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HomeMy WebLinkAbout1940-09-20 185 BOARD OF APPEALS RECORDS-SEPTEMBER 20, 1940 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building at 8 00 P. M. Messrs. Kimball, Robbins, Locke, Brown, and Bowker were present. The Secretary was also present. In the absence of Mr. Glynn, Mr. Kimball acted as Chairman , Pro-tem. At 8 00 P. M. hearing was declared open upon the application of the David Buttrick Company for permission to use the small building located at 384 Bedford Street, Lex- ington, for the storage and sale of apples raised on the premises. Inasmuch as no persons appeared in favor or in opposition to the granting of the petition, no action was taken on it. The records of the meeting held on August 23rd were declared approved. At 8 15 P. M. hearing was declared open upon the application of the Colonial Garage, Inc. for permission to maintain a parking space for automobiles in an area 50 feet inside the R.1 zone bordering on the C.l zone , on the land located at 1686 - 1698 Mass. Ave. , and to maintain bowling alleys in a proposed building to be located on the said property. Mr. Eugene Viano and nineteen other persons were present at the hearing. The notice of the hearing was read by Clerk Robbins . Mr. Viano said that this petition was preliminary to the proposed erection of a business block on the so-called Valentine property. When the Zoning Law was put into effect, the business zone went back to a depth of one hundred feet. Mr. Viano said that that was no longer adaptable for the type of stores now being erected. He said that the parking problem was becoming serious, and that to his knowledge, the parking problem in Lexington Center had been serious for many years. The business men consider it a serious hindrance to the conduct of their business, and he believed that business had to provide its own parking area. 186 CD He said that Lexington had not had any new business construction for many years, but in towns around, business has been providing its own parking space He said that this building would take up the entire business zone. If the Board granted them the right, they propose to park in a fifty foot zone in the rear of the business zone. Mr. Viano presented a plan of the proposed building, and also presented a plot plan. He said the bowling alleys would consist of ten alleys in the basement of the building, and that there would positively be no noise coming from the alleys. Mr. Kimball asked if any part of the bowling alleys would come within the residential zone, and Mr. Viano replied in the negative. He said that the alleys would take in about 75 feet of the basement. He said that the building would not extend back as far as the Colonial Garage building. He said that the parking area would accommodate about 50 cars. Mr. John Rudd asked if there would be any regulations on the parking, and Mr. Viano replied in the affirmative. Rudd asked if cars could park in there at any time, and Mr. Viano replied in the affirmative. Mr. Rudd asked if e people would not have room enough to park in the street after the stores were closed, and Mr. Viano said that they should, and if they did, they certainly would not drive around to the rear of the block of stores. Mr. Rudd asked if he believed that parking after store hours was necessary, and Mr. Viano said that he did. Mr. Rudd thought that the noise of people starting cars around mid- night would be a nuisance. Mr. Rudd said that there was a parking area in the rear of the Town Office Building, and that the Chamber of Commerce was advocating parking there. He thought that this parking space was sufficient, and that Mr. Viano ' s parking area was not necessary. Mr. Viano said that the tenant of one of the stores insisted on parking space. One man asked how long a permit of this sort would run, and Mr. Kimball said he believed a permit of this sort would not be limited. Mr. Viano said that eventually the business zone on Mass. Ave. had to grow back from 100 ' to 150 ' . He said that people would not walk to and from a parking space. He said that he could not rent the largest store unless there was a side parking area as well as a parking area in the rear. 11 187 Mr. C. H. Ferguson said the best thing to do would be to make a study of the whole area and consider taking back the whole business zone to 150 ' , rather than to grant this petition. Mr. Viano said that people were continually parking in a residential zone , and as a matter of fact, there was considerable doubt in his mind if the Town dould stop them from parking in the residential zone. No other persons appeared in favor of the granting of the petition. Mr. Kimball asked if there were any persons appearing in opposition, and seventeen persons stood up. Mr. Harold F. Lombard of 24 Vine Brook Road said that the people had no objection to the bowling alleys if they were sound-proof , but if there were windows in the rear that would open so that noise would escape and disturb the neighbors, they would object. As far as the parking space in the rear went, he thought it to be an opening wedge toward making the lot into a 0.1 zone, rather than an R.l zone. They would object to that. Mr. Kimball asked if any persons objected to the bowling alleys, and they all said that if they were sound-proof, they would have no objection. Mr . Viano said that Mr. Lombard stated that this was an opening wedge toward making this into a business zone , but that they had no intention of building on the rear of the lot. He said that most of the arguments were based on fear, and not on logic. Mr . N. W. Nilson of 19 Vine Brook Road said that he did not agree that the arguments were based on fear. He said that the rear of the garage was always used for a parking space . In the last ten years it has been used for all sorts of things, and the abutters believed that this was an enter- ing wedge toward making this a business zone. A Mr. Davis of 4 Sherburne Road said that if the parking space was for the good of the community, then it was up to the Town to provide it, and not the province of an individual. Mr. Viano asked if there was any objection to the type of building, and there was none Mr. E. J . Connors of 4 Vine Brook Road said that if IIparking was so important, it might be possible to provide a 188 parking space in the front of the building, on the main thorofare. Mr. Locke asked what provision had been made for ventilation, and Mr. Viano said the building would be air-conditioned, and that there would be no windows in the bowling alleys. No other persons wishing to be heard, the hearing was declared closed at 8 48 P. M. Upon motion of Mr. Brown, seconded by Mr. Bowker, it was voted to grant the petition for the maintenance of the bowling alleys in the following form. 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 Colonial Garage, Inc. , 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 20th day of September , 1940. 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 behalf of the petitioner tending to show: That it was the intention of the Colonial Garage , Inc. to erect a building within the present business area locat- ed at 1698 Mass. Ave. approximately 163 feet on the Mass . Ave. side, and extending in depth 100 feet , That they propose to have ten bowling alleys in the base- ment and seven stores on the first floor, That the bowling alleys would be as sound-proof as practi- cal; That there would be no open windows, and that air-condition- ing would be installed. No persons objected, provided the bowling alleys were sound- proof. At the close of the hearing the Board in private session on September 20, 1940 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 189 welfare will be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair thestatus 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 unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Colonial Garage, Inc. to build and maintain ten bowling alleys in the proposed building to be erected at 1686-1698 Mass. Ave. as shown on a plan entitled "Store and Office Building at Lexington, Mass. for the Colonial Garage , Inc. , Eugene J. Viano Pres. 1940 , John Edmund Kelley, Architect, 38 Chauncy St. , Boston Mass." , subject to the following conditions 1. That the said alleys shall be made as sound-proof as practical, 2. That outside windows shall not be open at any time while bowling is in progress ; 3 . That the premises shall be kept in a neat and orderly condition. 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. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch.40,Sec. 27) 190 n EDWARD W. KIMBALL II ERROL H. LOCKE J MILTON BROWN WINTHROP H. BOWKER HOWARD W. ROBBINS I, Howard W. Robbins, Clerk of the Board of Appeals of Lexingtbbbbn, appointed under General Laws , Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 27th day of August, 1940, to Charles W. & Robert L. Ryder, Colonial Garage, Inc. , James J. & Lucy D. Walsh, Beatrice F. Morse, Joseph & Annie T. Hurley, Marg- aret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney, Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen E. Lombard, Benjamin F. & Mildred P. Groot, Clements H. & Mildred P. Ferguson, Harold S. & Mabel D. Johnson, Lex. Real Estate Trust , Robert L. Ryder,Tr. , Edward J. & Mary C. Connors, Helen S. Davis & George W. Sootkoff, Daniel J. O 'Connell, Lora B. Worthen, Carrie Norris, Alice M. Hurl- burt, New England Trust Co. of Boston, Annie Harrington, Frederick R. Galloupe , John F. & Mary E. Dowd, Arthur N. & Minnie C. Maddison, Fred W. & Lucy A. Miller, Heirs of Ada H. Rowse, Oscar F. & Eliz. Sette, Beatrice H. Lamont, Grace P. Brown, William H. Driscoll, Charles W. Ryder, West,Eliz. W e c/o Wm. H. Hill, Bridget Leary, Susan A. Spencer, II Sarah E. Comley, Fanny Franks, Freda R. Bunker, Emily H. Morse , Robert T. & Richard J. Spencer, Heirs of James F. O'Halloran, Gertrude E. Mitchell, S bastiano Nicci , George H. & Mabel F. Peterson, Lulu 1. Blae, Catholic Club of Lexington, Beatrice F. & Wendell H. Burgess, Catherine T. MacDonald , William 1I. & Alice S. Crawford, Norbert M. Eng- lish, Anstiss S. Hunt, Virginia Leavitt, The First Baptist Church, Edgar J. Thivierge, Bertha M. Baker, Lucy D. & Bertha M. Hutchinson, Alice T. McCarthy, Frederick D. Cook, Herman & Margaret MacKay, Florence P. Cleveland, and also advertised in the Lexington Minute Man on August 29, 1940, a notice of which the following is a true copy. HOWARD W ROBBINS Clerk, Board of Appeals August 20, 1940 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen- I The undersigned hereby petition the Lexington Board of 191 Appeals, appointed under General Laws, Chapter 40 , Section 27 to vary the application of section 9A of the Lexington Zoning By-Law with respect to the premises at No. 1698 Mass. Ave owned by the Colonial Garage, Inc. of Lexington, by permitting the following The maintenance of bowling alleys in a proposed building at the above address. Colonial Garage, Inc . Eugene J. Viano, Pres. 16o8 Mass. Ave . Lexington, Mass. August 20, 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 27, to vary the application of section 9G of the Lexington Zoning By-law with respect to the premises at ' No. 1686 -1698 Mass. Ave. , owned by the Colonial Garage , Inc. of Lexington by permitting the following The parking of automobiles in an area fifty feet inside the R. -1 zone bordering on the C.-1 zone on Mass. Ave. - This area would be 215 feet long and 50 feet deep. Colonial Garage, Inc. Eugene J. Viano , Pres. 1668 Mass. Ave . Lexington, Mass. Lexington, Mass. August 26, 1940 BOARD OF APPEALS NOTICE 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 Colonial Garage , Inc. and located at 1686 Massachusetts Avenue , to 1698 Massachusetts Avenue, Lexington, the parking of automobiles in an area 50 feet inside the R.l zone bordering on the C.1 zone and the maintenance of bowling alleys in a proposed building to be located at 1698 Mass. Ave . , Lexington, under the Lex- 192 ington Zoning Law or in accordance with Chapter 40 , Section 27A of the General Laws and amendments . The hearing will be neld on September 20 , 1940, at 8 15 P. M. in the Selectmen' s Room, Town Office Build- ing, Lexington, vass. C. EDWARD GLYNN, Chairman, Board of Appeals Insert Lexington Minute-Man, Aug. 29th, 1940 Upon motion of Mr. Locke , seconded by Mr. Bowker, it was unanimously voted to grant the petition for the maintenance of the parking space in the following form 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 Colonial Garage , Inc. 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 publish- ed in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 20th day of Sep- tember, 1940. 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 behalf of the petitioner tending to show That he desired to establish a parking space in the rear and side of the proposed building located at 1686- 1698 Mass. Ave , as shown on a plan entitled "Store and Office Building at Lexington, Mass. for the Colonial Garage, Inc. , Eugene J. Viano , Pres. 1940, John Edmund Kelley Architect, 38 Chauncy St. , Boston Mass . " , that the proposed building would utilize a part of the commer- cial area and that it was their desire to provide parking privileges for the customers of the tenants ,that he believed that parking space was a requirement today for the satisfactory rental of business property. Seventeen persons appeared in opposition, stating that in their opinion the use of these premises for park- ing, especially in connection with the bowling alleys would create undue noise and would be a detriment to their well- being, and belief was expressed that this usage was an en- tering wedge to extend the business area at this location. 193 At the close of the hearing the Board in private session on September 20, 1940 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. 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 pro- visions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petition- er and that desirable relief may be granted without sub- stantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Colonial Garage, Tnc. to maintain a parking area for automobiles in an area 50 feet inside the R.l zone at 1686 - 1698 Mass. Ave. , Lexington, subject to the following conditions 1. This parking space shall extend not over 50 feet into the R.l district, measured from the present bounds of the present C.l district at this point , 2. That there shall be erected and maintained a suitable continuous fence along the entire back line of the property between the side lines as shown on a blue print by John Edmund Kelley, dated 1940 and filed with the Board of Appeals; 3 . That the parking of cars shall be confined to those owned by the tenants, their employees, and customers , 4. This space shall not be permitted for use as accessory to the Colonial Garage business; 5. That it shall be used only for parking only during the hours of the business use of the premises. 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 hereinbe- fore set forth and the testimony presented at the said 194 hearing, including that herein summarized, and directs that 111 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) Edward W. Kimball Winthrop H Bowker Howard W. Robbins J. Milton Brown Errol H. Locke I , Howard W. Robbins, 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 27th day of August, 1940 , to Charles W. & Robert L. Ryder, Colonial Garage, Inc . , James J. & Lucy D. Walsh, Beatrice F. horse , Joseph & Annie T. Hurley, Marg- aret M. Gallagher, Florence L. Nickerson, Phyllis M. Jenney, Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen R. Lombard, Benjamin F. & Mildred P. Groot, Clements H. & Mildred P. Ferguson, Harold S. & Mabel D. Johnson, Lex. Real Estate Trust , Robert L. Ryder, Tr. , Edward J. & Mary C. Connors, Helen S. Davis & George W. Sootkoff, Daniel J. O ' Connell, Lora B. Worthen, Carrie Norris, Alice M Hurlburt, New England Trust Co. of Boston, Annie Harrington, Frederick R. Galloupe , John F. & Mary E. Dowd, Arthur N. and Minnie C. Maddison, Fred W. & Lucy A. Miller, Heirs of Ada H. Rowse, Oscar F. & Elizabeth Sette, Beatrice H Lamont , Grace P. Brown, William H. Driscoll, Charles W. Ryder, Elizabeth West, c/o William H. Hill, Bridget Leary, Susan A. Spencer, Sarah E. Comley, Emily Ffanks, Freda R. Bunker, Emily E. Morse, Robert T. & Richard J. Spencer, Heirs of James F. O 'Halloran, Gertrude E. Mitchell, Sebastiano Nicci, George H. & Mabel F. Peterson, Lulu M. Blake, Catholic Club of Lex- ington, Beatrice B. & Wendell H. Burgess, Catherine T. MacDonald, William M. & Alice S. Crawford, Norbert M. English, Anstiss S. Hunt, Virginia Leavitt, The First Bap- tist Church, Edgar J . Thiviorge, Bertha M. Baker, Lucy D. & Bertha M. Hutchinson, Alice T. McCarthy, Frederick D. Cook, Herman & Margaret MacKay, Florence P. Cleveland, and also advertised in the Lexington Minute Man on August 29 , 1940, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals. 195 ' August 20, 194.0 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 9A of the Lexington Zoning By-law with respect to the premises at No. 1698 Mass. Ave. , owned by the Colonial Garage , Inc. of Lexington, by permitting the following The maintenance of bowling alleys in a proposed building at the above address. Colonial Garage , Inc. Eugene J. Viano , Pres. 1668 Mass. Ave. Lexington, Mass. August 20, 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 27 to vary the application of section 9G of the Lexington Zoning By-law with respect to the premises at No. 1686 - 1698 Mass. Ave , owned by the Colonial Garage, Inc. of Lexington by permitting the following The parking of automobiles in an area fifty feet inside the R.-1 zone bordering on the C. -1 zone on Mass. Ave . - This area would be 215 feet long and 50 feet deep. Colonial Garage, Inc. Eugene J. Viano, Pres. 1668 Mass. Ave. Lexington, Mass. Lexington, Mass . August 2o, 1940 196 BOARD OF APFLALS NOTICE 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 Colonial Garage , Inc . and located at 1686 Massachusetts Ave. to 1698 Massachusetts Avenue, Lexington, the parking of automobiles in an area 50 feet inside the R.l zone bordering on the C.1 zone and the maintenance of bowling alleys in a proposed building to be located at 1698 Mass. Ave. , Lexington, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on September 20 , 1940, at 8.15 P. M. in the Selectmen' s Room, Town Office Build- ing, Lexington, Mass. C EDWARD GLYNN, Chairman, Board of Appeals Insert Lexington Minute-Man, Aug. 29, 1940. The meeting adjourned at 10 00 P. M. A true record, Attest C erk I