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HomeMy WebLinkAbout1945-09-070 • BOARD OF APPEALS MEETING September 7, 1945 A joint meeting of the Board of Appeals and the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Friday, September 7, 1945, at 8;00 P. M. Chairman Bowker, Messrs. Locke, Nickerson, Brown and Redman, of the Board of Appeals were present. Messrs. Potter, Rowse and Sarano of the Board of Selectmen were present. The clerk was also present. At 8;00 P. M. -hearing was declared open upon the appli- cation of David A. Rix for permission to use the premises owned by'Ihim_and located at the corner of Waltham Street and Marrett Rodd for a gasoline filling station, including a two -car garage (lubhitorium) and six (6) underground tanks for the storage of gasoline and oils with a total capacity of ninety-one hundred (9100) gallons, all as shown on a plan filed with the Board of Appeals. Mr. Rix, his attorney, Robery L.Ryder, Mr. Shriber, attorney for the Sun Oil Company and four other persons were preseht at the hearing. Notice of the hearing was read by Mr. Brown. Mr. Ryder stated that he, representing Mr. Rix, was present - petition to the Board of Appe.aks under Section 6C of the Laws and that Mr. Rix would have to meet the conditions of a 9 before the Board of Selectmen could grant the license s storage and sale of gasoline. Mr, Ryder said that a hear - i been held before the Board of Selectmen, but due to an error engineers, application was made for 7100 gallons of gasoline I of 9100 gallons. He also stated that he felt that a Board sals permit was precedent to the granting of the license by and of Selectmen. r. Ryder said that the petitioner has been a citizen in the f Lexington for twenty years and up until three years ago roofing contractor and in that business solely. When the war he business went out and Mr. Rix took charge of the Jenney ae station on the opposite corner from where he desires to a station. Mr. Ryder stated that the business had been con - successfully and was a credit to the neighborhood. He said f the petition were granted, he was positive that the business be conducted as well as it had been on the opposite corner. Mr. said tYu t by vii*tue of his experience, Mr. Rix decided to file ation for a permit, believing that there is a real need for a a such as he proposed at this location. P. Ryder said that the station would considt of the present ag remodelledi a building 601 long and 301 deep. Hesaid that far enough back (between 75 and 100 feet) so tbEt there is space. . he Chairman asked if the tanks would all be in the business ad Mr. Ryder replied in the affirmative. he Chairman stated that a 201 setback is required on Marrett ad Mr. Ryder referred him to the plot plan filed with the 237 1238 Mr. Ryder said that possibly someone might raise the question as to the necessity for another station at this 0 location. He said that he has seen on Saturdays, holidays and in the evening, cars parked waiting to get into both stations, and that there is neither the facilities nor the room to let them in off the road. The Chairman asked how many pumps Mr. Rix intended to have and Mr. Ryder referred him to the plot plan, stating that there would be six.tanks, with a total capacity of 9100 gallons. The Chairman asked what hours the station would be open, and Mr. Ryder replied from quarter to seven in the morning until quarter to seven at night. He said that Mr. -Rix had never kept the Jenney station open on Sundays and did not intend to keep the proposed station open unless the public demanded it. The Chairman asked if the building would be of cement. Mr. Ryder said that it would be the same building, now located on the property remodelled and that it would be of solid con- struction; concrete wall and porcelain and enamel front, cement foundation and completely fireproof. The Chairman asked what signs, if any, would be used and Mr. Shriber said that the only signs they erect are hanging oval signs which are very secure, Mr. Nickerson said that if there is need for an additional service station, he should think it would be more acutely needed on Sundays. Mr. Ryder said that Mr. Rix believes in one day a week off, but• if there is a public demand, he will meet it. It is not, however, his intention at the present time to keep open on Sundays. The Chairman asked if, there would be any machine shop work and Mr. Ryder replied in the negative. Mr. Rowse asked if the building would be of first class construction in every respect and Mr. Shriber said that it would absolutely be first class construction. The Chairman asked if there were an -y persons present who wished to speak in favor of granting the petition. A representative of the F'uelite Natural Gas Company, 315 Marrett Road, said that his concern had done business with Mr. Rix since he first took charge of the Jenney Station and that the present facilities are overcrowded. He said that it is necessary to make an appointment to have their cars and trucks serviced. He further stated that there is traffic congestion on the corner evenings, and as far as the F'uelite Company is concerned, they are in favor of granting the petition. Mr. Ryder said that Mr. Ells, 355 Marrett Road, who was present at the hearing in July, is in favor of granting the petition and authorized Mr. Ryder to so inform the Board this evening. The Chairman asked if there were any persons present who wished to speak in opposition. Mr. Anker, 365 Marrett Road, said that he understood the. corner of Marrett•Road and WalthemStreet was zoned for business and asked why it was necessary to have a hearing before the Board of Appeals. 10 239 The Chairman explained that the location is zoned for business, but that certain types of business, indicated in the Zoning Laws, are subject to the approval of the Board of Appeals. Mr. Anker said that he was appearing against allowing the change. He said that he disagreed as to the necessity for another station and believes that the location is adequately covered. He stated that he has crossed the corner a great many times and has never been'held up by traffic waiting to get into either of the two stations. Mr. Anker said that he thought consideration should be given to the fact that the State Highway Department plans to relocate route 128. He said that he had talked with four persons, two -of whom are definitely opposed to the permit being granted; one person was in favor until he, Mr. Anker, talked to him -and another person was in favor providing rules and regulations were complied with. The Chairman asked if' Mr. Anker were speaking for himself and he replied that he was speaking for himself and unofficially for four other persons. No persons wishing to be heard further, the hearing was declares closed at 8:35 P. M. The meeting adjourned for the hearing scheduled at 8:45 P. M. to be held by the Board of Selectmen upon the application of Mr. • Rix for a permit to install six underground tanks for the storage of 9100 gallons of gasoline and oil. The meeting reconvened at 9:00 P. M and hearing was declared open upon the application of the Community Nursery School, Inc. for permission to occupy the barn on the premises at 1377 Mass Avenue for a nursery school and kindergarten. Mrs. Leroy Marek, representing Mrs. Rich, was the only person present at the hearing. Notice of the hearing was read by Mr. Brown. Mrs. Marek said that she was representing Mrs. Rich, who is out of town, and that the corporation had previously requested a permit to operate the school, intending to purchase the property at the corner of Plass. Avenue and Cedar Street, but the owner is not willing to sell at the present time. She said that Mr. Funkhouser has agreed to rent space in the barn on his property. The Chairman asked how many pupils they intended to have in the barn, and Mrs. Marek replied between 35 and 40. She said -that there would be 1200 square feet of usable space. The Chairman asked what the supervision would bem and Mrs. Marek replied that they would have two full-time paid teachers. The pupils would be divided into two groups with a paid director in charge of each group and a mother assisting with each group. The Chairman asked what they intended to do about toilet facilities. Mrs. Ylarek said that they plan to add three toilets. The Chairman asked when they expected to open the school and Mrs. Marek said that they would like to open October 10th or 15th and to remain open until June. The Chairman asked what hours the school would be open and Mrs. Marek replied from 9:00 A.M. until 12:00 noon with the possibility of having the pupils stay one afternoon from 2:00 until 5:00. Mr. Funkhouser appeared at the hearing at 9:06 P.M. The Chairman inquired about the transportation and Mrs. Marek said that this problem was being worked out. The Chairman asked if they intended to have any signs on the building and Mr. Funkhouser said that they had not considered having any signs. Mr. Nickerson asked if the building had suitable exits and if it were safe from a fore hazard standpoint. Mr. Funkhouser said that their plans would conform to requirements of the Commissioner of Buildings. Mr. Locke asked if the school would be all on one floor and Mr. Funkhouser replied in the affirmative, stating.that it would be on the second floor which is nine feet from the ground. Mr. Redman asjed if the first floor was to be used as a garage the same time as the school will be in session. Mr. Funkhouser said that there would be no driving in and out during the school hours, but the barn will be used as a garage as well as a school. He further stated that they had made necessary preventatiiae precautions on that account. Mr. Nickerson asked if the corporation would relinquish the permit for the sohool on Mass. Avenue and Cedar Street, Mrs. Marek said that they expect to go to the new location on a lease basis for a period of years and that it is improbable that they would conduct a school at the Cedar Street location. The hearing was declared closed at 9:20 P. M. The Board considered the Community Nursery School appli- cation and upon motion of Mr. Locke, seconded by Mr. Nickerson, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By -Law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Community Nursery School, Incorporated, 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 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 the 7th day of September, 1945. Five regular 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 the Community Nursery School, Inc., desires to rent the barn.on the property at 1377 Mass. Ave, owned by Elmer N. & Gladys Funkhouserfor the purpose of operating a nursery and kindergarten school; that the school will accomodate 35 to 40 children, to be open five days a week between the hours of 9:00 A. M. and 12:00 noon, with possibly one afternoon from 2:00 to 5:00 during that portion of the year approximating the public school term; that there • would be two full-time instructors on duty at all times and that the barn is to be altered.in accordance with the State 241 School House Commission and that such change would include additional toilet facilities and necessary safety measurer. The petitioner indicated that there would be no signs on the premises. No one appeared in opposition to the granting of this petition. At the close of the.hearing the Board in private session September 7, 1945, 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 welfare will be substantially served by the making of the exception re- quested. 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. 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 unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Community Nursery School, Inc., to occupy the premises at 1377 Pass, Avenue for a nursery school and kindergarten school only while the prem- ises are operated by the Community Nursery School, Inc.; that the school hours shall be 9:00 ofclock in the morning and until 5:00 o'clock in the afternoon; five days a week; that proper toilet facilities shall be installed; that there shall be competent supervision to prevent the children from being a nuisance to the neighborhood; that the area occupied shall be kept in a neat and clean condition at all times; that there shall be no structural change in the outside of the building other than those necessary for safety measurea. 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 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 the decision shall be mailed forthwith to each party in interest. W� BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) Winthrop H. Bowker Errol H. Locke Lester -T. Redman J. Milton Brown D, E. Nickerson I. Hazel J. Murray, Clerk of 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 23d day of August 1945, to Community Nursery School, Inc.,-Ytilliam & Katherine Bennett, Norman Ellard, Marion A. Kimball, William & Sarah Hall, Fannie B. Love, Elmer & Gladys .Funkerhouser, Annie Shepard, Emily G. Preston, Ralph & Dorcas Nason, Bertha V. Hayward, Ralph H. & Edith Wells, Maria L. Bonney, Louis & Sarah Willard, and also advertised in the Lexington Minute -Man on August 23, 19450 a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals August 21, 1945 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Lams, Chapter 40, Sections 25 to 30 as amended, to vary the application of section of the Lexington Zoning By-law with respect to the premises at No. 1377 Mass. Avenue, owned by Elmer N. & Gladys M. Punkhouser of Lexington by permitting the following: Nursery school and kindergarten. Dorothy P. Rich for Community Nursery School, Inc. 41 Woodland Road Lexington, Mass. N 0 T I C E The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of the Com- munity Nursery School, Inc. for permission to maintain and operate a nursery school and kindergarten on the premises located at 1377 Massachusetts Avenue, owned by Elmer N. Jr. and Gladys M. Bunk- houser, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. • The hearing will be held on September 7, 1945, at 9:00 F.M. in the Selectmen's Room, Town Office Building, Lexington, Mass, Winthrop H. Bowker Chairman, Board of Appeals The Board then discussed at length the application of David A. Rix, and upon motion of Mr. Nickerson, seconded by Mr. Locke, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of ApEpeals, acting under the Lexington Zoning By -Law and General aws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by David A. Rix; a copy of which 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 Selectwt mems Room, in the Town Office Building on the 7th day of September, 1945. Five regular 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 he wished to erect and maintain a gasoline filling station for the storage and sale of petroleum products, and presented a plan showing the proposed layout including the building. The petitioner stated that he intended to remodel the present building and to make this building of fireproof structure. Objection was offered to granting the petition by one owner of property in the neighborhood who felt that there was not suffi- cient demands to warrant another filling station in the neighbor- hood. At the close of the hearing the Board in private session fieptember 7, 1945, 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-laws. • 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- imously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit_ David -A. Rix to maintain a filling station for the storage and sale at retail of petroleum products, a lubricating station and accessory uses as indicated on the plan submitted by the Petitioner. The gasoline pumps are to be located at least twenty feet (201) from the exterior line of thestreet. This permit is granted on the further condition that the premises are to be kept in a neat and orderly condition; that no second-hand automobile parts or accessories are to be kept, displayed or stored outside the building; that the building will be of fireproof construction; that no lighting system is to be used that will be a nuisance to the neighborhood and that all signs are to be neat and in keeping with the character of the building to be erected; that there will be no mechanical repair work untertaken on these premises. 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 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 the decision shall be mailed forthwith to each party in interest/ BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws.) Winthrop H. Bowker Errol H. Locke Lester T. Redman D. E. Nickerson J. Milton Brown Lexington, Massachusetts August 21, 1945 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 4b, Sections 25 to 30 as amended, to grant a permit for the use of premises located at the corner of Waltham Street and Marrett Road in said Lexington for a gasoline filling station, including a two car garage (lAbritotium) and six (6) underground tanks 245 for the storage of gasoline and oils with a total capacity of ninety-one hundred (9100) gallons, all as shown on the plan filed herewith. N 0 T I C E David A. Rix . - 503 Waltham Street Lexington August 23, 1945 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of David A. Rix for permission to maintain a gasoline filling station including a two -car garage (lubritorium) on the premises owned by said David A. Rix and located at the corner of WalthamStreet and Mabrett Road, under the Lexington Zoning Laws and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on September 7, 1945.. at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, bass. Winthrop H. Bowker Chairman, Board of Appeals I, Hazel J. Murray, Clerk of 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 23d day of August, 1945m to Robert L. Ryder, David A. Rix, Comm. of Mass., Margaret McDonough, Laura A. Partridge, Anthony & Helen Ferreira, Jogn F. Dailey, William & Alice Larzelere, William F. & Hilda Merz, Henry & Emily Vierra, Harriet Farnham, Lawrence F. y Anne Broderic, Frank B. & Grace Milgate, William E. & Muriel E. Rowland, Sidney B. & Margaret He"o.od, Constance Thompson, Albert M. & Elizabeth Wentworth, Charles E. & Helen Rice, Anna M. Hart, William F. & Jennie Downs, Frank & Marion Sullivan, Eugene & Cecile Loupret, William O'Connor, David A. & Mildred Kirkbright, Evelyn B. Soar, Howard I. & Nellie Saunders, Sarah Gaddis, Charlotte & Helen Murphy, William F. & Ruth Fletcher, Joseph Nunan, Jennie M. Partridge, Fuelighe Natural Gas, Socony Vacuum Oil Co., John Sullivan, Clifford E. & Helen Ells, Betty Kruler, Paul R. & Sophie Gorman, Merlin Houghton, Mabelle Beers, John & Mary Perry, George & Julia Anker, Anthony J. Rochette, Magda Moller, W. Leonard & Cora Flett, R. N. & L. Svedeman, Warren F. & Catherine McMullen, Mary B. & Margaret Wild, Emily Montgomery, Clarence P. & Ruth Henley, Alice F. Grafe, Mary A. Lowe, Margaret Hamilton, Karl & Myrtle Marshall, Marshall & Reha Bushell, Louise J. Carter, D[arion P. Sanders, Anthony & Carmela Giano, George Whiting, Fritz Wihtol, Thomas Whiting, Albert J. & Anna Gardner, Stanley Tebbetts, Jenny Mfg, Co., Kenneth Cox, Annie A. Spencer, Philip P. & Ruth Spencer, Arnold P. & Frances Bradford, Dicenzo Dominick & Oscar, John Cerullo, Harry & Eileen Van Norden, Franklin & Doris Shares, Charles & Margaret Heilman, Thomas Brown, Paul & Mildred aotting, • Everett & Irene Dillman, Annie Katkoff, David & Helen McPeake, Ervin P. Dix, Matthew & Elizabeth Macaulay, Robert & Olive Eldridge, Josepj Potter, Lawrence J. & Mary Selig, Helen Macbeth, Andon & Vanthi Grigor, H. Albert & Irene Webb, Samuel & Eva Shepard, Thomas & Lena Kehoe, Charles & Edith Huntington, Joseph & Florence Wellington, Sigrid W. Kinquist, Mary R. Jacobs, Thomas & Blanche Taylor, Charles k. Edward Crouch,Trustee, Domenic & Corinne Petrino, Camile & Anna Tremblay, John F. & Elizabeth Downey, Herbert & Joan Weiler, John & Jessie Polley, Ralph & Augustine Cochrane, Aubrey & Sadie Caldwell, Ransom & Eva Williams, Jeannette B. Fountain, Watertowno-operative Bank, Marguerite Comman, Charles & Margaret Martin and Clarence & Catherine McElman, and also advertised in the Lexington Minute -Man on August 23, 1945, a notice of which is a true copy. Hazel J. Murray Clerk, Board of Appeals The records of the meeting held on July 19, 1945, were declared approved. Application was received from Lily C. Johanson, 503 Concord Avenue for permission to maintain a.riding school and stable. It was decided to hold the hearing on Feiday, September 28, 1945. The meeting adjourned at 10;04 P. M. A true record, Attest; 0 i is