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HomeMy WebLinkAbout1941-06-12 258 BOARD OF APPEALS MEETING June 12, 19141 A meeting of the Board of Appeals was held at the home of Lr C Ed and Glynn, 56 Hancock Street, at 8 15 P. 1 Messrs Glynn, Kimball, dobbins, Locke, and Brown were present. The Secretary• was also present The record of the rieetinsr held on June 6th was de- clared approved,with a few rainor corrections. The Board in private session considered the petition of Frances 1 . Vdilson, Inc , for permission to maintain an undertaking establishment at 1556 Lass Ave , Lexington. Upon motion of Lr Locke , seconded by Lr Brown, it was voted to deny the petition in the following form The Board of Appeals, acting under General Laws, Chap- ter 40 , Sec. 27, having received a written petition addressed to it by Francis M Wilson, Inc a copy of vhich 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 June 6, 1941 . One Associate and three members of the Board of Appeals were present at the hearing A certificate of notice is hereto annexed At tnis 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 1 . Wilson, Inc. had been operating in Somerville for some forty or fifty years , that it was proposed to have Mr. Burt - H Martin 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 some, and that it would be necessary to mane some interior changes in order to provide a chapel, also a reparation 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 i. pair:rent to the status of the neighborhood 259 through the establishment of a funeral hone 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. Approximately twelve people registered the above objections. At the close of the hearing the Board in private session on June 12, 1941 ;ave 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 makint, 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 harmony with the general purposes and intent of the refiulatiens in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating• from the intent and pur-)ose of sucn Lexington Zoning ty-law. Pursuant to the said findin5s , the Board hereby denies the said petition of Frances M Wilson, Inc. for permission to maintain an undertaking establishment at 1556 Lass. Ave , Lexington, and in doint, 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 following 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. BOx3li OF APPEALS uP LEXII:;GTOI (Appointed under G.L Ch.40, sec 27) 260 Errol H. Locke C. Edward Glynn J. Milton Brown Howard W. 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 May 21 , 1941 to Bridget Leary, Vir- ginia Leavitt, First Baptist Church of Lexington, Edgar J Thivierge, Anstiss S. Hunt, et al, Bertha 1 Baker, Warren E. Russell , James J F. Lucy D. Walsh, Lora B Worthen, Carrie Norris, Iarold H €c r, artha F Hookway, Eugene J Viano , Francis M. Wilson, Inc , and Daniel J. O' Connell , and also advertised in the Lexington Minute- Lan on Lay 15, 1941, a notice of which the following is a true copy HUARD W. ROBBINS Clerk, Board of appeals -ay 8, 1941 Lexington Board of Zoning_ nppeals Town Office Building Lexin_,ton, 1 ass. Gentlemen The undersi ned hereby petition the Lex_in,ton Board of Appeals, appointed under General Laws, Cnapter 40 , Section 27 , to vary the application of section 9a of the Lexington Zonin. By-law with respect to the premises at 1556 Massachusetts avenue , Lexin,ton, by permitting the followin, Maintenance of an undertaking establishment. Francis M. Wilson, Inc . by Chas R Corwin, Treas. 28 Oolled,e Ave West aou?rville, Mass Lexington, Mass Lay 15 , 1941 7CTICE The Board of Appeals will hold a henrinr on the .:latter of varying; the aoplicati on of tae Zoning Law by permitting on the premises owned by Daniel J. O'Connell and located at 155o Lass Ave , Lexington, tae maintenance of an under- 261 ' talon, est--eblishr: ent, under t_ie Lexin hton Zoning Law or in accordance with Chapter 4u, Section 2;-5A of the general Laws and amendments. The hearing will be held on June 6, 1941, at 835 P. M. in the Selectmen' s Zoom, Town Office BuildinL , Lexington. C EDWARD CLYNN, Chairman, Board of Appeals Four members voted in favor of the denial of the petition, and Mr 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 problem would be made more difficult by the location of a funeral home near the junction of ,_ass Ave. , goburn Street , and Winthrop Road. The meeting adjourned at 10 20 P M. x true record, Attest Clerk