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HomeMy WebLinkAbout1936-10-13210 t" BOARD OF APPEALS MEETING OCTOBER 13 1938. At 8:15 P. M. hearing was declared open upon the peti- tion of Daniel J. O'Connell for permission to erect and main- tain a gasoline filling station at the corner of Fletcher Ave- nue and Woburn Street. This was_a joint hearing before the Board of Appeals and the Board of Selectmen. The notice of the,hearing•before the selectmen was read by the Chairman. Chairman Maddison and Mr. Glynn of the Board of Appeals were present, also Mr. Ferguson, who is a member of the Board of Appeals as well as Chairman of the Board of Selectmen. Associate Member Lyons was also present. The Clerk pro -tem of the Board of Appeals, Mr. Glynn., read the Board of Appeals notice. Mr. D. J. O'Connell appeared in favor of the petition. He said that he wanted to call to the attention of the Board the fact that when he originally applied for a change in the zone at this location, he called to the attention of the Town his intention to erect a filling station. It was also proposed to erect some stores and theebuttors knew this but there was no objection. He said a plan was prepared in 1932 showing what he then intended to erect. The principal ' building at all times was a filling station, and he stat®d that he still wanted to erect one. He said that the station that he would erect there would not be an eyesore to the community and would illuminate a dark dismal section. Mr. O'Connell said that the people abutting the property and facing.it had no objection. He said that the Russell House property was two floors above any building that would be erected on his 13t as the elevation is so different. He said that Mrs. Leary, who owned the property on the opposite corner of Fletcher Avenue, and the Barnes family, had always felt that his pro- perty was of no value other than for a.'filling station. O'Connell said that the filling station would not cause any dam- age to the area but that it would be of benefit to everybody around there and would improve the character of the place in general. *Imything that is done there will be of benefit to the community. With reference to the type of building to be erected, he is willing to put up anything that the town wants* He said that he would not submit a plan showing a station such as those erected by gasoline stations everywhere, but would like to erect something that would keep the property looking about the same as the buildings around it. He said that he would have something drawn up that would not look like a filling station and he had one in mind similar to that submitted by Calvin W. Childs. In addition, if this plan were carried out, the attractive station would shut out the rest of the locality that was not good looking. O'Connell said it would increase the town's revenue in taxes and would give people work. He said that he did not want to endanger the valuation of the neighboring properties. Whenle first 211 requested the change in the zoning, he estimated that the filling ' station would cost $20,000, and he thought that he could build 'a different type station for the same money. He would be willing to have anyone suggest what would be acceptable to any committee of the town. He had in mind taking care of the whole area, planting it, putting in shrubs and walks. This has always been a dark area and the whole corner would be illuminated. He could not see how there would be any objection except from people who were not keen for competition. OTConnell said that the people knew what he wished the change in zone for and they had shown their desires by voting the change. He would do whatever the Town wished with regard to the construction of the station. Mr. Maddison asked on what part of the lot Mr. O'Connell planned to place the gasoline station and he said that it would face Mass. Avenue and Woburn Street and that there was ample space for it without any crowding. Mr. Glynn asked if Mr. O'Connell was going to continue to own the station. Mr. O'Connell said that he was going to con- tinue to own it and that he would employ three men and would not sell the station to any gasoline company. Mr. Glynn asked him how important the stores were. He said that his principal interest was the gasoline station as at the present time he had only one application for a store and that was from Mr. Labes. Mr. Glynn asked where he contemplated putting the stores. He said they would be erected near the railroad at the corner of the triangle. Mr. Ross asked how many stores he contemplated ' building. He replied that he would build only one now. Mr. Glynn asked if there was not plenty of room for stores on the other side of the railroad and O'Connell said that there was not. Mr. Glynn asked if O'Connell were willing to make almost any arrangment if he were given a permit for the gasoline station and he said that he was. Mr. warren Russell stated that he objected to the filling station because he felt that it would not help his property or his family. His children's rooms are on the Woburn Street side of the house. . Mr. Eugene Viano stated that he wished to object to the filling station and that he had opposed it right along. He stated that due to the fact that the people voted to change the zone he had made no effort to oppose it or influence the Town Meeting Members and did not think that Nr. Russell made any attempt to do so. He said that it was a recognized fact that the property wasgood for business purposes only. Mr. Viano stated that Mr. Russell had stated that he was in oppo- sition to the gasoline station and there is no person inLex- ington who is more intimately interested. Mr. Russell has spent a great deal of money remodelling his home and he thought that he had the right to enjoy his property. Mr. Viano stated that the reason he was speaking for Mr. Russell was the fact that he did not like to talk very well. He said that automo- biles made a great deal of noise going in and out of stations and the noise goes on,all hours of the }sight. He said that both 212 Mr. Russell and Mr. O'Connell had rights. He thought that Russell was entitled to rights particularly and stated that the Zoning Laws were put into effect to protect property ' owners. He said that filling stations were not conducive to good towns. In Arlington there are three times as many filling stations as are required. Viano said that from his standpoint there was no one conducting a business such as his. He is under a heavy burden of taxes as hit land is assessed $1.50 a foot in the front, and it would increase the hazard if another station were erected. He has lost about 25% of his business on account of the new road and when the new route 128 goes through, he will lose more bus- iness. He said that O'Connell�s location was what was called a class "C" location, that is, good for eommunity business only. He said that it was impossible to get tran- sient business on Mass. Ave, Mr. Viano said that he felt that he was entitled to the protection that the Zoning Law now gave him. Mr. F. K. Johnson stated that his reason for opposing the petition was a purely selfish one. He has a good-sized plant on Bedford Street, pays high taxes, and has increased his investment to maintain the volume of business. He said that with the new roads contemplated, it would be only a short.time before Lexington was an island as far as the sale of gasoline is concerned. If another station is allowed, it will mean that the gasoline business will have to be divi- ded between seven stations instead of aix. He thought there ' was no need of another filling station. He was interested to know that Mr. O'Connell was going to operate the station, as he talked with him a short time ago and did not have that understanding. He'said that another outlet would cut off the volume of business for everyone else. It has been necessary for him and other stations to keep increasing their investments to keep what business they now have. Mr. Glynn asked Mr. Mussell if he preferred -a filling station or stores. He said he preferred neither one but thought that the gasoline station,would be.much more noisy than stores. Mr. O'Connell stated that Mr. Russell ought to be mindful of the fact that there could b e other uses that would be much worse than a filling station or stores. He said than when'and if this petition `wan granted, he would not expect the monopoly and did expect that there would be competition. He said that about fifteen stores could be erected on the lot. Mr. Viano said that it sounded like a threat to him when Mr. O'Connell stated that he would erect something worse than a filling station or stores. Mr. O'Connell said that he did not sag that. No other persona appeared in opposition. Mr. Maddison suggested that the hearing be adjourned for one month and it was so voted. ' The meeting adjourned at 8:30 F. M. A true record, Attest: Clerk Pro-te .