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HomeMy WebLinkAbout1941-01-06213 BOARD OF APPEALS MEETING January 6, 1941 A meeting.of the Board of Appeals was held in the Selectmen's Room, Town Office Building at 8:00 P. M. Chairman Glynn, Messrs. Maddison, Kimball, Locke and Associate member Bowker were present. The Secretary was also present. A joint hearing with the Board of Selectmen was held upon the application of George W. Bean for permission to erect and maintain a gasoline filling station on his pro- perty at 365 Bedford Street. Mr. Bean and his attorney, Mr. George S. Ryan of 485 Mass. Ave., Arlington, and Mr. Neil McIntosh were also present. Mr. Bowker read the notice of the hearing before the Board of Appeals and Mr. Giroux read the notice of the' hearing before the Board of Selectmen. DIr. Ryan said the plot of land contained about 54,000 square feet and it was zoned for business. Both sides of the street are owned by Mr. and Mrs. Bean. They have 37 acres on one ' side and 20 acres on the other side. They are land poor now and have no income other than from the driving range which is operated in the summer only. Mr. Ryan said that if Mr. Bean could get permission for a gasoline station, he would have sufficient year round income to enable him to keep the property and make a living from it. Mrs. Bean inherited the property from her grandmother and the land has been in the family for four or five generations. Mr. Ryan presented a blue print of the property. Mr. Glynn asked if he had any plan for the station and he replied in the negative. He said however, that it would be a standard type station and that there was a Gulf station in Watertown very similar to what this one would be. The building would have a two car lubritorium with a waiting roor, and there will be three pumps outside. Mr. Glynn asked how far back the building would be and Mr. Rayn said that Mr. Bean would put the station wherever. the Board wanted it to be. Any part of the lot would be agreeable to him. It has a frontage of 242 feet and a standard station has about 100 foot frontage. Mr. Glynn asked what hours the station would be open and Mr. Bean said that he planned to open at 7:00 A. X. and close at 11:00 P. 11. Mr. Glynn asked how near the nearest station was and Mr. Bean said that there was one at the corner of 1 214 North Hancock and Bedford Streets about 1/4 of a mile away. Mr. Glynn asked where it was proposed to put the new route 128 through in relation to his property. Mr. Bean said it was planned to go through the center of his parking space which would leave about 100 feet between his house and the outer edge of the roadway. Mr. Kimball said if the proposed road went through the center of the parking lot it would leave only 50 feet on either side. Mr. Bean said the road went nearer one side of the parking space than the center. Mr. Neil McIntosh said ha was opposed for the time being and that this property was only 130 feet from his property. He said that the location of route 128 was not decided yet and for that reason he thought all plans should be dropped; also for the reason that Mr. 13ean has no definite plans for the proposed building. Mr. McIntosh said that Mr. Bean was granted a change in the zoning law some years ago in order to enable him to maintain the golf driving range and at that time he promised that he would not want anything more than the driving range, but he is now going beyond that. Mr. Rowse asked heir. Bean if he was going to give up the driving range and he said that he was not. Mr. Kimball said he talked with someone at the State House who said that this road was in the six year program , and that the road would go through the business zone. He felt that the road would go directly through the Bean property and that most of the business area would be taken up by ramps. He also talked with an ex -member of the Metropolitan District Commission who said the Commission was not sure of an overpass at this point. Mr. Glynn asked Mr. Ryan if he could get a plan of the station and he said he could get a plan of a similar sta- tion to what was planned. Mr. Kimball asked if they had made any definite arrangements with any company and Mr. Ryan.said that the Standard Oil Company had approached hlr. Bean but no definite arrangements had been made. It would depend,upon who would pay the better rent. No other persons wishing to be heard, the hearing was declared closed at 8:25 P. M. The Board of Appeals ad- journed to the Assessors' Office. The Board considered the Bean application and it was unanimously decided to decline the application. In doing so the Board gave consideration to the proximity of an ✓existing gasoline station at the corner of Bedford and North Hancock Streets; also particularly to the probability that the circumferential highway known as Route 128 will eventually cross this property or come very close to it, ' and that until the location of that highway is definitely known and the conditions which will govern its zoning have been decided, it felt that gasoline filling station permits should not be granted in its probable vicinity. Consideration was also given to the fact that no plans were submitted and that the business zone at this location was originally granted by the Town upon plea that it was to be used for a golf driving range. The order was signed in the following form: The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by George W. Bean, 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 January 6, 1941. One Associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is here- to annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he wished to erect a gasoline filling station and lubritorium on his premises at 365 Bedford Street; That he had not decided what company would operate the filling station, consequently he had no definite plans to submit; That the location was approximately one quarter of a mile from an existing gasoline filling station at the corner of North Hancock and Bedford Streets; That the location would be at or near the proposed location of the Circumferential Highway, Route 128; That the premises are in a business zone. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that the pro- perty in question had originally be zoned for business upon the representation that it was to be used for a golf driving range, and that a new location for a gasoline filling station should not be made in that vicinity until the location of the proposed Route 128 should be definitely known. At the close of the hearing the Board in private session on January 6, 1941 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1 215 216 1. That in its judgment the welfare will not be substantially of the exception requested. public convenience and served by the making 2. That 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 regu- lations in the Lexington 'Zoning By-law. 4. That .the enforcement of the Lexington Zoning 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 Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of George W. Bean, and in doing so has given particular consideration to the proximity of the property to the existing gasoline station at the corner of Bedford and North Hancock Streets, and to the uncertainty of the location of the proposed Circumferential Highway known as Route 128, and what zoning the Town may wish to, adopt to apply to that Route 128. The Board hereby r:-iakes 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 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) 0. EDWARD G LYNN EDWARD W. KIMBALL WINTHROP H. BOWKER A. N. MADDISON ERROL H. LOCKE 1 ' I,.Winthrop H. Bowker, Clerk Fro -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 December 20, 1940 to Standard Oil Co. of N. Y., Inc., George F. Smith, Lulu M. Blake, 71illiam E. Maloney & Margaret A. Maloney, t by e, Lexington Trust Co., Doris K. Lovell, Home Owners Loan Corp., Harriette W. Smith, Alice J. Hagerty, Daniel H. Freeman, Lexington Co-operative Bank, Lexington Savings Bank, Raynard G. & Edith A. Brooks, t by e, Herebert F Shannon, Eugene E. Loupret, Otto B. & Elsie K. Hanson, t by e, Velma I. Bieren, Frank Johnson et al, Frank J. Longleway, Nellie T. Bossom, George V. & Gertrude Benoit, t by e,.Ralph G. & Ruth J. Bartlett, t by e, James E. & Alice B. Mee, t by e, Ethel F. Bean, Edwin C. & Mabel H. Elder, t by e, David Buttrick Company, Mary Trimble, Eugene & Agnes M. Commons, Mary A. Sanders, No. Cambridge Co-op. Bank,'Waverley Co-op. Bank, Angelo A. & Adora I. Lanni, t by e, Charles H. & Bartholomina J. Rice, t by e, G. 0. Anderson & Sons, Inc., Chester L. & Kathryn K. Blakely, t by e, Ellen G. O'Donnell, Joseph A. & Helen E. 71ills, t by e, Gordon B. & Miriam MacArthur, t by e, Neil licIntosh, Jeremiah T. & Mary E. Sanborn, t by e, Eleanor McCarthy, Samuel Burgoyne, Agnes Flynn, Helen Alger, Samuel Sanders, George S. Ryan, and also advertised in the Lexington Minute-11an on December 19, 1940, a notice of which ' the following is a true copy. WINTHROP H. BOW ER Clerk Pro -tem, Board of Appeals December 12, 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 273 to vary the application of section 9A of the Lexington Zoning By-law with respect to the premises at No. 365 Bedford Street, owned by George Bean of Lexington by per- mitting the following: Erection and operation of a gasoline filling station. GEORGE W. BEAN 359 Bedford Street Lexington, Mass. 1 217 218 N 0 T I CE I Lexington, Mass. December 19, 1940. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Lava by permitting on the premises owned by George W. Bean and located at 365 Bedford Street, Lexington, the erection and operation of a gasoline filling station. The hearing will be held on January 6, 1941, at 8:00 P. M in the Selectmen's Room, Town Office Building, Lex- ington, Mass. C. EDWARD GLYNN, Chairman, Board of Appeals tiir. Biagio Cacciola appeared before the Board at 8:30 P. M. at hearing adjourned from December 13, 1940, and claimed he was not present at the original hearing because he failed to receive a notice giving the date. He stated that he now has cold frame, and in connection with it sufficient sash to make a small greenhouse which would allow him to grow plants earlier than he can do now, he wished to erect a greenhouse approximately 57 feet in ' length and 11 feet in width. The greenhouse is to be heated by a stove and located about 125 feet from the highway. The Board voted to grant the permit, subject to the appearance of the building being kept neat and clean. The order was signed in the following form: BOARD OF APPEALS PEPMIIT The Board of Appeals, acting under General Laws, Chap- ter 401 Sec. 279 having received a written petition addressed to it by Biagio Cacciola a copy of which is hereto annexed, held a public hearing, 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 tax list and also advertised in the Lexington minute-14an, a newspaper published in Lexington, which hear- ing was held in the Selectmen's Room, in the Town Office Building on the 13th day of December, 1940• 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 bending to show: . That he wished to erect a greenhouse on the premises at 708 'Parrett Road, located about 125 feet from the street line, the size to be 57 feet in length by 11 feet in width and the top to be constructed of cold frame sash which he has on hand, the building to be heated by stove. No evidence was offered in opposition. At the close of the hearing the Board in private session on January b, 1941 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 ma':i.ng 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 a;ith the general purposes and intent of the reulations in the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting; generally the Zoning dis- trict 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 pe- titioner and that desirable relief may be granted without substantially derogating froia the intent or purpose of such Zoning By-law. Pursuant to the said findings, the Board hereby un- animously decides that the application of the said Lexington Zoning By -lava is hereby varied so far as may be necessary to permit Biagio Cacciola to erect a greenhouse 57 feet long by 11 feet wide, located on his premises at 708 Marrett Road, and not nearer to the street line than 100 feet therefrom, under the condition that he shall keep the appearance of the building neat and clean. 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.