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HomeMy WebLinkAbout1940-08-23 177 BOARD OF APPEALS MEETING August 23 , 1940 A meeting of the Board of Appeals was held in the Sel- ectmen' s Room, Town Office Building, at 8 00 P. M. Messrs. Kimball, Locke and Brown were present. Miss Elinor Moakley, acting secretary, was also present. At 8 00 P. M. hearing was declared open on the applica- tion of R. Lockwood Tower for permission to maintain a real estate office and sign on Lot 51, Follen Road. Mr. Locke acted as Clerk Pro-tem and read the notice of the hearing. Mr . W. S. Caouette appeared representing Mr. Tower. He presented a plan showing the development of the land in that area owned by Mr. Tower and also showing the lots which had been sold. He said that about twenty-five acres of this land had been opened up and they were planning on opening up 100 more acres. He said that they had a fine type of devel- opment and a very desirable type of house was being built there. He presented a sketch of the building they wished to erect. This building would be 12 feet by 22 feet in the main, plus a small extension of four or five feet where they would store signs. He said this building would be used as an office and meeting place. There would not be any large signs around the office and in no event would they want one exceeding 3x5 feet. He said the building would be set back thirty feet from the street line and would be no closer than 15 feet to either side line. The lot they desired to putthe building on is located on the southwesterly corner of the intersection of Follen Road and Locust Avenue ex- tension. Mr. Caouette said he felt it would be a very attractive building. Mr. Kimball asked what disposition would be made of the building when they no longer needed it for a real estate office , and Mr. Caouette said that often times they were sold to private individuals as they could be moved. Mr. Kimball asked if the building would have lights and he replied in the affirmative. Mr. Caouette said he hoped that the permit would be granted. The hearing was declared closed at 8 15 P. M. At 8 15 P. M. hearing was declared open on the application of the Lexington Real Estate Trust for permission to increase the capacity of the underground tanks for storage of gasoline and oil on the premises 178 1 located at the corner of Lowell and North Streets, Lex- ington. Mr. Locke read the notice of the hearing. Mr. Robert L. Ryder appeared and said thatin 1929 the Ryders were working with the Planning Board on a number of projects among which was the proper development of the area in question. He said that he could not recall the details, but at that time he was the owner of three corners of the property at Lowell and North Streets. He presented a plan showing the location. He said at that time , Lowell Street was quite narrow and the point of Lot C extended out into what is now the road. In order to get into the part of North Street on the other side of Lowell Street, is was necessary to make more or less of a detour. Mr. Ryder said he wanted the situation improved or corrected and after taking the matter up with the Planning Board, they reached an agreement whereby Mr. Ryder would give land on each side of North and Lowell Streets to the Town to straighten out the corner, and in consideration of this, he was given a permit for gasoline on the corner of North and Lowell Streets. Also, the four corners at this location were zoned for business. Mr. Ryder said he gave the town nine or ten parcels of land and the streets were widened to make Lowell Street a sixty foot street and North Street a fifty foot street. Mr. Ryder said he asked for 2000 gallons at that time and thought it would be ample. Due to changing conditions, most of the tanks now are 2500 gallons and the gasoline companies do not like to go to outlying districts to deliver any smaller quantities. Consequently, every time he tried to get anyone interested in leasing or buying the property, he could not do so on account of the small capacity of the tanks. He said, however, that he now had a very good chance to dispose of the property to one of the major companies if he can get the gallonage increased. Mr. Ryder said he felt this should be granted inasmuch as he had carried the property for ten years and now felt he could realize something from it. He felt it would be a good thing for both him and the town as the property was not assessed for very much now and they would put in a very good building. He presented a picture of a similar building constructed by the company desiring to purchase the property. He said that the building would be set back 50 or 60 feet from the street line and felt it would be a very desirable thing in this location. Mr. Kimball asked how much capacity he was asking for and Lr. Ryder said 179 he would like 7,500 gallons of gasoline and 1,000 gallons of oil. Mr. Ryder said that the plans for the building, etc. would be submitted at a later hearing. Mr. Kimball said that usually the Board put some restrictions in a permit as to the length of time in which the changes should be made and Mr. Ryder said he felt two years would be suffi- cient time. Mr. Ryder said he hoped that the petition would be granted, and he retired. The hearing was declared closed at 8 40 P. M. The Board considered the petition of R. Lockwood Tower, and upon motion of Mr. Brown, seconded by Mr. Locke, it was voted that the permit be granted for the erection and maintenance of a real estate office and sign on Lot 51 Follen Road, owned by R. Lockwood Tower, in the following form BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40 , Sec . 27, having received a written petition addressed to it by R. Lockwood Tower, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a newspaper pub- lished in Lexington, which hearing was held in the Select- men' s Room, in the Town Office Building on the 23rd day of August, 1940. One Associate and two 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 he desired to erect and maintain a real estate office and sign on Lot 51, Follen Road, owned by R. Lockwood Tower (Mr. Caouette appearing for the petitioner) , that the main building would be approximately 12' x 22' , with a 5' extension, that they plan to increase their development by about 100 acres on the southwesterly side of Follen Road, that in order to property handle their business it was necessary to have a building of this nature. No one appeared in opposition. At the close of the hearing the Board in private session on August 23 , 1940 , gave consideration to the subject of the petition and voted unanimously in favor of the following findings iso117, CIA 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 pro- visions of the Lexington Zoning By-Law as to the locus in question would involve substantial hardship to the peti- tioner 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 decided that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit R. Lockwood Tower to erect and maintain a real estate office and sign on Lot 51, Follen Road, this being the lot on the southwesterly corner of Follen Road and Locust Ave. Extension and owned by R. Lockwood Tower, with the provision that the property shall be kept in a neat and attractive appearance, that the sign shall not exceed 3 ' x 5' and that the building shall be used as an office building only, further that the building shall be removed within three months of the expiration of this permit , this permit to expire one year from date . 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 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 this decision shall be mailed forthwith to each party in interest. BOARD OF APPEATS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec.27) I 181 EDWARD W. KIMBALL ERROL H. LOCKE J. MILTON BROW C. EDWARD GLYNN WINTHROP H. BOWKER I, Errol H. Locke , Clerk Pro-tem 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 10th day of August, 1940 to R. Lockwood Tower and W. S. Caouette and also advertised in the Lexington Minute-Man on August 8th, 1940, a notice of which the following is a true copy. ERROL H. LOCKE Clerk Pro-tem, Board of Appeals hugust 4, 1940 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, Sec- tion 27, to vary the application of section 9A of the Lex- ington Zoning By-law with respect to the premises at No. Lot 51 Follen Road, owned by R. Lockwood Tower, et al, of Brookline, Mass. , by permitting the following• Erection and maintenance of a real estate office together with a suitable sign not over 3 x 5 indicating the office to be a subdivision office for Follen Hill Estates. R. Lockwood Tower (Signaure ) by W. S. Caouette, Agt. 1772 Mass. Avenue. Lexington, Mass. NOTICE The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the erection and maintenance of a real estate field office and sign on Lot 51, Pollen Road, owned by R. Lockwood Tower, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on August 23, 1940 at 8 00 P. M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. C EDWARD GLYNN, Chairman, Board of Appeals Insert Lexington Minute-Man, August 8, 1940 182 Mr. Glynn and Mr. Bowker wished to be recorded in favor of the granting of the permit. The records of the last meeting were read and approved. The Board considered the petition of Gordon P. and Robert C. Merriam to change the side line so as to make equal area of Lot 8 and 8A Oakland Street , and it was unanimously voted to send the following order to all parties interested The Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written pe- tition addressed to it by Gordon P. and Robert C. Merriam, a copy of which is hereto annexed, held a public hearing thereon, of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 9th day of August, 1940. One Associate and three 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 he desired to change the side lines to make equal areas of two adjoining lots located on Oakland Street , that the existing lot lines were recorded previous to the adoption of the Zoning By-Law and can therefore be built upon as they stand. A blue print entitled "Plan of Land in Lexington, Mass. ,-June 7, 1940, Scale 1 inch - 40 ft. , J. Bruce Lewis, Civil Engineer, Lexington, Mass. " and dated June 7, 1940 , was offered as evidence. Mr. Merriam said he understood that the changing of a boundary constituted relotting and would therefore come under the provisions requiring 100 foot frontage and 12, 500 feet area , that the two lots combined covered around 24,000 feet with 170 foot frontage, that he con- sidered this an unreasonably large lot for this location and felt that two lots of approximately 12,000 square feet area with the recorded frontages was a reasonable request and would result in an improved layout. No one appeared in opposition. The Board is of the opinion that as no building permit is involved, the subject of the petition does not fail within 183 the regulations of the Lexington Zoning By-law and that theBoard has no jurisdiction. Further, that since the two lots can now be utilized for the erection of dwellings under Section 10, "Existing Uses and Buildings" of the Zoning By-law, and as the pro- posed change will not injure the neighborhood, it is the opinion of this Board that the change in location of the side lines as shown on the blue print entitled "Plan of Land in Lexington, Mass. , June 7, 1940, Scale 1 inch = 40 ft. , J. Bruce Lewis, Civil Engineer, Lexington, Mass. " should not be considered as changing the present status of the lots as to their use under Section 10. "Existing Uses and Buildings", of the Lexington Zoning By-law. BOARD OF APPEALS OF T,EXINGTON (Appointed under B.L. Ch.40 , Sec. 27) Edward W. Kimball J. Milton Brown Howard W. Robbins Errol H. Locke C. Edward Glynn I, Howard W. Robbins , Clem Pro-tem 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 mailinP on the 3rd day of July, 1940 to Helen E. Brennan, Roger P. & Evelene B Merryman, Calvin W. Childs, Margaret F. & Harriet S. Collins, Doris H. Hauman, Caroline A. Holt, Alice H. Locke , Flora B. Houghton, Mary L. Jackson, Gordon P. & Robert C. Merriam, and also advertised in the Lexington Minute-Man on July 3 , 1940 , a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals June 20, 1940 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27 , to vary the application of Section 9b of the Lexington Zoning By-law with respect to the premises at 18 No. 8 and ffiA Oakland Street, Lexington, owned by Gordon P. and Robert C. Merriam of Lexington, by permitting the following: To change the side line so as to make equal areas in two adjoining lots. Gordon P. Merriam by Robert C. Merriam, Atty. Robert C. Merriam 4 Oakmount Circle Lexington, Mass. NOTICE Lexington, Mass. July 3 , 1940 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Gordon P. and Robert C. Merriam and located at 8 and 8A Oakland St. , Lexington, a change in the side line so as to make equal areas in two adjoining lots, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on August 9, 1940 , at 8 00 P. M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. C. Edward Glynn, Chairman, 'hoard of Appeals The meeting adjourned at 9 3 P. M. A true record, Attest Clerk Pro-tem