HomeMy WebLinkAbout1931-01-3099
BOARD OF APPEALS MEETING
January 30, 1931.
A meeting of the Board of Appeals was held at the
Town Office Building at 8 o'clock P.M. Messrs. Maddison,
Baldrey, Custance, Slocum and Glynn were present.
The meeting was called to order at 8 o'clock P.M.
on the application of Roy A. Ferguson to vary the zoning
law by permitting the use of land on Bertwell Rd. owned by
Roy A. Ferguson to be subdivided into lots of less than 75
feet frontage, in accordance with section 6 and section 9
of the Zoning Law of the Town of Lexington, and Chapter 133
of the Acts of 1924.
Ferguson' Mr. Ferguson presented a blue print of the section in
petition. question, scale 1 in - 80 ft., dated July 8,'1924, recorded
August 1923. Mr. Ferguson stated that Rush & Hamlin had
estimates for 60 ft. frontage lot, anu. he read this letter
to the Board. He stated that he would rather sell two 90 ft.
lots than three 60 ft. lots. This would help the street and
his house across the way. The lot in. question is 180 ft. x 146
ft, 6 in. Mr. Ferguson purchased the land in the spring
of 1930. He entrusted the blue print to the Board.
No one appeared in opposition to Mr. Ferguson's petition,
and the hearing was declared closed.
Hearing on the application of Maurice P. Ahern and
John L. & Bertha V. Pichette for permission to erect and
Pichette, maintain at 847-855 Mass. Ave. a 20 car garage and repair
& Ahern shop and to keep, store and sell petroleum products and
applicationvolatile inflammable liquids in connection therewith, and
to use the premises as a public filling station for the storage,
keeping and sale of gasoline in five one thousand gallon tanks
with pumps was declared open at 8:20 P.M.
Mr. Joseph Cotton appeared for the petitioners. He
submitted'a blue print of the lot and a plan and elevations
of the proposed buildings - scale 1/8 in. - 1 ft. He
explained the location, and gave the location of stores
across the street, and the character of the present buildings.
The lot was about 90 ft. x 100 ft. within the business
zone, and with the addition of the land in the rear, the
lot was about 150 ft. deep. They proposed building a
garage about 40 ft. x 50 ft, and a gasoline station with
three pumps, five one thousand gallon tanks. He stated that
there was no objection from the immediate abuttors; there
would be an increase of about '::000 in taxable property.
He stated that there is a traffic hazard on Mass. Avenue
due to the high speed of the automobiles; the present buildings
are unsightly and that the present garage is unsightly..
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The present garage was not to be removed but the
houses were perhaps to be removed elsewhere. Mr. Cotton
also stated that Mr. Arthur Field had been in business
for over a year and the petitioners own the entire lot
in question.
Mr. Pichette stated that there would be a set back
from the Avenue of 50 ft. to the main building and 40
ft. to the projection nearest the street, all as shown
on the plan. The building was to be constructed of blocks
made of cinder concrete and plastered, - the building
would comply with state and town building and fire laws.
He assured the Board that the present buildings ('two houses)
would be demolished.
Mr. Arthur Field stated that the garage would be used
for repairing primarily.
Mr. Bartlett J. Harrington, 11 Curve St. stated that
on behalf of the residents of Curve Street and himself he
saw no objection to the proposed project, provided the
property was kept orderly.
Mr. John Cotter, aa3 Mass. Ave. stated that he was a
resident of Mass. Ave. living diagonally opposite the lot
in question and he felt that the proposed project would be
a detriment to the neighborhood as
a it would depreciate property values
b it would tend to increase insurance rates
(((c it would tend to make greater traffic congestion
on Mass. Avenue.
He felt that a garage would be more of a detriment than
stores. He stated that Mr. Harrington lives 750 feet away
from the lot and that he lives about 100 feet away.from
the lot in question; that the residents of the neighborhood
are trying to keep the district residentially good; that
the traffic conditions are up to town administration; that
the proposed cinder block construction is the cheapest.
Mr. Edward L. Crown, 26 Curve St. stated that his
father-in-law had applied for a gasoline station permit
for the lot adjoining the one in question on Aug. 12, 1930,
and that he had been refused on the grounds of 11no necessity."
He objected to a gasoline station on the location in question.
Mr. Crown lives directly adjoining the lot in question. He
stated that he objected to the present garage on account
offuni s and dirt. He purchased his property for a residence
and he objected to a garage next to a residential zone; he
understood that the proposed garage was to be of second
class construction.
The Board informed Mr. Crown that the buildingrLI
wou"d not be of second class construction. '
The Board inquired if the petitioners intended to
have brilliant illumination and repair activitylate
at night. They stated that they would be willing to comply
with any restrictions the Selectmen would impose when issuing
Lex. Burial
Park Assoc.
S.OtConnell
re Cemetery
application
Ferguson
decision.
Decision re
Pichette &
Ahern on
table.
the permit in this respect and in respect to all night
operation.
The hearing was closed.
Mr. Cotton left the above mentioned blue print with
the Board.
The Lexington Burial Park Association matter was.
then discussed. Mr. Custance read an article in the
General Laws of Mass. in relation to burial grounds.
The assent of the Board of Health would be necessary in
order to grant the permit. The petition was discussed
generally.
Mr. Glynn moved, and Mr. Slocum seconded that•the
petition of the Lexington Burial Park Association be
laid on the table, and it was so voted.
The Board then discussed Samuel O'Connell's --
petition in regard to the Lexington Park Property being
used for a public cemetery, and in view. of the fact
that no one appeared on behalf of the petitioner to
.inform the Board of his intentions, it was voted that
the above petition be denied.
The Board considered the petition of Roy A. Ferguson
to subdivide a lot of land on the westerly side of
Bertwell Road between the land of Holmes and Frank N. &
Christine M. Champlin, having a frontage of 180 ft. on
Bertwell Rd., into lots of less than 75 ft. frontage.
It was voted to grant the permit provided that in
subdividing said lot no lot has a frontage of less than
60 ft.
Mr. Custance moved and Mr. Slocum seconded that the
petition of Ahern and Pichette be laid on the table, and
it was so voted.
- Mr. Custance moved that the meeting be adjourned
at 10:40 P.M., and it was so voted.
A true record, Attest: