HomeMy WebLinkAbout1941-06-12258
BOARD OF APPFL" S IwIEETIi1G '
June 1-4, 191x1
A meeting of the Board of Appeals vias held at the home
of I;ir. C. Ea,,,'ard Cxlynn, 56 Hancock Street, at 8:15 P. Pi.
TaIessrs. Glynn, ?;inball, Robbins, Loc'_.e, and Brown were
present. The Secretary was also present.
The record of the meeting held on Jure 6th was de-
clared aaproved,with a few minor corrections.
The Board in private session considered the petition
of Frances M. Wilson, Inc., for permission to maintain an
undertaking establishment at 1556 TIass. Ave., Lexington.
Upon motion of Er. Locke, seconded by L. -r. Brown, it
was voted to deny the petition in the following form:
The Board of Appeals, acting under General Laws, Chap-
ter 40, Sec. 127, having received a written petition addressed
to it by Francis M. Wilson, Inc. a copy of which is hereto
annexed, h6ld a public hearing thereon of which notice was
Trailed to the petitioner and to the owners of all property
deemed by the Board to be affected thereby as they appear '
on the riost recent local tax list, and also advertised in
the Lexington Minute aian, a newspaper published in Lexington,
which hearing was held in the Selectmen's Roca, in the Town
Office Building; on June 6, 1941.
One Associate and three rembers 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 they desired permission to maintain an undertaking
establishment at 1556 Mass. Ave., Lexington, the premises
being owned at present by Daniel J. O'Connell; that Frances
E.. Wilson, Inc. had been operating in Somerville for some
forty or fifty years; that it was proposed to have P,rlr. Burt
R. I,Iartin as the resident undertaker, and that he also
probably would live on the premises; that the premises would
be used for both undertaking, and a funeral home, and that it
would be necessary to mane some interior changes in order to
provide a chapel, also a preparation room and living quar-
ters upstairs; that no plans had been drawn up; that the
garage would be used for one car, but probably no hearse would
be kept on the premises; that the property in question is
96' deep with an 80' frontage.
Evidence was offered on behalf of the citizens opposing
the granting of the said petition tending to show that there ,
would be an iir_pairment to the status of the neighborhood
' through the establishment of a funeral horde because of
the peculiar nature of the business; that additional
parking at the point, as well as probable parking in
front of the residentail section, would tend to create
traffic problems. hpproximately twelve people registered
the above objections.
J
At the close of the hearing the Board in private
session on June 12, 1941 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 not be substantially served by the making,
of the exception requested.
2. That the exception requested will tend to impair
the status of the neighborhood.
3. That the exception requested will not be in harriony
with the general purposes and intent of the regulations in
the Lexington Zoning By -lave.
4, That the enforcement of t1le Lexington Zoning By-law
as to the locus in question would not involve practical
difficulty and unnecessary hardship and the relief requested
riay not be granted without substantial detriment to the
public good and without substantially derogating from the
intent and purpose of such Lexington Zoning ty-law.
Pursuant to the said findings, the Board hereby denies
the said petition of Frances P,I. Wi1son, Inc. for permission
to maintain an undertaking establishment at 1556 Mass. Ave.,
Lexington, and in doing so has taken into consideration,
among other thins, the fact that while this property is in
a business zone, the area is actually used entirely for
residentail purposes, and the property is a considerable
distance from any business use; that there was unanimous
disapproval registered by all those recorded at the hearing
excepting the owner and the prospective purchaser.
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 followin this decision shall be
filed in the office of the Town Clerk of Lexington and shall
be a public record and that notice of this decision shall
be mailed forthwith to each party in interest.
BOAPD OF APPEALS OF LEXIpaGTO
(Appointed under G.L.Ch.40, sec. 27)
259
260
Errol H. Locke
C. Edward Glynn
J. T,iilton Brown
Howard 1J. Robbins
I, Howard W. Robbins, Clerk of the Board -of Appeals
of Lexington, appointed under General Laws, Chapter 40,
Section 27, hereby certify that I sent by postage certi-
ficate of mailing on Tray 21, 1941 to Bridget Leary, Vir-
ginia Leavitt, First Baptist Church of Lexington, Edgar
J. Thivierge, Anstiss S. Hunt, et al, Bertha Id. Baker,
Warren E. Russell, James J. & Lucy D. 1alsh, Lora B.
','torthen, Carrie Fdorris, .Iarold ii. & Kartha F. Hookway,
Eugene J. Viano, Francis M. Tlilson, Inc., and Daniel J.
O'Connell, and also advertised in the LexinCton P;'inute-
T.an on T'ay 15, 1941, a notice of which the following is
a true copy.
_HC" 'ARD u1. ROBBINS __
Clerk, board of Appeals
:.=ay 8, 1941
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Pass. '
Lrentleien:
The undersigned hereby petition the Lexington Board
of Appeals, appoir_ted under General Laws, Chapter 40,
Section 27, to vary the application of section 9r. of the
Lexington Zoning_; By-law with respect to the premises at
1556 Eassachusetts Avenue, Lexington, by permitting the
following: ,aintenance of an undertaking establishment.
Francis T.I. `,'vilsor_, Inc.
by Chas. 1. Corwin, Treas.
28 Colledge Ave.
West Soricrville, .,:ass.
Lexington, Tz:ass.
Lay 15, 1941
N 0 T i C E
The Board of Appeals will hold a hearint; on the utter
of varying; the application of the Zoning Law by permitting
on the preises owned by Daniel J. O'Connell and located
at 1556 Yass. Ave., Lexir.-ton, the r.,aintenance of an under- '
261
' takin, establishfaent, under the Lexington tonin:; Lara or in
accordance with Cl,.apter 40, Section 27A of the s --neral Lav's
and amendments.
The hearing will be held on June 6, 1911, at 815 P. I,%
in the Selectiien's Room, Town Office Building, Lexington.
C. EDIIARD GLY1,11,
Chairman, Board of Appeals
Four members voted in favor of the denial of the
petition, and NIr. Kimball voted in opposition to the denial
of the petition.
The Board was influenced in its decision by the fact
that whereas this property is located in a business zone,
there is no actual business use within this zone nearer
than the Colonial Garage, and among those citizens repre-
sentated at the meeting and recorded, there was unanimous
disapproval of the granting of the permit. Also, it felt
that the parking problen,v.ould be made more difficult by
the location of a funeral home near the junction of i•;iass.
Ave., loburn Street, and Winthrop Road.
The meetinT adjourned at 10:20 P. 1,1.
' A true record, Attest:
Clerk
t`
J