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HomeMy WebLinkAbout1947-01-24240 BOARD OF APPEALS MEETING ' January 24, 1947 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on Frida$ evening, January 24, 1947. Chairman Locke, Mr, Nicker- son, Mr. Redman and Associate Members Ballard and Ripley were present at the hearing. The Clerk was alm present. At 8;08 P.M., hearing was declared open upon the petition of the Community Nursery School, Incorporated for permission to maintain and operate a nursery school and kindergarten on the premises located between Nos. ?x295 Massachusetts Avenue and 2361 Massachusetts Avenue, Lexington, owned by Elimm W. Funkhouser, Jr. and -John P. Rich, both of Lexington. Notice of the hearing was read by Mr. Redman. Where were eighteen persons present. Notices..of this hearing have been mailed to the owners of all property deemed by the Board to be affected thereby., as they appear on the most recent tax list. . Mrs. Robert Packard, 14 Gleason Road, stated that , she was Chairman of the Board of Directors of the Community Nursery School, Incorporated. They are appealing again for permission to operate the school. The par- ticular lot of land in questlon is the best suited for #ieir purposes. They have looked Lexington over quite thoroughly and this site, because of its size, location, and availability, as well as price, is particularly suited to their needs. The situation is not substantially different from what it was this past summer. In the meantime they have become acquainted with the neighbors and abhtters, and through conferences with them, their mutual mis- understandings have been cleared up. Several of the neighbors have been kind enough to appear this evening and there are letters from others stating that they would be in favor of granting this petition. They are not going to take the Board's time to explain what the organization -is, or their objectives, because they feel that members of the Board know the story quite well. Mr. Locke asked the location of this property. Mrs. Packard said it was just over the top of Concord ' Hill; right-hand side going towards Concord - across from the Barnes place - almost directly across from the Water Tower. It doesnit have the appearance of being 241 ' an open lot because it is quite high off the street. Mr. Locke stated that the Board has the evidence from the last meeting which is a matter of recofd. He asked if there were going to be any changes. Mrs. Charles E. Teeter, 463 Concord Avenue stated that there would be only one change. The impression given the last time was that they would fence the entire lot. This is not their intention now. What they are going to do is to erect a building approximately 30 x 60; fence in the play space adjoining that building which will be possibly the same area - possibly slightly larger. The details of the building will have to await the arch- itectts design. This could not be prepared until they knew the outcome of this hearing. Mx. Locke asked about..the hours the school would be operated. Mrs. Parckard said from 9 to 12 - five eays a week, with one or two afternoons for the five-year old group. Mr. Ballard asked the location of the building. Mrs. Pacakrd said that they were going to place the build- ing so that it would be accessible but notconspicuous. They would prefer to have the play area in front of the building in order to shelter the children in the play area from the north and west. Mr. Ballard asked how far back the building would be placed. Mrs. Teeter stated that it would be back aboug 150 feet. Mr. Redman asked if the children would be transported in private cars. Mr. White, 3 Hancock;.Avenue stated that the children would be bPought by various means; majority brought by some form of paid transportation. There will be about three cars operating to and from the school each day. The teachers come by bus at the present time. Mr. Redman asked about a driveway. Mr, White stated that the ,driveway is indicated on the map shown - at the far side of the property. This is the only drive that could go into the property. Mr. Ripley asked if that was the one that would be used. The answer was yes. Mr. Redman asked about parking on the lot. Mr. White stated that there is a parking area adjacent to the building. 242 Mr. Redman asked if the children were unloaded I on the lot. Mr. White's answer was in the affirmative. Mr. Elmer Funkhouser, 1377 Massachusetts Avenue stated that the school has been able to pperate with financial security for 1 1/2 years as a corporation. As soon as material isavailable, they intend to build this building and operate as soon as possible. Mrs. George Vaughn, 2361A Massachusetts Avenue said that she would like to know about changes made that have caused the neighbors, objections to be removed. As far as she can see, everything is just the same as it was the last time. Mr. William J. Neville, 2361 Massachusetts Avenue, stated that he had conversed with Mrs, Vaughn regard- ing the school. He was formerly against it. Since then he has hada change of mind - he has thought it over very seriously. With the possibility'of increased home construction, many other incidents might arise that would be more bothersome. These are his main reasons for his change of mind. Mrs. Helen A. McCaffrey, 33 Parker Street said that ' she owns the property directly opposite the proposed build- ing. She would like to know, if the permit is granted, which she feels is likely, after a year or two if the Zoning Law has been changed making.that a buAiness district, will it mean if the school fails thAt any kind of business can come in and take over. Mr. Locke explained that if the petition is granted, it does onb thing and one thing only'- grants this variance. The only other use that could be made of this property would be a single family residence unless a new owner came before the Board and asked for a variance. The Board does not have authority to grant permission for stores or business - that would have to come before Town Meeting. Granting this would only give this petitioner the right to build and maintain a nursery school. Mrs. Parkard said that it was rather remote in their minds that they might fail. With this faint contingency in mind, however, the building will be constructed in such a way - that it could be converted if necessary. Mrs. Vaughn asked about the playground in front of I the building. 243 ' Mrs. Teeter said if the playground were in back, the children would be shaded. Mrs. Vaughn asked the number of children they propose to have. Mrs. Teeter said 50 to 60 would be the maximum. Mrs. Vaughn asked if there would be one session. Mrs. Teeter said they could accommodate three groups of approximately 15 children each with three teachers. Mrs. Teeter went on to say that the distance of this build- ing from others would be about 200 feet. When the child- ren are eutsidg, they would always be under supervision. Mrs. Vaughn asked about the size of the building. Mrs. Teeter said about 180 feet. As to the question of noise, Mrs. Teeter stated that they went to the near- est house where they are now operating - the distance from the play area being about 100 feet away, and were told that it was not a nuisance even though they were very much con- cerned about it.at first. Mrs. Douglas McGregor, 52 Percy Road said that children outside under supervision are very much different from groups that are on the street. They are directed to their activities and are quite busy and involved in what they are doing. They would probably have a group of 15 children in the play area instead of 45 at one time. This, of course, would make a vast difference in the amount of confusion. Mr. Roy Johnsen, 2295 Massachusetts Avenue said he would like to answer Mrs. Vaughn's question as to why people had changed their minds. Mr. Johnsen was very much opposed, but is thoroughly subdued now. He has taken pains to find out more about the school. Other schools in other localities is the biggest thing that swayed him. Question of noise that children would make has been discussed by Mrs. McGregor who said that children supervised do not make as much noise as groups who are not. The other thing that impressed him is the fact that the children are there only part of each day, and only five days a week. If a group of homes shbnld go in around there, the children would be running wild. Of the two evils, he would take the lesser. As to the depreciation of property. From checking with other localities, Mr. Johensen finds that that type of school is not to be classed with a public school, nor with a gas station or fire station. This same school conducts classes in the next room to where the Rotary ' Meetings are held and he has never been conscious of the 244Oc fact they were there. He has taken particular I notice and has found no fault. Mars. Vaughn stated that if there was a develop- ment, and a street went through, she would have better fire protection. A development would be to her advantage. Mr. Elmer Funkhouser stated that he asked the Town Engineer to make a survey and they were advised that there was not sufficient land available to out a street through there and still have adequate and well-balanced building lots. Mr. Barnes, Muzzey Street stated that he has watched the school on Muzzey Street on several occasions and he thinks that anyone who could be bothered by the children would be a very unusual person. There is nothing prob- ably more enjoyable to most people than children when they are properly supergised. Mr. Locke asked Mrs. Vaughn if she were opposed -now. She said that she objected because it was not a residence. Mrs. McCaffrey Stated that she could see perfectly well why Mrs. Vaughn was justified in asking questions. ' Something has come up to make the people change their minds. She would like to ask the owners how long they have had the property. Mr. Funkhouser said they bought the property around November 19. They had an option to buy and it expired very shortly thereafter. They bought it with the sold intention of reselling it to the Community Nursery School. If not able to do so for some reason and within a reason- able length of time. they would dispose of it or hold it. They hadn't discussed what they would do. Mrs. McCaffrey stated that. to her way of thinking a newcomer had as much say as an "old-timer" which to her mind is -not right. She has had many offers to sell her property but she has had consideration for the neighbors. Mr. Neville stated that he felt Mr. Locke should once again repeat that it took 2/3 vote of Town Meet- ing to change this to a business zone. Mr. Locke said that a shcool is not classed as a business. 1 ' Helen Ready, Parker Street, asked if they intended to sell to this organization. Mr. Funkhouser answered in the affirmative. Mr. Funkhouser said that when the property was offered for sale it was offered within a certain length of time. When last hearing was not granted, he and Mr. Rich bought the property with the idea of holding it for the school if permission were granted at this time. They bought two acres of land. Mr. Funkhouser stated that he is Treasurer of the Community Nursery School. Mrs. Packard stated that they would like to have permission in case the permit is granted for a small sign for identification purposes. This would be placed at the end of the driveway. Mr. Locke asked the size of this sign and Mrs. Packard said probably about two feet by one foot. The hearing was declared closed at 8;55 P.M. At 8;57 P.M., hearing was declared upen upon the petition of Russell S. Davenport for permission to erect a three -car garage and storgge building on the premises ' located at 482 Bedford Street, Lexington. Notice of this hearing was read by Mr. Ballard. Mr. Davenport was the only person present. Notices of this hearing have been mailed to the owners of all property deemed by the Board to be affected thereby, as thoy appear on the most recent tax list. Mr. Davenport stated that he wished to erect a three car garage. Two sections of this will be for cars with the additional stall for farm tools and all types of equip- ment, plus a machine shop across one end of it. Mr. Locke asked whether the machine shop would be on the first or second floor. Mr. Davenport said on the first. The storage room would be on the second and would be used for storage of supplies. A plan was submitted to the Board. The building would be approximately 30 x 60. Mr. Locke asked if the equipment and supplies they use in their business would be what they would store, and Mr. Davenport answered in the affirmative. ' Mr. Locke asked about construction. Mr. Davenport said cement block - fireproof shingles and heated by steam. 24600 a I Mr. Redman asked how the building would face and , Mr. Davenport said almost due east; parallel with Hinehey Road. It will be some distance from Beflfnzld Street; almost 500 feet. Mr. Locke asked what work would be done in the machine shop and Mr. Davenport stated that he and Mr. Rice have a hobby of making small things. Mr. Locke said there would be no commercial use, and Mr. Davenport answered no. Mr. Nickerson asked how large the lot was and Mr. Davenport said about 14 1/2 acres. The hearing was declared closed at 9;05 P.M. At 9;07 P.M., hearing was declared open upon the petition of Robert E. Osborne for permission to maintain an upholstering business for the repair and refinishing of furniture, and the sale of reconditioned furniture on the premises located at the rear of 5 Muzzey Street, Lexington. Notice of this hearing was read by Mr. Redman. There were four persons present at the hearing. Notices ' of this hearing have been mailed to the owners of all property deemed by the Board to be affected thereby, as they appear on the most recent tax list. Mr. Osborne stated that the work was just upholstering and repairing furniture and the sale of reconditioned furniture. The building has been there for years and the work would be nothing more than what was in the notice. Mr. Locke asked the size of the area, and Mr. Osborne said he occupied about 30 x 35. Mr. Locke asked how many men Mr. Osborne would employ and he stated that he has one now, and could possibly only support one more, with a maximum of three. Mr. Locke asked the hours, and the petitioner said 8 to 5 - no evening work. Mr. Locke asked what machinery he would have, and Mr. Osborne said 310thing but the tools that he uses - just small,hand tools and a power drill. Mr. Locke asked about the horse power and Mr. Osborne said it was one-quarter horse. I 24 Mr. Barnes, Muzzey Street said that he would like to have a point clarified. He understood that business in that section was allowed only during the war. He has no objections to having business there, but hinks that that section should be changed into a business zone. Mr. Locke stated that the Davis Aircraft Engineering Company was the only plant operating under wartime emergency. Mr. Barnes said that he was not opposing the petition, but feels that that area should be business. Mr. Henry Raymond, 16 Clarke Street asked if there would be any noise from the operation of this business. Mr. Osborne said that the only noise would be from the hammer which is merely a hand hammer. Mr. Barnes stated that he had heard no noise. Mr. Raymond stated that so long as there is no noise, he has no objections to thispetition. The hearing was declared closed at 9;15 P.M. The Board considered the application of the Community Nursery School Incorporated. Upon motion of Mr. Redman, seconded by Mr. Ballard, it was unanimously voted that the application of the Community Nursery School Incorporated 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 the Community Nursery School., Incorporated a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Boprd to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, Mr. Locke asked about signs on the building. Mr.. Osborne said that he would like to put one up' ten feet long and 14 inches high. This would just about match the one Mr. Pickering has. Mr. Locke asked about outside lights. Mr. Osborne stated that there would-be no need for them. Mr. Barnes, Muzzey Street said that he would like to have a point clarified. He understood that business in that section was allowed only during the war. He has no objections to having business there, but hinks that that section should be changed into a business zone. Mr. Locke stated that the Davis Aircraft Engineering Company was the only plant operating under wartime emergency. Mr. Barnes said that he was not opposing the petition, but feels that that area should be business. Mr. Henry Raymond, 16 Clarke Street asked if there would be any noise from the operation of this business. Mr. Osborne said that the only noise would be from the hammer which is merely a hand hammer. Mr. Barnes stated that he had heard no noise. Mr. Raymond stated that so long as there is no noise, he has no objections to thispetition. The hearing was declared closed at 9;15 P.M. The Board considered the application of the Community Nursery School Incorporated. Upon motion of Mr. Redman, seconded by Mr. Ballard, it was unanimously voted that the application of the Community Nursery School Incorporated 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 the Community Nursery School., Incorporated a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Boprd to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, 248 a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the twenty-fourth day of January, 1947. 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 the Community Nursery School, Incorporated desired permission to maintain and operate a nursery school and kindergarten on the premises located between Nos. 2295 Massachusetts Avenue and 2361 Massachusetts Avenue, Lexington, owned by Elmer W. Funkhouser, Jr. and John F. Rich, both of Lexington. No-one appeared in opposition to the granting of the petition. At,the elose of the hearing the Board in private session on January 2A, 1947 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 thee xception requested will not tend to impair the status of the neighborhood. 3. That the exception requested will be in har- mony 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 hard- ship 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 Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Community Nursery School, Incor- porated to maintain and operate a nursery school and kindergarten on the premises located between Nos. 2295 Massachusetts Avenue and 2361 Massachusetts Avenue, Lexington subject to the following conditions, 1 1 That provisions be made on the premises for the parking of automobiles used in connection with the operation of the school, and by teachers and others employed by the school; that play areas be enclosed by proper fencing, and during play periods, the pupils shall have proper fencing, and during play periods, the pupils shall have proper supervision so that the children shall not create objectionable noise; and that the hours of operation shall be from nine in the morning until five in the afternoon. 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 herein- before set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following thisdecision shall be filed in the office of the Town Clerk of Lexington and shall be oepn to public inspection and that notice of the' decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXING7D2T (Acting under the Lexington Zoning By-law and General Laws) /s/ Errol H. Locke- D, ocke- D. E. Nickerson Lester T. Redman Aiden L. Ripley Walter C. Ballard 1, 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 cer- tificate of mailing on the ninth day of January 1947 to Janet E. Packard, William R. & Eleanor P. Rosenberger, George E. & Helen C. Kirk, Laura H. Kelly, Clara A. Hill, Edith D. Bowker, Emily C. Collins, Katherine Ross, Daniel Hf & Mary H. Green, Carolyn L. Nickerson, Emma W. Piper, George M. & Emilie A. Fuller, Hannah B. Breslin, Frank P. & Mary E. Rycroft, Ruth V. Ready, Helen A. McCaffrey, - Robert C. & Marie E. McAnaul, Helen T. Valliere tt al, Roy & Ethel M. Johnsen, Roy L. & Mary E. Barnes, William J. & Florence W. Neville, George F. & Anna F. Vaughn, Dennis McNamara, John Sullivan, Elmer W. Funkhouser, Jr., Harold -T. & Helen H. Cowan, John F. Rich, and also adver- t 95® tised in the -Man January 9, Lexington Minute on 19471P a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals N 0 T I C E January 9, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of the Community Nursery School, Incor- porated for permission to maintain and operate a nur- sery school and kindergarten on the premises located between Nos. 2295 Massachusetts Avenue and 2361 Massachusetts Avenue, Lexington, and owned by Elmer W. Funkhouser, Jr. and John F. Rich, both of Lexington, 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 January 24, 1947 at 8;00 P.M. in the Selectments Room, Town Office Build- ing, Lexington, Mass. , ERROL H. LOCKE Chairman, Board of Appeals 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 6 B of the Lexington Zoning By-lawwith respect to the premises between 2295 and 2361 Massa- chusetts Avenue, owned by Elmer W. F'unkhouser, Jr. and John F. Rich of Lexington by permitting the following; erection of a building for a Nursery School and Kinder- garten of the Community Nursery School, Inc. Janet E. Packard 14 Gleason Road Lexington, Mass. 251 ' The Board then considered the application of Russell Davenport. Upon motion of Mr. Ripley, seconded by Mr. Nickerson, it was unanimously voted that ghe appli- cation of Russell Davenport 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 Russell S. Davenport 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 affect- ed 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 Build- ing on the twenty-fourth day of January, 1947. Three regular and two associate members of the Board of Appeals were present at the hearing. A' certificate of notice is hereto annexedt At this hear - Ing evidence was offered on behalf of the petitioner tending to show; That Russell S. Davenport wished to erect a three -car garage and storage building on the premises located at 482 Bedford Street, Lexington. He stated that the building would be approximately 30 x 60 feet, walls of cement block construction, two stores high; the first story to provide space for two auto- mobiles and a third .section for tools and equipment used in connection with his business. As the building would be consturcted in a banking, the second story, approached from Hinchey Road in the rear would be used for storage of supplies and materials used in connection with the business. No-one appeared in opposition. At the close of the hearing the Board in private session on January 24, 1947 gave consideration to the subject of the petition and voted unanimously in favor of the following findings.- 1. indings. 1. That in its judgment the public convenience and welfare will be substantially sebved by the making of the exception requested. 2. That the exception requested will not tend to Impair the status of the neighborhood. 252 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 wiuld 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 Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Russell S. Davenport to erect a three - car garage and storage building on the premises located at 482 Bedford Street, Lexington. 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 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) /sl Errol H. Locke D. E. Nickerson Lester T. Redman Walter C. Ballard Aiden L. Ripley 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 ninth day of January 1947 to Russell S. Davenport, Lexington Saud & Gravel Co., Onal & Mary DeFelice, Home Guardian Co., G. 0. Anderson & Sons Indo ;and also advertised in the Lexington Minute Man of January 9, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell N 0 T I C E Clerk, Board of Appeals. January 9, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of Russell S. Davenport for permission to erect a three -car garage and storage building on the premises located at -482 Bedford Street, Lexington, owned by Russell S. and Beulah P. Davenport, 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 January 24, 1947 at 8;15 P.M. in the Selectmen's Room, Town Office Build- ing, Lexington, Mass. ERROL H. LOCKS Chairman, Board of Appeals. 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 30A as amended, to vary the application of section 6A of the Lexington Zoning By-law with req)ect to the premises at No. 482 Bedford Street, owned by Russell S. and Beulah P. Davenport of Lexington, by permitting the following: To erect a three -car garage and storage building. Russell S. Davenport 482 Bedford Street Lexington, Massachusetts. 1 DEE 254 The Board next consi3dered the application of 'Robert E. Osborne. Upon motion of Mr. Nickerson, seconded by Mr. Ballard, it was unanimously voted that the application of Robert E. Osborne 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 Robert E. Osborne, 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 propprty 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 twenty-fourth day of January, 1947. Three regular and two associate members of the Board of Appeals were present at the hearing. A certificate no n6tice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show; That Robert E. Osborne wished to maintain an upholstering business for the repair and refinishing of furniture, and the sale of reconditioned furniture on the premises located at the rear of 5 Muzzey Street, Lexington, and owned by Albert F. Douglass of Lexington. He stated that he would employ not more than three persons; that the business would operate only between the hours of 8;00 A.M. and 5;00 P.M. - six days a week; that no power operated machinery, except a small drill press would be used. No-one appeared in opposition. At the close of the hearing the Board in pr6vate session on January 24, 1947 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. 2e 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. is 1 1 255 ' 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 grant- ed 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 Robert E. Osborne to maintain an upholstering business for the repair and refinishing of furniture, and the sale of reconditioned furniture on the premises located at the rear of 5 Muzzey Street, Lexington, sub- ject to the following conditions; That the business shall be operated only between the hours of 8;00 A.M. and 5;00 P.M. - six days a week; that no power machinery except a small drill press shall be used; that no sign shall be erected larger than six square feet in area; and there shall be no lighting on the outside of the building; and no materials or furniture shall be stored or displayed outside the building. 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 summari;ed, 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/ Errol H. Locke D. E. Nickerson Walter Co Ballard Lester T. Redman Aiden L. Ripley I, Virginia B. Tarbell, Clerk of the Board of Appeals of T,,exington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the ninth day of January 1947 to Howard W. & 256 c� Gertrude Newell, Henry S. Raymond, Fulton & Winsome A. , Brown, William A. &Bertha C. Barnes, James J. & Florence C. Carroll, George J. Bailey, George H. & June G. Peterson, Laura M: Beaudry, Francis T. & Mabel F. Barry, Robert E. Osborne, Albert F. Douglass, and also adver- tised in the Lexington Minute Man on January 9, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals N O T I C E January 9, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on the petition of Robert E. Osborne for permission to maintain an upholstering business for the repair and refinishing of furniture, and the sale of reconditioned furniture on the premises located at the rear of 5 Mup ey Street.. Lexington, and owned by Albert F. Douglass of Lexington, 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 January 24, 1947 at 8;30 P.M. in the Selectmen's Room, Town Office Build- ing, Lexington, Mass, ERROL H. LOCKE Chairman, Board of Appeals Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen; The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30A as amended, to vary the appli- cationnof section of the Lexington Zoning By-law with respect to the premises at the rear of 5 Muzzey Street, owned by Albert F. Douglass of Lexington by permitting the following; Upholstering, repairing and refinishing furniture. Sale of reconditioned furniture. Robert E. Osborne 22 Garfield St. Lexington, Mass. The meeting adjourned at 10;05 P.M. A true record; Attest Clerk, Board of Appeals.