HomeMy WebLinkAbout1946-04-26SEE PAGE 36 FOR
April 24, 1946 meeting.
BOARD OF APPEALS MEETING
I
April 26, 1946
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A meeting of the Board of Appeals was held in the Seleetbien's
Room, Town Office Building on Wednesday evening, April 26, 1946 at
8:00 p.m. Messrs. Brown, Locke, Redman, Associate Members Lynah
and Rich were present. The Clerk was also present.
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Mr. Locke acted as Chairman and at 8:00 p.m. hearing was declared
open upon the application of Warren F. Breslin for permission to
enlarge the present building located at 2219 Massachusetts Avenue,
by adding a section in the rear sixteen.feet deep.
Mr. Breslin, his brother George and eight other persons were
present at the hearing.
Notice of the hearing was read by Mr. Redman.
Mr. Breslin said that his business is now such that he needs
more room and the added sixteen feet vu ll give him ample space to
be better served if the building were enlarged.
The Chairman asked how long the present building had been at
this location and Mr. Breslin said that it had been there and operated
as a store for twenty-eight years.
The Chairman asked if the building has a flat roof. Mr. Breslin
replied in the affirmative and said that the addition will be of field
stone, the same as the present structure.
The Chairman asked if he would have 4 skylight overhead and Mr.
Breslin said that he would if it were necessary.
The Chairman asked how many people would be employed in the store
and Mr. Breslin said that he and his brother would operate the store.
Mr. Brown asked how much additional business Mr. Breslin expected
and he replied that he expected to double his present business.
Mb. Brown asked what type of business he conducted and Mr.
Breslin said that it is local and he has quite a delivery., He said
that he intended to put in meat, for which he has no room at the
present time.
The Chairman asked what hours the store would be open and Mr.
Breslin replied that he would operate the sabre from 9:00 a.m.
until 7:00 p.m. and on Saturdays from 9:00Ja.m. until 8:00 p.m.
The Chairman asked if the sbbre would be closed on Sandays and
and Mr. Breslin replied in the affirmative.
The Chairman inquired about parking cars and Mr. Breslin said that
he has never had any trouble and there has never been any congestion.
Mr. Lynah asked how far from the line the store would be when the
proposed addition were completed. Mr. Breslin said that the nearest
building would be twenty or thirty feet away.
Mr. Lynah asked if the nearest building were a gelling and Mr.
Breslin replied that it is a barn.
Mr. Rich asked the size of the.lot and Mr. Breslin said that it
is about 125 or 150 feet." He said that there is a large side yard on
each side of the building.
take care of his trade. He said that he thought the corimunity could
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M'. Redman asked if the del3.vei7, truck was loaded at the rear of
the store and Mr. Breslin replied in the affirmative.
Mr. George M. Fuller, 2210 Massachusetts Avenue, said that he
would not object to the petition if the building is not widened or.
made any higher.
Mr. Donal E. Nickerson, 2195 Massachusetts Avenue, said that he
would like to speak in favor of the petitioner, if the petitioner would
agree that they have no obnbxious signs and if he would agree that the
hours will be no later than 7:00 p.m. and 5:00 p.m. on Saturdays. Mr.
Nickerson said that he believed the petitioner is Justified in asking
for an increase in his store as far as his business is concerned. He
said that he lives across the street and is of the opinion that the
business can be increased to the good of the immediate neighborhood.
Mr. Nickerson.said that he wished to speak in favor of granting the
petition and that Mrs. Nickerson wished to register herself in favor
of the addition.
Mr. Winthrop H. Bowker92160 Massachusetts Avenue, said that he
has no objection to the granting of the petition providing it is built
according tothe plans presented.
The Chairmen read a letter signed by L. F. Piper by E. F. Burbank
who wished to be recorded in favor of•granting the petition.
No persons appeared in opposition.
The hearing was declared closed at 5:13 P.M.
At _5:15 p.m. hearing was declared open upon application of Mary
LaForbune for permission to maintain a riding school on the premises
located at 113 Coneoad Avenue, Lexington, owned by William Miskell, et al.
The petitioner, her mother and father were the only persons.present
at the hearing.
Notice of the hearing was read by Mr. Rich.
Miss LaFortune said that she wanted to conduct a small riding
school and to keep six or ten horses. She said that the school would
be more or less private.
The Chairman asked Miss LaFortune if she was renting the property
and she replied in the affirmative.'
The Ohairman asked where the property is in relation to the gold
club. Miss LaFortune explained that it some distance from the club,
toward Belmont and almost on the Belmont line, She said that the nearest
house is in Belmont. She explained that the owner of the property lives
across the street from the proposed riding school.
The Chairman asked if she would rent the barn only and Miss LaFortune
replied in the affirmative. She said that she would also rent the land
which she intends to use for riding. She said that she wanted to make
an enclosed paddock.
The Chairman asked what help would be engaged to operate the school
and Miss LaFortans said that her brohhers would help and that she did not
intend to hire anyone to -assist her.
The Chairman asked who would be there to watch the horses when the
petitioner was not there. She said that the horses will be tied in the
stalls and the barn would be locked.
The Chairman asked if there would be anyone staying with the horses _
and the petitioner replied in the negative.
The Chairman asked if the petitioner would do the instructing and she
replied in the affirmative.
Mr. Brown inquired as to the area which would be used and Mrs. LaRose
said that they would have the privilege of using five acres.
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' Mr. Brown asked if there would be any signs used and Mrs.
LaFortune said that they would like to put a signup on the barn.'
Mr. Brown`inquirea as to the lighting and the hours. Mrs.
LaFortune said that there would be riding during daylight hours
and the school would be open Saturdays and Sundays.
The Chairman asked if the riders would use the street and Mrs.
LaFortune replied in the negative.
Mr. Rich asked if the school would be open the whole year and
Miss LaFortune said that she would conduct it in the summer only.
Mr. Brown asked, if anything should happen at night, mould there
be 'someone available. Miss LaFortune said that the owner of the bro-
perty lives across the street.
Mr. LaFortune said that each horse would have a halter and there
is a rope at the back of the stall with a safety catch. He said that
the horses would not be able to get out.
Mr. Lynah asked what experience Miss LaFortune had in operating
a riding school and she said that this would be her first experience.
She said that she has been riding for several years and has her own
horse.
Mr. Lynah asked how old the petitioner is and she replied that
she is twenty-two.
The Chairman asked if there were any horses in the barn now and
Bliss LaFortune replied in the affirmative.
No one appeared in opposition to granting the petition.
The hearing was declared closed at 8:29 p.m.
' The Board considered the application of Warren F. Breslin and
upon motion of Mr. Brown, seconded by Mr. Redman, 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
Warren F. Breslin 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 bb affected thereby as
theyy 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 26th day of April, 1946.
Three regular and two associate 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 Warren V. Breslin wtdhed to enlarge
the present building located at 2219 Mass. Ave., by adding a`section
in the rear sixteen feet in depth, continuing the present side walls
so that the addition would be the same width as the existing building;
that the construction would duplicate in appearance the present
building:
OC
so
that the only lighting would be sufficient to illuminate the entrance
to the building; that the height of the addition would be no greater
than the present building; that he intended to double the present
business and that the hours the store would be open would be from 8:00
in the morning until 7:00 at night except ofi Saturdays when the store
would be closed at 8:00 at night, and would be &losed all day Sunday.
He stated that his vehicles would be loaded at the rear of the building.
No one appeared in opposition to granting the pbti.tian.
At the close of the hearing the Board in private session on
April 26, 1946 gave consideration to the subject of the petition and
voted unanimously in favor of the following findings:
I. That in its ljudgment 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 intant of the regulations in the Lexington Zoning
y -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 desiratle relief may be granted without substantially
derogating from the intent or purpose of such Lexington Zoning By-law.
Pursuant to the said findiggs, 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 Warren F. Breslin to enlarge
the present building at 2219 Mass. Ave., subject to the following
conditions: That no sign would be displayed on the front of the build-
ing; that there would be no lighting of the building except a light
over the ddorway; the construction is to be of the same field stone
type ih.keeping with the present building; that the premises shall be
kept in a neat and orderly condition; that no display of merchandise
in front of the building; that the building would be open only on
week days between the hours of 8:00 o'clock in the morning and 7:00 o'clock
in the evening, expept',on Saturdays when the store would be closed at
8;00 o'clock in the evening.
The Board hereby makes a detailed record of all its progeedings
relative to such petition and hereby setts forth that the reasons for
its decision ars its findings herelnbefligre set forth and the testimony
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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/mailed forthwith to each party in interest.
*open to public inspection and that notice of the decision shall'be
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws.)
Errol H. Locke
J. Milton Brown
John F. Rich
Thomas J. Lynah
Lester T. Redman
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 11th day of
April, 1946 to Edith D. Bowker, Mary H. Green, Carolyn L. Nickerson,
Emma W. Piper, George M. & Emilie Fuller, Itrank P. & Mary G. Rycroft,
Ruth V. Ready, Helen A. McCaffrey, Robert C. & Marie E. McAnaul,
Helen F. Valliere, et al, Roy & Ethel M. Johnson, (;eorge L. & Mary E.
Barnes, George F. & Anna F. Vaughn, Dennis McNamara, John Sullivan,
W$lliam J. & Florence W. Neville, Converse & Audrey B. Hill.,
Catherine A. Kimball, Robert P. Trask, William R. & Eleanor P.
Rosenberger, George E. & Helen C. Kirk, Laura H. Kelly, Clara H. Hill,
Emily C. Collins, Katherine Ross, Elizabeth M. Phillips, Lillian A.
& Mildred M. Johnson, Phillip S. o'Dowd, George V. & Ruth E. Kropp,
John A. & Julia C. MacLean, Rose S. Roeder, Thomas H. Robinson, Jesse
& Mary Curra, Mary H. Hennessy, Mary A. & Anastisia Ferry, George S.
Thomas, Annie L. Walsh, Edwin R. Wilburh, Albert B. Giding, Agnes L.
Hall, Michael J. Zee, and also advertised in the April 11, 1946 issue
of the Lexington Minute -Man, a notice of which the following is a
true copy.
Hazel J. Murray
erc, oar o A of
N O T I C E
April 11, 1946
The
Board of Appeals will hold a hearing
on the matter of vary-
ing the
application of the Zoning By-law, upon
petition of Warren F.
Breslin,
for permission to move the rear wall
of the building located
at 2219
Massachusetts Avenue, Lexington, back
sixteen feet, construct
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side walls and roof, under the Lexington Zoning Law or in accordance with
Chapter 40, Sections 25 to 30 as amended. I The hearing will be held in the Selectmen's Room, Town Office Build-
ing on Friday evening, April 26, 1946 at 8:00 p.m.
WINTHROP H. BOWKER
Chairman, Board of Appeals
April 8, 1946
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 section of the Lexington Zoning By-law with
respect to the premises at No. 2219 Massachusetts Avenue, owned by Mrs.
Thomas H. Breslin of Lexington by permitting the following: Moving the
rear wall of the present building back sixteen feet {16'}, construct
side.walls and roof,,, all as shorn on plans submitted.
Warren F. Breslin
2227 Massachusetts Avenue
Lexington, Mass.
The Board then considered the application of Mary LaFortune and
upon motion of Mr. Lynah, seconded by Mr. Rich, it was unanimously voted
to grant the petition in the following form:
BOARD OF APPEALS PERMIT
The Board of Appe als, 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 Mary LaFortune a copy of which is
hereto annexed, held a public hearing thereon of which notice was mail-
ed to the petitioner and to the owners of all property deemdd 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 26th day of April, 1946.
3."
' Three regular and two associate 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 Mary LaFortune wished to
maintain a riding school on the premises located at 113 Coneord..Ave.,
9bined by William Iliskell, et al; that she was renting the stable and
a tract of land approximately five acres; that she wished to keep
on the premises not more than ten riding horses; that the riding
school would be operated only during daylight hours; that there
would be small sign on the barn; that during the night the barn would
be locked, but there would be no hired help outside of the members
of her own family; that there would be no one on the premises durir
the night hours; that an enclosed paddock would be constructed
and that the principle use of the horses would be limited to the
immediate premises.
No persons appeared in opposition to granting the petition.
At the close of the hearing the Board in private session
on April 26, 1946 gave consideration to the subject of the
petition and voted uasnimously 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 provisions of the
Lexington Zoning By-law as to the locus in question would involve
substantial hardship to the pettti&ner 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
decided that the application of the Lexington Zoning By-law
is hereby varied so far as may be necessary to permit Mary LaFortune
to maintain a riding school on the premises located at 113 Concord
Avenue, owned by William Miskell, et al, subject is 'the following
conditions: That the number of riding horses kept on the premises
shall be limited to six; that the only sign shall be a small one on
the building; that the riding school will not be operated after
dark; that when the horses are off the premises they shall be under
proper control and supervision at all times; that the parking of
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a
automobiles of
customers shall be on
the premises; that the
'
premises shall
be kept in a neat and
orderly condition and that
there shall be
no unnecessary noise.
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 thitt�record immediately follming
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 Lagos`. )
Errol H. Locke
J. Milton Brown
John F. Rich
Thomas G. Lynah
Lester T. Redman
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 11th
day of April, 1946 to Mary LaFortune, Henry S. Moody, Tr., Moody
Land Trust, Sanfont Realty Corporation, and also advertised in the
Lexington Minute -Man on Arpil 11, 1946, a notice of which the follow-
ing is a true copy.
Hazel J. Murray
C erk, Board, of Appeals
N O T I C E
April 11, 1946
The Board of Appeals will hold a hearing on the matter of
varying the application of the Zoning Law on petition of Mary
LaFortune for permission to maintain a riding school on the premises
located at 113 Concord ATengze, owned by William Miskell, et al..,'
under the Lexington Zoning By-law and in accordance with General
Laws, Chapter 40, Sections 25 to 30 as amended.
The hearing will be held on April 26 1946 at 8:15 p.m.
in the Selectmen's Room, Town Office Building, Lexington, Mass. '
WINTHROP H. BOWKE"R,
Chairman, Board of Appeals
'Mexington Board of Zoning Appeals March 26, 1946
Town Office Building
Lexington, Massachusetts
.Gentlemen:
The undersigned hereby petitions the Lexington Board of
Appeals, appoib.ted under'General Laws, Chapter 40, Sections 25
to 30 as amended, to vary the application of section VII of the
Lexington Zoning By-law with respect to the premises at 113 Concord
Avenue, Lexington, owned by William Miskell, Emily Miskell, Mary
Connolly of Lexington by permitting the following: To start a
small riding school (horseback).
Mary LaFortuns
69 Spring Street
Lexington, Mass.
The meeting adjourned at 9:25 p.m.
I
A true record, Attest:
n
a el
Murray
--Clerk, vBoardof Appeals