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HomeMy WebLinkAbout1933-01-10D n BOARD OF APPEALS MEETING JANUARY 101, 1933. 3 rypq 1 4 The Board of Appeals met at the Selectmen's Room, Town Office Building, at 8:00 P.IVi. on January 10, 1933, Messrs, Maddison, Glynn, Custance, Bald rey and Slocum were present. The Secretary was also present. Joint hearing was declared open on the application of William L. Burrill, 127 Bedford Street for permission to maintain a service garage and have a gasoline station of 4000 gallon capacity and one thousand gallon tank for range oil. The Chairman of the Selectmen read the notice -of the hearing. The Clerk of the Board of Appeals read the notice of the Board of Appeals hearing. Mr. Burrill presented the plans showing the location of the'building,on the lot and the intended layout of the broperty. He explained that the proposed garage would be 18 x 25 and that the building was simply to change the tires and in no sense a repair shop, as other repair shops are located around the Town. He would have a 32 foot driveway and intended to have the pumps about fifteen feet back of the street line. The property was zoned for business 150 feet from the railroad tracks and his own house and Mr. Dodgers house were the nearest ones to the location. He proposed to have the two men who formerly operated the Standard Oil Company station in North Lexington operate this station. Mr. Francis.B. Culbertson of 82 Harding Road stated that he was in favor of this permit being granted inasmuch as the service given at the Standard Oil Co. station by these two men was very good service and all the persons in that location felt that way about it. Mr. Roy Ferguson questioned as to whether or not all the land was in the business zone and asked what the distance was to the nearest residence from the location proposed other than Mr. Dodge's and Mr. Burrillts houses. It was stated that it would be about 450 feet to Jacob Bierenbroodspotts house. He also called attention to the fact that the street which was unimprosred had several lots upon it which could be built upon located in the rear of the filling station. Mr. Charles McCormack of.35 No. Hancock Street stated thatif the filling station were located directly opposite the coal yard that part of it would come in the residence district. He stated further that he had no fault to find with Mr. Dailey and Mr. Newcomb who had formerly been employed by the Standard Oil Co. of N. Y., but his property would look out upon the filling station and he felt that the filling station would lower the value of the remaining property, which is as yet undeveloped, that lies in the rear of it. He also presented a letter from a neighbor, Wesley J. Brigham, opposing the filling station. VV l l Mr. McCormack was asked whether or not he would consider [TJ a filling station more objectionable than any other business, and he stated that he thought it would be. The letter writi,en by Wesley J. Brigham in which he , objected was read. Mr. Eugene J. Viano called attention to the fact that Mr. Whitets residence was nearer than one of the other residences mentioned. Mr. George T. Fuller stated that Mr. White was entirely in favor of the filling station; that he had no objection to it. Mr. Albert W. Emmons of 7 Dexter Road stated that he was strongly in favor of the filling station. He understood that this was not to be a regular garage but a filling station. Therefore there would not be a lot of old cars stored around the place. He also understood that the men who had been in charge of the Standard Oil Station, Mr. Dailey and Mr. Newcomb, would be in charge and these two men have given the best kind of service at the station they were formerly employed at. He also stated that he spoke for Mr. Alfred C. Mortimer who was also strongly in favor of the petition. Mr. Wilbur H. Abbott of 14 Harding Road stated that he was strongly in favor of the petition; that the service that had been given by these two men was par excellent and better than any service that he had seen given in the Town of Lexington. Mr. Edward A. Mead of 15 No. Hancock Street stated that he was strongly in favor of the filling station. Air. Norman Hooper stated that he was in favor. He ' called attention also to the fact that this was a low area of land which apparently has not brought the owner any revenue and he should be allowed to do something with the land, and as long as Mr. Burrill and Mr. Dodge, who would be closely located, would not be against the petition, he felt that it should be granted. He also called attention to the excellent service of Mr. Dailey and Mr. Newcomb. Mr. Dodge stated that he was in favor of the petition. Mr. Roy Ferguson stated that he was in favor of it. Mr. Baldrey of the Board of Appeals inquired whether or not there was any other available space in this section for a filling station. The busimess zone at the corner of North Hancock Street was pointed out, but this was taken up with business locations and there was no other place available in that section. Eugene J. Viano stated that he represented Mr. Felix Viano who wishes to oppose the filling station. He called attention to the fact that with the exception of Mr. Dodge and Mr. Burrill, those who were in favor of the proposed station lived a considerable distance away, and the house in which his father lives is within sight of the proposed station, the location being 110 Bedford Street. He felt that this station would not tend toward a proper development. There is a filling station=now within one eighth of a mile , away. He also felt that a company -operated station was operated in a more efficient manner than any station operated by a private person. He called attention to Mass. Avenue where there are so many filling station and felt that this territory might be ruined in the same manner. He also called attention to the fact that there was a school beyond and a filling station would tend to be a detriment to the school children. He stated also that he felt stores would not be as objectionable as a filling station in this location. Mr. Fred Viano also objected to the filling station saying that he lived within sight of the railroad crossing and he had two small children who went to Parker School, and there being no sidewalk on this side of the railroad track, he felt that it was dangerous enough now for the children walking to school and he did not feel that the danger should be increased by allowing the filling station. The traffic travels fast on that highway at the present time, and cutting in and out of the filling station would be an added danger. Mr. Joseph Kelley favored the filling station and'stated Also that there are two vacant stores in the block at the corner of No, Hancock Street which have been vacant for a long time, and he believed that there were stores enough in that section o take care of the territory for twenty- five years to come and as far as the filling station being detrimental to the neighborhood was concerned, he felt that the condition behind some of the stores that were being operated was more of a detriment. Mr. Burrill left with the Board a petition signed by a great number of persons in the vicinity of the filling ' station maintaining that the permit should be granted. The hearing adjourned at 8:45 P.M. After the hearing thb Board of Abpeals adjourned�to the Conference Room, where all members were present except Mr. Custa=e who was in attendance'at a meeting of the. Board of Selectmen. The record of the meeting of Jan. 6th, 1933 was read and approved. The petition of William L, Burrill for a gasoline station and service garage and tanks at 127 Bedford Street was considered and it was the feeling of the members of the Board present that therd'appeared to be no public necessity for a gasoline station at this location as it is within approximately 500 feet of an existing gasoline station; that this land is on the edge of the business district, and the adjoining property north and east is in a residential zone, and that a gasoline station with its long hours every day, its lights, noises etc. would be a detriment to adjacent residential property. It was voted to deny the petition in the following form: The Board of Appeals, acting under General Laws, Chapter 40, sed. 27, having received a written petition addressed to it by William L. Burrill, 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 b7 the Board to be affected thereby 1328 4W as they appear on the most recent local tax list, and also adv6rtised in the Lexington Townsman, a newspaper published in Lexington, which hearing was held in the Selectmen's Room in the Town Office Building on Tuesday the 10th day of January 1933 at 6 o'clock P.M. All of the members of the Board of Appeals were present at the hearing. After hearing the evidence offered by the petitioners and such other evidence as was offered, the Board in private session at a meeting held Jan. 10, 1933, gave consideration to the subject of the petition and a majority of the Board voted that in its judgment the public convenience and welfare will not be substantially served by the use of the premises described in the petition and that such use may tend to impair the status of the neighborhood, and it was the feeling of the members of the Board present that there appeared to be no public necessity for a gasoline station at this location as it is within approximately 500 feet of an existing gasoline station; that this land is on the edge of the business dis- trict, and the adjoining property north and east is in a residential zone, and that a gasoline station with its long hours every day, its lights, noises etc. would be a detriment to adjacent residential property. mak. The Board therefor determines that the application of section 6 C in C.1 Districts of the Lexington Zoning By- law does not permit the use of the premises described in the petition and instructs the Inspector of Buildings of Lexington not to grant a permit therefor. Arthur N. Maddison, C. Edward Glynn Curlys L. Slocum Roland W. Baldrey Board of Appeals of Lexington I, Roland W. Baldrey, CYerk of the -Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the 82nd day of De-cember, 1932 to Harriet W. Smith, Felix Viano, Middlesex & Boston R. R., Misticke Co., C/o John Abbott, Robert H. White, Osborne J. Gorman,. Earle R. and Ianthe C. Empey, Lexington Coal Coy, Frank W. Dodge, David J. Harrigan, Cornelia Bierenbroodspot, Dorothy T. Taylor, Lilla F. Brackett, Marjorie M. Dempsey, George F. Smith, John J. Brady, Charled H. Dempsey, Standard Oil Co. of N. Y., Inc., Leone M. Northrup, Alexander Parks, Charles A. & Anna L. McCormack, John H. McHarg, Lillian N. Russell, Edward A. Madeline T. Mead, Ervin R. Dix et al, Hugh E. & Mary E. Leonard, Wesley J. & Mabel V. Brigham, Madge & Sidney Folse, Joseph A. & Beulah D. Parks, Russell I. & Elsie G. Prentiss, Clifford M. & Rt.th S. Martin, Boston and Lowell R.R. Corp., Be4jamin B. Meady, William L. Burrill, and also advertised in the Lexington Townsman on December 22, 1932, a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals 1 1 229 ro, I December 21, 1932. 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 of the Lexington Zoning By-law with respect to the premises at No. 127 Bedford Street, owned by William L. Burrill of Lexington by permitting the following: gasoline station and service garage and to install two tanks for gasoline of two thousand capacity each, and one thousand gallon tank for range oil at 127 Bedford Street. William L. Burrill 127 Bedford: Street Lexington, Mass. N 0 T I C E ' Lexington Board of Zoning Appeals December 21, 1932. Notice is hereby given that the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, will give a hearing in the Selectmen's Room in the Town Office Building on Tuesday, the 10th day of January, 1933 at 8:00 P.M. on the petition of William L. Burrill of Lexington that t1V Board vary the application of the Lexington Zoning By-law in accordance with the authority therein contained and in accordance with Chapter 133 of the Acts of 1924, by permitting the mAintenance of a gasoline station with a capacity of two thousand gallons of gasoline, a service garage and one thousand gallon tank for range oil at 127 Bedford Street, Lexington. Arthur N. Maddison, Chairman, Board of Appeals. CORRECTED NOTICE Lexington Board of Zoning Appeals. December 27, 1932. Notice is hereby given that the Board of Ap:)eals of Lexington, appointed under General Laws, Chapter 40, Section 27, will give a hearing in the Selectmen's Room, in the Town Office B)ilding on Tuesday, the 10th day of January, ' 1933 at 8;00 P.M. on the petition of William L. Burrill of Lexington that the Board vary the application of the Lexington Zoning By-law in accordance with the authority therein con- tained and in accordance with Chapter 133 of the Acts of 1924, by permitting the maintenance of a gasoline station with a capacity of four thousand gallons of gasoline, a service garage and one thousand gallon tank for range oil at 127 Bedford Street, Lexington. Arthur N. Maddison Chairman, Board of Appeals. A true record, Attest; C/ Clerk. n I$