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BOARD OF APPEALS MEETING
September 7, 1945
A joint meeting of the Board of Appeals and the Board
of Selectmen was held in the Selectmen's Room, Town Office
Building on Friday, September 7, 1945, at 8;00 P. M. Chairman
Bowker, Messrs. Locke, Nickerson, Brown and Redman, of the
Board of Appeals were present. Messrs. Potter, Rowse and
Sarano of the Board of Selectmen were present. The clerk was
also present.
At 8;00 P. M. -hearing was declared open upon the appli-
cation of David A. Rix for permission to use the premises owned
by'Ihim_and located at the corner of Waltham Street and Marrett
Rodd for a gasoline filling station, including a two -car garage
(lubhitorium) and six (6) underground tanks for the storage of
gasoline and oils with a total capacity of ninety-one hundred
(9100) gallons, all as shown on a plan filed with the Board of
Appeals.
Mr. Rix, his attorney, Robery L.Ryder, Mr. Shriber, attorney
for the Sun Oil Company and four other persons were preseht at the
hearing.
Notice of the hearing was read by Mr. Brown.
Mr. Ryder stated that he, representing Mr. Rix, was present -
petition to the Board of Appe.aks under Section 6C of the
Laws and that Mr. Rix would have to meet the conditions of
a 9 before the Board of Selectmen could grant the license
s storage and sale of gasoline. Mr, Ryder said that a hear -
i been held before the Board of Selectmen, but due to an error
engineers, application was made for 7100 gallons of gasoline
I of 9100 gallons. He also stated that he felt that a Board
sals permit was precedent to the granting of the license by
and of Selectmen.
r. Ryder said that the petitioner has been a citizen in the
f Lexington for twenty years and up until three years ago
roofing contractor and in that business solely. When the war
he business went out and Mr. Rix took charge of the Jenney
ae station on the opposite corner from where he desires to
a station. Mr. Ryder stated that the business had been con -
successfully and was a credit to the neighborhood. He said
f the petition were granted, he was positive that the business
be conducted as well as it had been on the opposite corner. Mr.
said tYu t by vii*tue of his experience, Mr. Rix decided to file
ation for a permit, believing that there is a real need for a
a such as he proposed at this location.
P. Ryder said that the station would considt of the present
ag remodelledi a building 601 long and 301 deep. Hesaid that
far enough back (between 75 and 100 feet) so tbEt there is
space. .
he Chairman asked if the tanks would all be in the business
ad Mr. Ryder replied in the affirmative.
he Chairman stated that a 201 setback is required on Marrett
ad Mr. Ryder referred him to the plot plan filed with the
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1238
Mr. Ryder said that possibly someone might raise the
question as to the necessity for another station at this 0
location. He said that he has seen on Saturdays, holidays
and in the evening, cars parked waiting to get into both
stations, and that there is neither the
facilities nor the room to let them in off the road.
The Chairman asked how many pumps Mr. Rix intended to
have and Mr. Ryder referred him to the plot plan, stating
that there would be six.tanks, with a total capacity of 9100
gallons.
The Chairman asked what hours the station would be open,
and Mr. Ryder replied from quarter to seven in the morning until
quarter to seven at night. He said that Mr. -Rix had never kept
the Jenney station open on Sundays and did not intend to keep
the proposed station open unless the public demanded it.
The Chairman asked if the building would be of cement.
Mr. Ryder said that it would be the same building, now located
on the property remodelled and that it would be of solid con-
struction; concrete wall and porcelain and enamel front, cement
foundation and completely fireproof.
The Chairman asked what signs, if any, would be used and
Mr. Shriber said that the only signs they erect are hanging
oval signs which are very secure,
Mr. Nickerson said that if there is need for an additional
service station, he should think it would be more acutely needed
on Sundays.
Mr. Ryder said that Mr. Rix believes in one day a week off, but•
if there is a public demand, he will meet it. It is not, however,
his intention at the present time to keep open on Sundays.
The Chairman asked if, there would be any machine shop
work and Mr. Ryder replied in the negative.
Mr. Rowse asked if the building would be of first class
construction in every respect and Mr. Shriber said that it would
absolutely be first class construction.
The Chairman asked if there were an -y persons present who
wished to speak in favor of granting the petition.
A representative of the F'uelite Natural Gas Company, 315
Marrett Road, said that his concern had done business with Mr.
Rix since he first took charge of the Jenney Station and that
the present facilities are overcrowded. He said that it is
necessary to make an appointment to have their cars and trucks
serviced. He further stated that there is traffic congestion
on the corner evenings, and as far as the F'uelite Company is
concerned, they are in favor of granting the petition.
Mr. Ryder said that Mr. Ells, 355 Marrett Road, who was
present at the hearing in July, is in favor of granting the
petition and authorized Mr. Ryder to so inform the Board this
evening.
The Chairman asked if there were any persons present who
wished to speak in opposition.
Mr. Anker, 365 Marrett Road, said that he understood the.
corner of Marrett•Road and WalthemStreet was zoned for business
and asked why it was necessary to have a hearing before the
Board of Appeals. 10
239
The Chairman explained that the location is zoned for
business, but that certain types of business, indicated in
the Zoning Laws, are subject to the approval of the Board
of Appeals.
Mr. Anker said that he was appearing against allowing
the change. He said that he disagreed as to the necessity
for another station and believes that the location is adequately
covered. He stated that he has crossed the corner a great many
times and has never been'held up by traffic waiting to get into
either of the two stations.
Mr. Anker said that he thought consideration should be
given to the fact that the State Highway Department plans to
relocate route 128.
He said that he had talked with four persons, two -of
whom are definitely opposed to the permit being granted; one
person was in favor until he, Mr. Anker, talked to him -and
another person was in favor providing rules and regulations
were complied with.
The Chairman asked if' Mr. Anker were speaking for himself
and he replied that he was speaking for himself and unofficially
for four other persons.
No persons wishing to be heard further, the hearing was
declares closed at 8:35 P. M.
The meeting adjourned for the hearing scheduled at 8:45 P. M.
to be held by the Board of Selectmen upon the application of Mr.
• Rix for a permit to install six underground tanks for the storage
of 9100 gallons of gasoline and oil.
The meeting reconvened at 9:00 P. M and hearing was declared
open upon the application of the Community Nursery School, Inc.
for permission to occupy the barn on the premises at 1377 Mass
Avenue for a nursery school and kindergarten. Mrs. Leroy Marek,
representing Mrs. Rich, was the only person present at the hearing.
Notice of the hearing was read by Mr. Brown.
Mrs. Marek said that she was representing Mrs. Rich, who is
out of town, and that the corporation had previously requested a
permit to operate the school, intending to purchase the property
at the corner of Plass. Avenue and Cedar Street, but the owner is not
willing to sell at the present time. She said that Mr. Funkhouser
has agreed to rent space in the barn on his property.
The Chairman asked how many pupils they intended to have in
the barn, and Mrs. Marek replied between 35 and 40. She said -that
there would be 1200 square feet of usable space.
The Chairman asked what the supervision would bem and Mrs.
Marek replied that they would have two full-time paid teachers.
The pupils would be divided into two groups with a paid director
in charge of each group and a mother assisting with each group.
The Chairman asked what they intended to do about toilet
facilities. Mrs. Ylarek said that they plan to add three toilets.
The Chairman asked when they expected to open the school and
Mrs. Marek said that they would like to open October 10th or 15th
and to remain open until June.
The Chairman asked what hours the school would be open and
Mrs. Marek replied from 9:00 A.M. until 12:00 noon with the
possibility of having the pupils stay one afternoon from 2:00
until 5:00.
Mr. Funkhouser appeared at the hearing at 9:06 P.M.
The Chairman inquired about the transportation and Mrs.
Marek said that this problem was being worked out.
The Chairman asked if they intended to have any signs
on the building and Mr. Funkhouser said that they had not
considered having any signs.
Mr. Nickerson asked if the building had suitable exits
and if it were safe from a fore hazard standpoint.
Mr. Funkhouser said that their plans would conform to
requirements of the Commissioner of Buildings.
Mr. Locke asked if the school would be all on one floor
and Mr. Funkhouser replied in the affirmative, stating.that it
would be on the second floor which is nine feet from the
ground.
Mr. Redman asjed if the first floor was to be used as a garage
the same time as the school will be in session.
Mr. Funkhouser said that there would be no driving in and
out during the school hours, but the barn will be used as a
garage as well as a school. He further stated that they had
made necessary preventatiiae precautions on that account.
Mr. Nickerson asked if the corporation would relinquish
the permit for the sohool on Mass. Avenue and Cedar Street,
Mrs. Marek said that they expect to go to the new location
on a lease basis for a period of years and that it is improbable
that they would conduct a school at the Cedar Street location.
The hearing was declared closed at 9:20 P. M.
The Board considered the Community Nursery School appli-
cation and upon motion of Mr. Locke, seconded by Mr. Nickerson,
it was unanimously voted to grant the petition in the following
form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington Zoning
By -Law and General Laws, Chapter 40, Sections 25 to 30 as
amended, having received a written petition addressed to it by
Community Nursery School, Incorporated, 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 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 7th day of September, 1945. Five regular 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 the Community
Nursery School, Inc., desires to rent the barn.on the property
at 1377 Mass. Ave, owned by Elmer N. & Gladys Funkhouserfor the
purpose of operating a nursery and kindergarten school; that the
school will accomodate 35 to 40 children, to be open five days a
week between the hours of 9:00 A. M. and 12:00 noon, with
possibly one afternoon from 2:00 to 5:00 during that portion
of the year approximating the public school term; that there •
would be two full-time instructors on duty at all times and
that the barn is to be altered.in accordance with the State
241
School House Commission and that such change would include
additional toilet facilities and necessary safety measurer.
The petitioner indicated that there would be no signs on the
premises.
No one appeared in opposition to the granting of this
petition.
At the close of the.hearing the Board in private session
September 7, 1945, gave consideration to the subject of the
petition and voted unanimously in favor of the following find-
ings
1. That in its judgment the public convenience and welfare
will be substantially served by the making of the exception re-
quested.
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 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 Lexington Zoning By-law
is hereby varied so far as may be necessary to permit the Community
Nursery School, Inc., to occupy the premises at 1377 Pass, Avenue
for a nursery school and kindergarten school only while the prem-
ises are operated by the Community Nursery School, Inc.; that the
school hours shall be 9:00 ofclock in the morning and until 5:00
o'clock in the afternoon; five days a week; that proper toilet
facilities shall be installed; that there shall be competent
supervision to prevent the children from being a nuisance to
the neighborhood; that the area occupied shall be kept in a
neat and clean condition at all times; that there shall be no
structural change in the outside of the building other than
those necessary for safety measurea.
The Board hereby makes a detailed record of all its pro-
ceedings 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 the decision shall be mailed forthwith to each
party in interest.
W�
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
Winthrop H. Bowker
Errol H. Locke
Lester -T. Redman
J. Milton Brown
D, E. Nickerson
I. Hazel J. Murray, Clerk 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
23d day of August 1945, to Community Nursery School, Inc.,-Ytilliam
& Katherine Bennett, Norman Ellard, Marion A. Kimball, William &
Sarah Hall, Fannie B. Love, Elmer & Gladys .Funkerhouser, Annie
Shepard, Emily G. Preston, Ralph & Dorcas Nason, Bertha V. Hayward,
Ralph H. & Edith Wells, Maria L. Bonney, Louis & Sarah Willard,
and also advertised in the Lexington Minute -Man on August 23, 19450
a notice of which the following is a true copy.
Hazel J. Murray
Clerk, Board of Appeals
August 21, 1945
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board of Appeals,
appointed under General Lams, Chapter 40, Sections 25 to 30 as
amended, to vary the application of section of the Lexington
Zoning By-law with respect to the premises at No. 1377 Mass. Avenue,
owned by Elmer N. & Gladys M. Punkhouser of Lexington by permitting
the following: Nursery school and kindergarten.
Dorothy P. Rich for
Community Nursery School, Inc.
41 Woodland Road
Lexington, Mass.
N 0 T I C E
The Board of Appeals will hold a hearing on the matter of
varying the application of the Zoning Law on petition of the Com-
munity Nursery School, Inc. for permission to maintain and operate
a nursery school and kindergarten on the premises located at 1377
Massachusetts Avenue, owned by Elmer N. Jr. and Gladys M. Bunk-
houser, under the Lexington Zoning Law and in accordance with
General Laws, Chapter 40, Sections 25 to 30 as amended.
• The hearing will be held on September 7, 1945, at 9:00 F.M.
in the Selectmen's Room, Town Office Building, Lexington, Mass,
Winthrop H. Bowker
Chairman, Board of Appeals
The Board then discussed at length the application of David
A. Rix, and upon motion of Mr. Nickerson, seconded by Mr. Locke,
it was unanimously voted to grant the petition in the following
form:
BOARD OF APPEALS PERMIT
The Board of ApEpeals, acting under the Lexington Zoning
By -Law and General aws, Chapter 40, Sections 25 to 30 as
amended, having received a written petition addressed to it
by David A. Rix; a copy of which 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 news-
paper published in Lexington; which hearing was held in the Selectwt
mems Room, in the Town Office Building on the 7th day of September,
1945. Five regular 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 to erect and maintain a gasoline
filling station for the storage and sale of petroleum products,
and presented a plan showing the proposed layout including the
building. The petitioner stated that he intended to remodel
the present building and to make this building of fireproof
structure.
Objection was offered to granting the petition by one owner of
property in the neighborhood who felt that there was not suffi-
cient demands to warrant another filling station in the neighbor-
hood.
At the close of the hearing the Board in private session
fieptember 7, 1945, 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-laws.
• 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 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 unan-
imously decides that the application of the Lexington Zoning
By-law is hereby varied so far as may be necessary to permit_
David -A. Rix to maintain a filling station for the storage
and sale at retail of petroleum products, a lubricating
station and accessory uses as indicated on the plan submitted
by the Petitioner. The gasoline pumps are to be located at
least twenty feet (201) from the exterior line of thestreet.
This permit is granted on the further condition that the
premises are to be kept in a neat and orderly condition; that
no second-hand automobile parts or accessories are to be kept,
displayed or stored outside the building; that the building will
be of fireproof construction; that no lighting system is to be
used that will be a nuisance to the neighborhood and that all
signs are to be neat and in keeping with the character of the
building to be erected; that there will be no mechanical repair
work untertaken on these premises.
The Board hereby makes a detailed record of all its pro-
ceedings 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 the decision shall be mailed forthwith to
each party in interest/
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws.)
Winthrop H. Bowker
Errol H. Locke
Lester T. Redman
D. E. Nickerson
J. Milton Brown
Lexington, Massachusetts
August 21, 1945
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board of
Appeals, appointed under General Laws, Chapter 4b, Sections 25
to 30 as amended, to grant a permit for the use of premises
located at the corner of Waltham Street and Marrett Road in
said Lexington for a gasoline filling station, including a
two car garage (lAbritotium) and six (6) underground tanks
245
for the storage of gasoline and oils with a total capacity
of ninety-one hundred (9100) gallons, all as shown on the
plan filed herewith.
N 0 T I C E
David A. Rix . -
503 Waltham Street
Lexington
August 23, 1945
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law on petition of
David A. Rix for permission to maintain a gasoline filling
station including a two -car garage (lubritorium) on the
premises owned by said David A. Rix and located at the corner
of WalthamStreet and Mabrett Road, under the Lexington
Zoning Laws and in accordance with General Laws, Chapter 40,
Sections 25 to 30 as amended.
The hearing will be held on September 7, 1945.. at 8:00
P. M. in the Selectmen's Room, Town Office Building, Lexington,
bass.
Winthrop H. Bowker
Chairman, Board of Appeals
I, Hazel J. Murray, Clerk 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 23d day of
August, 1945m to Robert L. Ryder, David A. Rix, Comm. of Mass.,
Margaret McDonough, Laura A. Partridge, Anthony & Helen Ferreira, Jogn
F. Dailey, William & Alice Larzelere, William F. & Hilda Merz,
Henry & Emily Vierra, Harriet Farnham, Lawrence F. y Anne Broderic,
Frank B. & Grace Milgate, William E. & Muriel E. Rowland, Sidney B. &
Margaret He"o.od, Constance Thompson, Albert M. & Elizabeth Wentworth,
Charles E. & Helen Rice, Anna M. Hart, William F. & Jennie Downs,
Frank & Marion Sullivan, Eugene & Cecile Loupret, William O'Connor,
David A. & Mildred Kirkbright, Evelyn B. Soar, Howard I. & Nellie
Saunders, Sarah Gaddis, Charlotte & Helen Murphy, William F. & Ruth
Fletcher, Joseph Nunan, Jennie M. Partridge, Fuelighe Natural Gas,
Socony Vacuum Oil Co., John Sullivan, Clifford E. & Helen Ells, Betty
Kruler, Paul R. & Sophie Gorman, Merlin Houghton, Mabelle Beers, John &
Mary Perry, George & Julia Anker, Anthony J. Rochette, Magda Moller,
W. Leonard & Cora Flett, R. N. & L. Svedeman, Warren F. & Catherine
McMullen, Mary B. & Margaret Wild, Emily Montgomery, Clarence P. &
Ruth Henley, Alice F. Grafe, Mary A. Lowe, Margaret Hamilton,
Karl & Myrtle Marshall, Marshall & Reha Bushell, Louise J. Carter,
D[arion P. Sanders, Anthony & Carmela Giano, George Whiting, Fritz
Wihtol, Thomas Whiting, Albert J. & Anna Gardner, Stanley Tebbetts,
Jenny Mfg, Co., Kenneth Cox, Annie A. Spencer, Philip P. & Ruth
Spencer, Arnold P. & Frances Bradford, Dicenzo Dominick & Oscar,
John Cerullo, Harry & Eileen Van Norden, Franklin & Doris Shares,
Charles & Margaret Heilman, Thomas Brown, Paul & Mildred aotting, •
Everett & Irene Dillman, Annie Katkoff, David & Helen McPeake,
Ervin P. Dix, Matthew & Elizabeth Macaulay, Robert & Olive Eldridge,
Josepj Potter, Lawrence J. & Mary Selig, Helen Macbeth, Andon &
Vanthi Grigor, H. Albert & Irene Webb, Samuel & Eva Shepard, Thomas &
Lena Kehoe, Charles & Edith Huntington, Joseph & Florence Wellington,
Sigrid W. Kinquist, Mary R. Jacobs, Thomas & Blanche Taylor, Charles k.
Edward Crouch,Trustee, Domenic & Corinne Petrino, Camile & Anna
Tremblay, John F. & Elizabeth Downey, Herbert & Joan Weiler, John &
Jessie Polley, Ralph & Augustine Cochrane, Aubrey & Sadie Caldwell,
Ransom & Eva Williams, Jeannette B. Fountain, Watertowno-operative
Bank, Marguerite Comman, Charles & Margaret Martin and Clarence &
Catherine McElman, and also advertised in the Lexington Minute -Man
on August 23, 1945, a notice of which is a true copy.
Hazel J. Murray
Clerk, Board of Appeals
The records of the meeting held on July 19, 1945, were
declared approved.
Application was received from Lily C. Johanson, 503 Concord
Avenue for permission to maintain a.riding school and stable. It
was decided to hold the hearing on Feiday, September 28, 1945.
The meeting adjourned at 10;04 P. M.
A true record, Attest; 0
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