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HomeMy WebLinkAbout1941-07-18268 13CA iiL Or APPEALS I:IELTII G ' July 18, 1941. A r.:eeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, Lexington at 8:00 P. E. on July 18, 1941. Chairman Glynn and Lessrs. Locke, Ki.. -.ball, and Bowker were present. The Secretary was also present. In the absence of Clerk Robbins, 11r. Bowker acted as Clerk Pro -ter. At '?:00 P. 1.`.. hearin-;A,-as declared open upon the petition of Howard i::. L unroe for permission to renew his permit to maintain a golf school and driving, range on Lov-rell Street, Lexington. Howard 1� unroe, a I,1r. Barber, and another roan were present at the hearing. The notice of the hearing was read by lv_r. Bowker. l,'. -r. 11unroe said that he would lir >e to have his permit renewed. rhe Chairmaii Ns., -,ed ]'Iiia if he had made any changes nd he said that he had --_ot. lie7r open at 1:00 P. II.) and close at 11:00 P. E. "he Chairman asked if the cars were keeping- off the road, and they said that they were. No other persons i�ishing to be heard, the hearing was I decl"red closed at 0:05 P. 1:. At 8:10 P. 11. hearin ; was declared open_ upon the petition of Howard L. Eunroe for per^issicn to renew his permit to r_aintain a pon;r riding school and pony track on Voburn Street, Lexington. I:r. T1lunroe, 1,.r. Barber, and the other man were present at this hearing, also. The notice of the hearing was read by 1,1r. Bav ker. The C`iairr:an asked if there was anythin,,, new on the riding; school, and 1V'r._Barber. said that there was not. He said that they used the Countryside parking space, and that no carspared in the street. He closes every night at 8:00 P. 11. No other persons wishing to be heard, the hearing 'Vias declared closed at 8:12 P. 1'. The three Tien retired. The record of the meeting held on June 27th was declared approved. The Secretary reported that Mr. Robbins wished to be re- corded in favor of the renewal of all three oermits. upon motion of 1rr. 1imball, seconded by 1,1r. Locke, it , was voted to renew the permit for the pony riding school as follows: , 0 tBOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Howard Munroe, 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 -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 18th day of July, 1941. One Associate and three 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 petitioner tending to show: That he desired to maintain the pony riding school for children on the premises located on the southerly side of Woburn Street about one hundred and fifty feet (150') from the junction of Woburn Street and Lowell Street, in the same manner as in previous years. No persons appeared in opposition. At the close of the hearing the Board in private session on July 18, 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 be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status of the neighborhood. 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the pro- visions of the Lexington. Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substan- ti ally derogating from the intent or purpose of such Lex- ington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously ,decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit the above property to be occupied for 270 a pony riding school for children for a period of one ' year from June 10, 1941, subject to the following con- ditions: That the premises will be maintained in proper condition so that the business as carried on will not be objectionable to owners of property in the neighborhood, maintaining the premises in a good sanitary condition at all times; that ample parking space will be provided inside the street line to obviate parking in the street; that no business shall be done after 9:00 o'clock P. M.; that no so-called flood lights shall be used on the pre- mises; that no signs shall be exhibited on the property unless the consent of the Building Inspector of Lexington is obtained; that no building or enclosure shall be con- structed without the consent of the Building Inspector of, Lexington. 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 hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this de- cision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) C. Edward Glynn Errol H. Locke Edward W. Kimball Winthrop H. Bowker Howard W. Robbins I, Winthrop H. Bowker, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage cer- tificate of mailing on the 3rd day of July, 1941 to Howard 11. Munroe, E. W. VanDeusen, Mr. $ Mrs. Albert E. Olsen, Mr. & Mrs. Irving Currier, Mrs. Chester Fogg, Mr. Peter Semonian, Leonard K. Dunham, Alexander Porter, Robert Porter, Catherine Dunham, Harvey C. Wheeler, Edward J. Casey, Country- side, Inc., Edna D. Anderson, John A. Hamm, Daniel L. Cronin, Robert A. Porter, Charles H. Currier, and also advertised in the Lexington Minute -Man on July 3, 1941, a notice of which the following is a true copy. Winthrop H. Bowker , Clerk Pro -tem, Board of Appeals 271 I June 25, 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 9A of the Lexington Zoning By -Law with respect to the premises at Woburn Street, owned by Howard Munroe of 344 Lowell Street, by permitting the following: Maintenance of a children's riding school and pony track. Howard M. Munroe 344 Lowell Street Lexington, Mass. NOTICE ' Lexington, Mass. July 3, 1941 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Howard 141. Munroe and located on Woburn Street, Lexington, the renewal of a permit for a children's riding school and pony track, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on July 18, 1941 at 8:10 P. M. in the Selectmen's Room, Town Office Building Lex- ington. C. EDWARD GLYNN Chairman, Board of Appeals At 8:20 P. M. hearing was declared open upon petition of Frank A. & Mary Napoli for renewal of their permit to maintain the existing roadside stand at Marrett Road. The notice of the hearing was read by Mr. Bowker. Francis Napoli appeared to represent his parents. The Chairman asked if any changes had been made, and Mr. Napoli replied in the negative. He asked if any cars had parked on Marrett Road, and Mr. Napoli said that 272` occasionally a car parked on Marrett Road to look over ' the produce before driving in or on, but that was all. The Chairman told him to keep the cars off the road. No other persons wishing to behear¢,the hearing was declared closed at 8:22 P. M. Pas. Napoli retired. Upon motion of Mr. Bowker, seconded by Mr. Kimball, it was voted to renew the permit in the following form: BOARD OF APPEALS PERPYZIT The Board of Appeals, acting under General Laws, Chapter 40, See. 27, having received a written petition addressed to it by Frank A. Napoli, 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 there- by as they appear on the most recent local tax list and also advertised in the Lexington Mihute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 18th day of July, 1941. One Associate and three 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 petitioner tending to show: That he wished a permit for a period of one year expiring on May 8, 1942 to conduct a roadside stand on property of Frank A. and Mary Napoli located on Marrett Road and Middle Street; that there had been no changes made in connection with the existing roadside stand and that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session on July 18, 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 be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status of the neighborhood. 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4• That owing to conditions especially affecting the ' said parcel but not affecting generally the Zoning district 273 in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent -or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Frank A. Napoli to maintain a temporary roadside stand on Marrett Road on the land of Frank A. and Mary Napoli, for the purpose of selling only the products grown on their own land in the Town of Lexington, and that said stand be maintained on the location as now existing; they to provide sufficient parking space for automobiles to prevent traffic con- gestion on Barrett Road; this permit to expire May 8, 1942. 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 hereinbefore 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) C. Edward Glynn Errol H. Locke Edward W. Kimball Winthrop H. Bowker Howard W. Robbins I, Winthrop H. Bowker, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 3rd day of July, 1941 to John Waugh, Charles W. and Mary A. Fitzz, Highland Trust Co., Norval K. Chapman, Robert P. Trask, Thomas J. & Jennie Heaney, Russell S. Bray, Robert J. Fawcett, Joseph R. Lawson, Watertown Coop. Bank, Carl V. Olson, Raymond L. & Anna S. White, Neil McIntosh, Patrick & Helen K. Mackin, Edwin H. & Mary E. 274 c� Halvorsen, Margaret R. Crocker, William A. Melbye, Pasquale ' Panetta, Emily R. Scheibe, Marie A. Miller, Ralph M. & Eleanor R. Blair, and Frank A. and Mary Napoli, and also advertised in the Lexington 1111inute-Man on July 32 1941, a notice of which the following is a true copy. Winthrop H. Bowker Clerk Pro -tem, Board of Appeals June 30, 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 9F of the Lexington Zoning By-law with respect to the premises at No. 23 Middle Street, owned by Frank A. and Mary Napoli of 23 Middle Street by permitting the following: Maintenance of a roadside stand for the sale of farm products produced on the land. ' Frank A. Napoli 23 Middle Street Lexington, Mass. N 0 T I C E Lexington, Mass. July 3, 1941 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Frank A. and Mary Napoli, and located at Marrett Road about two hundred feet northwest- erly from the corner of Middle Street, Lexington, the maintenance of the existing roadside stand to sell produce grown on the premises, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on July 18, 1941 at 8:20 P. M. in the Selectmen's Room, Town Office Building,Lex- ington. C. EDWARD GLYNN ' Chairman, Board of Appeals 275 ' Upon motion of Mr. Kimball, seconded by Mr. Locke, it was voted to renew the permit for the driving range, as follows: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Howard NI. Munroe, 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 -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room in the Town Office Build- ing on the 18th day of July, 1941. One Associate and three 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 petitioner tending to show: That he wished a renewal of the permit granted him last year, for the maintenance of a golf driving range on his land on Lowell Street adjacent to the Countryside ' Restaurant, and that such renewal would be under the same conditions as previously existing. No one appeared in opposition. At the close of the hearing the Board in private session on July 18th 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 be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status of the neighborhood. 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning District in which it is located, a literal enforcement of the pro- visions of the Lexington Zoning By -Law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substan- tially derogating from the intent or purpose of such Lexington 'Zoning By-law. 276 Pursuant to the said findings, the Board hereby ' unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Howard M. Munroe to use a portion of his land on Lowell Street in the rear of Countryside Restaurant for a golf school and driving range, subject to the following conditions: 1. That the row of tees shall be placed at such angles from the line of Low411 Street that the balls travel away from the Countryside restaurant; 2. That the operation of the driving range and golf school shall cease by 11:00 P. M.; 3. That sufficient parking space on the land of Mr. Munroe shall be provided to obviate parking on the streets; 4. That this permit shall expire July 1, 1942. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decidion are its findings here- inbefore 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40, Sec. 27) C. EDWARD GLYNN EDWARD W. KIMBALL ERROL H. LOCKE WINTHROP H. BOWKER HOWARD W. ROBBINS I, Winthrop H. Bowker, Clerk Pro=tem 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 the 3rd day of July, 1941, to John A. Hamm, Howard M. Munroe, E. W. VanDeusen, Albert E. Olsen, Irving Currier, Peter Semonian, Martin Semonian, Chester A. Fogg, Leonard K. Dunham, Alexander Porter, Robert Porter, Catherine Dunham, Harvey C. Wheeler, Edward J. Casey, Countryside, Inc., Edna D. Anderson, Daniel L. Cronin, Robert A. Porter, Charles H. Currier, and also advertised in the Lexington Minute -ban on July 3, 1941s n 277 ' a notice of which the following is a true copy. WINTHROP H. BOV=R Clerk Pro -tem, Board of Appeals June 25, 1941 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General haws, Chapter 40, Sec.27,to vary the application of section 9Aof the Iiexi.ngtm2pning Liv with respect to the premises at Lowell Street, owned by Howara mun.roe of 344 Lowell Street by permitting the following: Renewal of permit to maintain golf school and driving range. Howard H. Munroe 344 Lowell Street Lexington, Mass. N 0 T I C B I Lexington, Mass. July 3, 1941 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Howard M. Munroe and located on Lowell Street, Lexington, the renewal of a permit for a golf school and driving range, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on July 18, 1941 at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lex- ington. C. EDWARD GLYNN Chairman, Bca rd of Appeals The Chairman read a letter from James W. Annis of Shade Street relative to a trailer park. No action was taken on the letter. The meeting adjourned at 8:40 P. M. A true record, Attest: Clerk