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HomeMy WebLinkAbout1938-03-25 111 BOARD OF APPEALS MEETING March 25, 1938 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8=.00 _. M. Chairman Maddison, Messrs. Ferguson, Kimball, Glynn, and Associate "Member Errol H. Locke were present. The Secretary was also present. The Chai-man said that he had been informed by the Selectmen that Mr. C. Eduard Glynn had been reappointed for a term of five years, and that Messrs . Errol H. Locke and William H. Driscoll had been appointed Associate ;embers for a period of one year. He stated that the Board should organize. Mr. Kimball moved that Yr. Arthur N . Maddison be elected Chairman for t.ie ensuing year. Mr. Glynn seconded the motion, and it was so voted. Mr. Glynn moved that Mr. Howard W. Robbins be elected Clerk for the ensuing year. Mr. Ferguson seconded the motion, and it was so voted. The records of the meeting held on March 11, 1938 were declared approved. In the absence of Mr. Robbins, Lr. Kimball was elected Clerk Pro-tem. The Chairman declared the hearing open upon the application of Countryside,Count side Inc. for Permission to maintain a lubritorium at 400 Lowell Street, Lexington. The notice of the hearing was read by the Clerk Pro-tem. Mr. Irving Currier, Mr. Howard Munroe, and Mr. and Mrs. Albert E. Olsen were present at the hearing. Mr. Currier informed the Board that he represented the peti- tioner, and hE presented a sketch of the proposed building in which he intended tc place the lubritorium. He stated that they intended to tear down the old building and erect a new one, and said that there was no lubritorium in the present building. The Cha_rman asked him what the dimensions of the building would be, and he replied that it would be 18' high, and the lub- ritorium room would be 14' x 21' , and the building over all would be 21' x 38' . Mr. Ferguson asked if he was going to move the gasoline pumps and tanks . Currier replied that he intended to relocate the pumps, but did not know whether or not it would be necessary to move the tanks . 11.12 arz The Chairman remarked that the application was merely for the lubritorium, but what he really wanted was to move his gasoline station, as well as the lubritorium, and Currier said that that was correct. Mr. Glynn asked if Mr. Currier operated the present station and he replied in 'the affirmative. Mr. Glynn asked if he owned the swings and amusements there, and Currier said that he did own them, but had sold them and they had all been removed from the premises. Mr. Glynn asked if he intended to have anything like that now, and he replied in the negative. Mr. Glynn asked if the clam house was coming down, and he replied in the affirmative. Mr. Glynn asked whose name the property was in, and Mr. Munroe said that it was in his name. No one else wished to be recorded in favor of the granting of the petition. No one appeared in opposition to the granting of the permit . The hearing was declared closed at 8:20 P. M. At 8:20 P. M. hearing was declared open upon the applica- tion of the Jenney Manufacturing Company for permission to maintain a lubritorium at 319 Marrett Road (at the corner of Waltham 5t. ) . The notice of the hearing was read by the Clerk Pro-tem. Mr. Melvin Y. Page, representing the Jnnney Mfg. Co., appeared at the hearing, together with the operator of the station and two of the neighbors . Mr. Page said that his company desired to improve the property by covering in its present greasing facilities. He said that they wished to build an addition to put the pit under cover, and they thought it would be an improvement to the property in general. The Chairman asked if he had any plans, and he replied in the negative. The Chairman informed him that the Board could not pass on the petition until it saw what the company planned to do. Page said that the plans were not ready as yet. The Chairman explained what the Board wanted in the way of plans, and informed the man that the procedure was the same as in an application for permission to maintain a gasoline station. Mr. Glynn asked if the plans would be ready in two weeks, and Page replied in the affirmative. The Chairman said that if the company desired to present some plans, etc. , the matter would be taken up in two weeks; that is, April 8th. Page agreed to have the plans at that time, and they all retired. IJr. Kimball moved that the Countryside, Inc. petition be granted in the following form: 113 BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Countryside, Inc., 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 25th day of March, 1938. One Associate 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 it is the owner of the present gasoline station lo- cated at the corner of Woburn and Lowell Streets; that the petitioner is also the owner of the restaurant adjoining the gasoline station on Woburn Street and is desirous of constructing a new gasoline station containing a lubritor5.um at 400 Lowell Street, as shown on plan submitted; that after the new building is completed they will remove the present building; and that the proposed building would be about 18' high to the peak of the roof, and the lubritorium room 14' x 21' ; the building over all would be 21' x 381 , and would be constructed of water-struck brick. At the close of the hearing the Board in private session on March 25, 1938 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 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 exception requested will be in harmony with the general purposes and intent of the regulations in the Lex- ington 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 Lexington Zoning By-law. 114 Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lexington Zoning Bylaw is hereby varied so far as may be necessary to permit Countryside, Inc. to maintain a building to be used as a gasoline station and lubritorium on the premises as shown on Blue Print of Plan by Donald A. Fowler, revised October 15, 1937, the lot being numbered 400 Lowell Street, subject to the following conditions : 1. That the present building used in part as a gasoline station and pumps shall be removed on the completion of the new structure, 2. That the pumps to be used for gasoline located nearest Lowell Street shall be set back at least twenty feet from the street line; 3. That no signs shall be placed on the property except with the approval of the Building Inspector of Lexington; 4. That the premises shall be kept in a neat condition and in good repair at all times; 5. That no so-called flood lights shall be used on the premises which will be annoying to the residents of the neighborhood; 6. That there shall be no storage of supplies or containers outside the building; 7. That the new building shall be completed within one year from the date of this permit. , 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 hereinbe- fore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record innediately 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. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch. 40, Sec. 27) A. N. IIaddison C . Edward Glynn Edward id. Kimball Errol H. Locke Charles E. Ferguson I, Edward W. Kimball, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 1st day of March, 1938, to Matilda I . and Leslie C. ti'+heeler, Sarah C . VanDeusen, Albert E. & Marion C . Olsen, H. Irving and Helen G. Currier, Charles H. & Jennie 115 Currier, Chester A. Fogg, Peter and Martin Semonian, Elmina &. Howard Y. Munroe, Leonard K. Dunham, Alexander & Robert Porter, Catherine Dunham, Robert A. £c Elizabeth Porter, Harvey C . Nheeler, Edward J. Casey, and Countryside, Inc., and also advertised in the Lexington Minute-Man on March 3rd, 1928, a notice of which the following is a true copy. Edward W. Kimball Clerk Pro-tem, Board of Appeals. February 28, 1938 Lexington hoard 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 vary the application of section 9A of the Lexington Zoning By-law with respect to the premises at No. 400 Lowell II Street owned by Countryside, Inc., of Lexington, by permitting the following: Maintenance of a lubritorium. Countryside, Inc. H. I. Currier Signature 400 Lowell StreLt-Address N 0 T I L E Lexington, Mass. March 1st, 1938. 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 Countryside, Inc. and located at 400 Lowell Street, Lexington, the maintenance of a lubrito- rium under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on March 25th, 1938, at 8:00 P. Iv.. in the Selectmen' s Room, Town Office Building, Lexington, Mass . Arthur N. LIaddison, Chairman, Board of Appeals. 116 cn DI Mr. Ferguson seconded the motion, and it was so voted. ' The meeting adjourned at 9:00 P. M. A true record, Attest: Y , `V ql,NitL Clerk Pro-tem.