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HomeMy WebLinkAbout1946-04-26SEE PAGE 36 FOR April 24, 1946 meeting. BOARD OF APPEALS MEETING I April 26, 1946 1 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. �f 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 M 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. F 1 1 DWI EXKIA ' 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 3 1Y 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 32 CA 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 - — 4 3T 00 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