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HomeMy WebLinkAbout1935-08-20 144 BOARD OF APPEALS MEETING ING AUGUST 20, 1935. Joint hearing of the Board of Appeals and the Board of Selectmen was declared open at 8:00 P .M. on the app- lication of Charles E. Bradley, Jr. for permission to erect and maintain a gasoline filling station at the corner of Marrett Road and Waltham Street. Messrs. Maddison, Glynn, Ferguson, Robbins, and Kimball were present. The Secretary was also present. The Chairman of the Selectmen opened the hearing and the Clerk of the Board of Appeals read the notice of the hearing of the Board of Appeals . Mr. Charles E. Bradley, Jr. , applicant for the permit stated that he had the property on this corner under lease with option to buy. He has a considerable investment in the property at the present time and he would like the gasoline station in order to increase the revenue . He stated that the location was in the business zone and he believed that an additional station would not hurt anyone. The station would be situated on the easterly side of the lot on the southerly side of Marrett Road facing on Waltham Street on the lot abutting the roadside stand. The Station would be a fireproof building, 32 ' x 241 , built of cement block and probably would have a stucco finish. There would be an enclosed lubricatorium and three gasoline pumps. The Chairman of the Board of Appeals asked how far back from the street line the pumps would be, and he was advised that they would be fifty feet back from the street, probably more. He then asked if there were any plans of the proposed station and he was advised that there were three sets of plans available but Mr. Bradley had neglected to bring them with him. Mr. George E. Swanson stated that he lived about 300 feet from the proposed building and he had talked with his neighbors, none of whom objected and he saw no objection whatsoever to having a station at this corner and he felt that an additional station, and probably a fourth station, was needed. Mr. Clyde Steeves stated that there were no gasoline stations on the right hand side of Route 128 from the Noburn line to this point. He knew the two young men who were to run the station and he thought that they would run it very efficiently. Mr. Steeves lives on Hill Top Avenue and he had canvassed his street, Kendall Road, and Farm Crest Avenue, and there was nobody in his neighborhood who objected to the granting of the permit . 145 Mr. Marshall Tebbetts stated that he owned a house on Waltham Street near the corner of Marrett Road and he also operated the Mohawk Spa and he thought that another gasoline station would not do any harm and be would like to see a permit c'ranted. Mr. Earle Scribner, one of the men whom Mr. Bradley was going to employ to operate the station, stted that he thought the type of building contemplated would greatly improve the property as a whole. He stated that he had called on most of the property owners in the vicinity and practically all of them were in favor of the station. He has been employed at the Jenney gasoline station on the opposite corner for the past three years . He stated that Mr. Bradley ' s land ran about 200 feet from the corner of Marrett Road to a culvert. The Waltham Street entrance would be about 15 feet from the culvert and the other side of the station would be all open. Mr. Russell Hinckley stated that he was at the hearing to represent his mother who was ill, and that his mother owned property on the northeast corner of Marrett Road and Waltham Street and that she was opposed to the granting of the permit for the reason that she felt that two gasoline stations on a corner were sufficient. He stated that there was a stand already in business across the street from him and could be seen very plainly from his house. He stated that he thought nobody would wait to buy property on a corner which was full of ',asoline stt ions. Mr. W. V. T. Hinckley, husband of Mrs .Hinckley, stated that he had lived here for the past ten years. He would like to see the corner stay as it is at the present time . He did not see why a man such as Mr. Bradley should come from out of Town and get a permit for a gasoline station. The Chairman of the Board of Appeals read a letter from Mr. Henry Saarm of West Medfield, Mass. , who owned a lot within the affected area. Mr. Saarm objected to the granting of the permit. Mr. Gordon S. Bird, a representat ive of the Standard Oil Company, stated that he objected to the statements made previously to the effect that there was enough business on the corner for another gasoline station. He stated that the opening* of the new Concord Turnpike had taken away a great deal of business and his company objected to the granting of the petition. Mr. John McIntyre, a representative of the Sun Oil Co , stated that it was his company' s opinion that there was enough business on the corner for another gasoline station. His company proposed to erect a pure white building and attendants would wear white. His company would not consider going into any location that would not be lucrative to the company nor erect a building th.;t would not be an asset to the com unity. He stated that there were approximately 250,000 gallons of gasoline sold on the corner in the course of a year and he thought the sales would increase in the future . 146 Mr. Scribner stated that in regard to Mr. Hinckley ' s a•0 opposition, he could not see why another building built around the corner and almost in the rear of the present one, should be objectionable to the Hinckley ' s. Mr. Kimball asked if a traffic count had been made and Mr. Scribner stated that there have been five counts made in the last three years and that the traffic on Route #128 exceeded the traffic on Route #2 by far. A count is now being made and the figures will be avail- able this week. He stated that the traffic on Route #128 was heavier now than in the past three years. No other persons wished to speak in favor or in opposition and the hearing was declared closed. The Board in private session, gave consideration to the petition of Charles E. Bradley, Jr., for permission to maintain a gasoline station at the corner of Marrett Road and Waltham Street, and voted to deny the petition in the following form Order. The Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by Charles E. Bradley, Jr., 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 the twentieth day of August, 1935. 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 petitioner tending to show: that he desired to erect a gasoline station at the northwest corner of Marrett Road and Waltham Street, together with a building thirty-two (32) by twenty-four (24) feet; an enclosed lubricatorium, and three gasoline pumps; (the plans showing this layout were not presented at the hearing) , that there are no gasoline stations on the right hand side of Route #128 from the Woburn Line to this point. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that another gasoline station ih addition to the two already on other corners of Marrett Road and Waltham Street would tend to depreciate the value of the residential property in the neighborhood. At the close of the hearing the Board in private session on August 20, 1935, gave consideration to the subject of the petition and voted unanimously in favor 147 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 to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning .dy-law. 4. That the enforcement of the Lexington Zoning By-law as to 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 tc the said findings, the Board hereby denies the said petition of Charles E. Bradley, Jr., for the added reason that the public is amply supplied with present gasoline stations in this vicinity, that there is decidedly less traffic over Marrett Road since the opening of the new Concord Turnpike, and when the proposed plan for th new route #128 is consummated there will be decidedly less traffic on Waltham Street. 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 LEXINGTON (Appointed under G L. Ch. 40, sec 27) Arthur iy . Maddison Charles E. Ferguson E. Edward Glynn Edward W. Kimball Howard W. Robbins I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the thirty -first day of July, 1935, to 148 crq 14 Vincent D. Testa, Chester R. 6' Grace H. Swenson, Mildred T. Gould, Irving T. Gould, Sarah F Dailey, Henry Saarm, Grace R. Stevens, Vere C. Champlin, Eugene B . Hamilton, Tage Frey, Munroe Ames, Sarah Greaves, Neil McIntosh, Edward F. Rogers, John F . & Mary E. McNeil, A. P. Schutze & Co. , Frederick A. Connor, Delia V. Cassidy, Mary A. Santosuosso, Harriet R. Clarke, Elizabeth Timothy, William A. & Minnie L. Coakley, Caroline W. Parsons, Ralph J. & Josephine Young, No. Cambridge Cooperative Bank, Magda K. Moller, W. Leonard & Cora J. Flett, C. Edward Glynn et als, Stanley G. Thwing, Jane Foley, Emily Montgomery, Alice F. Grafe, Mary A Lowe, Lillian J. Granfield (Heirs of) , Emma Scotti, Marion B . Winter, Hugh & Sadie H. McIntosh, Niram Rossman, heirs of, c/o Trust Office, Harriet C. Wright, Lois M. Purling, Nils Nilson, Citizens Finance Corp. of Framingham, Ralph E. & Alice DeLoid, M. Emily Denvir, Timothy L. Keefe, J. Elmer Lowe, Jennie E. Malone, Elizabeth C. Phelps, Frances V. Healey, Ethel A. Wright, Jennie M. Partridge, Thomas & Matilda Davison, Catherine F. Stevens, William F. & Jennie A. Downe, Elizabeth T . Keefe William O'Connor, Evelyn B . Soar, Howard I. & Nellie M. Saunders, David & Sarah Gaddis, Charlotte L. & Helen G. Murphy, Josephine Nunan, Mary J. & Anna E. Marshall, Standard Oil Co. of New York, Inc., Medford Trust Co., in Liquidation, Frederick H. Capper, Grace L. Hinckley, Edgar W & Marion B . Houghton, Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, Susannah Brown, James E. Carroll, Edna J. Arnold, Ella R. Barker, Mary E. Lowe, Marion Cerella, James F. Kelley and Mary T. Hughes, Bernard J. & Veronica Belcastro, Rachela Belcastro, Axel & Henning Swenson, Richard J. Burke, Margaret McDonough, Ruth E. Connor, Clarence A. & Gertrude Crooker, John P. Dailey, John G. Norberg, Regna Vaccarest, Elmano B . Nunes, Lexington Savings Bank, Walberg Swenson, Ainnie M. Ryder, Charles W. Ryder, Robert L. Ryder, Louise J. Carter, Herbert W & Etta C. Torsleff, William D. MacDonald, George C. Whiting, Fritz Wihtol, Thomas G. Whiting, William H. Smith, Alice L. Tebbetts, Bernard Denney et als, Trustees Middlesex Station Trust, Mary & Margaret S Mackenzie, A. F. Baker & Co. , Inc. , Clara Reynolds, John Cerullo, Evarts C. & Marion F. Hall, George E. Swanson, Margaret Newhart, c/c Mr. Charles E. Schofield, Thomas Brown, Martha Ensign, John W. Riley, Annie Katkoff, James Cook, Joseph S. Phelps, Katherine Brown, Alice E. Brown, B .mont Trust Co. , Hattie 1'Y Farrell, Joseph H. Grant, Matilda H Henfeldt, Clara E. Durbeck, Gilbert & Helen I. Etheridge, Anita E. Williams, Norman L. & Edith B. Snowden John F. Reilly, Irving W. & Viola Yelland, Clifford J. & Gwendoiine Baker, Mary A Brennan, George J. & Mable B . Tessier, Mary L. Archibald, Eleanor S. Lowell, Effie L. Briggs, Estelle M. Donaldson, Edwin F. Luce, Caroline R Lane, Walter A. & Mary E Hoyt, Richard R. Lutes, Frederic C. Sidney, Alice L. Ashley, Mary R. Jacobs, Haswell T. & Pearle C Montgomery, Fred L. Lord, Axel M & Ingebcrg N. Swenson, Sigrid W. Kinquist, 149 Charles A & Edith K. Huntington, Richard P. Cromwell, Thomas M & Lena G. hehoe, Charlotte Cogswell, Thomas L. & Blanche M. Taylor, Kittrena G. Weldon, Abbie W. Taylor, Waltham Savings Bank, Lawrence A. & Anna N. Bunt, Timothy O'Donovan, Alfred S. & Jean A Hunt, Ervin R Dix, Eliza H. Syme, Robert H. & Olive E. Eldridge, Joseph H. & Susannah Potter, David A. Rix, Antonio Umbrello Tr ., Fred Bailey, Hallie C. & Lulu M. Blake, Antonio J . Lima, Mary S. Condinho, James & Agnes Lima, Trustees, Olive R. Feria, Augustus J. Silva, Luigi Ferrazzani, Henry A. Horton & Evelyn A. Roberts, Marshall L. Tibbetts, John E. Hurley, John J. Malloy, Jean M. Berry, Lexington Cooperative Bank, Annie Lampron, Lawrence C. Bradshaw, James S . & Marie A. Mowat, Perley H. Osgood, Mae E. Ritchie, C. Raymcnd & Gretchen A. Heed, Paul W. & Thelma F. Mather, Caroline T . Reed, Rosalie M. Pierce, Lillian R. Kearns, Elizabeth P. Kenworthy, Elsie V. R. smith, William & Annette I. Thurston, Lillian F. Watts, Karl D. & Jessie M. Whitmore, Thomas W. Whittle, Florence M Liebing, Edgar W. Gage, Harold A. Conant, Fred A. & Clara A. Bowers, D. Edward & Josephine A. Barrett, Laura M. Strout, Charles Flock, Joseph W. Ahern, Violet M. Remick, George V. & Nora G. Remick, James A. Bailey, Betty N . Lindstrom, Arthur E. & Emma R. Locke, Florence L. Richards, Tho±as J. Doherty, Frances A. Ryan, William D. Laundrie, Harry G. Moore, Elizabeth E & Foster W Higgins, Edward Crouch, Camile J. & Anna 'Tremblay, Gaetano & Berta Irancescel] i, George W. & Helen M. Ewing, Jennett L. Bennett, George A. Givan, Henry Saarm, Mary Marshall , Charles 0. & Nancy E Lytle, Ana M. Gott, Audrea Fucile, Charles & Gerda H. Harold, Lillian R. Caouette, Madeline D.Fowle, Roland H. McClearn, John H. Ward, Evelyne M. Atkinson, Emil A. 'ramstorff Richard P. Jackson, Cecilia S . Tracy, heirs of, Michael J . & Ellen F. Hopkins, Hosanna V. Andrews, Merrill Y. & Elizabeth P. Papen, Douglas D. & Mildred E. Sweetser, Ralph E. & Florence V. Cox, Robert Gozzi, Irene M. Ryan, Warren S . Grant, 'Thomas & Katherine H. Walsh, Jeanette B . Fountain, Marguerite E. Comman, Aubrey & Sadie W. Caldwell, Patrick Malloy, Watertown Coope.00pe ative Bank, Charles J & Margaret F. Martin, Clarence E. & Catherine M. McElman, Edwin Sleeper, Harry W. Pierce, Alice A Nelson, John Perry, Jr. , Harry F. & Carrie B . Beebe, James Fullerton, Karl Cook, Sebastian Triconi, Norman W. & Margie L. Kenneson, Waltham Savings Bank, Michael Dtttngelo, Lawrence J. Raymond, Chester R. Savage, Arlington Coope-ative Bank, Abby Nye Emery, Ethel Whips, Frederick G Jones, Clarence P. Henley, Wilbur E. Rundlett, Mary Rudski, Jan Rudski, Alice H. Nelson, Alexander A. Warner, ula iys M Martin, Elizabeth A. Henderson, Ralph J. Leyoe Walt ,r J. Go d Sarh L. Hatfield, Irving A. & Ethel U. Rich, Lizzie M. Porter & Evelyn P. Brown, Law ende A. & Eleanor T. Husted, Irene S Murphy, Camillo & Elisa Apeollonio, Hilda M. Arvidson, Margaret M. Neal, J. R. Philias Dando& in, Thomas A. Meek, Lillie Kirkbright, Patrick A. Collins, heirs of, Alfred E. Remick, Justina Belick, Anthony E. Smith, Alfred Newham, 150 1.74 Alfred F. S. Mahegan, Max Yaffe, Nellie M. Swett, Alexan- der & Flora B . Wadsworth, Ralph A Rood, Pasquale Palmariello, Homer N . Minard, Isaac A. Larson, John Kelley, John Bullock et al, John F. & Mary McNeil, Clarence H. Sweetser, Annie E. Frazier, Bartholomew J. Lehan, Edward M. Peters, Exor. , Louise E. Johnson, William T . Spencer, Arthur L. & Mary E. Russell, Charles H. Livermore, Farwell E. & Annie L. Thayer, Catherine Ross, Joseph F. & Augusta E. Clark, Chester F. & Helen E. Cotter, Agnes I. White, William H. & Mary E. Devine, Annie McMakin, Mary B . Wall, Mable G. Steeves, Paul B . & Reba E. Cowdrey, Alice T . & Margaret A. Connelly, Frederick S. Walker, Harriet E. Henderson, and also advertised in the Lexington Minute-Man on August 1, 1935, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. July 25, 1935. Lexington Board of Zoning Appeals, Town uffice Building Lexington, Massachusetts Fentlemen The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sectioh 27, to vary the application of section of the Lexington Zoning By-law with respect to the premises at the corner of Marrett Road and Waltham Street owned by Medford Trust Co. of Medford by permitting the following Gasoline Filling Station. Charles E. Bradley, Jr (Sig. Andover, Mass. (Address NOTICE Lexington, Mass. July 31, 1935. 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 now or formerly by the Medford Trust Company of Medford, Mass., and located at the corner of Marrett Road and Waltham Street, Lexington, a gasoline 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 August 20, 1935, at 8 00 P.M. C . Zdward Glynn, Acting Chairman, Board of Appeals 151 The Board considered the application of Roy C. Peterson for permission to maintain a roadside stand for the purpose of selling vegetables and poultry raised on the premises at 27 Blossom Street, and voted to deny the petition in the following form ORDER. The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Roy C. Peterson, 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 recentlocal 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 the 17th day of May, 1935. One associate member and four 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 petitioner tending to show: That Eric C. Peterson owned a large lot of land fronting on Blossom Street and on the Concord Turnpike extending on the latter road some 1600 feet; and that the petitioner desired to construct a building about 30' by 15 ' and sell products of this land from same. No persons appe .red in opposition. At the close of the hearing the Board in private session on August 20, 1935, 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 to impair the status of the neighborhood 3 That the exception requested will not be in harmoby with 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 to 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. 152 Ce, Pursuant to the said findings, the Board hereby denies the said petition of Roy C. Peterson for the follow- ing additional reasons That the Board considers that it would be unwise to grant such a petition until a mere definite procedure regarding roadside stands and other business is determined upon, which procedure is now being considered by the Planning Board, together with the Board of Selectmen for presentation to the Town Meeting members. 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 LEXINGTON (Appointed under G .L. Ch. 40, Sec. 27) Arthur N. Maddison Charles E. Ferguson C. Edward Glynn Edward W. Kimball Howard W. Robbins. I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 3rd day of May, 1935, to Jeanette M. Lawrence, Gustaf Nottebeart, Lillian M. Grasby, Harold P. Symons, Ambrose A. Ballou, Ethel L. & John F. Daly, William & Ruth R. Greer, Robert L. Goinsalvos, Laura T. Mills, Mary A. Mitchell, Jeremiah Shea, Hilda M. Harris, Elizabeth Dunn, Arthur C & Isabelle Salisbury, Emilia Ferreira, Warren B . Lawrence, Gabriel D. & Maria Paiva, John A. & Hazel L. Sellars, Tekla Berlin, Louis J. Reynolds, Emily M. Leonard, Antonio J. Lima, Mabelle S. Thompson, Mary A. Wry, Frank L. T. & Lwther 0. Car/man, William J. & Mary A. Armstrong, Arma E. Bedell and Ella Rollins, William B . and Mabel M. Peterson, Eric S. and Agnes D. Peterson, Walter M. and Anna M. Pease, Mary A. Tambini, Henning W. and Azel M. Swenson, Harda Rowe, Curlys L. Slocum, Jr. , c}rl s L. S cieC hoy Lu ! ,./, aOr hinsonries%. iandFmme S. kran €re, dames . . artlett, Carrie Peterson, Roy C. Peterson, and also advertised in the Lexington Minute-Man on May 2nd, 1935, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. 153 April 23, 1935. 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, Sectio 27, to vary the application of Section 9F of the Lexington Zoning By-law with respect to the premises at No. 27 Blossom Street owned by Eric S. Peterson of Lexington, by permitting the following Erection of a roadside stand for sale of vegetables and poultry raised on land of Eric S. Peterson, Blossom Street . Roy C. Peterson Signature) 27 Blossom Street Address) Lexington, Mass. NOTICE. Lexington, Mass. April 30th, 1935. 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 by Eric S. Peterson and located on 27 Blossom Street, Lexington, the erection of a roadside stand for sale of vegetables and poultry raised on the premises, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments . The hearing will be held in the Selectmen's Room, Town Office Building,. Lexington, on May 17th, 1935, at 8 30 P.M. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting of June 28th7ere read and approved. The meeting then adjcurned. A true record, Attest: Clerk.