HomeMy WebLinkAbout1940-04-1596
BOARD OF APPEALS MEETING
April 15, 1940.
A joint hearing before the Board of Appeals and the
Board of Selectmen was held in the Selectmen's Room, Town
Office Building on April 15, 1940, at 8:00 P. M. upon the
application of Lillian D. Parks for permission to construct
and maintain a retail gasoline station at the corner of
Mass. Ave. and Curve Street, Lexington.
All of the members of the Board of Selectmen were
present, and the following members of the Board of Appeals
were present: Messrs. Glynn, Kimball, Locke, Bowker, and
Brown. Mr. Glynn acted as Chairman pro -tem of the Board
of Appeals, and Mr. Bowker acted as Clerk pro -tem.
The notice of the hearing was read by Clerk Bowker.
Nine persons were present at the hearing.'
Mr. Earl Mott represented Mrs. Parks. He said that
she owned the land at the corner of Mass. Ave. and Curve
Street, which is already zoned for business. At the pres-
ent time the land is assessed for $1,000.00. If the permit
is granted, the building will bring additional revenue to
the town in taxes. He said that the proposed building
would not damage any of the surrounding properties, and
he did not believe that any of the abutters would feel that
this was a detriment to their property. He said that a
number of abutters had already expressed their approval
of the projedt, and seven abutters had advised the Board
of this in writing. He presented a blue print of the lot,
showing the proposed station, gas pumps, etc.
Mr. Glynn asked what the capacity of the tanks would
be, and he replied that the capacity would be 5,050 for
underground and above ground, also. Mr. Glynn asked if
they planned to have a lubritorium, and Mr. Mott said
that they did, although they were not asking for it now.
Mr. Glynn asked what hours the station would operate,
and Mott said that that had not been definitely decided,,
but he thought they wotid operate from 7:00 A. M. to mid-
night, although that would be at the discretion of the
Boa rd.
Mr. Glynn asked who was going to operate the station,
and Mr. Lott said that that had not been determined yet.
Mr. Glynn asked if Mrs. Parks intended to build the sta-
tion, and Mott said that she had not decided. Mr. Glynn
asked if Mrs. Parks was seeking a permit so that if it
was granted she could sell it to some oil company, and
Nott said that she had not decided that, either.
Mr. Glynn asked if any others wished to speak in
favor of the petition, and there were none.
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' Mr. Glynn asked if any wished to speak in opposition,
and Mr. L. H. Truesdell said that he spoke in behalf of the
Follen Church Society. At a meeting of the Society held
last week it was voted to object to the granting of the
petition.
No others wished to speak in opposition.
Mr. Mott said he did not see how the Follen Church
could object to this gas station when they have one at least
one hundred yards nearer now.
Roland Garmon said that he attended the meeting of the
Follen Church Society, and he believed that it was the sense
of the meeting that there were enough filling stations at
that end of the town now, and that an additional station
would serve no good purpose.
No other persons wishing to be heard, the hearing was
declared closed at 8:20 P. M.
The Board of Appeals adjourned to the Assessors Office
to discuss the matter.
The Board decided to deny the petition of Lillian D.
Parks for permission to construct and maintain a retail
gasoline station at the corner of Mass. Ave. and Curve Street
' on the grounds that there exists a surplus of filling stations
in the general vicinity of this property, and no additional
capacity is necessary for public convenience. The lot is
also small, and not adapted to safe entrance and exit that
is necessary for a filling station, and it is located nearly
opposite the end of Independence Avenue, which makes an
additional traffic hazard.
It was unanimously voted to deny the petition 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 Lillian D. Parks, 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 April 15, 1940.
Two associates and three members of the Board of Appeals
were present at the hearing. A certificate of notice is here-
to annexed. At this hearing evidence was offered on behalf
of the petitioner tending to show:
1:
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That she wished a permit to erect and maintain a gaso-
line filling station on her premises located at the
corner of Mass. Ave. and Curve Street, Lexington, and
presented a plan of the plot of ground, also a plan of
the proposed structures;
She stated that it had not been determined whether she
would erect and operate the station herself, or whether
some other party would do this;
That it was proposed to install
acity of 5,050 gallons;
That she contemplated operating
to 12:00 midnight;
That it would be flood -lighted.
a gasoline storage cap -
the station from 7:00 A.M.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show:
That they felt there were plenty of gasoline stations in
the vicinity and that there was no need for an additional
one.
At the close of the hearing the Board in private ses-
sion on April 15th gave consideration to the subject of
the petition and voted unanimously in favor of the fol-
lowing 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 ttpair
the status of the neighborhood.
3. That the exception requested will not be in har-
mony with the general purposes and intent of the regula-
tions in the Lexington Zoning By-law.
4. That the Onforcement of the Lexington Zoning By -
Law as to the locus in question would not involve practical
difficulty and unnecessary hardship and the relief re-
quested 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 to the said findings, the Board hereby
denies the said petition of Lillian D. Parks, and in doing
so calls particular attention to the fact that there
appears to be an ample number of filling stations in the
immediate vicinity to take care of all needs, and therefor ,
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' public convenience.does not require additional capacity.
The lot is poorly situated for use in connection with a
filling station, as it is located directly opposite the
end of Independence Avenue, which it is felt creates an
additional traffic hazard. The lot is also too small for
such use as it makes necessary an approach and exit at
right angles to the street line.
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 de-
cision 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)
C. EDWARD GLYNN
ERROL H. LOCKE
' EDWARD W. KIMBALL
WINTHROP H. BOWKER
J. MILTON BROWN.
I. Winthrop H. Bowker, Clerk 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 29th day of March, 1940 to Lizzie
L. Lowell, Leona 0. Truesdell, Elizabeth A. Towne, Follen
Church, Lexington Savings Bank, Lyman C. & Christine A.
Stewart, Standard Oil Co. Inc., Michael Interante, Annie
B. Fraser, Alexander Quinn, Blackstone Savings Bank,Fred H. Baer,
Roland N. and Margaret S. Hayes, Heirs of Irving P. Locke,
Louise M. Baker, Michael D. McCarron, Maurice P. Ahern.Allen H. & Emma
and Bertha V. Pichette, John L. Pichette, Edward W. and E.Kennedy,
Esther S. Baker, Florence M. Daniels, Elizabeth T. Lowe,
Bridget M. Cotter, Aleah E. Canessa, Harry J. Lee, Arlington
Five Cents Savings Bank, Gertrude Pierce et al, Evelyn G.
Bramhall, Katherine A. Russell, Morse L. Walker, Anna L.
O'Hearn, George Sweetland, Johanna Kennedy, William N.
Robbins, Tr., Edward F. Buttrick, William F. Fletcher,
Alice S. Kennedy, Tr., John B. and Alma E. Lewis, John F.
and Sara Fitzgerals, Joseph Trani, Louis J. and Clara
Reynolds, Frederick A. and Nellie D. Hoxie, James and
Martha Holt, Lexington Trust Co., Wealthea A. Flanders,
' Daniel T. Kenney, Henry F. Peabody, Aina W. Chapman, Harry
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and Bertha G. Hanson, Heirs of Abbey L. Wellington, Lillian D.
William E. and Emily Brown, Richard P. and Eulah M. Parks,
Cassidy, Thomas and Honora Sullivan, Fanny P. Crown,
Edward W. McNamara, Agnes M. Walton, George Lakschewitz,
Watertown Co-op. Bank, r:argaret T. Kelley, Bertram W. and
Marjorie L. Hill, Annie Pero, Alice G. Marshall, Vernon
C. and Florence H. Page, Hattie M. Page, Ella M. Fletcher,
Frederick S. Ormond and Lillian D. Parks, and also ad-
vertised in the Lexington b1inute-Man on March 28th, 1940
a notice of which the following is a true copy.
WINTHROP H. BOWKER,
Clerk Pro -tem, Board of Appeals.
March 13, 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 40, '
Section 27, to vary the application of section 9A of the
Lexington Zoning By-law with respect to the premises at
No. Cor. Mass. Ave. and Curve St., owned by Lillian D.
Parks of Newtonville by permitting the following: Retail
gas station on premises.
Lillian D. Parks (Signature)
76 Berkshire Rd. (Address)
Newtonville, Mass.
N O T I C E
Lexington, Mass.
March 27, 1940.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law on petition
of Lillian D. Parks for permission to construct and main-
tain a retail gasoline station on premises located at the
corner of Mass. Ave. and Curve Street, Lexington, 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 April 15, 1940 at 8:00
P. M. in the Selectmen's Room, Town Offices8uilding, Lex- ,
ington.
ARTHUR N. MADDISON
Chairman, Board of Appeals.
ELECT FOR
COUNTY COMMISSIONER
ARCHIE R.
GIROUX of Lexington
CHAIRMAN, LEXINGTON BOARD OF SELECTMEN
Signed: WALDO P. EMERSON
48 Walnut St., Watertown
IThe records of the meeting held on March 1st were
declared approved.
The meeting adjourned at 8:55 P. M.
A true record , Attest:
1
n
Clerk Pro -tem.