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HomeMy WebLinkAbout1937-04-30BOARD OF APPEALS M=h ING April 30, 1937. 13 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. 14. Chairman kaddison, Messrs. Glynn and berguson and Associate Members Errol H. Locke and John a. Lyons were present. `ihe Secretary was also present. In the absence of Mr. Howard W. Robbins, Mr. Glynn was appointed Clerk Pro -tem. At 8:00 o'clock P. M. hearing was declared open on the application of Calvin 4. Ghilds for permission to construct and maintain a salesroom for motor vehicles in conjunction with the gasoline filling station at the junction of Water- town Street and the Concord Turnpike. Notice of the hearing was read by the Clerk Pro -tem. Mr. Calvin W. Childs spoke in favor of the granting of his petition. He stated that seven months ago at the Sept- ember Town Meeting it was voted to change the zoning at this location and after the zoning change went through, he applied for a permit to build and maintain a filling station. He said that at the hearing in October and a meeting in November, he was asked to restrict the property to satisfy the Board of Appeals and he agreed to do so and in order to signify his will- ingness to co-operate, he signed an agreement. 'phis agreement restricted himself, his heirs and assigns. Mr. Childs read that part of the agreement which stated that the land not being used for a gasoline station would be used for purposes allowed in an R.1 District, excepting that he reserved the right to maintain a salesroom. Mr. Childs said that he had new plans which includes a salesroom. He said that the outside appear- ances and dimensions were the same as on the original sketch, and he said that he would like a permit to erect the building as shown on these plans. Mr. Childs said that he was in the automobile business and not knowing much about law, he had brought with him Mr. D^nforth W. Gomins, an attorney, to guide him. Mr. `'omins said that he became acquainted with the matter only this morning. He said that he had been advised that this was now a 0.1 District and that Mr. Childs wanted permission to construct and maintain a salesroom. The Chairman informed him that this was a hearing for a variance of the Zoning Law. Mr. Comins said then as he understood it, a C.1 District was not all inclusive and did not provide for the maintenance of a salesroom for motor vehicles and the Chairman said that it did not. Mr. Comins said that as the matter stood now, the pro- perty could be used for any use that was allowed in a C.1 District and the Chairman said that it could not according to the agreement which Mr. Childs signed and filed. Mr. Gomins asked if the T.1 Listriet was applicable to this particular locus and the Chairman replied in the negative. The Chairman asked Nor. Childs if he had the plans with him and he said that he did; and presented them. Mr. Charles A. Nhipple of 1 Upland Road spoke in favor of the granting of the petition also. He stated that the letter in this week's issue of the Minute -Man on the matter contained a number of statements that were unfair and in error. He said he saw no good parpose that could have been served by sending the letter to the Minute -Man to be pub- lished. He said that the granting of the petition was a matter for the Hoard of J'ppeals to act on and not a utter of circulation for the Minute -Man. He said that all he could think of was that the letter was published to spur on its buyers to appear and protest, and according to the small number of people present, there evidently were not a great many people objecting to the petition or interested enough to appear at the hearing. He said that he thought the charges of misrepresentation on the part of Mr. Childs were unfair, as he sat through the meeting at which Mr. Childs asked the Town Meeting Members to change the place to a C.1 zone.* He said that the picture and plan of the gasoline station then shown was substantially the same as the one now prepared for the ''ui.lding Inspector except for the fact that a salesroom is now involved. Tr. Whipple said that he under- stood that the plan was acceptable to the "uilding Inspector and a permit could be granted if it were not for the agree- ment that Mr. Childs signed. Mr. 'Whipple said he did nct know why there should be any objection to a cellar being constructed under the building instead of filling in under the building. He said that many of the members that voted in favor of changing; the Peterson property to a T.1 zone felt that they could not have been consistent if they had not voted the same way on the Childs property. However, the motion was beaten by a substantial majority. Mr. Whipple said that the writer spoke of "the traffic menaceand he felt that a "multipli- city of interests would increase the traffic hazard" and to his mind, this was poppycock. There will be a small sales- room which will not obstruct the view of motorists. He could not see how it would influence the danger or lack of danger at this point. If there are accidents it will be because of careless driving and not because of Mr. Child's filling station. He said that I+r. Childs was a sound bus- iness man who had a great deal of civic interest and so far as civic interest was concerned, he could not see how the west lexin,Tton Civic Improvement tissociation had a monopoly on it. No other persons wishing to be heard in favor of the granting of the petition, the Chairman said that the �'oard would hear those opposed to the granting of it. *,The membdrs knew what a C.1 aone was and what he is now ask- ing for is not inconsistent with what is allowed in a C.l zone. 1 1 1 a Mr. Arthur F'. Mason of Watertown Street said that he rep- resented George W. Norton, the owner of the Peacock Farm, who has been a resident of Lexington fDr some forty years. Mr. Mason said that Mr. Childs called on Mr. Norton when he first started the filling station proposition and Ptr. Norton under- stood that the filling; station proposition and Mr. Tlorton understood that the filling station was going to be on the other side of the Turnpike and he did not object. kfterwards when he found that it was to be right opposite his driveway, he did nbject. Mr. Mason said that at the first board of Appeals hearing before the Board, he objected on behalf of Mr. Norton. At the Town Meeting, Childs' attorney made a statement that Mr. Norton was in favor of this location which was absolutely wrong, and he considered that misrepre- sentation. Mr. Childs applied for a filling station and that had gone through. They did not want to object to every- thing, but a salesroom would mean the selling of cars which would be on display and would mean that people would be coming there to trade cars. They would not want an automo- bile graveyard at their front door and there is no question but that there will be used cars there that have been traded in and left. Mr. Beason said that they very strongly opposed the granting of this permit for the maintenance of a sales- room. ' Mr. Neil H. Borden stated that he followed Mr. Mason as one of the two people most intimately affected by this matter outside of Mr. Childs. What Mr. Childs is asking for is their loss. It is a question of a privilege being given one man in contrast to what is being taken away from others. He said that this matter had been bandied back and forth so much that it had got to be an old story. Mr. Borden said that as a person being most affected, he had been in a very bad position all along and he thought that the matter should be determined upon the merits of the question. The FlanninE Board presented a plan for the development of the highway and they thought that it was a good plan and they got the best of expert advice in laying it out. the Town voted to permit a filling station to go in at this location and he accepted that. They then tried to save as much of that plan as they could and they presented the idea of the T.1 zone designed to keep the highway free from all business other than that ess- ential to the hi�iway. They thought gasoline stations were essential to the highway but they did not want them on corners. The filling station is going in at the corner of Watertown Street and the new highway, and to permit any other business to be combined with it, tends to increase the danger hazard. Mr. Borden said that a showroom meant a salesroom and if it did not Mr. Childs would not want it to go in there. He did not think that it was for the best interests of the Town to allow it. Mr. Borden said thatthere was another phase to be considered, which was the protection of real estate values S � in the Town. This is a home town, he said, and its future rests in its development as a home town. The Planning Board did hope that the Town would apply the T.1 zone to the Concord Turn.pike but its failure was due to the personal drive of one man. He said that speaking as one whose real estate value was affected by this, he moved into the Town because he wanted a place for a nice home with plenty of room. He took an old farmhouse and tried to make it into a home and put a great deal of his earnings into it and naturally he feels the re- sentment that any man would feel when a filling station was put in his front yard. A salesroom would seem to increase the damaging effect to his property. }beyond that, he thought it marked the type of town that Lexington was. If the Town is going to permit spot zones to be set up in residential sections, it is going to discourage people from coming here to make their homes. Mr. Borden said that he thought this was a good opportunity for the Board of Appeals to set a precedent in order to protect the interests of the neighbor- hood. Mr. William P. Knecht said that he thought he ought to answer for the West Lexington Civic Improvement ,Association, He said that at no time had he made any statements that might not be tied up to facts. He said that he heard a statement made at one of the Town Meetings by one of Mr. Childs' em- ployees that since Childs had paid taxes on this piece of property for three years, he should be able to do something ' with it, and he was greatly surprised to hear that Mr. Childs had lust taken title to the property. Mr. Knecht said that the ssociation was a very new group of people representing about sixty families in West Lexington and he said that the group was made up of very ordinary people. He said that the State Highway Dept. was opposed to any business interests along the Concord Turnpike because it is a super -way and the Department is interested in keeping it as natural as possible. The locus in question is the entrance to the Town. The Association feels that the present application is the opening wedge for a number of business enterprises along the highway. Mr. Knecht said that he was struck with the resemblance be- tween Mr. Childs' plans and those that Howard Johnson would have drawn up. The Association would like to see the new plans kept in form and intent with the original plan. -'hey do not object to a gasoline filling station but they do ob- ject to a garage or a salesroom. Mr. Knecht said that he thought this was a dangerous corner and a salesroom would increase the traffic hazard. He stated that the letter written to the Yinute-Man was not written to pack the meeting as that could have been done very easily. Mr. Hobert Fawcett, Chairman of the West Lexington Civic Improvement Association said that the Organization was not opposed to a gasoline filling station but was opposed to a salesroom. ' Pair. Mason asked if the size of the building was 69 feet ' by 31 feet and the Chairman said that the plans as presented were Mr. Childs said that he wished to talk over this question of "misrepresentation" that he had been accused of. He said that there was a possibility of a misunderstanding on Mr. Mason's part regarding Mr. Norton. Mr. Childs said that he went to see Mr. Norton and he had a friend with him at the time. He told Mr. Norton that he particularly wanted him to understand that he wanted to build the filling station right across the wav from his house. Mr. Childs tried to make him understand and he thought he did understand. After that visit, Mr. Norton telephoned him and said that someone had asked him to sign a petition to have an article inserted in the warrant to see if another location might be zoned for a gasoline station and he said that he did not want to sign it if it would hurt Mr. Childs' chances. Mr. Childs went down to call on Mr. Norton a second time. Mr. Whipple said that he was with 1\'r. Childs at the time of the first visit. Mr. Childs asked him if he thought there was any misunderstanding and he replied in the negative. Mr. Whipple said that he could see how Mr. Nnrton could change his mind later one. He said he did not think it was Mr. 1,hilds' fault that Ivlr. John Devine had made the statement at the Town Meeting that Mr. Norton was in favor of the change as Mr. Levine did not know at the time that Mr. Norton had changed his mind. He said that Mr. Childs had not authorized anyone interested on his behalf to make any misrepresentations. Mr. Mason said that Mr. Norton sincerely understood that the filling station was to be on the other side of the park- way. He said he thought that Mr. Devine's statement at the Town Meeting carried a lot of weight. He said he thought Mr. Norton's property would certainly be decreased in value. Mr. Childs said that if anyone could prove that any employee of his had made the statement that he had paid taxes on the property for three years, he would fire that person tonight. The chairman said that he had received letters from the following persons objecting to the granting of the petition: A. C. Andresen, Shade Street; West Lexington Civic Improve- ment Association;Paul W. Dempsey, 187 Spring Street. No other persons wishing to be heard either in favor or in opposition, the hearing was declared closed at 8:50 P. M. The plan of the station was left with the hoard. Mr. Lyons offered the following motions VOTED that a permit be granted Calvin IN. Childs to construct and maintain a salesroom in conjunction with a gasoline filling station at the junction of YVatertown Street and the Concord Turnpike, with the xrovision that onl-r one car is to be allowed in the salesroom; no repair work is to be done; no used cars are to be shown outside; and no signs advertising the cars to be sold are to be maintained. The motion was seconded by ' Mr. Glynn. Only Mr. Lyons voted in favor and all others voted in ,opposition, so the motion was lost. 10 The following order denying the petition was signed: The Board of t'ppeals, acting under General Taws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by Calvin W. Childs, 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 -wild- ing on April 30, 1937. Two associates 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 be- half of the petitioner tending to show: That he desired to use the building he intended to construct for a gasoline station, also as a salesroom for automobiles. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: That in their opinion it would be a detriment to the neighborhood and pro- perty values to have an automobile salesroom at this loca- tion, and would add to the dangerous condition which already existed at the 'oncord Highway. At the close. of the hearing the Board in private session on April 30, 1937 gave consideration to the subject of the petition and voted unanimously in favor of the following find- ings: 1. That in its judgment the public convenience and wel- fare will not be substantially served by the making of the exception requested. 2. 'hat the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning Ly -Law. 4. That the enforcement of the Lexington mooning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington toning By-law. rursuant to the said findings, the Board hereby denies the said petition of Calvin gin. Childs. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbe- 1 1 11 fore set forth and the testimony presented at the said hear- ing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the j'own Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch.40, sec.27) A. N. Maddison C. Edward Glynn John A. Lyons Errol H. Locke Charles E. Ferguson I, C. Edw. G1ynn,Clerk Pro-tenof 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 9th da -r of April, 1937, to Teter and Elsie Johnson, Amelia Prilgausky, John G. & Kazimena Yudis, Pat- rick J. Gilligan, Louis Yosgandes, Pauline Tahre, Libba Anson, Bernice B. Cronkhite, hart' D. Hatch, Fannie W. Hut- chinson, Adam Good, George '+4. Norton, Millard Robinson, Esther P. & Neil Borden, Lizetta Good, Vuillard t'. Robinson et al, Trs. Belmont Springs `1'r., Rev. John A. Bowman, Ernest DeVincent I Mrs Sarah A. Cutler, Ernest H. ti. Burroughs, , f1arry F. Boinay, Lucy H. Maloney, Patrick J. Shanahan, John M. Miskell, Henry C. Packard, Diagio & Augustina Tambascia, Henry S. Moody, Arthur F. & Edwin W. Hutchinson, Walter M. Anna M. Pease, Vurlys L. Slocum., Curlys L. Slocum, Jr., Calvin t'd. Childs, and also advertised in the Lexington Minute- Aan on April 8th, 1937, a notice of which the followin;; is a true copy. C. Edward G1 nn Clerk Pro -tem, board of ppeals April 6, 1937. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: ' The undersigned hereby petition the Lexington Board of "ppeals, appointed under General Lsws, Chapter 40, Section 12 27, to determine the application of Section 9A of the Lex- ington Zoning B7 -law with respect to the premises at the Junction of Watertown Street and Concord Turnpike, owned by Calvin �A. Childs of Lexington by permitting the follow- ing: Construction and maintenance of a salesroom for motor vehicles in conjunction with a Gasoline Filling Sta- tion. Calvin IN. Childs signature 6 Chandler Street -Address N 0 T I C F April 8, 1937 Lexington, Mass. The Board of Appeals will hold a hearing on the matter of varying the application of the Loning Law by permitting on the premises owned by Calvin W. Childs, and located at the junction of Watertown Street and the Concord `turnpike, the construction and maintenance of a salesroom for motor ve- hicles in conjunction with a gasoline filling station, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held at the Selectmen's boom, Town Office Building, on April 30th, 19372 at 8:00 o'clock P. M. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting held 'pril 16th were approved with one correction. The meeting adjourned at 9:45 P. M. A true record, Attest: Clerk P o tem. 1 1