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