Loading...
HomeMy WebLinkAbout1934-10-30 so cn Plz BOAhD OF APPEALS MEETING OCTOBER 30, 1934. A meeting of the Board of Selectmen and Board of Appeals was held jointly at the Selectmen' s Room, Town Office Building, on Tuesday, October 30, 1934, at 8 00 P. M: Messrs. Trask, Gilcreast, Ferguson, O'Connell and Lyons of the Board .of Selectmen were present and Messrs. Maddison, Glynn, Robbins and Hatch of the Board of Appeals were present. Mr. Ferguson appeared as a member of both Boards. The Secretary was also present. Hearing was declared open on the application of John L. Pichette, Maurice P. Ahern and Bertha V. Pichette of 48 Broadway, Arlington, for permission to locate a super service station to be erected and maintained at 847-855-865 Mass. Avenue and to keep, store and sell petroleum products in the capacity of 3000 gallcns with tanks. The hearing was a joint session. The Chairman of the Board of Selectmen called the meeting to order and the Clerk of tne Board of Appeals, Howard V . Robbins, read the notice of the Board of Appeals as advertised in the Lexington Minute-Man. Mr. Maurice P. Ahern and John L. Pichette were present and Mr. Ahern stated that for a numberof years past they had a permit to operate a repair shop and about three and a half years ago they applied for a permit to erect a building to sell gasoline on the premises and at that time had a ninety foot frontage on Mass. Avenue, and the permit was granted with a two year time clause. Because of the conditions they did not take advantage of the permit and he realized that they had no rights under the permit at the present time. However, they were coming tonight because while they only had ninety feet up to that time, they now have rights in an additional 60 feet up to the corner of Curve Street. He stated that Mr. Field has operated the repair shop and that it was common knowledge because of the smallness of the building that he cannot test brakes or lights on automobiles He has no greasing lift for automobiles and they feel that they are entitled to do more and they know that he is capable of doing it if he had a place to which the people of the town and his friends could come to.: he called attention to the fact that when they built the stores on Mass . Avenue near the corner of Independence Avenue they went before the Manning Board and they volun- tarily agreed to set the stores back ten feet allowing for the widening of Independence Avenue at a future date and to deed the land to the Town for the widening. At that time, the Board thought it was not necessary and they would also now be glad to cooperate with the town to give land at the 111 corner of Curve Street. Mr. Pichette stated that they had an option on the 81 property at the corner of Curve Street and thi,3 was the same pro erty where application for a filling station had been made a while ago. Mr Maddison called attention to the fact that as he remembered it, the permit granted previously to Pichette and Ahern gave permission to sell gasoline in a restricted form, and Mr. Ahern agreed that this was the manner in which the permit was given, that it was not a public filling station. Mr. Pichette presented a prospectus of the building and stated that the two houses now on the land would be removed by being torn down. The lots on which the proposed station would be erected are 150 feet deep, the corner lot has 66 feet frontage. One part of the building proposed to be erected would be set back about 41 feet and the rest 66 feet from the street. Mr Pichette also presented a blue print of the layout of the property and stated that he intended to keep the ownership of the property and that Arthur Field would operate the garage. Mr. Arthur Field and his wife were also present and Mr. Field stated that he intended to carry on the same work that he is now doing and would then be able to do brake and light work. The Chairman inquired of Mr. Field how many cars went in and out of his garage at the present time a day, and he stated that the cars use the driveway probably forty to fifty times a day No persons appeared in opposition. They desired to have three gasoline pumps which would be located twenty feet from the street line in accordance with the Zoning Law. Mr. Pichette explained that at the present time he did not intend to build all of the ninety feet of the building as shown in the prospectus. No persons appeared to object. the hearing was taken under advisement and the Board of Appeals adjourned to discuss the matter It was then voted that the application 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 John L. & Bertha V. Pichette and Maurice P. Ahern, 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 Minutd-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on October 30, 1934. All of the members of the Board of Appeals were present at the hearing A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioners tending to show that they intend to tear down two houses and the old garage now on the lots #847-865 Mass. Avenue and erect a super service station 85! consisting of a garage, oiling and greasing building and gasoline and oil station and exhibited plans showing the proposed buildings and pumps. The petitioner also offered to deed to the town a strip of land fronting on Curve Street should it be desired later to widen Curve Street. No evidence was offered on behalf of citizens opposing the granting of the said petition. At the close of the hearing the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend tc impair the status of the neighborhood. 3. That the exception requested will not be in harmony w.itn the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington zoning By-law as t the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent And purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of John L. & Bertha V. Pichette and Maurice P. Ahern because a gasoline station in this location is not necessary for public convenience and the location is not suitable for a filling station particularly with respect to being at the junction of Mass. Ave. and Curve Street and directly opposite the entrance to Independence Ave. and being the last lot in a business zone immediately adjacent to a residential zone. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXIN TON (Appointed under G .L. Ch. 40, Sec 27.) Arthur N Maddison Charles E. Ferguson George C. Hatch, Jr. C. Edward Glynn Howard W. Robbins. 83 I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section II27, hereby certify that I sent by postage certificate of mailing on the 15th day of October, 1934, to Elvin E. Baker, William E & Emily Brown, Fanny P. Crown, William F. irletcher, Harry & Bertha G. Hanson, Bartlett J. Harrington, Daniel T . Kenney, Sarah B. Kew, Edward V . McNamara, Henry F. Peabody, George A. Parks, John Yanuskis, Abbie L. Wellington, Edgar W. Harrod, Lizzie E. Lowell, Leona 0. Truesdell, Elizabeth A. Towne, Mary E. Barnes, Lyman C. & Christine A. Stewart, Standard Oil Co. of N. Y. , Inc. , Michael Interante, Annie B. Fraser, Alexander Quinn, Sarah Gibson, Roland N . & Margaret S . hayes, Irving P. Locke, John W. & Annie S. McLearn, Michael E. McCarron, Edward W. & Esther S. Baker, Florence M. Daniels, Charles H. Lowe, John M. & Bridget M. Cotter, Aleah E Canessa, Esther B. Lee, Richard E & Jessie W Truesdell, Gertrude Pierce, et al, Evelyn G . Broughall, Katherine A. Russell, ,Morse L. Walker, Anna L. O'Hearn, George Sweetland, John L. ind Bertha V. Pichette and Maurice P. Ahern, and also advertised in the Lexington Minute-Man on October 11th., 1934, a notice of which the following is a true copy. Howard W Robbins, Clerk, Board of Ap eals. October 10, 1934. 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 9 of the Lexington Zoning By-law with respect to the premises at No.847-855-865 Mass. Avenue owned by John L. Pichette, Maurice P. Ahern and Bertha V. Pichette of Arlington, Mass. by permitting the following: To erect a super service station at ry- 855-865 Mass. Avenue, Lexington, to keep, store and sell petroleum products and volatile inflammable li4uids with three one thousand gallon tanks with pumps. Also to use as a public filling station. John L. Pichette Maurice P. Ahern Bertha V. Pichette 48 Broadway Arlington. 8� NOTICE Lexington, Mass. October 9, 1934. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned or leased by Bertha V and John L. Pichette and Maurice P. Ahern of Arlington and located at 847 to 865 Massachusetts Avenue, Lexington, a super service station for the keeping, storing and sale of petroleum products and volatile inflammable liquids in the capacity of three thousand gallons with pumps, same to be used as a public filling station, under the Lexington Zoning Law or in accordance With Chapter 40, Section 27A of the General Laws and amendments. the hearing will be held at the Selectmen' s Room, Town Office Building on October 30, 1934 at 8:00 P.M. Arthur N. Maddison, Chairman, Board of Appeals. A true record, Attest: Clerk. 1