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HomeMy WebLinkAbout1946-08-1510' BOARD OF APPEALS HEARING August 15, 1946 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building on Thursday evening, August 15, 1946. The Qlerk was also present. At 8:14 p.m. a joint hearing with the Board of Selectmen was declared open upon the application of irs. Gertrude Mara for permission to erect and maintain a gasoline and oil service station on the premises owned by her and located at 9-11 Merriam Street. Chairman Potter, Messrs. Locke, Rowse and Paxton of the Board Of Selectmen were present. The petitioner, her attorney, Alfred P. Tropeano, Messrs. Ralph H. Marshall, Harry C. Boyd, John H. Devine and Mr. George Scbtt were also present. Notice of the hearing was read by Mr. Ripley. Mr. Alfred P. Tropeano informed the group that he was representing Mrs. Mara, owner of the property. He said that the property in issue has been in the Mara family for thirty years, having been purchased by the late Edward Mara. He stated that the income from the property at the present time is practically nil. 11r. Tropeano said that the town will in the very near future vacate the barn and move the fire apparatus out when the new station is completed and the building will become a non- paying structure. He said that if a 'block of stores was erected on the premises, it is doubtful if rent could be derived sub- stantially to warrant a structure to comply with the Building Laws and he also doubted if there is sufficient demand in the a*rea of the property to erect six or seven stores and rent them. Mr. Tropeano said that the plans, which he was about to disclose, were made by the Atlantic. Refining Company and they will lease or purchase from tars. Tara whEn and if a gasoline station is permitted to be erected. The Chairman asked if the Atlantic Refining Company had an option and Lr. Tropeano replied that there is an agreement. He also stated that two other companies have studied the area and they are in accord that it would be a suitable location. In preparing the plans, Pyr. Tropeano worked with the engineers and insisted that a Colonial type building be used for that location. Mr. Tropeano presented a plot plan and explained it in detail. He said that the Mara property consists of about 13,000 square feet. The plans call for two pumps on Merriam Street with a 12 foot setback from the nearest sidewalk line. The ramps and sidew&lk will be ciament. lie said that the filling station itself will not face on I1erriam Street, but will face in the same direction that the present block faces. There will be a 65 foot side yard from Merriam Street to the building. There will be three pumps in the front of the building with a capacity of 2,000 gallons each. There will be a store room, 1 106 0 Cnt t= two wash rooms, heater room, a cinder area for parking cars , and the building will be of red brick. The Chairman asked how far the building would be from Merriam Stteet and Mr. Tropeano replied that it would be approximately 65 feet. The Chairman asked.what hours the station would be open and hir. Tropeano replied that they would keep open the cus- tomary hours for gasoline stations. He said that there would be no night hours as the Atlantic Refining Company does not believe it profitable to operate stations at night. The Chairman asked if there would be any floodlighting and Mr. Tropeano replied in the negative. Mr. Rich asked how much the property is assessed for and Mr. Tropeano said that it was assessed for about $5,440. Mr. Devine inquired as to the amount of the gross investment and Mr. Tropeano replied about '35,000. who wish- The Chairman asked if therewere any persons present heard ed to speak in favor of the petition. wo one wished to be He then asked if there was anyone present who opposed the petition. Mr. John Devine said that he was representing Mr. Scott, owner of the Central Block. He said that two or three years ago there was some discussion relative to converting the block into a modern structure. He said that he regretted very mnah that , he was present to oppose anything that Mrs. Mara has any connect- ion with, but that he has spent a good many years in connection with the development of the town, and there are many objection- able features relative to the proposed use of the property. He said that Merriam Street is strictly residential and used practically by the residents today. Mr. Devine said that there is also a board question in the matter. He said that very careful,study has been made to make the town as attractive as possible with what it has to deal with. He statedthat the Central Block has been an eyesore to the town for a long time. It was at one time suggested that the building be razed and a new building erected with a setback, using the present fire station property. He said that if the plans could go ahead as the Chandler & Co. desired, that would take a sub- stantaial part of the new building for one of their outlying stores. Mr. Devine said that the fact that there is a'$35,000. investment here would indicate that there must be a substantial amount of traffic to and from the station. He said that it would havd to be assumed, if the station is established, that Merriam Street and Massachusetts Avenue will be a very busy corner. Mr. Devine said that the next question, from a broader scopg, is whether or not this is necessary to the town. He said that as far as supply and demand is concerned, the present stations adequately take care of the requirements. He said,that, on the other hand, he felt that the development of that particular At 8:56 p.m. hearing was declared open upon the application of the Community Nursery School, Incorporated for permission to maintain and operate a nursery school and kind@egarten on the premises located between Nos. 2295 Mass. Avenue and 2361 Mass. Avenue, owned by Mrs. Joseph Valliere. Mr. Rich, having an interest in the hearing, did not serve on the Board of Appeals. There were sixteen persons present at this hearing. Notice of the hearing was read by Mr. Locke. Mrs. Robert Packard, 14 GleasonRoad explained that the school is now being conducted at the old Belfry Club and the corporation would like to erect a permanent building for the school. The Chairman asked if there were any plans showing the proposed building and Mrs. Packard replied in the negative. Mrs. Charles E. Teeter, 463 Concord Avenue said that they intended to engage an architect and follow his advice, but that they had to take steps in order, beginning with the land. She ' s id til =t an architect 'a n of ive Hier: ,plans until t ey h<<ve t� e 1Gnd. ✓ section as a permanent matter is of greater importance than any other spot, and if the station is permitted to be erected, there is very grave doubt as to the development of the Scott U64, He said that building will simply serve its purpose until it is ready to fall apart or is condemned, He said that the value to the town if the Central Block is razed and a new structure put up would be of more importance to the town econ- omically than a gas station would be. Mr. Devine said that he could see many disadvantages in permitting the use of the land for the purpose requested. He said that it would, in his opinion, be a detriment to the town. Mr. Potter, Chairman of the Board of Selectmen, said that the Board of Selectmen would much rather see this area become a part of a parking area, either as a public parking space of of any future development that might take place in that vicinity. He said that the Selectmen also feel that the proposed use of the property would create a traffic hazard at Merriam Street and Massachusetts Avenue. Mr. Tropeano asked if the Selectmen oppose the petition and Mr. Potter replied that the Board believes that with the fire station going out, there is a chance of having either a public parking area of a parking area in connection with a store at some future time. ' The hearing was declared closed at 8:55 p.m. At this time the membePs of the Board of Selectmen, with the exception of Mr. Locke, and those present for the Mara hearing retired. At 8:56 p.m. hearing was declared open upon the application of the Community Nursery School, Incorporated for permission to maintain and operate a nursery school and kind@egarten on the premises located between Nos. 2295 Mass. Avenue and 2361 Mass. Avenue, owned by Mrs. Joseph Valliere. Mr. Rich, having an interest in the hearing, did not serve on the Board of Appeals. There were sixteen persons present at this hearing. Notice of the hearing was read by Mr. Locke. Mrs. Robert Packard, 14 GleasonRoad explained that the school is now being conducted at the old Belfry Club and the corporation would like to erect a permanent building for the school. The Chairman asked if there were any plans showing the proposed building and Mrs. Packard replied in the negative. Mrs. Charles E. Teeter, 463 Concord Avenue said that they intended to engage an architect and follow his advice, but that they had to take steps in order, beginning with the land. She ' s id til =t an architect 'a n of ive Hier: ,plans until t ey h<<ve t� e 1Gnd. ✓ She said that they would like a one story building and that they would have to have two large rooms. They would like to have it sxposed on the southeasterly side with as much glass as possible and closed on the north side. The Chairman asked how many pupils they expected to have and Mrs. Teeter replied about 36. She said that they could not handle more than that number in the size building they expect to erect. The Chairman asked the size of the lot and Mrs. Teeter said that it is about two acres. Mr. Elmer Funkhouser said that the corporation would event- ually spend $15,000. to erect the building, and they will have to have approximately 3,000 square feet of land. He said that the building would be one story, durable, have a central hearing unit, toilet facilities and drainage. He said that all or most of all of the land will be completely fenced. He said that they would want to have, in back of the building, playground equip- ment consisting of jungle jims, seesaws, swings, slides and sand piles, all built in an orderly fashion. He stated that the school is for children 3, 4, and 5 years old -- preschool age. He said that they have no intention of expanding beyond that point., The Chairman asked how many instructors would be connected with the school and Mr. Funkhouser said that they have about 12 pupils per adult. He said that they have operated with two paid instructors and one parent. The Chairman asked if there would be any signs and bars. Teeter said that they would merely have a name plate. Mr. Funkhouser said that they may have to postpone the actual construction of the building until 1948, but they have an opportunity to purchase the land now. Mr. Frank Heady, 2246 Mass. Avenue said that on the left hand side of Mlass. Avenue, coming up from Lexington Center, is property of Frank Heady, Helen A. McCaffrey and I,r. Barnes. He said this represents about seventeen acres of building land. he said that on the other side of the street is land owned by Mr. Vaughn and Mr. Neville comprising about four or five acres, making a total of about twenty-five acres of residential property abutting the proposed school location. I..r. Heady said that as a property owner he is opposed to the petition. Mr. William J. Neville, 2361 Nass. Avenue said that when he purchased his property, he understood that it was in a strict- ly residential area and that he would be inclined to vote against anything at all that would be 6f any nature �_t commercialize the locality. he said that eventually there will be kindergartens in the public schools. 1 1 Mt ' Mrs. Helen A. r:cCaffrey, 33 Pa ker Street said that she owns the property at 2246 No.2318 Massachusetts Avenue, that the land has all been surveyed and she has a plan of it laid out in house lots. She said that she has had opportunities to sell the property for commercial purposes, but has refused inasmuch as it is now a residential area and she desired to have it kept as such. She said that she is opposed to any change. Mr. Roy Johnson, 2295 Mass. Avenue said that his property abuts the land of the proposed kindergarten. He said that he has invested quite a lot of money in his property and did not do so with any thought in mind that he was going to be next door to a school. He said that he thought a school would reduce the value of his property and also interfere with the peace and quiet of the neighborhood. He said that he felt very strongly opposed to it. Mrs. George Vaughn, 2361A Mass. Avenue said that her property is less than 400 feet from Mass. Avenue and the proposed school property extends 700 feet from the Avenue. She said that if there are about 35 or 40 children, their playground will be almost to her windows and she felt that the noise would be objectionable. She also said that she did not believe a fence would add to the charm of the ' property. Mr. George L. Barnes, 2318 Mass. Avenue said that he owns the property across the street from the proposed build- ing, and that he is opposed to a school so close to his property. Mrs. Packard explained that the reason they have a kinder- garten is because there are no kindergartens in the public schools. She said that when there are kindergartens in the schools, the corporation will have a nursery school only. She said that they are organized under a charitable charter and therefore she did not feel that the school was a commercial enterprize. Mr. Runkhouser said that the school would be open from 9:00 a.m. until 12:00 or 1:00 p.m. He stated that the child- ren are in doors 80% of the time and taken out in groups with supervision. He said that the school is not a commercial school, its function being to bring parents and children together. He said that one of the requirements is that the parents join. Every parent does something in connection with the school, and only the teachers are paid. He said that none of the officers draw any compensation and that the school is not operated for profit. 1 1 ` 0 Mrs. McCaffrey asked if only the teachers were paid and ' Mr. Funkhouser replied in the affirmative. Mrs. 11cCaffrey asked if the property would be taxed and Mr. Funkhouser said that as a charitable ihst-itiutionit would be tax free. The hearing was declared closed at 9:50 P.M. and the group retired. At 9:51 p.m. hearing was declared open upon the application of Mr. M. J. Aruda, 329 Mass. Avenue for permission to erect an addition to the rear of his present garage building. Mr. Rich served on the Board at this hearing. No persons appeared in favor or in opposition. Mr. Aruda explained that he has gone into the fuel oil bus- iness and purchased a new truck which is too large for his present lube. He presented a plan showing the proposed addition which will be fire proof, cement block. The Chairman asked why the roof was not going to be extended and Mr. Aruda stated that at the present time it would be too expensive. The hearing was declared closed at 10:00 p.m. At 10:01 p.m. hearing was declared open upon the application of Edward A. Lerner, 53 Hancock Street, for permission to con- struct a dwelling on a lot on Hayes Avenue which will not have the required frontage. No persons appeared in favor or in opposition. Mr. Edward Lerner, Jr. said that he was appearing for his father who signed the application because it is his land. He said that his father has given him a piece of land on which to build a house. He presented a sketch of the property and explained what he proposes to do. He said that he will have 851 but has not been able to purchase enough land to give him the required 1001. The Chairman asked if Mr. Lerner would sign an agreement to purchase the land if the Board of Appeals granted his petition and he replied in the affirmative. The Chairman asked if there would be any change in the land and Mr. Lerner replied in the negative. The hearing was declared closed at 10:05 P.M. It was decided to defer any decision until Thursday evening, August 22, 1946 and the Clerk was instructed to endeavor to have five members present. The records of the hearing held on July 252 1946 were declared approved. A tru@ record, Attest: I / e , and of Appjbais. U