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Home My WebLink About1941-06-27263 ' BOARD OF AP 'EUS i,EETIIvG June 27, 1941 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, Lexington, Lass. at 8:00 P. P:. Pursuant to a notice mailed to all members of the Board on June 27, 1941, the follo.,�ing members were present: Paessrs. Glynn, it,,addison, Bowker and Brown. The Secretary was also present. In the absence of idr. Robbins, the Chairman ai�pointed Yr. Bovaker Cler�� Pro -tem. The records of the meeting held o)n June 12th were approved. At 8:00 P. L. hearinr°, was declared open upon the pe- tition of L. H. Tiller for permission to maintain a pony riding; ring at 973 Concord Turnpike. The notice, which was duly Dublished in the Lexington P,=inute P`an on June 12, 1941, was read by Yr. Bowker. Yr. Tiller was present at the hearing. He said that his place was next to the Cambrid e Reservoir, and that he had a front --,,°e of 425 feet on the Turnpike. There are no ' buildings across the street. The Chairr?an asked if he used the premises as a residence, and he said that he did. He said he would like to open a pony riding ring similar to that operated by Ids. Barber on 'doburn Street. He has approximately 3 31r4_L:cres of land. The Chairman asked if he ,would dra,Ahis patron --^e from r;eople driving; by, and he said that he would, and that some of his friends would patronize the rine:. The Chairman asked what hours he would keep open, and he said that he would want to keep open until dark, but not after dark. He would not want any lights. The Chairman asked about signs, and i:r. 'Miller said that he would .,:.an.t a small sign readin;,-; "Pony Rides". IT said there was plenty -of land on his lot for the parking of cars. %,Fr. P,liller said there was no land between his land and the Turnpike. His house sets back about 75 feet. i.Fr. Laddison asked who would run the riding ring, and P:ir. Liller said he would have tc have some man to run it, and that his wife would help. He would h,'ve to have a shelter for the ponies. i:':r. P: addison asked hov,� wide his driveway into the field was, and he said that there was no drive into the field now. The cars could use his driveway, which is 15 - 18 feet wide. It could be rude wide enough so that two cars could pass. Par. Bowker asked ov7 many ponies he would ' have, and he thought he would have three or four to start. 264 F-= y There ere no other amusements there ^.uv. No other persons ' wishing to be heard, the hearing ti,as closed at 8:12 P. Y. L I.iller retired. The Board gave particular consideration to the traffic hazard caused by automobiles stopping; or sloe ing down quicsly, either for t he ,purpose of entering the premises of watching; what was taring place there. It was felt that this was the same kind of a hazard occasioned by the maintenance of roadside stands for the sale of produce, and that it is much wore hazardous on a through way intended for greater speed in driving than would be the case on a road of less importance. Upon motion of L r% Maddison, seconded by iv.r. Bowker„ it was voted to deny the petition in the following form: The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having .received a vrritten petition addressed to it by L. H. Miller, a copy of which is hereto annexed, held a public hearing thereon, of which notice was mailed to the petitioner and to the o;ners of all property deelied by the Board to be affected thereby as they appear on the most recent local tax list, and also ' advertised in the Lexington Rinute-I,.an, a newspaper pub - lisped in Lexington, vwhich hearing was held in the Select- men's Roor, in the `?'own Office Euild.ing on June 27, 1941. Two Associates and two rier.bers 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 p-titioner tending to show: , lhut tie wisried to conduct a pony riding rind; on his pre.::ises at 973 Concord Turnpike; that he had approximately 4 acres of land, with sufficient space for parking- of automobiles off the road; that he wished to operate every day of the week, but only during the dalight hours; that no li,.--:nts were to be displayed; that he would like a sign, and would depend for so.ae of his patronage upon occupants of automobiles going; by on the Turnpike; that he did not know how many ponies he would eventually require, but that a building, would be necessary to house thea; that he did not know whether additional access to the highway from his property could be had from that portion of the lard which he intended to devote for this purpose. 1 265 he wished to conduct a pony iding ring on his prenises at 973 Concord Turnpike; � t he 1 ad approxi.nately acres of land, I'll suf fent s e, for parkin; of automobiles off the r that he ;4- i d t o operate every day of the wee' butonly the daylight hours; that no lid were to e displayed; that he would lire a si,.n, and v 1 pe o some of his patronage upon occupants f au m i i -):a by on the Turnpike; that he did no -now hov a y ponies he would eventually recuire, but that a ui d' would be necessary to house them; that he did not c w -�hether additional access to the highway from his p o rty could be had from that portion of the land viii h he intended to devote for this 17 ' purpose. o evi ence Baas o petition. At the close of the hearing the Board in private session on June 27, 1941 gave consideration to the subject of the petition and voted unanii:_ously in favof 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 hart-ony with the general purposes and intent of the regulations in the Lexington Zonin 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 re- quested may not be granted without substantial detriraent to the public good and without substantially derogatinsfrom the intent and purpose of such Lexin[,ton Zoning By-law. Pursuant to the said findinrzs, the Bo -rd hereby denies the said petition of L. H. Tvillor, and in doinY so has given special consideration to traffic hazards created by the stoppage or slowing of automobiles on the Concord Turnpike caused by the proposed 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 herein- before set forth and the testimony presented at the said hearinn, including; that herein s =,Llarized, and directs that A, this record immediately followir�; 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 :sailed forthwith to each party in interest. 40 266 D0Ar2D OF APPEALS OF LEXINGTOIJ (Appointed under G. L. Ch. 40, Sec. 27) C. Edward Glynn Errol II. Locke J. i.ilton Brown "iinthrop H. Bowker A. % laddison I, I'inthrop H. Dowker, Clerk Pro -ten of the Board of Appeals of Lexington, appointed under General Laws, Chap- ter 40, Section 27, hereby certify that I sent by postage certificate of mailing on June 19, 1941 to L. H. rdiller and Hilda t;. Sorenson, and also advertised in the Lexing- ton 1.inute Tian on June 12, 1941, a notice of which the follovoin,c_; is a true copy. +inthrop H. Bovaker Clerk Pro-teni, Board of Appeals June 4, 1941 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 of the Lexington Zoning By-law witai respect to the premises at 973 Concord Turnpike, owned by L. H. I.1iller, of Lexington, by permitting the followin=g: To operate a small pony ring on my property. L. H. Piller 973 Concord Turnpike Lexington, mass. Lexington, .ass. June 12, 1941. BOARD OF APPEALS 2dCTICE The Board of appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the pre-Ases owned by L. H. Piller and located at 973 Concord Turnpike, the iilaintenance of a pond- riding, ring, under the Lexington Zoning; Law or in accordance with Chapter , 40, Section 27t- of the General Laws and amendments. ' The hearing, will be held on June 27, 1941 at 3:00 F. M. in the Selectmen's :doom, Town Office Buildir_C,, Lex- inSton. C. ED`JdLRD GLYITJl, j Chairman, Board of appeals The meeting adjourned at 8:45 1-1.1 A true record, attest: C 1 Clerc Pro -tem. 267