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HomeMy WebLinkAbout1945-09-2824' BOARD OF' APPEALS 7.1EETING September 28, 1945 A meeting of the Board of Appeals was held in the Selectmen's Room, Tom Office Building, Friday evening, September 28, 1945, at 8;00 P. M. Chairman Bowker, Mr. Brown, Associate Members Ballard, Lynah and Ripley were present. The Clerk was also present. At 8;00 P. M. hearing was declared open upon the application of Miss Lily C. Johanson for permission to maintain a riding school and Stable on premises owned by her and l-)cated at 503 Concord Avenue, Lexington. The petitioner and eight other persons were present. Notice of the hearing was read by Mr. Brown. Miss Johanson said that in case some of the members of the Board were not familiar with the Cutler Farm, she would like to begin by saying that the farm consists of 200 acres. However, in connection with the permit applied for, she has in mind about 85 acres, a great deal of which is pasture land. She said that she has made a point to keep cows in the pasture principally to keep the fire hazard down and whether there is one cow or one hundred cows, they cannot be kept in bounds 100% of the time with- out constant attention. She said that it occured to her that it might be possible to keep horses in connection with a riding stable and this would require a man ont wenty-four hour duty. She said that she would like six horses of her own and have a very high-grade man to handle them. She said that she has such a man in mind, but if it were possible to obtain the services of a World War II veteran she would certainly go out of her way to hire him. Miss Johanson said that some changes would be needed in the barn for wintering her own horses as well as horses boarded ,in the winter and pastured in the summer. She stated that there would be no loitering or congregating in front of the barn. She said that there are four driveways leading to the back of the barn where the activities would be centered. Miss Johanson said that she lives directly across the street and enjoys the peace and quiet of the barn and would definitely want to retain it. She said that, under no circumstances, would she permit the barn to be used as a hangout of any kind whatsoever. She stated that the riding school would be entirely her own so that at any time she might want to discon- tinue it, she could do so at a *oment's notice. She said that she would devote her entire time to it. She stated that she works in Boston at the present time, but she would devote all her time to the riding school and it would be under her personal supervision. Miss'Johanson said that the frontage on Concord Avenue extends in one direction for about one-half a mile and that is in the direction from the farm to Mr. Sellarts dairy. In the other direction, the frontage extends for more than a mile to the next house and consequently there is ample room for parking space for automobiles off the road She said that she is not planning to have a dude ranch, rodeo, circus or anything of that sort and that the activity she con- templates would not create any more of a traffic hazard than. if the property were used for a dairy as it was originally. Miss Johanson stated that the farm is one of the heaviest taxpayers in the Town of Lexington and she feels, therefore, that she would like to put some of the land to a profitable use to justify its existance. She said that -she felt that the land as it is now would be more advantageous than if it were divided up into house lots which might invite undesirable element to the community, She said that she intends very definitely that the property shall continue to be a credit to the community and for that reason she feels that her request is a reasonable one. The Chairman asked if she intended to have a riding ring and Miss Johanson replied in the affirmative stating that it would be located in the back of the barn. The Chairman asked how many horses were formerly houses in the barn and Miss Johanson said that as far as she knew there had been eight. She said that to begin with she would have only eight of her owns but that she believed the barn would accomodate at the very outside twenty, including her own and those boarded. The Chairman a sked if she intended to have a men helping her and she replied that she would have An experienced instructor, The Chairman asked what hours the school would be open and Miss Johanson said that she had not decided,'but that the hours would be reasonable and there would be no flood lights of any kind or anything of the sort that'. -might create a nuisance. The Chairman asked if there would be riding in the evenings . and Miss Johanson said there would be during the summer until dark. The Chairman asked where the riding would be and Miss Johanson replied that it would be in back of the barn. She said that if expert riders tired of riding around the same route over a'given period of time they might like to go into other sections. Mr. Ripley asked if there would be very much crossing of the highway to reach bridle paths and,Miss Johanson said that only for expert riders. She said that she would not permit her horses to be ridden over the highway unless by an expert rider and that she would not want to be held liable for any person taking horses over the highway. The Chairman asked if there were any persons present who were in favor of the permit. Mr. John A. Sellars, 430 Concord Avenue, said that about three weeks ago Miss Johanson called and asked him IT he would object to her keeping horses and maintaining a riding school. He said that he told Miss Johanson he could see no reason for objecting inasmuch as the -barn has always been used for both horses and cows. He said that there is considerable acreage, all farm land. He said that he assumed she wanted a permit to operate a school, but that he did not know it involved a change in zoning. The Chairman explained that it did not involve a change in zoning, but thatit would :just give Miss Johanson permission to conduct the school in a residential district. L 249 11r. Sellars said that he knew Miss Johanson would not operate anything that would not be in good t adte and that he believed the school would be businesslike and orderly in every respect. He said that he could see no basis for objecting. The Chairman asked how close Mr. Sellars lived to Miss Johansonts property and he said that his land joined hers.. -,but that she lives about a quarter of a. mile up the street. Mrs. Charles E. Teeter, 463 Concord Avenue, said that she lives two houses down on the same side of the street as Miss Johanson and she is in favor granting the petition. She said that it would be an excellent use of the farm and that it would be more practical to use it for a riding school and stable than for a dairy farm, which use Miss Johnson is entitled. Mrs. Teeter further said that anyone who knew Miss Johanson also knew that she was one of the most particular persons in the neighborhood. She said that ordinarily not many, cars are parked in connection with a riding school because of the fact that riders usally attended the schools in groups. Mr. Sellars said that he realized Miss Johanson had quite a tax problem and anything that she could do which would help reduce the tax loan and that would not be objectionable to the neighborhood should be considered. The Chairman asked if there were any persons present who opposed granting the permit. Mr. M. J. McCormack, 475 Concord Avenue, said that the location in question is opposite his house. He said that he wanted to know what was to become of all the traffic. The Chairman asked Mr, McCormack how he would feel if Miss Johanson had ample parking space and he said that if it would be provided, he would have no objection, but he thought it impossible to colve the traffic problem. The Chairman asked if his main objection was from a traffic standpoint and he replied in the affirmative. Mr. Duncan Barker, 447 Concord Avenue, said that the road is hardly wide enough now for two cars to drive by without having horses to contend with. He said that he thought it would be im- possible to keep the horses off the road. The Chairman asked if the horsesw ere restricted to remain on Miss Johanson's premises, would there be any objection. Mr. Barker said that he did not think it possible to keepthe horses on her property. Mrs. Bayliss, 507 Concord Avenue, said that she agreed dbout the traffic condition. She said that if the horses cross the rAad they would come down Shade Street, a private way. which is not paved. She said that she lives a few feet down Shade Street and that the horses would pass very near her front door if the riders did not stay in the fields. She said that she would also object to the noise in the evening, and she did not think a riding school was very desir- able and that she was very strongly opposed to it. 0 250 Mr. T. H. Gough, 451 Concord Avenue said that some of the People who patronized the riding school might be undesirable. Mrs. Gough said that she thought the traffic situation would be very serious. Mr. Lynah said that apparently the principal objection was the question of traffic. He said that there would be a traffic condition anyway as far as automobiles are concerned. He further stated that if the Board should consider this petition favorably and require that all cars going to the riding school be parked on the property owner's ground, it would seem that the objection of the traffic would be overcome. Mrs. Gough said that horses and traffic were her objections. Mr. Lynah said that the second objection apparently was horses and, as he understood it, this property is and was a farm.: He asked if horses were kept there before and Miss Johanson said that horses had been housed on the farm for many years. Mr. Lynah asked if there had ever been a riding school on the premises and Miss Johanson replied in the negative. She said, how- everm that as long as she can remember there have been horseback riders through that section of the country. Mr. Ripley asked if it would be possible to arrange bridlepaths in restricted territory and to have the school conducted so that it would be unobjectionable to all of the persons -objecting to granting the petition. Miss Johanson said that she could truthfully answer yes if she were not so sure of the personal prejudiced attitude towards her which is something over which she has no control. She said that there has been animosity over the farm for twenty -years which she seems to have inherited with the farm. The hearing was declared closed at 8:40 P. M. The Board considered at length the petitioner's remarks and those of the persons objecting. Upon motion of Mr. Brown, seconded by Mr. Lynah, 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, Section 25 to 30 as amended, having received a written petition addressed to it by Lily C. Johanson 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 28th day of September, 1945. Three Associate and two 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; 551, • That she wished to maintain a riding school and stable on the premises located at 503 Concord Avenue, Lekington, owned by the petitioner; that she intended to have eight horses - of her own, and possibly board others, not to exceed twenty (20) horses; that under no circumstances would she allow the barn to be used as a loitering place; that the barn would be kept in a neat and orderly condition; that she would devote her entire time to supervising the riding school; that she intended to hire a riding instructor on a full time basis to supervise the school. The petitioner also stated that she intended to set up a riding ring on land at the rear of her stables; that she would provide suitable parking space for her patrons. She also stated that riders would have access to eighty-five (85) acres of her property. Protest was received by the Board from approximately nine (9) families opposing the petition. Two close neighbors spoke in'favor of the petition and several of those who had signed the protest spoke against the petition, principally on the basis that the riding school would be a traffic hazard. At the close of the hearing the Board in private session on September 28, 1945, gave cpnsideration tothe 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 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 Lexing- ton 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 Le.XinL.;ton 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 oper- ation of a riding school and stable by Miss Lily C. Johanson on the property known as the Cutler Farm, 503 Concord Avenue, Lex- ington; said petition being granted subject to the following restrictions; That the petition shall be granted for a period from the date of the granting of the petition until December 31, 1946; said petition subject to withdrawal by the Board should the ridingstable be conducted in such a manner as to be detrimental to the neighborhood. 252 This permit is also subject to the following conditions; That ample parking facilities shall be provided on the land of Lily C. Johanson to care for the patrons of the riding school; that not 0 more than twenty (20) horses shall be kept in the stable by the petitioner; that the stable and grounds shall be kept in a neat and orderly manner; that proper fencing shall be constructed and main- tained in connection with the riding ring; that proper precautions shall be taken by the petitioner to prevent the horses from going on to other peoples' property without the consent of the property owner; that there shall be no undue or objectionable noise or disorder on the property; that proper signs to insure the safety of the riders shall be placed on property of the petitioner to notify traffic that there is a riding school in that location; that no sign shall be constructed over six (6) square feet for advertising or instruct- ional purposes; that this permit shall be granted only to Miss Lily C. Johanson and expires should the school be transferred to someone else. 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 J. Milton Brown Walter C. Ballard Aiden L. Ripley Thomas G. Lynah I, Hazel J. Murray, Clerk of the Board of Appeals, of Lex- ington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 13th day.:of September, 1945, to Lily C. Johanson, Bernard E. & Ida Turnquist, John A. Sellars Dairy, Inc., Duncan E. & Jessie Pd. Barker, Theron Me & Julia -P. Gough, Charles E. & Laura Me Teeter, Jessie P. McCormack, John W. & Alice R. Matthews, Frances M. Fay, Alice J.Matthews, City of Waltham, Thomas W. Baylis, and also advertised in the Lexington Minute -Man on September 15, 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals 0 • 0 August 27, 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 40, Sections 25 to 30 as amended, to vary the application of secti-:n of the Lexington Zoning By-law with respect tot he premises at Cutler Farm, 503 Concord Avenue, owned by myself by permitting the following: Riding school and stable. L. C. Johanson 503 Concord Avenue 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 Lily C. Johanson for permission to maintain a riding school and stable on the premises located at 503 Concord Avenue, Lexington, owned by said Lily Co Johanson, 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 28, 1945, at 8:00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. Winthrop H. Bowker Chairman, Board of Appeals. Application was received from the Community Nursery School Inc., for permission to maintain and operate a kindergarten and nursery school in the Old Belfry Club. It was decided to hold the hearing on Friday, October 19, 1945. The records of the hearing held on September 70 1945s, were declared approved. The meeting adjourned at 9:50 P.,M. G1e B rd o Appe s 253