HomeMy WebLinkAbout1946-12-062D6. Cr
BOARD OF APPEALS MEETING ,
December 60, 1946
A meeting of the Bo"d of Appeals was held
in the Selectments Room, Town Office Building, on
Friday evening, December 6, 1946, Chairman Bowker,
Mr. Locke, Mr. Redman and Associate Members Ballard
and Rich were present at the hearing. The Clerk
was also present.
At 8;04 P.M., hearing was declared open upon
the 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 C. Johanson.
Notice of the hearing was read by Mr. Ballard.
Eleven persons attended the hearing.
Miss Johanson stated that she was merely applying
for a renewal of the Permit granted her last year - on
exactly the same basis and exactly the same con-
ditions. She has nothing to add or detract from '
last year. Mr. Bowker asked Miss Jo#anson'if she
intended to have the same number of horses. The
petitioner answered yes. Mr. Bowker read the order
of last year which is as follows:
"That she wished to maintain a riding school and
stable on the premises located at 503 Concord Avenue,
Lexington, owned -by the petitioner; -that she intended
to have eight (8) 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 conditipn 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 did not intend to
have any riding done after dark and that she intended
to set up a riding ring on land at the rear of her
stable; that she would provide suitable parking space
for her patrons. She also stated that riders would
have access to eighty -f ive (85) acres of her property."
Said petition was granted subject to the f olIDow-
ing restrictions; I
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Mr. Barker, 477 Concord Avenue, says he, too, feels
the same as he did last year. He questioned whether or
not the Zoning Laws would be changed again. Mr. Bowker
explained that this was merely a renewal - not another
variation of the Zoning Laws, Mr. Barker still objects
to this petition.
Mr. McCormack, 475 Concord Avenue, does not feel that
Miss Johanson has adequate parking facilities. He
objects on this ground.
Mrs. McCormack, 475 Concord Avenue, objects to the
granting of this petition. She stated that the cows have
been running wild; eating all the vegetables. She stated that
if toes can get out, so can horses.
Mr. Baylis, 507 Concord Avenue, stated that he was
' the nearest resident, and has been a taxpayer for 24 years;
that the community had always been a quite one. Mr. Bowker
asked if horses would be objectionable and Mr. Baylis
answered yes. He is within 100 feet of the barn.
"That the petition shall be granted f or a period
from the date of the granting of the petition until
December 319 1946; said petition subject to withdrawal
by the Board should the riding stable be conducted in
such a manner as to be detremental to the neighborhood.
"This permit is also subject to the following con-
ditions; That ample parking facilities shall be provided
on the land of Lily C. Johanson to care for the patrons
of the riding shcool; that not 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 fending shall be constructed and
maintained in connection with the riding ring; that proper
precautions shall be. taken by the petitioner to prevent
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 beplaced on property of the petitioner
to notify traffic that there is a riding shcool in that
location; that no sign shall be constructed over six (6)
square feet for advertising or instructional purposes;
that this permit shall be granted only to Miss Lily C.
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Johanson and expires should the school be transferred
to someone else."
John Sellars, 430 Concord Avenue, said that he felt
the same as he did last year. He does not think that the
riding school would be a nuisance. He feels very sure
that Miss Johanson will conduct this school in a proper
manner.
Mr. Barker, 477 Concord Avenue, says he, too, feels
the same as he did last year. He questioned whether or
not the Zoning Laws would be changed again. Mr. Bowker
explained that this was merely a renewal - not another
variation of the Zoning Laws, Mr. Barker still objects
to this petition.
Mr. McCormack, 475 Concord Avenue, does not feel that
Miss Johanson has adequate parking facilities. He
objects on this ground.
Mrs. McCormack, 475 Concord Avenue, objects to the
granting of this petition. She stated that the cows have
been running wild; eating all the vegetables. She stated that
if toes can get out, so can horses.
Mr. Baylis, 507 Concord Avenue, stated that he was
' the nearest resident, and has been a taxpayer for 24 years;
that the community had always been a quite one. Mr. Bowker
asked if horses would be objectionable and Mr. Baylis
answered yes. He is within 100 feet of the barn.
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Mrs. Gough, 451 Concord Avenue, feels that same
as she did last year. Objected then and does now.
She asked if horses would be allowed to go down
Concord Avenue. It would be a nuisance if this
were allowed for it is much too narrow. Mrs.
Gough stated that the riding school has not been
operated as yet.
Miss Johanson stated that in applying for this
permit last year she did not base it on the plea::
Of poverty. Mr. Sellars said that inasmuch as Miss
Johanson had a heavy tax burden, anything that could
be done would be of help.
Mr. Bowker asked Miss Johanson if she intended to
sub -divide her property and sell for house lots. Miss
Johanson said not at present as she enjoyed the farm
and her greatest pleasure is having cows and horses.
Up until five years ago, there were always horses -
it is a natural condition of farming.
Mr. Baylis stated that any project involving the
general public is bound to have complications.
Mr. Bowker asked if the neighbors would feel
better if the horses were restricted to Miss Johanson's
property. The answer was yes.
Mr. Redman asked if the petitioner would be con -
teat to have the petition granted if the horses were
kept on her property. Miss Johanson said she would
rather have the petition granted on these grounds
than not at all. Miss Johanson said, however, that
if she were restricted this way, all the other riding
schools should be, too. She said that if people want-
ed to ride to her school, these restrictions would be
very difficult.
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Mrs. Ba lis 507 Concord Avenuestated that
it was her understanding that the riding school was
to obtain money for taxes. Since that time a great
amount of property has been sold and would relieve
the financial condition. The barn has not been idle,
and the fields also have been in use. Miss Johanson
received money from the man who owned the cows, and as
far as she can see, there should be no reason now why
the permit should be,granted. Mrs. Baylis asked if
the horses would cross Concord Avenue, and if so,
she feels that it should be paved as it is only a
few yards from their front yard.
Mrs. Jessie Barker, 477 Concord Avenue, asked
if the changing of the Zoning Laws would be for this
permit only, or whether it would completely change
them.
Mrs. Gough, 451 Concord Avenue, feels that same
as she did last year. Objected then and does now.
She asked if horses would be allowed to go down
Concord Avenue. It would be a nuisance if this
were allowed for it is much too narrow. Mrs.
Gough stated that the riding school has not been
operated as yet.
Miss Johanson stated that in applying for this
permit last year she did not base it on the plea::
Of poverty. Mr. Sellars said that inasmuch as Miss
Johanson had a heavy tax burden, anything that could
be done would be of help.
Mr. Bowker asked Miss Johanson if she intended to
sub -divide her property and sell for house lots. Miss
Johanson said not at present as she enjoyed the farm
and her greatest pleasure is having cows and horses.
Up until five years ago, there were always horses -
it is a natural condition of farming.
Mr. Baylis stated that any project involving the
general public is bound to have complications.
Mr. Bowker asked if the neighbors would feel
better if the horses were restricted to Miss Johanson's
property. The answer was yes.
Mr. Redman asked if the petitioner would be con -
teat to have the petition granted if the horses were
kept on her property. Miss Johanson said she would
rather have the petition granted on these grounds
than not at all. Miss Johanson said, however, that
if she were restricted this way, all the other riding
schools should be, too. She said that if people want-
ed to ride to her school, these restrictions would be
very difficult.
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' Mr. Locke said that he did not feel that there
could be any restriction on horses coming to her property.
This restkiction would apply only to her horses.
Mrs. Gough said that one lone rider on Concord Avenue
was different from a group of Hiders.
All the neighbors still object to the riding school
regardless of whether they were kept off Concord Avenue.
If this permit is granted, the abutters would like to
have it granted for one year so that they would have the
right to discuss it again.
Mr. Bowker asked Miss Johanson if she intended to
have the riding school and Miss Johanson answered yes.
Due to the shortages she has not been able to conduct it
as yet, but she would like to have advantate of the permit
for the time when she can go ahead with it.
Mr. Bowker asked the petitioner if she owned any
horses, and her answer was no.
The hearing was declared closed at 8,40 P.M.
At 8;45 P.M. hearing was declared open upon the
petition of Pilary L. Schumacher for permission to alter
a one family house to accommodate more than one famil$
on the premises located at 148 Wood Street, Lexington,
owned by August Schumacher,
Notice of the hearing was read by Mr. Redman. The
petitioner was the only person present.
Mrs. Schumacher said that she owned the farmhouse
originally owned by Mr. Ballard. She would like to
renovate the backend -of the house - making a three-
room apartment of it. She would have to put in a
bathroom and a sink. Structuall-k it is perfect; has
a foundation and cellar - originally a large woodshed
with two -rooms.
Mr. Bowker asked if she would change'the outside
appearance and the petitioner skid the only change would
be a window.
She owns avout 44 acres of land; they have exactly
the same amount of property that Mr. Ballard had. Mrs.
Schumacher statbd that it would be necessary to put in
plumbing and a heating system for the proposed apartment.
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Mr. Schumacher needs assistance on the
apartment would be livingquarters for
couple or a single man. They have been
hire anyone as yet.
farm and this '
either a
n unable to
Mr. Bowker asked the petitioner if she would
rent the apartment until they were able to hire a
f arm -hand and Mrs. Schumacher said they would.
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Mr. Locke asked Mrs. Schumacher would object
to having this petition granted only so long as she
owned the property, and.should she sell, it would
then go back to a single residence. Mrs. Schumacher
has no objections to this restriction.
The hearing was declared closed at 8;50 P.M.
At 9;00 P.M., hearing was deleared open upon
the petition of the Lexington Coal Company for
permission to install three above -ground tanks
for the storage of 30,000 gallons of range and fuel
oil on the property of the Lexington Coal Company
on Bedford Street, Lexing9on.
Notice of the hearing was read by Mr. Redman.
There were seven persons present at this hearing.
Francis E. Burke, 88 Bedford Street, appeared
as Counsel for the Lexington Coal Company.
He stated that the notice was self-explanatory.
The company would like to erect three aboveground
tanks - 10,000 gallons each. This property of the
Lexington Coal Company has been used as business
property since 1911. The coal yard is naturally
adapted for bubiness use, and as coal yards go,
it is conducted as well as any.
The tanks they propose to erect will be steel
tanis - painted aluminum - sealed tight - and will
be somewhat removed from public view. He doubts
that there would be any objection from the viewpoint
of being unsightly. The tanks are below the level
of the top of the buildings.
Mr. Bowker asked how high the tanks would
be. Mr. Wellington of the Coal Company stated
that they would be about 16 feet The oil business
goes along with the coal business. There is a great
demand for range oil and fuel oil due to conversion.
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From a fire hazard standpoint, Mr. Burke does
not feel that there is any.
As to the possibility of any increase'in insurance
rates, the Insurance Rating Board informed the company
today that it would not affect any property unless it
was located within 50 feet of the tanks. There are no
houses or property within this radius.
Mr. Burke has tried to anticipate any reasonable
objections and as he sees it, the only possible ones
would be fire hazard, unsightliness and insurance rates.
The tanks will be in the rear of the present buildings.
A map was presented to the Board of Appeals for
their inspection.
Mr. Bowker stated that this is the same type of
petition presented to the Board of Appeals in 1932. The
records will show that a permit was granted to the Lex-
ington Coal Company to install these tanks, but that
the petition would be null and void within one year.
Mr. Bowker asked if the petitioner knew of any reason
' why the tanks were not installed at that time. Mr.
Burke said that it was under different management then,
and they are not prepared to say why the tanks were not
erected.
Mr. Bowker asked which side of the land was the
highest, and Mr. Wellington stated that the land flows
from the railroad to the brook.
Dr. Pious, 255 Bedford Street, said that he was
the newest house owner. Mr. Burke has answered all the
questions regarding fire hazard and insurance rates.
The only question that he would like answered is wAether
it would be possible to bury these tanks.
Mr. Robert Allen, 253 Bedford Street, stated that
his greatest objection was the fact that the tanks were
to be aboveground. He thinks that it would meet with more
approval if they were placed underground. All the neighbors
agreed they would have no objections if this were done.
Mr. Allen presented a petition signed by the abutters
which he read to the Board of Appeals. This petition was
placed on file. Mr. Burke asked to examine it.
Mr. Silva, 231 Bedford Street, objects to the oil
' tanks. He has recently moved from Cambridge. He objects
to the odor and to the looks of the tanks. Mr. Bowker
asked if he would be able to see them and Mr. Silva
answered yes.
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Mr. Burke stated that tanks that are painted and
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kept painted are not unsightly.
Mr. Bowker asked the diameter of the tanks and Air.
Wellington said about eight feet, the height is to
be 16 feet from the ground.
Mr. Burke stated that the property will not be
depreciated and that the cost would be prohibitive
to place these tanks underground due to the brook
situation. Mr, Bowker asked if the petitioner
would be willing to put trees around these #,auks,
Mr' Wellington said he would be willing to do this,
but it would-be some time before they would do any
good.
Mr. Rich asked about the odor. Mr. Wellington
stated that there should not be any except from spilling.
Mr. Rich asked about the filling of the tanks - whether
from the railroad or transport. Mr.'Wellington said
that trucks would drive to the tanks. He will have
one truck to start with. It is impossible to buy
a tank truck today.
Mr. Locke 'asked what percentage of oil sold would ,
go to Lexington residents. Mr, Wellington stated
that about three-quarters of all business is in Lex-
ington. Mainly Lexington and Bedford would be served.
Dr. Pious asked if other private dealers would be
buying from the company. Mr. Wellington does not con-
template selling to peddlars. All business will be
done within the property of the Lexington Coal Company
so there will be no traffic problem.
The hearing was declared closed at 9;35 P.M.
The Board considered the application of Lily C.
Johanson. Upon motion of Mr. Locke, seconded by Mr.
Rich, it was unanimously voted that the application
of Lily C. Johanson be granted in the following form;
BOARD OF APPEALS PERMIT
The Board of Appead.s, acting under the Lexington
Zoning By -Law and General Laws, Chapter 40, Sections
25'to 30A as amendedhaving received a written petition
addressed to it by Lily C. Johanson a copy of ah ich
is hereto annexed, held a public hearing thereon
of which notice was mailed to the petitioner and to '
Seven neighbors spoke opposing the petition and one
neighbor spoke in favor of the petition.
At the close of the hearing the Board in private
session on December 6, 1946, gave consideration to the
subject bf 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.
the owners of all property deemed by the Board tp.be
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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 Selectments Room, in the Town Office Building on
the sixth day of December, 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 she wished to have the Permit granted on the
twenty-eighth day of September 1945 extended subject to
the same restrictions and conditions as included on
the previdus permit, She stated that she wished to
maintain a riding school and stable on the premises
located at 503 Concord Avenue, Lexington, owned by the
petitioner; that she intended to have eight (8) horses
of her own, and possibly board others, not to exceed twenty
420) 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
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school; that she intended to hire a riding instructor on
a full-time basis to supervise the school. The petitioner
also stated that she did not intend to have any riding done
after dark and that she intended to set up a riding ring
on land at the rear of her stable; that she would provide
suitable parking space for her patrons. She also stated
that the riders would have access to the complete acerage
of her property.
Seven neighbors spoke opposing the petition and one
neighbor spoke in favor of the petition.
At the close of the hearing the Board in private
session on December 6, 1946, gave consideration to the
subject bf 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.
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4. That owing to conditions especially affecting '
the said parcel but not affecting generally the Zoning
district in which it is located, a literal enforce-
ment of the provisions of the Lexington Zoning By-
law as to the locus in question would involve sub-
stantial-;hardship to the petitioner and that desirable
relief may be granted without substantially derogating
from the intent 6r purpose of such Lexington Zoning
By-law.
Pursuant to the said findings, the Board hereby
unanimously decides that the application of the Lex-
ington Zoning By-law is hereby varies sof ar as may
be necessary to permit the operation of a riding
school and stable by Miss Lily C. Johanson on the
property known as the Cutler Farm, 503 Concord Ave-
nue, Lexington; 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, 1948* said petition subject to with-
drawal by the Board should the riding stable be
conducted in such a manner as to be detrimental to
the neighborhood. '
This permit is also subject tb 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 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 maintained in connect-
ion with the riding ring; that proper precautions shrill
be taken by the petitioner to prevent the horses from
golAg on to other peoples' property without the con-
sent 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 instructional 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 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
215
' 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)
/s/ Winthrop H. Bowker
Lester T. Redman
Errol H. Locke
Walter E. Ballard
John F. Rich
I, Virginia B. Tarbell, Clerk of the Board of Appeals
of Lexirg ton, appointed under General Laws, Chapter 40,
Section 27, hereby certify that I sent by postage cer-
tificate of mailing on the twenty-first day of November
1946 to Lily C. Johanson, Edward & Julia Martin,
' Carrie L. Pilkington & Florence Baldwin, James, Bertha,
Frank Jr., and Mary Dias, John Dias, Jr., Ervin S. &
Doris Cruikshank, Bernhard E. & Eda Turnquist, John A.
Sellars Dairy, Inc., Duncan E. & Jessie M. Barker,
Theron -H. & Julia E. Gough. -Charles E., Jr., & Lura M.
Teeter, Jessie P. McCormack, John W. & Alice R. Matthews,
Francis -M. Fay•& Alice J: Matthews, City of Waltham,
Waltham, Mass., Thomas W. Baylis, and also advertised
in the Lexington Minute -Man on November 21, 1946, a
notice of which the following is a true copy,
/s/ Virginia B. Tarbell
Clark, Board of Appeals.
N 0 T I C E
November 21, 1946
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning By-law
upon 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 C. Johanson, under the Lexington Zoning
' By-law and in accordance with General Laws, Chapter 40,
216
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Sections 25 to 30A as emended. ,
The hearing will be held on December 6, 1946
at 8;00 p.m* in the Selectments Room, Town Office
Building, Lexington, Mass,
WINTHROP H. BOWKER
Chairman, Board of Appeals
September 30, 1946
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen;
The undersigned hereby petitions the Lex-
ington Board of Appeals, appointed under General
Laws, Chapter 40, Section 25 to 30 as amended, to
vary the application of section 9a of the Lexington
Zoning By-law with respect to the premises at Viler
Farm, 503 Concord Avenue, owned by L. C. Johanson
of Lexington by permitting the following; Riding
school and stable. '
Lily C. Johanson
503 Concord Avenue
Lexington 73, Massachusetts
The Board 'then considered the application of
Mary Schumacher, Upon motion of Mr. Rich, seconded
by Mr. Redman, it was unanimously voted that the
application of Mary Schumacher be granted 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 30A as amended, having received a written
petition addressed to it by Mary L. Schumacher,
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 adver-
tised 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 sixth day of December, 1946.
217
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 she wished to alter a one family house to accommodate
more than ohe family on the premises located At 148 Wood
Street, Lexington, owned by August Schumacherp The
petitioner stated that she wished to subdivide the rear
portion of the house into a three room apartment; that
she hoped to be able to obtain some couple to occupy this
apartment who would assist in maintaining the farm, but
that she expected it would be necessary to rent the
apartment to someone else for a short period. She stated
that there would be no changes in the appearance of the
dwelling - except possibly the installation of one window.
The petitioner stated they intended to make suitable
changes in the plumbing and heating facilities to provide
for the apartment. No-one appeared in opposition to the
granting of the petition.
At the close of the hearing the Board in private
session on December 6, 1946 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
of 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 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
' Mary L. Schumacher to alter a one family house to accommodate
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more than one family on the premises located at
148 Wood Street, Lexington, owned by August Schumacher
subject t* the following restrictions; That the use
will be permitted.only so long as the Schumaohers
own and occupy the dwelling.
'The Board hereby makes a detailed reeord.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 here-
in sumnari'led, 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)
/s/ Winthrop A. Bowker
Errol H. Locke
Lester T. Redman
Walter Co Ballard
John F. Rich
I. Virginia B. Tarbell, 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 twenty-first
day of November 1946, to August Schumacher, Gail W.
Smith, Peres Avigdor, Rene Avigdor, John D. & Jessie
F. Polley, Jessie B. Barker, KOnneth S. & Marian M.
McIntire, Louise M. Brogna & E. Elisabeth Holton, Marie
C. Maguire, ;Ul is A. & Sally A. Syer, Hugh J. Maguire,
Sarah E.,Charles P. & Martha E. Holmes, Margaret J.
Jennings, and also advertised in the Lexington
Minute -Man on November 21, 1946, a notice of which
the following is a true copy.
/s/ Virginia B. Tarbell '
Clerk, Board of Appeals
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N 0 T I C E
November 211 1948
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning By -lax upon
the petition of Mary L. Schumacher for permission to alter
a one family house to accommodate more than one family
on the premises located at 148 Wood Street, Lexington, owned
by August Schumacher, under the Lexington Zoning By-law
and in accordance with General Laws, Chapter 40, Sections
25 to 30A as amended.
The hearing will be held on December 69 1946 at 8;15
p.m. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
WINTHROP H. BOWKER
Chairman, Board of Appeal s
November 18, 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
403, Sections 25 to 30 as amended, to vary the application
of section 9c of the Lexington Zoning By-law with respect
to the premises at No. 148 }Food Street, owned by August
Schumacher of Lexington by permitting the following;
Alteration of a one family house for the occupancy
of two families.
Mary L. Schumacher
148 Wood Street
Lexington, Mass.
'-The Board then considered the application '
of the Lexir4 ton Coal Company. Upon motion of Mr.
Ballard, seconded by Mr. Locke, it was unanimously
voted that the application of the Lexington Coal
Company be granted in the following form;
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lex-
ington Zoning By -Law and General Laws, Chapter 40,
Sections 25 to 30A as amended, having received a
written petition addressed to it by Lexington Coal
Company a copy of which is hereto annexed, held a
public hearing thereon of which notice was mailed
to 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 sixth day
of December, 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 they wished to
install three aboveground steel sealed tanks for
the storage of -30,000 gallons of range and fuel oil
on the property of the Lexington Coal Company on
Bedford Street, Lexington. The petitioner stated
that the tanks would be located in the business
district at the rear of the present coal pocket
adjacent to the railroad tracks; also that the top
of the tanks would be approximately 16 feet above the
ground and the diameter of the tanks approximately
8 feet. The petitioner also stated that there would
be no particular odors from these tanks. The
attorney for the petitioner stated that he had con-
sulte-d the Insurance Rating Board and he had been
advised by the Board that the installation of the pro-
posed tanks would not affect insurance rates on any
adjoining property, unless the buildings were within
fifty feet of the tanks, and that there were no such
residences in that district. Because of the moisture
conditions of the soil, it would be financially
impracticable to install these tanks underground.
Three persons ppoke objecting the the physical
appearance of these oil tanks in this vicinity. I
At the close of the hearing the Board in private
session on December 6, 1946 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.
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 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
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)
/s/ Winthrop H. Bowker
Errol H. Locke
Lester T. Redman
John F. Bich
Walter C. Ballard
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 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 installation of three aboveground steel sealed
tanks of 10,000 gallon capacityp each for the storage of
range and fuel oil on the property of the Lexington Coal
Company on Bedford Street, Lexington; the location of
these tanks to be approximately as indicated by the
petitioner, and that the premises will be kept in a neat
and orderly condition at all times.
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 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
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)
/s/ Winthrop H. Bowker
Errol H. Locke
Lester T. Redman
John F. Bich
Walter C. Ballard
I. Virginia B. Tarbelly. Clerk of the Board
of Appeal's of Lexington, appointed under General Laws,
Chapter 40, Section 27, hereby certify that I sent
by postage certificate of mailing on the Twenty-first
day of November 1946 to Lexington Coal Company, Fred
D. & Ida M. Hinkley, Frank Silva; Boston & Maine
Railroad, Robert G. & Edma R..Allen, Cornelia
Bierenbroodspot, Dr. Leonard K. Pious, Roy S. &
Pauline P. Hanks, Alfred & Edith R. Eneryson, H. Law-
rence Cook,.Edward M. & Mary L. McGovern, Louisa G.
Bean, Ellen E. Teague & Everett B. Teague, Charlena
J. Bjorkgren,.Jam.es A. & Margaret J. Aker, Laura M.
Walker, Abbie W. Fuller, and also advertised in the
Lexington Minute -Man on November 21, 1946, a notice
of which the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
N O T I C E.
November 21, 1946
The Board of Appeals will hold a hearing on the '
matter of determining the application of the Zoning
By-law by permitting the installation of three above-
ground tanks for the storage of 30,000 gallons of
ragge_and fuel oil on the property of the Lexington
Coal Company on Bedford Street, Lexington, under the
Lexington Zoning By-law and in accordance with Gen-
eral Laws, Chapter 40, Sections 25 to 34 as.amended.
The hearing will be held on December 6, 1946
at 8;30 P.M. in the Selectmen's Room, Town Office
Building, Lexington, Mass,
WINTHROP H. BOWKER
Chairman, Board of Appeals
November 14, 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 6c of the Lexington Zoning
By-law with respect to the premises at Pio. 241? Bed-
ford Street, owned by Lexington Coal Co. of Lexington
by permitting the following; Installation of three
above ground tanks for the storage of 30,000 gallons of
range and fuel oil.
Harold J. Wellington
242 Bedford Street
Lexington 73, Mass.
The minutes of the meeting of November 15, 1946
were approved.
The meeting adjourned at 10;30 P.M.
A true record, Attest;
1
Clerk, Board of Appeals
223