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HomeMy WebLinkAbout1940-03-01mo ' ..&WRO s_ March 1, 1910. A meeting of the Board of Appeals was held in the Sel- ectmen's Room, Town Office Building, at 8:00 P. M. Chairman Maddison, Associate Member Winthrop H. Bowker, and Messrs. Kimball and Locke were present. The Secretary was also present. In the absence of Mr. Robbins, Mr. Kimball acted as Clerk. At 5:00 P. M. hearing was declared open upon the appli- cation of Peter J. and Anna McDonagh for permission to construct and maintain a lubritorium and office to be used in conjunction with the sale of petroleum products. The notice of the hearing was read by Clerk pro -tem Kimball. Mr. McDonagh, Mr. Roche and the engineer of the Shell Oil Company, and four neighbors appeared at the hearing. Mr. McDonagh stated that he wanted to make a slight change in the location of the building, but there will be no alterations.. He said he wanted to bring the building forward about ten feet from the former location. Mr. Roche said that they wanted to move the building forward ten feet so that it would be easily accessible and easily seen. He thought that the former permit called for the building to be erected at the present line of locatioh. This proposed location will bring it thirty -sig feet back from the inside of the sidewalk to the front of the build- ing on the Mass. Ave. end. The pumps would also be moved forward to within twenty -feet of the inside sidewalk line. The building is to be identical with that for which the permit was granted previously. Mr. Roche said that the - new building would enhance the looks of the property, and would add to the looks of the neighborhood. He said there would be no upstairs to the building. The Chairman said that there were stairs on the outside of the building on the plan previously submitted. McDonagh said that that staircase went down from the loading platform. The Chairman asked the capacity of the tanks, and McDonagh said there were two ten thousand gallon tanks for fuel oil, and besides those, he has the tanks for the storage of gasoline, also. Mr. Roche said that all poles, etc., were on the twenty - foot line. The Chairman asked if this new location would cut off e n D C 1 Mr. Aruda's station, He said that the new than the existing one. Miss Emily M. and Miss wanted to make certain that rear, and McDonagh said tha load out front. Mr. Bowker asked when McD station, and he said he would the snow was off the ground, finished by spring. Mr. Kimball asked how the McDonagh said they would come A Mr. white of 283 Mass. door neighbor, and he was in petition. No other persons desiring declared closed at 8:25 P. M. and McDonagh replied in the negative. building would be set back farther Helen the t t they E. Burke of 314 Mass. Ave. rucks would load in the would and that none would onagh would like to start the like to start it as soon as and he would like to have it trucks would come in, and in from Fottler Avenue. Ave. said that he was a next - favor of the granting of the to be heard, the hearing was The application of Peter J. and Anna McDonagh for a permit for the construction and maintenance of an office and lubritorium to be used in conjunction with the sale of petroleum products at 301 Mass. Ave. was considered, as well as the permit granted in October, 1937 for a'similar purpose, and the fact that the Shell Oil Co. was planning to use the property, and the fact that the proposed build- ing would still do away with the range oil platform and place it in the rear of the office portion of the new build- ing, and the Board felt that it would be advisable to grant a permit on the new plan of the Shell Oil Co., Inc. for a Proposed Service Station on Mass. Ave. and Fottler Ave., Lexington, dated December 11, 1939, and it was unanimously voted to grant the permit in the following form (Mr. Robbins wishing to be recorded in favor) 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 Peter J. McDonagh and Anna C. McDonagh, 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 pub- lished in Lexington, which hearing was held in the Select- men's Room, in the Town"Office Building on the lst day of March, 1940. 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 91 92 behalf of the petitioner tending to show: 1 That the Shell Oil Company was going to occupy the premises and desired to place the building and gasoline pumps nearer the lot line than originally asked for by the petitioners; That the office and lubritorium would be practically the same as shown on the previous plan, and the range oil platform would be discontinued in its present location and moved to the rear of the office portion of the building, as shown on the revised plan. No one appeared in opposition. At the close of the hearing the Board in private session on March 1st, 1940 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 requested. 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 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 pro- visions of the Lexington Zoning By -Law as to the locus in question would involve substantial hardship to the petition- er and that desirable relief may be granted without sub- stantially derogating from the intent or purpose of such Lexington Zoning By-law. Pir suant to the said findings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Peter J. and Anna C. McDonagh to construct and maintain a lubritorium to be used in conjunction with the sale of petroleum products on the lot numbered 301 Mass. Ave., subject to the following conditions.- 1. onditions:1. The buildings and pumps and other equipment are to be as shown on a Plan dated Dec. 11, 1939 of the Shell Oil Company, Inc., for a Proposed Service Sta. in East Lex- ington, Mass., at Mass. Ave. and Fottler Ave., submitted at the hearing, and in the location as also shown on the plan; 2. The present range oil platform and pumps are to be removed from the present location, and placed in the rear , of the office portion of the building, as shown on the plan m dated December 11, 1939; ' 3. That the approval of the Building Inspector of Lexington shall be obtained before any signs are to be erected on the premises; 4. That no system of illumination of the premises shall be used which shall be objectionable t6 the neighborhood; 5. That the building will be maintained in good condition and repair at all times, and the grounds surrounding the same shall be kept in a neat and clean condition, and no storage shall be permitted outside of the building; 6. This permit is granted on the condition that all work incidental to the construction of the new building and range .oil platform is completed by March 1, 1941. The Board hereby makes a detailed record of all its ptoc6edings 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.th1s 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. BOARD OF APPEALS,OF LEXINGTON ' (Appointed under G.L. Ch.40, See.27) A. N. MADDISON ERROL H. LOCKE WINTHROP H. BOWKER EDWARD W. KIMBALL HOYTARD W. ROBBINS 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 cer- tificate of mailing on the 6th day of February, 1940, to Aristides A. Stathopoulos, Antonio and Mary Chella, Francis and Mary Matulaitis, Harold F. Whelpley, 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 Ber tini, Isaac S. and Annie I. Weaver, Elsie M. and George L. Faulkner, Mary Alice Manning, George F. Melick, 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. Eookway, Edith M. White, ' Calvin W. Childs, Lexington Co-op. Bank, Boston and Lowell R. R., Paul Johnson, Howard S. Clow, Doris Lightman, Boston 94 meq- C Co-op. Bank, Peter J. and Anna C. McDonagh, Mary G. Mullen ' and Mary A. Welsh, Generino H. and Florence T. Luongo, Boston Co-op. Bank, and also advertised in the Lexington Minute -Phan on February 8th, 1940, a notice of which the following is a true copy. EDWARD W. KIMBALL Clerk Pro -tem, Board of Appeals Feb. 11, 1940. Lexington Board of Zoning Appeals Town 8ffice 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 of the Lexington Zoning By -Law with respect to the premises at No. 301 Mass. Ave., owned by Peter J. McDonagh and Anna C. McDonagh of 9 Staunton Road, Belmont, by permitting the following: , Construction and maintenance of office and lubritorium to be used in conjunction with the sale of petroleum products. N 0 T I C E Peter J. and Anna C. McDonagh 9 Staunton Road, Belmont Lexington, Mass. February 5th, 1940 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 Peter J. McDonagh and Anna C. Mc- Donagh and located at 301 Massachusetts Avenue, Lexington, the construction and maintenance of an office and lubrito- rium to be used in conjunction with the sale of petroleum products, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amend- ments. The hearing will be held on March lst, 1940, at 8:00 P. M. in the Selectments Room, Town Office Building, Lex- ington. ARTHUR N. MADDISON ' Chairman, Board of Appeals 1 The records of the meeting held on February 2nd were declared approved. The meeting adjourned at 9:10 P. I[. A true record, Attest; Clerk Pro -tem. r II L 95