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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. 97 ' 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: 98 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 , 7 ' 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 100 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.