HomeMy WebLinkAbout1934-08-21"C7
BOARD OF APPEALS MEETING
AUGUST 21, 1934. ,
The Board of APPeals held a joint hearing with the
Board of Selectmen at the Selectmen's Room, Town Office
Building, at 8 P.M. Messrs. R6bbins,,Ferguson and Hatch
were present.
Hearing was declared open on the application of Mary S.
Valentine for permission to erect a filling station at
1698 Mass. Avenue. The Chairman of the Selectmen opened
the Selectmen's hearing, and the Clerk of the Board of
Appeals, Howard W. Robbins, read the notice of the Board of
Appeals hearing.
Jahn S. Valentine appeared representing the petitioner,
Mary S. Valentine. He stated that the property owned by her
runs through from Mass. Avenue to Vine Brook Road, and is
365.5 deep. That part bordering on Mass. Avenue and for
100 feet back is zoned and taxes,assessed as business
property and the part bordering on Vine Brook Road is zoned
and taxed as residential property. They planned to dispose
of the business property on Mass. Avenue for a gas and oil
filling station, tear down all the buildings at present on
the property, and build and live on the Vine Brook Road ,
frontage in a residential district. He stated that they
were not asking for any change in the existing zoning laws,
but only for a permit to build, and that they hope and
intend to make their residence on Vine Brook Road.- He
stated that they felt it would not impair the neighborhood,
as they themselves intended to build there. He felt that
the house now located there was badly run down.and the
vacant lots on Vine Brook Road were overgrown and -pretty
much of an eyesore and that by granting the permit, it would
not only relieve -them of the tax burden but also would
Improve the vicinity. He stated that if they did sell the
Mass. Avenue property t1jere would be restrictions in the
deed to protect -the residents in that vicinity from any,
nuisance due to lights, unpleasant dumps or odors. The
building to :be erected for the filling station would be of
the Colonial type, and competitive conditions in the gas
and oil business would be a guarantee that it would be kept
clean and neat. Mr. Valentine felt that that was the only
business that could be put in there as there are already
sufficient stores in the, town, and he called mention to
the fact that the granting of the permit would insure
immediate building construction work and provide work for same
of the unemployed. In summing up the request, Mr. Valentine
stated that if the permit were granted, it would assure
immediate and permanent benefit to a good residential ,
district, a clean useful spot in the centre -of the town,
work for some of the townspeople°and additional permanent
taxable values for the town.
Mr. Valentine then presented a petition signed by all
' the abuttors but one and by other residents in the vicinity
stating that they approved the application and requesting
that the petition be granted.
Mrs. Seldon M. Loring, daughter of the petitioner, also
appeared in favor of the application and stated that her family
had lived in Lexington for a great many years and would not
want to deface the street in any way, but she felt that the
town must progress with the times and that this was the only
business that could be established on this valuable piece of
business property and she did not see why there should be any
objection to it.
Mr: Eugene J. Viano appeared representing Felix Viano, his
father, and the Colonial Garage Inc., which is adjacent to the
Valentine property, in opposition to the petition. He stated
- that they had -a terrific investment there for a small town
and property used for practically the same purpose adjacent to
them would of course be very harmful. Their property was
assessed for $77,500. They employ sixteen people who make
their livelihood from this business and their jobs and livelihood
would be seriously endangered by the granting of this petition.
Their property would decrease in value and he felt that the
Town would not profit in any way. he felt that the Valentine
property would be sold to a large concern who could afford to
operate this station at a loss if necessary, and that the
ValentH3!e's would only improve their own position temporarily.
' For the sake of comparison, he drove around the surrounding
towna and he did not see one instance of two stations adjacent
to each other. He felt that the granting of this permit
would destroy his business and property value and he stated
that it would not be fair competition inasmuch as the Code did
not require that gasoline prices be the same. The only
restriction is that they must sell at their posted price.
Mr. Edward Loren Fenn was present and desired to speak
as a citizen of the Town. He stated that he had noticed that
property for a number of years and felt it was in a good
business location. He did not see how allowing another gas
station. -there would hurt Mr..Viano's business greatly inasmuch
as most people buy the same kind of gasoline consistently any-
how and he felt that the competition would not be too great to
hurt.the existing business.
Mrs.- Florence L. Nickerson of 15 Vine Brook Road stated
that she wished to object inasmuch as she did not think that
she would be able to live there if the permit were granted on
account of the lights. She has been going to complain about
the lights from the Viano garage, but has not done so, and she
did not see how she could tolerate another gasoline station.
Mr. Matthew Stevenson stated that he owned a piece of
property adjacent to the Valentine property and that if
Mr. Valentine does as he says he Is going to, he would be
' very much in favor of it and would be willing to build a house
on his property on Vine Brook Road also.
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Mr. Valentine stated that inasmuch as this was a public '
record, he felt that he could not afford to go on record
as saying he would do something that he did not definitely
mean to do. He intended to live on Vine Brook Road and he
certainly would want to protect his own interests as far
as lights were concerned, being the nearest abuttor.
Mr. Robbins asked him whether or not it was his
intention to sell the property, and Mr. Valentine stated
that it was as he wanted then to build on Vine Brook Road.
The hearing adjourned at 8:20 P.M. and the matter taken
under consideration by the Board.
AL true record, Attest:
Cl rk.
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