus 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 '-exington
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 Colonial Garage, Inc. to build and maintain
ten bowling alleys in the proposed building to be erected
' at 1686-1698 Mass. Ave. as shown on a plan entitled "Store
and Office Building at Lexington, Mass. for the Colonial
Garage, Inc., Eugene J. Viano Pres. 1940, John Edmund Kelley,
Architect, 38 Chauncy St., Boston Mass.", subject to the
following conditions:
1. That the said alleys shall be made as sound -proof as
practical;
2. That outside windows shall not be open at any time while
bowling is in progress;
3. That the premises shall be kept in a neat and orderly
condition.
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 forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L. Ch.40,Sec.27)
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EDWARD W. KIMBALL
'
ERROL H. LOCKE
J. MILTON BROWN
WINTHROP H. BOWKER
HOWARD W. ROBBINS
I,
Howard W. Robbins, Clerk of the Board of Appeals of
Lexingtbbbbn,
appointed under General Laws, Chapter 40, Section
27, hereby certify that I sent by postage certificate of
mailing on the 27th day of August, 1940, to Charles W. &
Robert L. Ryder, Colonial Garage, Inc., James J. & Lucy D.
Walsh, Beatrice F. Morse, Joseph & Annie T. Hurley, Drarg-
aret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney,
Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen E.
Lombard, Benjamin F. & Mildred P. Groot, Clements H. &
Mildred P. Ferguson, Harold S. & Mabel D. Johnson, Lex.
Real Estate Trust, Robert L. Ryder,Tr., Edward J. & Mary
C. Connors, Helen S. Davis & George W. Sootkoff, Daniel J.
O'Connell, Lora B. Worthen, Carrie Norris, Alice M. Hurl-
burt, New England Trust Co. of Boston, Annie Harrington,
Frederick R. Galloupe, John F. & Mary E. Dowd, Arthur N. &
Minnie C. Maddison, Fred W. & Lucy A. Miller, Heirs of
Ada H. Rowse, Oscar F. & Eliz. Sette, Beatrice H. Lamont,
Grace P. Brown, William H. Driscoll, Charles W. Ryder,
Eliz. West, c/o Wm. H. Hill, Bridget Leary, Susan A. Spencer,
'
Sarah E. Comley, Emily Franks, Freda R. Bunker, Emily H.
Morse, Robert T. & Richard J. Spencer, Heirs of James F.
O'Halloran, Gertrude E. Mitchell, S bastiano Nicei, George
H. & Mabel F. Peterson, Lulu M. Bla2e, Catholic Club of
Lexington, Beatrice F. & Wendell H. Burgess, Catherine T.
MacDonald, William 1,1. & Alice S. Crawford, Norbert M. Eng-
lish, Anstiss S. Hunt, Virginia Leavitt, The First Baptist
Church, Edgar J. Thivierge, Bertha M. Baker, Lucy D. &
Bertha 11. Hutchinson, Alice T. McCarthy, Frederick D. Cook,
Herman & Margaret MacKay, Florence P. Cleveland, and also
advertised in the Lexington Minute P:Ian on August 29, 1940,
a notice of which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals
August 20, 1940
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen: '
The undersigned hereby petition the Lexington Board of
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appeals, appointed under General Laws, Chapter 40, Section
27 to vary the application of section 9A of the Lexington
Zoning By -Law with respect to the premises at No. 1698
Mass. Ave. owned by the Colonial Garage, Inc. of Lexington,
by permitting the following: The maintenance of bowling
alleys in a proposed building at the above address.
Colonial Garage, Inc.
Eugene J. Viano, Pres.
1668 Vass. Ave.
Lexington, Mass.
August 20, 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 27, to vary the application of section 9G of the
Lexington Zoning By-law with respect to the premises at
' No. 1686 -1698 Mass. Ave., owned by the Colonial Garage,
Inc. of Lexington by permitting the following: The parking
of automobiles in an area fifty feet inside the R.-1 zone
bordering on the C.-1 zone on Mass. Ave. - This area would
be 215 feet long and 50 feet deep.
Colonial Garage, Inc.
Eugene J. Viano, Pres.
1668 Mass. Ave.
Lexington, Mass.
Lexi ngton, Mass.
August 26, 1940
BOARD OF APPEALS NOTICE
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 Colonial Garage, Inc. and
located at 1686 Massachusetts Avenue, to 1698 Massachusetts
Avenue, Lexington, the parking of automobiles in an area
50 feet inside the R.1 zone bordering on the C.1 zone and
the maintenance of bowling alleys in a proposed building
to be located at 1698 Mass. Ave., Lexington, under the Lex-
192
ington Zoning Law or in accordance with Chapter 40, '
Section 27A of the General Laws and amendi� nts.
The hearing will be held on September 20, 1940, at
8:15 P. M. in the Selectmen's Room, Town Office Build-
ing, Lexington, lass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
Insert: Lexington Minute -lean, Aug. 29th, 1940
Upon motion of Mr. Locke, seconded by Mr. Bowker,
it was unanimously voted to grant the petition for the
maintenance of the parking space 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 Colonial Garage, Inc. 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 publish-
ed in Lexington, which hearing was held in the Selectmen's
Room, in the Town Office Building on the 20th day of Sep-
tember, 1940.
Tvio Associates and three 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 establish a parking space in the
rear and side of the proposed building located at 1686-
1698 Mass. Ave., as shown on a plan entitled "Store and
Office Building at Lexington, R,Iass. for the Colonial
Garage, Inc., Eugene J. Viano, Pres. 1940, John Edmund
Kelley Architect, 38 Chauncy St., Boston Mass."; that
the proposed building would utilize a part of the commer-
cial area and that it was their desire to provide parking
privileges for the customers of the tenants;that he
believed that parking space was a requirement today for
the satisfactory rental of business property.
Seventeen persons appeared in opposition, stating
that in their opinion the use of these premises for park-
ing, especially in connection with the bowling alleys would
create undue noise and would be a detriment to their well-
being, and belief was expressed that this usage was an en-
tering wedge to extend the business area at this location.
193
At the close.of the hearing the Board in private
session on September 20, 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 petition-
er and that desirable 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 unani-
mously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit the Colonial Garage, Tnc. to maintain a parking
area for automobiles in an area -50 feet inside the R.1
zone at 1686 - 1698 Blass. Ave., Lexington, subject to the
following conditions:
1. This parking space shall extend not over 50 feet into the
R.1 district, measured from the present bounds of the present
C.1 district at this point;
2. That there shall be erected and maintained a suitable
continuous fence along the entire back line of the property
between the side lines as shown on a blue print by John
Edraund Kelley, dated 1940 and filed with the Board of Appeals;
3. That the parking of cars shall be confined to those owned
by the tenants, their employees, and customers;
4. This space shall not be permitted for use as accessory
to the Colonial Garage business;
5. That it shall be used only for parking only during the
hours of the business use of the premises.
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 hereinbe-
fore set forth and the testimony presented at the said
194
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)
Edward W. Kimball
Winthrop H. Bowker
Howard W. Robbins
J. Milton Brown
Errol H. Locke
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 27th day of August, 1940, to Charles W. &
Robert L. Ryder, Colonial Garage, Inc., James J. & Lucy D.
Walsh, Beatrice F. .Morse, Joseph & Annie T. Hurley, Pv1arg-
aret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney,
Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen R.
Lombard, Benjamin F. & Mildred P. Groot,.Clements H. &
Mildred P. Ferguson, Harold S. & Mabel D. Johnson, Lex. Real
Estate Trust, Robert L. Ryder, Tr., Edward J. & Mary C.
Connors, Helen S. Davis & George W. Sootkoff, Daniel J.
O'Connell, Lora B. Worthen, Carrie Norris, Alice M. Hurlburt,
New England Trust Co. of Boston, Annie Harrington, Frederick
R. Galloupe, John F. & Mary E. Dowd, Arthur N. and Minnie C.
Maddison, Fred W. & Lucy A. Miller, Heirs of Ada H. Rowse,
Oscar F. & Elizabeth Sette, Beatrice H. Lamont, Grace P.
Brown, William H. Driscoll, Charles W. Ryder, Elizabeth
West, c/o William H. Hill, Bridget Leary, Susan A. Spencer,
Sarah E. Comley, Emily Ffanks, Freda R. Bunker, Emily E.
Morse, Robert T. & Richard J. Spencer, Heirs of James F.
O'Halloran, Gertrude E. Mitchell, Sebastian Nicci, George
H. & Tr,abel F. Peterson, Zulu M. Blake, Catholic Club of Lex-
ington, Beatrice B. & Wendell H. Burgess, Catherine T.
MacDonald, William Y. & Alice S. Crawford, Norbert M.
English, Anstiss S. Hunt, Virginia Leavitt, The First Bap-
tist Church, Edgar J. Thivierge, Bertha 1% Baker, Lucy D.
& Bertha M. Hutchinson, Alice T. McCarthy, Frederick D. Cook,
Herman & Margaret MacKay, Florence P. Cleveland, and also
advertised in the Lexington Minute Man on August 29, 1940,
a notice of which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
1
August 20, 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
27, to vary the application of section 9A of the Lexington
Zoning By-law with respect to the premises at No. 1698
Pass. Ave., owned by the Colonial Garage, Inc. of Lexington,
by permitting the following: The maintenance of bowling
alleys in a proposed building at the above address.
Colonial Garage, Inc.
Eugene J. Viano, Pres.
1668 Mass. Ave.
Lexington, Mass.
August 20, 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
27 to vary the application of section 9G of the Lexington
Zoning By-law with respect to the premises at No. 1686 -
1698 Mass. Ave., owned by the Colonial Garage, Inc. of
Lexington by permitting the following: The parking of
automobiles in an area fifty feet inside the R.-1 zone
bordering on the C.-1 zone on Mass. Ave. - This area would
be 215 feet long and 50 feet deep.
Colonial Garage, Inc.
Eugene J. Viano, Pres,
1668 Mass. Ave.
Lexington, Mass.
Lexington, Mass.
August 26, 1940
195
196
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 Colonial
Garage, Inc. and located at 1686 Massachusetts Ave. to
1698 Massachusetts Avenue, Lexington, the parking; of
automobiles in an area 50 feet inside the R.1 zone
bordering on the C.1 zone and the maintenance of
bowling alleys in a proposed building to be located at
1698 Mass. Ave., 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 September 20, 1940,
at 8:15 P. M. in the Selectmen's Room, Town Office Build-
ing, Lexington, 14ass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
Insert: Lexington Minute -Man, Aug. 29, 1940.
The meeting adjourned at 10:00 P. MI.
A true record, Attest: