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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. 59 60 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. 1 1