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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