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HomeMy WebLinkAbout1941-06-27 263 BOARD uF AF ' ALS L ETihG 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. T. . Pursuant to a notice mailed to all members of the Board on June 27 , 1941, the following members were present Messrs Glynn, Iaaddison, Bowker and Brown. The Secretary was also present In the absence of Mr. Robbins, the Chairman appointed T_r Bowker Clerk Pro-tem. The records of the meeting held on June 12th were approved. At 8 00 P. M. hearinn was declared open upon the pe- tition of L H. Miller for permission to maintain a pony riding, ring at 973 Concord Turnpike. The notice, which was duly published in the Lexington Linute Man on June 12, 1941, was read by Mr. Bowker Mr. Miller was present at the hearing He said that his place was next to the Cambridge Reservoir, and that he had a fronta_e of 425 feet on the Turnpike. There are no buildings across the street The Chairman asked if ne 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 L_r Barber on Woburn Street He has approximately 3 3/4 Cres of land The Chairman asked if he would dra,a his patronage from people driving b" , and he said that he would, and that some of his friends would patronize the ring. 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 Charman asked about signs, and Mr Miller said that he would 'aant a small sign reaai"g "Pony aides" . lie said there was plenty of land on his lot for the parking of cars. Mr. Miller said there was no land between his land and the Turnpike . His house sets back about 75 feet. Mr Laddison asked who would run the riding ring, and Mr Miller said he would have to have some man to run it, and that his wife would help He would h ve to have a shelter for the ponies Mr. L 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, w. ich is 15 - 18 feet wide It could be made wide enough so that two cars could pass. Er Bowker abked Dow many ponies he would IIhave, and he thought he would have three or four to start. 264 There are no other amuse,Jents there or No other persons wishing to be heard, the heailn, - s closed at 8 12 P I.. Lr. Miller retired The Board nave particular consideration to the traffic nazard caused by automobiles stopping or slorinL down quic..ly, either for the .purpose of entering the premises of watching what was taking 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 more 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 Mr. Maduison, seconded by Mr Bowker„ it was voted to ueny the petition in the following form The Board of Appeals, actin, under General Laws, Chapter 40 , Sec 27, having received a written petition addressed to it by L I-I Miller, 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-loan, a newspaper pub- lished in Lexington, which hearing was held in the Select- Len' s Room, in the Town Office Building on June 27, 1941. Two Associates 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 p:titioner tending to show That ne wished to conduct a pony riding rind, on his pre..ises at ,73 Concord Turnpike , that he hod approximately 4 acres of land, with sufficient space for parking of automobiles off the road , that he 4aisned to operate every day of the week, but only during, the dalight hours, that no lits were to be displayed , that he would like a sign, and would depend for some 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 vould be necessary to house them, that he did not know whether additional access to the highway from his property could be had from that portion of the land which he intended to devote for this purpose. 265 ' lir he wished to conduct a pony idinp rind on his premises at 373 Concord Turnpike , 'r..t he lad approximately 4 acres of land, 'ith suf ient s* • . e for parkin,, of automobiles off the re- ,, , that he ;4' I -a to operate every day of the wee' . but only . g the daylight hours , that no lig.' :. were to .e d' splayed , that he would like a sign, and v. 1. i .pe iot some of his patronage upon occupants if au •m. ci - .in- by on the Turnpike , that he did no _snow hov a,Ir ponies he would eventually require, but tnat a .ui d' - would be necessary to house them, that he did not ,c .w vhetner additional access to the ni,hway from his p ,o•-rty could be had from that portion of the land whi - h he intended to devote for this ' purpose. No eviaence was o. - - - . ' .rn . - _ - - • h: 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 unanimously in favor of the following findings 1. That in its judgment the public convenience and welfare will not be substantiallir 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 harmony with the general purposes and intent of the re ulations in the Lexington tonin; 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 detriment to the public good and wit.lout substantially derogatin, from the intent and purpose of such Lexin,-tori Zoning By-law Pursuant to the said findin, s, the Bo rd hereby denies the said petition of L. H Iv-.i114er, and in doinY so has kiven 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 petitiLn and hereby sets forth that the reasons for its decision ore its findings herein- before set forth and the testi_,ion'- presented at the said hearing, includin that .lerein summarized, and directs that 4 this record immediately followinf•, this decision shall be filed in the office of the Town Clerk of Lexington and II shall be a public record and that notice of tnis decision shall be mailed forthwith to each party in interest. 266 BOARD OF APPEALS OF LEXIIvGTOId (Appointed under G L Ch. 40 , Sec. 27) C. Edward Glynn Errol H Locke J Lilton Brown Winthrop H Bowker A H. uaddison I, Winthrop H Bowker, Clerk Pro-tem of the Board of Ap-Deals 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 Liller and Hilda A. Sorenson, and also advertised in the Lexing- ton Minute Man on June 12, 1941, a notice of which the follo, in, is a true copy "inthrop H Bowker Clerk Pro-te.u, Board of Appeals June 4, 1941 Lexington Board of Zoning Appeals Town Office Building Lexington, Lass. 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 with respect to the premises at 973 Concord Turnpike , owned by L H Miller, of Lexington, by permitting the following To operate a small pony ring on my property. L H. tiller 973 Concord Turnpike Lexington, Mass. Lexington, Mass. June 12, 1941 BUARD OF APPEALS NOTICE The Board of Appeals will hold a hearing on the matter of varyint, the application of the Zoning Law by permitting on the premises owned by L. H. Liller and located at 973 Concord Turnpike, the maintenance of a pony riding ring, under the Lexin,,ton Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. 267 ' The hearin:^ twill be held on June 27, 1Q41 at 3 00 P L. in the Selectmen' s Room, Tow office Buildir_L, Lex- inp ton C EDWARD GLYNT1,, Chairman, Board of Appeals The meeting adjourned at ri 45 P . A true record, attest Clerk I'ro-tern d —