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HomeMy WebLinkAbout1939-11-20 66 BOARD OF APPEALS MEETING November 20, 1939 . At 8:00 P.M. joint hearing before the Board of Selectmen and the Board of Appeals upon the application of M.J. Aruda of 329 Mass. Avenue for permission to Increase the capacity of underground tanks for the storage of fuel oil from 5,000 to 30,000 gallons, was declared open. Messrs. Glynn and Ferguson and Associate Members Bowker and Locke of the Board of Appeals were present. The notice of the hearing before the Board of Appeals was read by Clerk Pro- tem Bowker and the notine of the hearing before the Board of Selectmen was read by Chairman Giroux. About fourteen owners of property in the neighborhood were present at the hearing and the Building Inspector was also present. Mr. Aruda, the petitioner, was not present so there were no persons present in favor of granting the petition. Mr. J.J. Milfin said that he was an attorney and rep- resented Mr. Howard S. Clow who owns the property at 373 Mass. Avenue. Mr. Clow requested Mr. Milfin to voice his objection because he thought the value of his property would be deprec- iated. Mr. Milfin said that the tax rate in Lexington had in- creased 3.00 since 1936 while property values had decreased. Mr. Milfin said the people in the neighborhood have a problem now on account of the number of gasoline stations and they will have an increased problem on account of a fuel oil station. He thought an increase in capacity to 30,000 gallons would effect a change in the insurance rates. He requested that the petition be denied. Mr. Thomas P. Killion said he owned some land across the street from Aruda's station and he felt that the granting of this petition would tend to depreciate the value of his lots. He thought it was foolish to even consider putting in tanks of such a large capacity right on Mass. Avenue . Mr. Theodore Sheff O s of 14 Lisbeth Street said he ob- jected to the granting of the petition because he felt it would tend to increase the insurance rates and decrease the value of his property. Mr. Herbert Waudleton of 48 Brandon Street said he thought there were plenty of gas and oil stations there now. There is a vacant lot in front bf the East Lexington railroad station, and if this is granted, he saw no reason why someone else would not want to put in fuel oil tanks there. He said he expected to build in the rear of his present lot some day and felt that the value of that lot would be depreciated if this petition was granted. Mr. George F. Mellick of 282 Mass. Avenue felt that this would depreciate the value of his property. He also thought that fuel trucks would be coming in there loading with oil all hours of the night and would create a traffic hazzard. The Building Inspector said that Aruda now only had a small tank which would contain about 250 gallons. 67 Mr. Aruda then appeared at the hearing. He said that if he was allowed to put the tanks in, there would be no trucks loading after six P.M. He said that the tanks would be in the rear, the rack would be of cement and he did not believe the business would hurt anyone. Mr. Glynn asked why he felt he would need tanks of 30,000 gallon capacity and Mr. Aruda said he would be satisfied with 20,000 gallons, but he thought that when the market was low, he might like to get an additional 10,000 gallons. He said that he probably would get 2,000 to 5,000 gallon truck loads at a time and it was not his present plan to take from tank cars. He assured the Board that there would be no trucking after six P.M. He presented plans show- ing the proposed location of the tanks. Mr. Glynn said that the application requested permission to increase from 5,000 to 30,000 gallons. He asked if this meant an increase of 5,000 to 30,000 or 35,000 gallons,, and Mr. Aruda said that it meant an increase from 5,000 to 36;000 gallons. Mr. Emile J. Vadeboncoeur of 35 Brandon Street asked if there was a limit to the capacity of underground tanks in the neighborhood and Mr. Glynn said that there was not as far as he knew. Mr. Vadeboncoeur said that he moved here because he thought it would be a good town to live in, but he was beginning to change his mind. He said that he was against having any increase in oil or gasoline business in that section. He said there was bound to be an increase in trucking. Fottler Avenue is a narrow street and it would be the only means of entrance. He said that regardless of the promises not to truck after six P.M. he was very sure that occasions would arise when trucks would be coming in after that hour. He did not believe that the granting of the permit would be an asset to the section. Mr. Aruda said that there would be no trucking in Fottler Avenue as the trucks would enter and leave on his own property. Mrs. Vadeboncoeur said that recently they had renovated their house which added to the value of their property and she thought this would depreciate its value and be a detriment to the neighborhood. Mr. Milfin questioned that the petition was in order as it called for an increase in capacity of gasoline tanks and not fuel oil tanks. He said the premises were not in good condition now and probably would not be if this was granted. Mr. Kilion said that no one was going to benefit by this but Mr. Aruda. Miss nelen Burke of 314 Mass . Avenue said she lived on the opposite side of the street. She thought the noise of the trucks would be bothersome and if stations were increased all the time, it would merely be a slum section. She said it was not a slum section when she came there but every year it has gone down a little more. Everybody on her side of the street keeps his property in good condition, but the people on the other side of the street do not. A Mr. James Scanlon appeared and said that he was the owner of the property. ie said that Aruda has been in the oil business for a number of years and it was quite necessary for him to make a living there from the oil business. He said that Aruda had always run a clean, respectable place and it is getting 68 to a point where a man who sells gasoline only cannot make a living. He said Aruda asked his advice and he said he would be glad to assist him. Mr. Scanlon said he was in the oil business himself. He said it was planned to sink the tanks underground and load the trucks from the tanks. A two inch pipe would rise from the ground and there would be a small platform. Mr. Scan- lon said they would be defeating their own interests if they had anything unbecoming in that location. He said that there are always trucks and cars coming into a gasoline station. He said that if Aruda loaded his trucks twice a day and got rid of the contents and loaded a couple of other dealers ' trucks, he would be very fortunate. He said that Mr. Aruda was honest and had conducted his business in a fairly clean manner and he felt that the petition should be granted. As far as danger was concerned, he could not see it, as people are allowed to store oil within six inches of their kitchen fires and people are allowed to store oil in tanks in their cellars . Mr. Milfin asked what Mr. Scanlon' s interest in this petition was and he said that he was a business associate of Mr. Aruda's, Mr. Milfin then said that Mr. Scanlon would benefit from the business as well as Aruda. Mr. Harold W. Schiorring of 280 Mass. Avenue said that he was sure that after this was granted they would have trouble with it. He said there was a fuel oil station right beside Aruda' s station and all the neighbors could get their oil there if they wished to. He said there had been a lot of trucking and fussing at Aruda' s yard day and night. The other man is loading his trucks at night and Aruda might do the same. Mrs. Vadeboncoeur said she wished to disagree with Mr. Scanlon' s statement and said that Mr, Aruda' s property was very untidy. She also said that there was a great deal of noise from the station. Mr. Rowse asked Mr. Scanlon what the necessity for 30,000 gallons was and he replied that he did not believe they would really need that much but thought possibly if the Board would not allow 30,000 it might allow 20,000. Mr. Waddleton said that he thought trucks loading and going into the station before six o'clock would be a hazard to the youngsters. He said there was not much money in the oil business and one man is making a week's pay right there so he did not think the business should be divided. Mr. Sheffres asked if Ivl Aruda was living in Lexington and paying poll and reaxes in Lexington. The following persons wished to be recorded in opposition: Mrs. Mellick: Mrs. Dunn of 282 Mass . Ave : Mrs . Schirrring: Miss Emily Burke and Mrs. Sheffres. The hearing was declared closed at 8:52 P.M. The Board of Appeals then adjourned to the Assessors ' Office and hearing w»s declared open on the application of R. Lockwood, William A. and Philip Tower for permission to maintain three signs, 4' x 8' , on their property located on Follen Road, Lexington, advertising the land upon which they are located. 69 Clerk Pro-tem Bowker read the notice of the hearing. Mr. Win. S. Caouette wayA resent and stated that he was agent for the Towers in connection with the Follen Road develop- ment. Mr. Caouette said that there was an application made previously for the maintenance of three 41 x 8'signs in that development and there was a permit granted which he understood called for a set-back of the signs of 200 feet from existing roads. He said that this was practically impossible to do. He said that the permit had expired and he was now requesting permission for three 4? x 8' signs. He presented a sketch showing the signs that were there now. Mr. Caouette said that through error, he had placed one of the signs on land which is grassed over but which is part of the town land. The present signs are 3' x 51 and he said he did not intend at the present time to change them to larger ones. He said he had two signs, one at each entrance to Follen Road and he said that Marrett Road, at Follen Road, was the only place the signs really could be placed to let people know that the land was for sale. He said that if they were compelled to set the signs way back from the road, they would be worthless to them. He said that they had tried to set the signs not too close to Marrett Road to be a menace yet near enough so they could be visible from the road. Mr. Longbottom said that the signs were on town land at the present time on Follen Road. Follen Road is a 60 feet layout but not surfaced now for about 16 feet, and there is a grassed area which slopes down on either side of the road. If he set the signs back the twenty feet required, they would be dor it r the hollow and could not be see/. Mr. Caouette said that there - had never been any objection to the signs in their present location from the people living in the vicinity. He said he wanted the permit for the 41 x 8' signs in case they ever wished to change them to that size although they did not have plans to do so now. tie said that the other permit ran for three years and therefor he felt that at some time they might want to put in a sign of a more permanent nature. The present signs are not expensive ones but he thought they made a nice entrance to the development. The third sign is located on Locust Ave. Mr. Caouette said he had marked on the sketch an alternate location for this sign and had done this so they would have a place to put it in case the lot on which it is now located is sold. Mr. Locke asked how long the signs had been there and Mr. Caouette said they had been there since the early part of May. Mr. Ferguson asked if they were still there, and Mr. Caouette said that they were. In reply to a question from Mr. Glynn, Mr. Caouette said that Pierce' s house sets back from Marrett Road about 70 feet. His land adjoins the property on which Mr. Oaouette wished to place one sign, and Mr. Ferguson asked if 1tie thought Mr. Pierce would object if the sign were moved nearer his house and changed to a 4? x8' sign, and Mr. Caouette said he thought there would be no objection. He said that the signs were neat and that any signs they put there would be neat. He hoped that the Board would grant the petition. The hearing was declared closed. 70 The records of the October 6th meeting were declared approved. The Board considered the application of R. Lockwood, William A. and Philip Tower for permission to maintain three signs 4 ' x 8' on their property on Follen Road, and thought that the number of signs asked for was reasonable, but thought that the location desired within 25 feet of Marrett Road on the easterly side of Follen Road might be objectionable to the residents of the abutting property and that this sign should therefor be moved back a distance not nearer than 100 feet to the street line of Marrett Road. Upon motion of Mr. Locke, seconded by Mr. Ferguson, it was voted to grant the petition in the following form, Mr. Maddison wishing to be recorded in favor of granting the petition. 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 R Lockwood, William A. and Philip Tower a copy of which is hereto annexed, held a public hearing thereon of wjiich notice was mailed to the petitioner and to the owners of all pro- perty 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 Orfice Building on the 20th day of November, 1939. Two Associates and two 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 shows That they wished to locate three signs of 3' x 5' or 4 ' x 8' on the Tower property located on Follen Road, Lexington, for the purpose of advertising the sub-division upon which they are located, two of these signs to be located about twenty-five feet from Marrett Road and close to the street line of Follen Road, the third sign to be located on Lot 18 at the corner of Locust Ave. and Lexington Ave. No persons appeared in opposition. At the close of the hearing the Board in private session November 20, 1939, gave consideration to the subject of the petit4on and voted unanimously in favor of the following find- ings : 1, shat in its judgment the public convenience and welfare will b substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the 71 status of the neighborhood. 3. That they exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 4. what 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 or such Lexington Zoning By-law. Pursuant to the said findings , the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit R. Lock- wood, William A. and Philip Lower to erect and maintain on their land located on Follen Road, Lexington,three signs advertising the sub-division upon which they are located subject to the following conditions : That the signs shall each be 3'x5 ' in size; that one shall be located on the westerly side of Follen Road not nearer than ten feet to the street line and not nearer than twenty-five feet to the street line of Marrett Road; one to be located on the easterly side of Follen Road not nearer than twenty feet to the street line and not nearer than one hundred feet to the street line of Marrett Road; one to be located on lot 18 at the corner of Locust Avenue and Lexington Avenue not nearer than twenty feet to the street line of either avenues; that these signs shall be maintained in a good condition; that this permit shall expire November 20th, 1940. The Board hereby makes a detailed record of all its pro- ceedings 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 in 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.Z. Ch. 40, Sec . 27) C. Edward Glynn Charles E. Ferguson Winthrop H. Bowker Errol H. Locke A. N. Maddison I, Winthrop H. Bowker, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, 72 C.` hereby certify that I sent by postage certificate of mailing on the 3rd day of November, 1939, to Home Owners Loan Corp. , James G. Prout, Chester G. Peck, Arthur N. Parker, Mary T. Mul- doon and Agnes C. Schlichte, Jeanne E. LeMay, Warren G. and Rena M. Lawson, Robert J. Kelley, George F. and Anastasis Harrington, Ernest and Virginia K. Cutter, Katherine E. All- cock, Harry B. and - Mabelle �+' . Bensen, Guilermor and Mary F. Rivers, H. Dudley Murphy, Francis and Dorothy Chamberlain, William A. and Frances E. Cann, Winthrop F. and Priscilla P. Potter, State Holding Corp. of Cambridge, Laura A. Osborn, Clarence H. and Anne B. Conroym Clarence B. and Cornelia L. VanWyck, Janet T. Smith, Harold J. and C. Louise Cox, T. Russell Keery, A lice Mellow, Frederick W. and Anna H. Mosher, Charles G. Osgood, Richard A. Wason, Charles B. and Ora C. Wendall, Thomas Jgnd Mary M. Donnelly, Herbert S. and Marion Uy. Cullington, Edward J. Crosby, Clarence 0. Burke and Howard Chambers, William A. and Grace F. Apel, James P. and Doris H. Donnelly, Maria Hellberg, Lewis L. and Jeannette E. Hoyt, George M. and Agnes C. Hynes, Wilson H. Leighton, Charles E. Mathaurs, Lyle L. and Jessie M. Morse, Homer J. and Helen G. Potter, Luther R. and Annie F. Putney, Arthur A. and Eva M. Ridgeway, Robbins & Smith Ins, William N. and Elizabeth Ro-bins, Otto v . Rose, Mildred E. Wyman, Anna E. Bone, Dorothy M. Little, Benjamin J. Jr, and Myrtle L. Mayo, James McDeveiit, John J. and 'dary A. McSweeney, Eugene A. Morgan, Dominic Y. and Agnes L. Ross, Percy C. Smith, Steele Lindsay, Douglas T. and Mildred K. Gleason, Allan G. and Mary S. Galt, Henry and Antoinette W. Brask, Stella M. Bradford, Elizabeth Nunn, James A. and Barbara F. Pierce, May H, Mul- doon, Maud T. Sherburne, Daisy G. Wilson, Mary Dailey Charles B. Meek, R. Lockwood Tower, George T. and Louise R. Faulkner, Harold S. Lord, Grace W. Kelley, Margaret E. Cromwell, Katherine E. Pontefract, Madgeline M. McCrea, Zylpha C. Allen, Edward L. and Edythe E. Mears, Stanley I. and Margaret A. Phalen, Fred- erick M. and Marion C. Gay, William B. and Alma E. Ladd, Mildred C. Howard, Central Co-op. Bank of Boston, Roland C. and Minerva E. Warner, John E. Baginski, Win. S. Caouette and also advertised in the Lexington Minute-Man on November 2, 1939, a notice of which the following is a true copy, Winthrop H. Bowker Clerk Pro-tem, Board of Appeals. October 23, 1939. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of 73 Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9 (a) of the Lexington Zoning By-law with respect to the premises at Follen Hill Estate and Development, owned by R. Lockwood, William A. and Philip Tower of Boston by permitting the following: Maintenance of 3 4x8 real estate signs - 2 Follen Road, i Locust Avenue, advertising for sale the land on which they are located. R. Lockwood Tower Philip Tower ( Signature) William A. , Tower By - W. '. Caouette Agent 1772 iviass . Ave . Lexington, Mass. NOT I C E Lexington, Mass. November 1, 1939 . 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 R. Lockwood, William A. and Philip Tower and located on Follen Road, Lexington, the maintenance of three signs 4' x8' , advertising the land upon which they are located, 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 November 20th, 1939, at 8 :15 P M in the Selectmen' s Room, Town Office Building, Lexington. ARTHUR N. MADDISON Chairman, Board of Appeals. The Board considered the petition of M. J. Aruda for permission to increase the capacity of underground tanks to 30,000 gallons at 329 Mass . Avenue, Lexington and were un- animous in disapproving the permit. They were considerably influenced in this decision by the large number of residents in the neighborhood who appeared in opposition and the fact that none appeared in favor except those financially interested in the project. Upon motion of Mr. Ferguson, seconded by Mr. Locke, it was voted to deny the petition in the following form, Mr. Maddison wishing to be recorded in opposition also: The Board of Appeals , acting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by M. T. Aruda a copy of which is hereto annexed held a public hear'' , thereon of which notice was mailed to the 74 petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most re- cent 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 OLfice Building on November 20, 1939. ' Two Associate and two members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence wns offered on behalf of the petitioner tending to show: That he wished to install underground in the rear of his pres- ent lubritorium and office, three 10,000 gallon tanks to be used for the storage of fuel oil and range oil with a loading platform directly adjoining the rear of his present buildings. Access to these tanks and the loading platform would be by a driveway entering upon Mass. Avenue running parallel to Fottler Ave. around the rear of the existing buildings and out to exit on Mass . Ave. That he could get along with storage for only 20,000 gallons of oil; that there would be no trucking of oil after six o 'clock P.M. ; that the premises would be kept in a neat and clean condition. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that their homes and residences in the vicinity would be depreciated by the addi- tion of fuel tanks; that the general locality would be less de- sirable for residence purposes and that it was already over-crowd- ed with oil and gasoline filling stations; that there exists sufficient capacity for the storage of oil to take care of all present requirements. At the close of the hearing the Board in private session November 20, 1939, 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 welfar e 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 oe in harmony 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. 75 Pursuant to the said findings, the Board hereby denies the said petition of M. J. Aruda for permission to increase the capacity of underground storage for fuel oil at 329 Mass. Avenue, Lexington. 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 herein before 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 (Appointed under G.L. Ch. 40, sec . 27) C. Edward Glynn Charles E. Ferguson Winthrop H Bowker Errol H. Locke A. N. Maddison I, Winthrop H. Bowker, 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 certificate of mailing on the third day of November, 1939, to Aristides A. Stathopoulos, Antonio and Mary Chella, Francis A. and Mary Matulaitis , Thomas P. Killion, Harold F. Whelply, John and Isabell Harwood, Monica A. Holland, Middlesex County National Bank of Everett, Walter H. Lennon, Arlington Five Cents Savings Bank, Pasquale Luongo, Catherine C. Whalen, Medora R. Crosby, Ragna H. Goodmansen, Cambridge Trust Co. , Mary Palladino, Adeline Maruzzo, Joseph and Nella Cristallo, Clotilde Bertini, Isaac S. and Annie I. Weaver, Elsie M. and George L. Faulkner, Mary Alice Manning, Geroge F Mellick, Adelina and Tony Zarella, Hildur Schiorring, Elizabeth J Dunn, Raphael and Maria Luongo, Francis J. and Mary E. Nevins, Helen and Emily J. Burke, Mariano Zarella, Medway Savings Bank, Ragnhild S. Garfield, Harold H. and Martha F. Hookway, Edith M. White, Calvin W. Childs, Lexington Co-op. Bank, Boston and Lowell R.R. Paul Johnson, Howard S. Clow, Doris Lightman, Boston Co-op. Bank Peter J and Annc McDonagh, Mary C. Mullen and Mary A. Welsh, Generino H. and Florence T . Luongo, M. J. Aruda and also advertised in the Lexington Minute-Man on November 2, 1939, a notice of which the following is a true copy. Winthrop H. Bowker Clerk, Pro-tem Board of Appeals 76 Nov. 1, 1940. 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 403, Section 27, to vary the application of section 9 (g) of the Lexington Zoning By-law with respect to the premises at No. 329 Mass. Ave. , owned by J. Lemke of Boston, Mass, by permitting the following: Increasing the capacity of underground tanks for the storage of fuel oil, 5000 to 30,000 gallons. M. J. Aruda (Signature) 329 Mass. Ave. (Address) NOTICE Lexington, Mass. g November 1, 1939. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of M. J. Aruda for permission to increase the capacity of the underground tanks for the storage of fuel oil from 5,000 to 30,000 gallons on the premises located at 329 Mass. Ave. , Lexington, and owned by Jeannette Lemke, 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 November 20th, 1939 at 9 :00 P.M. in the Selectmen' s Room, Town Office Building, Lexington. ARTHJR N. MADDISON Chairman, Board of Appeals. The Clerk of the Planning Board appeared and presented a letter from that Board objecting to the granting of a permit to Mr. Aruda to increase the capacity of his underground tanks at 329 Mass . Ave. The meeting adjourned at 10:00 P.M. A true record, Attest : , _"/ Clerk, Pro-tem.