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HomeMy WebLinkAbout1933-02-21BOARD OF APPEALS MEETING �'v 4 FEBRUARY 21, 1933. Joint hearing of the Board of Appeals and the Board of Selectmen was held on the application of William L. Burrill for a permit for a gasoline station and service garage and to install two tanks of 2000 gallon capacity each for gasoline and 1000 gallon tank for range oil on his property at 127 Bedford Street. Mr. Bel dreg, Clerk of the Board of Appeals read the notice of the hearing of the Board of Appeals. The Chairman of the Selectmen read the notice of the hearing of the Board of Selectmen. Mr. Burrill stated that this was a return engagement of the hearing of January 10th, after which hearing he interviewed the Board and was informed that the Board did not have the petition signed by people in the vicinity before it. He requested that the petition filed at the previous hearing be read, and the Chairman read the petition and was requested by Mr. Roy Ferguson to read the names of the persons who signed it. He stated that his purpose was to emphasize the fact that a great many of the people who live on both sides of the station and within close proximity of the proposed station. are without question in favor of the proposition,And he did not think that at the last hearing that fact was emphasized. Mr. Burrill stated that there is no place where a man could run his car in and obtain service for small repairs and that they could if a two -car garage was located in the vicinity. He also stated that he felt that those who signed the petition were not "yes or no men". He called attention to such signers as Robert H. White, Supt. of Streets in the Town for the past thirty years, the Chief of the Fire Dept.,, Edward W. Taylor, and several others who have signed his application. As far as the status of the neighborhood was concerned, he did not see how it could be impaired when across the street they have a coal yard. On the north side there is a brook around which has grown up brush and weeds and on the south side is the public works property. He explained that he knew something about the development of North Lexington because he was instrumental in holding and selling the property which is now the Lexington Manor property, and he felt the development would have been a better development if they had had the right trustee. Mr. Maddison inquired as to what would be done at the proposed station that could not be done at the other station. Mr. Burrill explained that they had this service in the various ends of the Town where a person could drive in under cover and this building would allow them to drive in under cover, while repairs were being done and this they could not do at the station at North Lexington. This building would be set back at least 46 feet from the street, and he felt 1 C 1 that the citizens were entitled to service that they requested. As far as the status of the neighborhood is concerned, they ' have manure unloaded across the street from the proposed station and he felt that if this were allowed, that cettainly-a gasolind station would not impair the status of the neighborhood. He explained at length about his connection with the Board of Health and the handling of manure in the Town, also court decision in regard to the handling of manure. Mr. Maddison read a letter that he received from the Home Finance Co. in which they stated that they had no objection to granting Mr. Burrill a permit. Mr. Burrill stated that the citizens knew that he would not erect anything on his premises that would be objectionable to anybody. He felt, also, that the street would be lighted up better at this point if the filling station were in there and he also called attention to the fact that he had trees on his property than when leaved out, you could not see the houses in the back. . Mr. Emmons stated that he wanted to call attention to the fact that the majority of the citizens in the Manor development wanted service that they could pot get now, and were in favor of the permit. Mr. Abbott stated that then the majority of the citizens in the section wanted the permit granted, he did not see why the permit should be denied. It was stated that the petition represented about 80 or ' 90 per cent of the people in that section. Mr. Jos. A. Kelley called attention to the fact that the number of persons in favor of the petition ran from the rail- road up to the Manor. Mr. Kelley also called attention to the fact that some men would be put to work if this building were erected, and two men would be put to work permanently within the next six months, and if everybody in the Town put two men to work there would be no unemployed. -Mr. Norman Hooper stated that he had known Mr. Burrill since he came to Town and that he has always had the welfare of the Town at heart, and he felt that Mr. Burrill should be given an opportunity to make a sale or rental of his property. He called attention to the service of Mr. Burrill on the Board of Health and that he has tried to help the Town, and he should be compensated. He stated that he was in favor of the permit, as were the majority of citizens in the vicinity and he felt that they should get the service that they could get. Mr. Burrill called attention to his purchase of the land from the Town in connection with the transaction which Mr. Custance, representing the Town, carried out incidental to the layout of the street over the Dix property. Mr. Maddison inquired if they had any idea how many persons would have signed the petition if they thought that ' the Beacon Oil Company or some other Oil Company had asked them to sign it. Mr. Burrill called attention to the fact that he did not believe that the brick building at the Lexington Manor was a suitable place for a filling station and stated that he so felt when the building was being built and expressed his views. He also called attention to the type of development which he encouraged on Bedford and Hancock Streets which is an improvement to this section, and he had no help from anyone in Town except Mr. William H. Ballard. Mr. Maddison .stated at the previous hearing a great deal was said about the two men who would be put to work. Mr. Burrill stated that with him this was a business proposition and he bought the land and wanted to so eomthing with it, and if he could hire these two competent men to run the place he would consider that he was lucky to get theme inasmuch as everybody likes.them. Mr. Emmons stated there he did think the two men were competent and that there was a real loss of service because the present employees are not allowed to give the.service that these men used to give. Minor -'repairs were done for them prior to this time. Mr. Burbidge stated that in regard to the service; he would often want somebody to come to the house and do some minor work on the car, and a station of this kind would give that service. He also felt that a station at this point would tend to slow up traffic which he felt was necessary at a place where a police officer was not kept so that the station might be a benefit to the section. He also felt that it would not be objectionable in the neighborhood. Mr.. E. E. Taylor stated that he failed to. see any objection to the service station there. He owns the property opposite and adjoining the Coal Company and while he did object to a filling station being located at the Smith property, he felt that this was a dangerous corner, but he chid not feel that this location would be dangerous. He also called attention to the fact that he is away a great deal and he felt batisfied that his wife would be able to have the service of the men at this station to start the car or do whatever was.necessary. He understood that the proposed station would be approximately opposite the Coal Company Office and he lived about 175 to 200 feet from the brook. Mr. Eugene Viano opposed the location of the station in this section, speaking for his father, Felix Viano, and felt that the Town had ample filling stations and garages to take care of the needs of the Town. He also called attention to the fact that no one signed the petition except Mr. White who lived on this side of Bedford Street and the railroad track and there are a great many names on the petition that did not abut on the property. He also called attention to the danger of the children and that a station would not add anything to the safety of the road. He also called attention to the fact that the service given by a company owned station is better than that given by privately owned persons. Mr. McCormack stated that he was not in favor of the proposed station inasmuch as there is a station within 600 feet of this property. He stated that from the rear of his house he could see the station and he didnot know of any trees that would hide ib from view of his rear windows and he felt that it would be an eyesore. He also stated that about 90 per cent of the people who signed the petition were residents of Lexington Manor; also that this place would be open into I� u D the late hours of the night and he believed that if it were some Oil Company that they would not get the signatures of these people. Mr. Brigham of Hillside Terrace stated that he lived back of where the station was.proposed, and he came to Lexington with the idea of getting away from gasoline stations and he did not propose to be near any noise. He was unable to come to the previous hearing, but he wished to call attention to the fact that on account of the traffic lights in the center of the Town, traffic is jammed on holidays in this location and he felt that a gasoline station would cause a great deal of congestion and a great deal of noise. He felt that the gaeoline stations in East Lexington and Bedford were eyesores. Mrs. McCormack spoke against the permit being granted. Mr. Burrill stated that Mr. McCormack lives on North Hancock Street opposite Judge Northrup's house. He stated that he did have a lot of trees in back of his property that would hide the station from the view of Mr. Mc0ormack's place. Mr. McCormack stated that he lived about 450 feet from the proposed station and he certainly did not see how the proposed gksoline station would beautify the scenery. The hearing adjourned at nine o'clock. The Board of Appeals then adjourned to the Conference ' Room. .The subject of the petition of William L. Burrill for a gasoline and service station at 127 Bedford Street was considered and a motion made and seconded and it was voted by a majority of the Board that the petition be denied in the following form: The Board of Appeals,' acting under General Laws, Chapter 40, sec. 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 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 published in Lexington, which hearing was held in the Selectmen's Room in the Town Office Building on Tuesday the 21st day of February, 1933, at 8 p'ojock P.M. A majority of the members of the Board of Appeals were present at the hearing, After hearing the evidence offered by the petitions and such other evidence as was offered, the Board in private session at a meeting held February 21, 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 Board of Appeals of Lexington. L, Roland W. Baldrey, Clerk 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 let day of February, 1933 to Harriet W. Smith, Felix Viano, ' Middlesex & Boston R.R., Misticke Co., c/0 John Abbott, Robert H. White, Osborne J. Qorman, Earle R. & Ianthe C. Empey, Lexington Coal Co., Frank W. Dodge, David J. Harrigan, Marjorie M. Dempsey, Cornelia Bierenbroodspot, Dorothy T. Taylor, Lilla P. Brackett, George F. Smith, John J. Brady, Charles H. Dempsey, Standard_ Oil Co. of N. Y.J. Leone M. Northrup, Alexander Parks, Chas. 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, Jos. A. & Beulah D. Parks, Russell I. & Elsie G. Prentiss, Clifford M. & Guth S. Martin, Boston and Lowell R.R. Corp., Benjamin B. Meady and William L. Burrill, and also advertised"in the Lexington Minute -Man, on February 2, 1933, a notice of which -the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. Lexington, Mass. Jan. 24, 1933. 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, 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. Further, it was the opinion of the Board that the best interests of the Town do not require additional gasoline stations in this section. The Board therefore 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 Curlys L. Slocum Roland W. Baldrey Board of Appeals of Lexington. L, Roland W. Baldrey, Clerk 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 let day of February, 1933 to Harriet W. Smith, Felix Viano, ' Middlesex & Boston R.R., Misticke Co., c/0 John Abbott, Robert H. White, Osborne J. Qorman, Earle R. & Ianthe C. Empey, Lexington Coal Co., Frank W. Dodge, David J. Harrigan, Marjorie M. Dempsey, Cornelia Bierenbroodspot, Dorothy T. Taylor, Lilla P. Brackett, George F. Smith, John J. Brady, Charles H. Dempsey, Standard_ Oil Co. of N. Y.J. Leone M. Northrup, Alexander Parks, Chas. 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, Jos. A. & Beulah D. Parks, Russell I. & Elsie G. Prentiss, Clifford M. & Guth S. Martin, Boston and Lowell R.R. Corp., Benjamin B. Meady and William L. Burrill, and also advertised"in the Lexington Minute -Man, on February 2, 1933, a notice of which -the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. Lexington, Mass. Jan. 24, 1933. 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, w to determine 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: I am applying for a permit for a gasoline station and service garage, not to be used for general repairs, and to install two tanks for gasoline of two thousand gallon capacity each, and one thousand gallon tank for range oil on my property located at 127 Bedford Street, North Lexington, Mass. William L. Burrill 127 Bedford Street Lexington, Mass. N O T I C E Lexington Board of Zoning Appeals. January 25, 1933. 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, Town Office Building on Tuesday the 21st day of February, 1933 at 8:00 ' P. M. on the petition of William L. Burrill of Lexington that the Board determine the application of the Lexington Zoning By-law in accordance with the authority therein contained or in accordance with General Laws ChaptQr 40, Section 27A, by permitting the maintenance of a gasoline station with a capacity of four thousand gallons of gasoline, a service garage, not to be used for general repairs, and one thousand gallon tank for range oil at 127 Bedford Street, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The meeting adjourned at10 2ok P.M. A true record, Attest: Clerk. 1