Loading...
HomeMy WebLinkAbout1932-02-16 i BOARD OF APPEALS MEETiING 41M FEB. 16, 1932. c A meeting of the Board of Api3eals was held in the Town Office Building at 7: 30 P.M. Messrs.Maddison, Baldrey, tlocum and Custance were present. Joint hearing of the Board of Appeals and Board of Selectmen on the appliration of Frank W. Perkins for permission to install gasoline tanks with a capacity of 2000 gallons at his premises #536-542 Mass. Avenue, Lexington, k was declared open. The Chairman read the notice of the Board of Selectman, and the notice of the Board of Appeals was read by the Clekk. Judge Pierre Yorthru represented Mr. Perkins, the applicant. rie stated that the petition as originally set forth states that it was brought under section 9 of the Zoning Law, but he wished to call attention to Section S which refers to accessory use. He called attention to the previous hearings had before the Board of Selectmen and the denial of the former petitions. He called attention to the ruling of the Board of Selectmen in allowing the use of the premises for a repair shop. He went back to 1812 when the Russell family built the premises and used it as a blacksmith shop and general repair of vehicles. He felt that automobiles have now taken the place of other vehicles and that it was proper that this shop should be used now for the repair of automobiles and he felt that business was allowed under the General Laws on these premises under the non-conforming use of Section 10. He stated that the use granted by the Selectmen for this property did not includd a gasoline permit. He stated that Mr. Perkins has been in the repair business for 27 years and that this was his sole occupation and he was a disabled war veteran. He stated that he has tarried on a garage and repair business at the corner of Oak Street. he stated that Mr. Perkins did not want a filling station alone, 1 he merely wanted it in conjunction with the repair business. He had in mind putting in three pumps . He intended to move his house back and tear down one of the buildings that now stands to the right of the lot. Judge :Northrup also called attention to the fact that there was not another place to purchase gasoline on the. right hand side of the street from Viano's down to the Arlington line, and he felt that there was notbetter place for gasoline on the fight hand side of the street than this location. He felt that persons do not want to cross the street and usually wait until they find a station on the right hand side. He presented a chart showing the business operated in this sect on on both sides of the street . On the left hand side he called attention to the First National Store, then two doors down the Chamberlaiii house which advertises tourists, then across the street there is a large billboard also another tourists place and the Cottage Hospital then there is a residence and Mr. Perkins ' premises. Below is the printing shop on the other corner of Oak Street. On the other side there is the Old Paint Shop that was used for business, and then Mr. Cummin€s at his premises operates a milk business. He felt, therefore, that although this was a residential sect , on it showed thatV-it was mostly a business section. id a He stated that Oak Str t was a dangerous street and that if Mr. 'erkins moved hi'S house back it would open up this corner tb that it would not be so dangerous. He felt that the changes suggested by Mr. Perkins would improve the place and that he could not see how the addition of three pemps in front of the premises would be any detriment. If this locality was strictly a residential zone, he would feel differently about it. He therefore asked the Board to grant the petition requested. Mr. Northrup did not have any plan showing the location of the pumps but he stated that he believed they were to be twelve feet out from the present building. Mr. Northrup presented a petition signed. by residents in the vicinity in favor of granting the permit . Mr. Daniel J. O'Connell st ted that he wos asked to appear in behalf of a property owner in the vicinity. He appeared at a former hearing.and opposed the granting of a petition. He stated that he was familiar with the location and he did not believe that one could call the Cottage Hospital a business or that the tourist signs that were in front of the residences could be called a business, and that the repairing of cars was a business of a different nature. He questioned the right of the Selectmen to rule that the premises formerly used as a blacksmith shop could now be used for a business of repairing automobiles. However the residents in the neighborhood do not object to Mr. l'erkins ' carrying on a repair shop and do not want to deprive him of a living, but feel that he should not carry his application to he point of applying for gasoline. He felt that Mr. Perkins ' principal business would then become the sale of gasoline rather than the repairing of automobiles . He felt also t•iat the ruling of the Selectmen does not decide for all time the fact that these premises can be used as a repair shop. He felt also that there are filling stations enough in this section, and he has heard Massachusetts Avenue referred to as Gessollne Alley. Mr. O 'Connell felt that thee three pumps that Mr. Northrup spoke of would not be so objectionable , but that the driving in of cars at all hours to fill up with gasoline is what is objectionable. As far as the placing of bu^iness was concerned on each side of the street, he felt that the same argument could be used in any other kind of business that if the business were operated on one side of the street, it also should be operated on the opposite side. He felt that public convenience and nece-Isity d'd not require a filling station, but there is more gasoline in Lexington than Lexington can use now. He felt ethat as soon as Mr. Perkins got the permit for a small amount of gasoline he would then be requesting additional gasoline and she situation in East Lexington might be as it has been in East Boston recently with all the gasoline stations that are located in that vicinity. He felt that Mr Perkins was only interested in his own welfare and that the Board should take cognizance of the feelings of the people in the neighborhood. Mr. O 'Connell stated that Mr. Joy was in St. Petersburg,Florida, and asked that he protest in his behalf and he believed that a letter had been sent by Mr. Carrigan objecting. Mr. O'Connell stated that he represented Mr. Joy, Mr. Carrigan, Mr. Cummings, Mr. Healey X63 and Mr. B gnntti. +10 Mr. Bignotti called attention to the fact that the non-conforming use of these premises was at #542. He st- ted C17 that he was objecting for the taxpayers and for familes that did not want to see the Zoning Law changed. He called attention to the fact that the Town has now to provide an officer at the crossing of Oak Street for the children and if there was a filling station there, they would have to have an officer all the time inar�much as there would be more congestion . He believed that the purpose of the Zoning Law was to protect; the neighbors in just such cases of this kind. He stated that when he purchased his place the sign that was there was "Ye Old Blacksmith Shop" and he did not believe you could say the repair of automobiles was similar to a blacksmith shop. He stated that he was on the Zoning Board in the city of Somerville and he had seen many of these things done, and that a beautiful picture was painted but as soon as the permit is given things are different. He would not like to sit outside his house and get the smell of the gasoline fumes day and night . He felt that the present building becomes a public garage as soon as three cars are stored them and that there are certain restrictions laid down by the State Fire Marshall for fire protection. He felt that this property in its present condition was a fire hazard, Mr. Francis Chamberlaid stated that he was also opposed to the erection of a filling station, although he was not an abuttor. Mr. Stanbridge of 564 Mass . Avenue stated that he lived directly in sight of the property and he would not like to see the hazards increased at this location. Mr. Northrup desired to summarize all the objections and to his point of view, he felt that Mr. Joy's property was around the corner and out of sight of theproperty in question; Mr. Carrigan lived in the property next to the Cummings property which was dome distance away; Mr. Chamberlain watt speaking for someone else as he did not live in the immediate vicinity. He therefore felt that there was a small amount of object ion. Those present and recording themselves against the etition were Mr. George Melick, Mr. Cummings, Mrs. Healey, Mr. Clare, D. L. Cronin, Mr. Dolan and Mr. Coyne, Mr. Peavy and Mr. Bignotti. The hearing was declared closed at 9:15 P.M. A true record, Attest. ' Clerk.