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HomeMy WebLinkAbout1938-05-131 1 BOARD OF APPEALS MEETING May 13, 1938 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. M. Chairman Maddison and Messrs. Ferguson, Glynn, and Kimball were present. The Secretary was also present. In the absence of Mr. Robbins, Mr. Kimball was elected Clerk Pro -tem. The records of the meeting held on May 6th, as amended, were approved. Mr. John W. Raymond, Jr., Supt. of Public Works, appeared before the Board. The Chairman asked Mr. Raymond if he had read the records of the previous meeting relative to the petitions of the New England Water Supply Corp., and he replied in the affirmative. The Board considered the applications of the New England Water Supply Corporation for permission to erect and maintain buildings to house water pumping equipment. Mr. Raymond, who is a hydraulic engineer, expressed to the Board his viewson the matter, which were substantially as follows: The statement had been made at the last meeting that water would be taken from an area five miles square, which would be 25 square miles, and that is impossible. Five square miles would be possible. Mr. Raymond said that it was his opinion that Mr. Melanson was very likely to be distrubed. His well is between the Shawsheen River and thesetwo heavy draft wells. He thought that the water would be so lowered that swamp water or Shawsheen River water might enter Melanson's well. He would not be surprised if the well went dry during a dry period. Iie said that there was no certainty about it, however. Mr. Raymond said that one gravel pit was about seven and one-half acres in size, and the other was about six acres, making a total of about fourteen acres, and nct two or three hundred. He said that 300 gallons of water a minute over a period of a year was 153,000,000 gallons rather than 90,000,000. IIe said that he thought that Mr. Hurtado's land would be affected by the drawing of water by these wells. Mr. Raymond said that taking 300 gallons of water per minute from an area of fifty acres would amount to a depth of nearly ten feet, Which is equivalent to the average rainfall for a period of three years. To equal the rainfall, the rate of 300 gallons per minute would require all the water that falls on about 120 acres, and he would not expect that you could get 147 148 more than one-third of it, so he thought it would affect the ground water travel over 3£0 acres. There is a great deal of evaporation, some water will run to the Shawsheen, and some is used up by vegetation. Mr. Raymond said that he would not be surprised to see the vegetation in that gravel pit die. He said that he would not be surprised if wells five hundred feet away were affected, but he did not think that one could notice any material change in the Shawsheen River. If there is any polluted water travelling toward the river, and they start pumping at these wells, the flow will be reversed and the polluted water will travel to whatever stream the house wells are being drawn from. He said that one of the logs gave the time, and the draw -down was 314' during a pumping period of 32 hours. They are going to pump possibly five to fifteen times that rate, and Mr. Raymond said he would not be surprised if they drew the water level down ten to twelve feet while they were pumping. He thought their reservoir was limited to the sand pit and the immediate surrounding territory. Mr. Raymond said that if there was a heavy rainfall in the spring and fall, probably the underground reservoir would recover, but if not, it would not. He said that as far as the pump house being only eleven feet from the street line went, he believed it would be possible for the corpora- tion to build an underground pump house. When asked what kind of a satisfactory arrangement the corporation could make by putting the pump house back and using a shaft, Mr. Raymond said that an arrangement could be made, but he did not believe any pump man would recommend it. When asked by the Chairman if there was any doubt but that the wells would be detrimental to the neighborhood, Mr. Raymond said that he did not want to predict it, but he thought that there was an even chance that vegetation would be dried up, and that any wells in the area would be affected. He brouLht up the fact that there were no sewers in this area, and he thought that any development by residents within a conservative radius of these wells, perhaps 1,0001, would be seriously objected to by the Federal Government after it had been using the wells for a period. He thought that sewage might be found in the water from these wells after they had been using them for a while. He said that this was rather far-fetched, but should be considered. He also brought out the fact that the Town of Lexington owned Cemetery land to within 1,000 feet of the wells. When the time comes that bodies are put in said land, they will not be beneficial to the water supply. The Cemetery land is higher. Mr. Raymond retired. z 0.4zti 1 There was considerable doubt in the minds of the members as to whether or not the owners of land in the vicinity would not be damaged by the withdrawal of water from their wells and property. The question of setback on the proposed house on the northerly side of Westview Street was considered, but the Board did not see how it could grant a permit unless the house was set back at least 20' from the street line. The question of making a condition in the granting of the permit that it would be subject to the N. E. Water Supply Corporation's paying any property owner who was damaged by the withdrawal of water from their premises was considered. The Board thought it might be better to ask the N. E. Water Supply Corporation to make agreements with the owners of land within a radius of 500 ft. from the pumps, whereby they agreed to reimburse for such damages, and it was voted that the following letter be sent to the Corporation: May 14, 1938. Mr. Percy G. Crocker, Treasurer New England Water Supply Corp. 35 Congress Street Boston, Massachusetts Dear Mr. Crocker: The Board of Appeals has considered the application of the New England Water Supply Corporation in connection with the erection and maintenance of buildings to house water pumping equipment to be used in supplying the U. S.Veteran's Hospital at Bedford, Mass. with water, and is willing to grant the same provided the New England Water Supply Corporation secures agreements from the owners of land within a five hundred foot (500') radius of the pumps, whereby you would reimburse them for any damage which they suffer by reason of depreciation in the value of their property occasioned by the withdrawal of water from their property. Before presenting such an agreement to the respect- ive owners, we should like to have the form passed upon by the Town Counsel, Mr. S. R.urightington, 50 Congress St., Boston, Mass. Inasmuch as the Zoning Law is very specific as to a twenty -foot (20') setback from the street lihe, the l'oard can only grant a permit if this structure is set back at least twenty feet (20') from the street line. ANM:EML Yours very truly, Arthur N. Maddis on, Chairman, Board of Appeals. 149 150 The subject of the petition of the Lexington 'frust Co. for a permit to erect a "For Sale" sign 4' x 61 in size advertising the property located at 3 Eliot Road and on Pelham Road and Mass. Ave. was considered, and inasmuch as the house was located so far away from Mass. Ave., it was difficult for them to properly describe what was for sale on a sign not over six square feet in size, it was unanimously voted to grant the petition in the following form (Mr. Robbins wishing to be recorded in favor) : 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 the Lexington Trust Company, 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 news- paper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 6th day of May, 1938. One Associate and four 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 they had maintained a "For Sale" sign 2' x 3' near Massachusetts Avenue; that there were three separate parcels of land and in order to properly describe the premises including the house, they desired a larger sign. One letter was received stating that the owner of property in the neighborhood did not object to the granting of the permit. No one appeared in opposition. The Board in private session on May 13, 1938 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 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: 10.2.4 1 1 1 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 granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imoysly decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Lexington Trust Company to maintain a sign on the Mass. Ave. side of their property located at 3 Eliot Road, not over 4' x 6' in size, advertising the property for sale, subject to the following conditions: 1. The sign is to be placed not nearer than 40' from any street line; 2. That the sign shall not be maintained for more than one year; 3. No other sign shall be maintained which will be visible from Massachusetts Avenue. 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 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 Charles E. Ferguson C. Edward Glynn Edwatd W. Kimball Howard W. Robbins I, Edward W. Kimball, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that 1 sent by postage cer- tificate of mailing on the 21st day of April, 1938 to New England Trust Company, Boston and Lowell R. R. Corp., Edgar A. Welti, Ruth S. Lyons, Francis W. Dean, Lucy D. Hutchinson 151 152 and the Lexington Trust Company, and also adverti.sed in the Lexington Minute -Man on April 21st, 1938, a notice of which the following is a true copy. EDWARD W. KI J3ALL Clerk Pro -tem, Board of Appeals. • April 18th, 1938. 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 9 (a) of the Lexington Zoning By-law with respect to the premises at Na. 3 Eliot Road, owned by Lexington Trust Co. of Lexington by permitting the following: Erection of a `For Sale" sign at the corner of Mass. Avenue and Pelham Road. The sign is intended to describe the "Ward" property and should not exceed 41 x 61 in size. N 0 T Lexington Trust Company By- Clarence S. Walker, Treas. 1822 Mass. Ave., Lexington (Address) (Signature) I C E Lexington, Mass. April 21, 1938. 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 the Lexington Trust Co., and lo- cated at 3 Eliot Road, the erection and maintenance of a "For Sale" sign 41 x 61 in size, advertising the property on which it is located, under -the ''exington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on May 6, 1938, at 8:00,P. M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison, Chairman, Board of Appeals. C r. 1 1 The meeting adjourned at 10:40 P. M. A t rue record, Attest: Clerk/ 153