HomeMy WebLinkAbout1931-05-22113
BOARD OF APPEALS MEETING
MAY 22, 1931.
A meeting of the Board of Appeals was held at the
Selectmen's Room, Town Office Building at 8 o'clock P.M.
Messrs. Maddison, Baldrey, Custnc e, Glynn and Slobum
were present..
Mr. John L. Pichette appeared with Mr. Mitchell who
presented and explained »evised drawi s of the Pichette
& Ahern garage; drawings at sale of 1/4" - 1'. Mr. Mitchell
sketched the proposed lot plan at a scale of 1" - 80',
showing suggested location of pumps and location of tanks.
At the request of Mr. Baldrey, Mr. Mitchell made a sketch
of the entire contemplated scheme as proposed by Mr. Pichette.
This sketch is filed herewith. The Chairman explained the
feeling of the Board with respect to rest-ictions, including
location of gas pumps and their use in connection with
the garage and not as a public filling station: limitation
of nuMber of tanks to 2-1000 gallon tanks; demolition of
both present buildings; and also the present garage within
two years; to prohibit the display of automobiles for sale;
that the premises be kept neat and clean at all times. Mr.
Pichette agreed to preserve the three mature trees on the
lot. He also agreed to regulate future lighting on the
premises so that such would not be disagreeable to the
neighborhood.
Mr. Mitchell was to s end the Board blue prints of the
drawings of the proposed building, together with a lot plan.
The drawings are tote filed with the records of this case.
The Board voted in majority to grant the pennit in the
following form:
The Board of Appeals, acting under General Laws,
Chapter 40, sec. 27, having received a writ ten petition
addressed to it by Maurice P. Ahern and John L. & Bertha V.
Pichette, 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 Times -Minute
Man, a newspaper published in Lexington, which hearing
was held in the Selectmen's Room in the Town Office
Building aa the 30th day of January, 1931 at 8:15 o'clock
P.M. All the members of the Board of Appeals were present
at the hearing.
After hearing the evidence offered by the petitioners
and such other evidence as was offered, the Board in private
session gave consideration to the subject of the petition
and at a meeting held May '22, 1931, a Majority of the Board
voted that in its judgement the public convenience and
welfare will be substan .ally served by the use of the
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premises described in the petition as hereinafter modified,
and that such use will not tend to impair the stuatus of
the neighborhood.
The Board therefore determines that the application
of Section 6 C in C. 1. Districts of the Lexington Zoning
By-law permits the use of the premises described in the
petition, by erecting and maintaining a garage and repair
shop for twenty (20) automobiles, and to keep, store and
sell petroleum products and volatile inflammable liquids
in connection therewith., at 847-855 Massachusetts Avenue,
Lexington, but not for use as a public filling station, and
subject to the following Conditions:
1. That the two houses now on the lot be demolished
before work on the garage is commenced.
2. That said garage to be constructed is in accord-
ance with drawings as exhibited to the Board on
May 22, 1931.and filed with ther permit.
3. That only 2-1000 gallon gasoline tanks with one (1)
pump each shall be inst alled, said pumps to be
located within 10 feet of the "offir e" as shown on
the attached plan.
4. That no cars shall be exhibited for sale on the
premises.
5. That the premises shall be kept in a neat and
clean condition at all times.
6. That the present repair shop on the premises
shall be demolished on or before May 22, 1933,
and instructs the Inspector of Buildings of
Lexington to grant a permit therefor.
The Board therefore determines that the use of the
premises described in the petition is in harmony with the
general purposes and intent of the Lexington Zoning By-law.
Arthur N. Maddison
Theodore A. Custance Board of
C. Edward Glynn Appeals of
Curlys L. Slocum Lexington.
I, Roland W. Baldrey, Clerk of the Board of Appeals,
of Lexington, *pointed under General Laws, Chapter 40,
Sectionn279n1Atereby certify that I sent by registered mail
on the 15th day of January, 1931 to Edwad E. & Esther S. ,-------
'Baker,
--"'Raker, Florence M. Daniels, Charles H. Lowe, John M. &
Bridge M. Cotter, Aleah E. Canessa, Esther B. Lee, Concetta
Tedesco, Gertrude Pierce, et al, A1,thur D. Gossom, Mary McAvin,
c/o Catherine Russell, Morse L. Walker, Anna L. O'Hearn,
George Sweetland, Edgar W. Harrod, Lizzie E. Lowell, Leona
0. Truesdell, Hanson Raynor, Mary E. Barnes, Lyman C. & Christine
A. Stewart, Standard Oil Co. of New York, Michael Interante
Annie B. Fraser, Old Colony Trust Co., c/o Alice S. Kennddy,
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Sarah Gibson, Irving P. Locke, John W. & Annie S. McLeam,
Michael E. MCCarron, Harry Hanson, Henry F. Peabody, George A.
Parks, Edwa d W. McNamara, Sarah B. Kew, Daniel T. Kenney,
Bartlett J. Harrington, William F. Fletcher, Fannie P. Crown,
William E. & Emily Brown, Elva E. Baker, Abbie L. Vllington,
John & Eva Yanuskis, and to Pichette & Ahern, and also
published in the Lexington Times -Minute Man on January 16, 1931
a notice of which the following is a t rue copy.
la:,
Clerk, Boa -•d of Appeals.
Lexington, January 14, 1931.
To the Bo•a•d of Appeals :
We desire to erect and maintain at 047-855 Mass. Avenue,
Lexington, a 20 car Gara!e and Repair Shop, and to keep,
store, and sell petroleum products, and volatile inflamnable
liquids in connection therewith.
Also to use the premises as a Public Filling Station,
to be located substantially as shown on plan submitted,
for t.e storage, keeping and sale of gasoline in 5-1000
gallon tanks with pumps.
Maurice P. Ahern
John L. Pichette
Bertha V. Pichette
NOTICE
Lexington, Mass. Jan. 14, 1931.
The Board of Appeals will hold a hewing on the
application of Maurice P. Ahern and John L. & Bertha V.
Pichette for permission to erect and maintain at 847-855
Massachusetts Avenue a twenty car garage and repair shop and
to keep, store and sell petroleum products and volatile in-
flammable liquids in connection therewith, and to use the
premises as a public filling station for the storage,keeping
and sale of gasoline in fi\e one thousand gallon tanks with
pumps.
The hea ring will be held in the Selectmen's Room, Town
Office Building on January 3c., 1931 at 8:15 o'clock P.M.
Arthur N. Maddison
Chhirman, Board of Appeals
A true record, Attest:
rn
(?x-eaL---f -04 •
Clerk.
BOARD OF APPEALS MEETING
May 26, 1931.
At 8:05 P.M. joint meeting of the Board of Appeals
and the Board of Selectmen was held on the application of
William A. Granfield to install two 1000 gallon gasoline
tanks on his premises at the corner of Marrett Road and
Spring Street. The Chairman read the notice of the hearing
of the Selectmen.
Mr. Baldrey, Clerk of the Board of Appeals, read the
notice of the hearing of the Board of Appeals.
Mr. Granfield presented a plan showing the location
of pumps adjacent to the building. He .gave a history of
when he came to Lexington and purchased the place that he
Granfield now occupies. The location is in the business zone. He
hearing. stated that at that time, he felt that this location was a
logical one for gasoline station and roadside stand.
The building had to be built of substantial material and
it cost him considerably more than he expected it would.
He stated that the Board two years ago granted him a permit
and revoked it without giving him a hearing, and he is now
asking that the Board give him a renewal of the permit
originally given to him. He had been given the opinion
that the Board did not have any right to r -evoke the permit
without giving him a hearing and that he could take the
matter to higher officials. He asked for a permit to
erect the gasoline tanks in tont of the building, which,
of course would be the best location. Mr. Granfield stated
that anyone who had a complaint against him woald complain
for selfish r asons. He did not intend to sell the place
to a Gasoline Company, but he wanted the two pumps in
connection with his store business.
He explained that there could be no objection to the
traffic at these pumps because people could come in from
Spring Street onto Marrett Road very easily. He felt that
the Board should renew the permit; that the tanks Were now
in the ground and that he took the pumps away. According
to the scale he stated that the building was nearly sixty
feet from the street.
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The Chairman informed him that according to scale
it looked as though the building were about twenty
feet away. idr. Granfield stated that the Gasoline
Company offered him t50. a month if he would take down
his building and have the tanks where they were originally
located. He stated that the original permit granted
him called for very unreasonable terms, inasmuch as
they called for location of the pumps in back of the
building. The Standard Oil Company representative came
there and stated that it would be all right if he put the
tanks out in front. • He stated that the reason the
permit was revoked was that he did not put the tanks
where he was instructed to put them.
Mr. Granfield stated that he had some of the members
of the Board down to view his premises, and they did not
see how the tanks would interfere if located where he
proposed to put them. He stated that he had just as
much room outside his building as most of the gasoline
stations have. He stated that he had the permit for one
week and during that time he sold 1000 gallons of
gasoline. He took away the building that was located
out front which cost him about $275 and gave it to
Mr. Thomas Whiting to take away. He did this because
the Selectmen asked him to do it, and he did not
question their right to order it down. He stated that
his wife will soon retire from teaching, which she has
been doing for 42 years, and he wanted something whereby
he could make a living; he has a tax of about $300.
Asked whether or not ii the permit were granted
he would be willing' to put the pumps back 20 feet, he
stated that he would.
No other persons ap-eared in favor of the permit.
Mrs. Lillian Pratt,. who owns the property adjoining
ir. Granfield's, stated that Mr. Granfield was not a
man of his word, and did not keep the promises he made.
She stated that he informed her that he would take down
the banking between the two places, and he did not do it;
if he did, it would benefit both of them. This, he
agreed to do before she lost her husband. She stated
that her..insurance rates were high enough now and she
felt that if a gasoline. station were granted there, .that
it would mean higher rates on hibr insurance. She was
trying to make a living and did not want any more expenses.
Asked whether or not she was informed by an
insurance agent that her insurance rates would be
higher, she stated that she had not been informed by
an agent, but she understood that they would be.
She stated that Jir. Granfield tried to hinder her
as much as possible and she had two small children to
earn a living for. She built her place in 1925 and keeps
it open about ten weeks. She had not tried for a permit
to sell gasoline, but runs a little restaurant.
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Miss Cochrane, Spring Street, across from sir. Granfield's
place stated that she objected. They have a sign
across from them now advertising fried clams and when they
first went there to live, they felt that they were
building a place in the country and there is such an
odor from the fried clams that they have to close their
windows on hot evenings. She felt that if a gasoline
station went in there that it would be noisier than ever.
They understood from Mr. McIntosh that it would be all
private residences around there, but after a while
business started to come in at the corner. Their house
is located at 16 Spring Street.
Mr. George H. Lowe stated that he hesitated to
object to the neighbors, but felt obliged to take issue
with the petitioner. He stated that his house was
directly across the street and was established in 1782.
He has a frontage of 260 feet on Marrett Road and tried
to keep his premises in good condition. There are already
various kinds of business there such as victuallers and they
have the noise from these until after one o'clock in
the morning. He was opposed to the granting of a gasoline
tank inasmuch as they are now located within 700 feet to
800 feet to stations on one side and two on the other,
and there is one almost directly across from the location
requested by the petitioner. There was a bus stop on
Spring Street where the school children get on in the
morning and off in the afternoon, and he felt that the
granting of a permit of,this kind would increase the
danger to the school children, and felt that there was
no need of any more gasoline stations.
He stated that as a matter of fact, there was an
easement that the public rights would be infringed upon
if a permit for pumps were granted in this location.
He presented a plan of the property made in 1906 showing
the buildings which existed before +►r. GraeLfield purchased
the property and showed a 20 ft. street connecting Spring
Street with Marrett Road, forming a triangle beyond that
at the junction. He stated that this had been a right of
way for years and he did not believe that the Selectmen
had any right to grant a permit to obstruct the right of
way. Mr. Lowe waS familiar with this location for half
a century. He stated that Mr. Payson informed him
that this was a right of way, and he believed that it was
a matter for the Town Counsel to look up.
Mr. Granfield stated that Mr. McIntosh informed him
that his land went out to the corner point.
After the hearing was declared closed, the Hoard
of Selectmen discussed the application and felt that the
point brought up by Mr. Lowe was a private matter for
the parties interested to straighten out.
CaZ
co.)
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The Board now awaits the action of the Board
of Appeals on this application. The Board of
Appeals intends to discuss the matter at their
meeting on June 5.
A true record, Attest:
(�f/ 4t6 -Re
lE1)
Clerk.
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