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HomeMy WebLinkAbout1937-02-05262 Board of Appeals Meeting , February 53, 1937. A meeting of the Board of Appeals was held in the Select- menrs Room, Town Office Building, at 8:00 P. M. Chairman Maddison, Messrs. Ferguson, Glynn and Kimball were present. The Secretary was also present. In the absence of Mr. Robbins, Mr. Kimball ,was appointed Clerk Pro-tem. At 8:00 61,clock P. M. hearing was declared open on the application of Eric S. and Agnes T. Peterson, t. by e., for a permit to construct and maintain a gasoline gervice station at 27 Blossom Street, Lexington. Notice of the hearing was read by the Clerk Pro -tem. Bir. Roy Peterson appeared in favor of the petition. He presented a copy of a State plan of the new Concord Turnpike showing his lot. He said that the lot was 200 feet long and 100 feet deep. He said that he talked with the State Engineers and he was going to be able to do grading and put in driveways fifty feet wide. His plan is to put A signpost on his line inside of the thirty foot grass plot. The pumps are to be set back about-foUrtaen or -fifteen feet and"' -the "build 'n& is., -to T467 ;set_ about sixty Feet from the edge of the travelled way. He. said that if he was to put the building back arW farther, it would look out of place. lir. Peterson asked if there was any other situation just like this in Lexington where the State had 30 feet between the travelled way.and private property. Mr. Glynn said that any structure that he erected would have to be set back at least twenty feet from.the State line as the State might widen the road at any time. Mr: Peterson presented a sketch of the building to be erected and also presented a sketch of a Socony station and he said that he had chosen the building he was showing because the Standard Oil Co. considered it the most practical. He said that the chimney Mould come up through the roof. Air. H. M. Rowe of 69 Blossom street appeared at the hear - The Chairman asked him if he would rather have a block of stores or a gasoline station at the location in question, and he aaldC that he did not know. He said that he had no objection to the erection of the filling station as most of the stations built now were very good looking. Mr. Glynn asked the size of the lot on which Mr. Peterson proposes to build, and he said that it was 200 feet by 100 feet. Mr. Glynn asked Mr. Peterson if he was prepared to make any kind of an agreement with the Town that he would not use the plot for any other purpose allowed by a C.1 zone excepting for a gasoline filling station, and he said that he was and that all ' he wanted to use the land for was a gasoline station. He said that he was going to run it himself on a dealer basis. Mr. Peterson said that he c presented the plans in the form in 263 which they now are because he did not want to employ an archi- tect and pay his fee as the Standard Oil Co. would have the plans drawn for him if he was granted a pormit. Mr. Ferguson asked Mr.. Peterson if he was going to have flood lights and he replied that he was going to have three x-ray lights, one in the center and one on each side of the lot. He said that the signpost in front would carry the flood light. Mr. Peterson asked if h.e,uould srect a sign post within the 20 foot set -back from the exterior line of the street. The Chairman asked what kind of a sign Peterson was going to erect. He said the sign would carry the name of the gasoline and would be set on a.cedar'post and would have fancy iron work. It would be about 5 ft. by 3 ft. Mr. Peterson said he did not think it was right to be obliged to set the sign back twenty feetfrom the State line. No other persons appeared in opposition and the hearing was declared closed at 8:25 P.M. It was the sehtiment of the Board that Mr. Peterson be granted the permit subject to certain conditions. Mr. Peter- son had stated that he would not object to not allowing anything but'a gasoline station and as soon as an agreement is prepared it will be sent to him. The Chairman stated that Mr. Robbins wished to be recorded in favor of the granting of the petition. ' It was voted to grant the petition of Daniel J. O'Connell for a permit to maintain a gasoline filling station at the junction of Fletcher'Avenue and Woburn Street, 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 Daniel J. O'Connell, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the peti- tioner 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 13th day of October, 1936. One Associate and three 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 operate a gasoline filling station on the triangular lot bounded by Woburn Street, Fletcher Avenue and the Boston and Maine Railroad in Lexington; that he had owned the lot in question for som e time and that the town had recently placed this lot in a C.l ' zone and he desired to obtain income from the investment and felt that this business would enable him to obtain same. Opposition was offered to the granting of the permit on the grounds that there are already sufficient gasoline pilling stations to accommodate the public and that a filling station 264 would be detrimental to the protery in the neighborhood. At a meeting held on February 5, 1937, at which were present Messrs. Maddison, Glynn and Ferguson, it was voted to grant the permit in the following form, Mr. Lyona and Mr. Robbins asking to be recorded in favor: 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception re- quested. 2. That the exception requested will not tend to impair the status of the neighborhood. 3. That the excep`ion requested will be in harmony with the general purposes and intent of the regulations In.the Lexington Zoning By -Law. 4. That owing.to conditions especially affecting the said parcel but not affecting generally the Zoning district in which. it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Ledington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decidds that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Daniel J. O'Connell to construct and operate a gasoline filling station on the triangular part of the lot bounded by Fletcher Avenue and Woburn Strett as shown on Lot B on plan of land in Lexington be- longing to Daniel J. O'Connell made by F. U. .Montague, C. E., dated September 15, 1932, subject to the following conditionskv 1. No gasoline pumps, signs or other structures shall be located within twenty feet of any street line 2. That the premises are to be kept in a:neat and clean condition at all times.' 3. That no second hand automobile parts or accessories are be kept ori stored outside of the building. 4. That no lighting system is to be used that will be a nuisance to the neighborhood. 5. Any signs are to be reasonable in size. 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 sk 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. 1 to 1 265 BOARD OF APPEALS Of LEXINGTON ' (Appointed under G. L. Ch. 40, Sec.27) A. N. Maddison C. Edward Glynn Charles E. Ferguson Howard W. Robbins John T. Lyons I Howard W. Robbins Clerk of the Board of Appeals of -Lexing- ton appointed under General Laws, Chapter 40, Section 27, here- by certify that I sent by postage certificate of mailing on the 29th day of September, 1936, to Daniel'. J. OTConnell, Patrick McLaughlin, Georgietta Locke, James J. and Lucy Walsh, Timothy J. and Bridget Leary, First Baptist Church, Everett H. and Virginia L. Leavitt, Edgar F. Thivierge, Heirs of Bernard Baker, Warren E Russell, Dr. Willai;g L. Barnes, Philip Leaf, Ivar Ivarson, Willaim Hunt et al, Carmelo Galvagno, Mr. and Mrs. Stephen Donnellan, Sebastian Colentropo, Dennis H. Collins, Elizabeth Ahern, Cornelius Lyons, Margaret and Mary McCann, Anna , Sanders, Elizabeth A. Silva, Heirs of Julia Wallin, Catherine Vaughan; Annie M.. Sullivan, Joseph Brown, Mary E. Reardon, Delia Mulvey, Elizabeth McDonnell, Margaret E. Welch, Vendal and Mary Lichtenberg,,Benjamin Pearce.and Arthur Kendall, Mabel V. Thomp- son, heirs of, Etta L. Whiting, John L. Murray, Alex and Dorothy Parks, Mrs. Rose Ryan, Leora A. Burke, Beula M. Butters, J. A. Moulton, Morris McKay, Helen M. Dalrymple, Mary M. Heath, Mark f Dodd,.Mrs. J: P. Morse, Emma L. and Robert H. Hovey, Annie McClure, Justus P. Morse, George C. McKay, Sarah E. Comley, Christy Halles, Walter Pierce et al, Daniel Bailey,Catherinp and Katherine Vaughan, James C. Manley, Anna J. Manley, Heirs of Nora E. Drury, Ahern and Pichette, Olive -C. Myers, Mary C. Kelly, John E..McDonough, Manuel Moniz, Andrew Pewtherer, Frank Picciani, Thomas Quinlan, Charles J. and Mary C. Ray, Peter and Martin Semonian, Leslie J. Spencer, John F. Tobin et al, Nora E. Vaughan, Mrs. Margaret Gaffney, Mrs. Mary O'Connell, John F. and Mary F. Dowd, Alice M. Hurlbutt, Mrs. A nni.e E. Harrington, Oscur E. and Elizabeth Sette, Frederick H. and Dora L. Galloupe, William:'I. and Grace P. Brown, Arthur N. and,Minnie Maddison, Mrs. Carrie A. Norris, Ada H. Rowse, Mrs. -Lora B. Worthen, Fred W. and Lucy A. Miller, Susan A. Tracey, Norbert M. English et al, William and Alice S. Craw- ford, Beatrice B. Burgess, and Boston and Lowell R.R. Corp. and also advertised in the Lexington 11inute-Man on September 24th, .1936, a notice of which ilie following is a true copy. Howard W. Robbins Clerk, Board of Appeals 266 September 22, 1936. Lexington Board of Zoning Appeals, Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to determine the application of Section 6-C of the Lexington Zoning By -Law with respect to the premises at Fletcher Avenue, Woburn Street and the Boston and Maine Railroad, being triangular lot, owned by Daniel 0â–ºConnell of Lexington, by permitting the following:- To maintain a gasoline filling station for the storage and sale of gasoline and other oils. NOTICE Daniel J. OlConnell (Signature) 1536 Mass. Ave.,.Lex. (Address) September 23, 1936. Lexington, Mass. , 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 Daniel J. OIC onnell, and located at Fletcher Avenue, Woburn Street and the Boston and Maine Railroad, Lexington, a triangular lot, 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 October 13, 1936, at 8:15 o'clock P.M. Arthur N. Maddison, Chairman, Board of Appeals. The record of the meeting held on January 22, 1937 was approved. The meeting adjourned at 9:15 P.M. A true record, Attest: X 1