HomeMy WebLinkAbout1941-01-06213
BOARD OF APPEALS MEETING
January 6, 1941
A meeting.of the Board of Appeals was held in the
Selectmen's Room, Town Office Building at 8:00 P. M.
Chairman Glynn, Messrs. Maddison, Kimball, Locke and
Associate member Bowker were present. The Secretary
was also present.
A joint hearing with the Board of Selectmen was held
upon the application of George W. Bean for permission to
erect and maintain a gasoline filling station on his pro-
perty at 365 Bedford Street.
Mr. Bean and his attorney, Mr. George S. Ryan of 485
Mass. Ave., Arlington, and Mr. Neil McIntosh were also
present.
Mr. Bowker read the notice of the hearing before the
Board of Appeals and Mr. Giroux read the notice of the'
hearing before the Board of Selectmen. DIr. Ryan said the
plot of land contained about 54,000 square feet and it
was zoned for business. Both sides of the street are
owned by Mr. and Mrs. Bean. They have 37 acres on one
'
side and 20 acres on the other side. They are land poor
now and have no income other than from the driving range
which is operated in the summer only.
Mr. Ryan said that if Mr. Bean could get permission
for a gasoline station, he would have sufficient year
round income to enable him to keep the property and make
a living from it. Mrs. Bean inherited the property from
her grandmother and the land has been in the family for
four or five generations.
Mr. Ryan presented a blue print of the property. Mr.
Glynn asked if he had any plan for the station and he
replied in the negative. He said however, that it would
be a standard type station and that there was a Gulf
station in Watertown very similar to what this one would
be. The building would have a two car lubritorium with
a waiting roor, and there will be three pumps outside.
Mr. Glynn asked how far back the building would be and
Mr. Rayn said that Mr. Bean would put the station wherever.
the Board wanted it to be. Any part of the lot would be
agreeable to him. It has a frontage of 242 feet and a
standard station has about 100 foot frontage. Mr. Glynn
asked what hours the station would be open and Mr. Bean
said that he planned to open at 7:00 A. X. and close at
11:00 P. 11. Mr. Glynn asked how near the nearest station
was and Mr. Bean said that there was one at the corner of
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North Hancock and Bedford Streets about 1/4 of a mile
away. Mr. Glynn asked where it was proposed to put the
new route 128 through in relation to his property.
Mr. Bean said it was planned to go through the center
of his parking space which would leave about 100 feet
between his house and the outer edge of the roadway.
Mr. Kimball said if the proposed road went through the
center of the parking lot it would leave only 50 feet
on either side. Mr. Bean said the road went nearer one
side of the parking space than the center.
Mr. Neil McIntosh said ha was opposed for the time
being and that this property was only 130 feet from his
property. He said that the location of route 128 was
not decided yet and for that reason he thought all plans
should be dropped; also for the reason that Mr. 13ean has
no definite plans for the proposed building. Mr. McIntosh
said that Mr. Bean was granted a change in the zoning law
some years ago in order to enable him to maintain the
golf driving range and at that time he promised that he
would not want anything more than the driving range, but
he is now going beyond that. Mr. Rowse asked heir. Bean if
he was going to give up the driving range and he said that
he was not.
Mr. Kimball said he talked with someone at the State
House who said that this road was in the six year program
,
and that the road would go through the business zone.
He felt that the road would go directly through the Bean
property and that most of the business area would be taken
up by ramps. He also talked with an ex -member of the
Metropolitan District Commission who said the Commission
was not sure of an overpass at this point.
Mr. Glynn asked Mr. Ryan if he could get a plan of the
station and he said he could get a plan of a similar sta-
tion to what was planned. Mr. Kimball asked if they had
made any definite arrangements with any company and Mr.
Ryan.said that the Standard Oil Company had approached
hlr. Bean but no definite arrangements had been made.
It would depend,upon who would pay the better rent.
No other persons wishing to be heard, the hearing was
declared closed at 8:25 P. M. The Board of Appeals ad-
journed to the Assessors' Office.
The Board considered the Bean application and it was
unanimously decided to decline the application. In doing
so the Board gave consideration to the proximity of an
✓existing gasoline station at the corner of Bedford and
North Hancock Streets; also particularly to the probability
that the circumferential highway known as Route 128 will
eventually cross this property or come very close to it, '
and that until the location of that highway is definitely
known and the conditions which will govern its zoning have
been decided, it felt that gasoline filling station permits
should not be granted in its probable vicinity.
Consideration was also given to the fact that no plans
were submitted and that the business zone at this location
was originally granted by the Town upon plea that it was
to be used for a golf driving range. The order was signed
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 George W. Bean, 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 January 6, 1941.
One Associate and four 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:
That he wished to erect a gasoline filling station and
lubritorium on his premises at 365 Bedford Street;
That he had not decided what company would operate the
filling station, consequently he had no definite plans to
submit;
That the location was approximately one quarter of a mile
from an existing gasoline filling station at the corner of
North Hancock and Bedford Streets;
That the location would be at or near the proposed location
of the Circumferential Highway, Route 128;
That the premises are in a business zone.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that the pro-
perty in question had originally be zoned for business upon
the representation that it was to be used for a golf driving
range, and that a new location for a gasoline filling station
should not be made in that vicinity until the location of the
proposed Route 128 should be definitely known.
At the close of the hearing the Board in private session
on January 6, 1941 gave consideration to the subject of the
petition and voted unanimously in favor of the following
findings:
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1. That in its judgment the
welfare will not be substantially
of the exception requested.
public convenience and
served by the making
2. That the exception requested will tend to impair
the status of the neighborhood.
3. That the exception requested will not be in
harmony with the general purposes and intent of the regu-
lations 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.
Pursuant to the said findings, the Board hereby denies
the said petition of George W. Bean, and in doing so has
given particular consideration to the proximity of the
property to the existing gasoline station at the corner of
Bedford and North Hancock Streets, and to the uncertainty
of the location of the proposed Circumferential Highway
known as Route 128, and what zoning the Town may wish to,
adopt to apply to that Route 128.
The Board hereby r:-iakes 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 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 OF LEXINGTON
(Appointed under G.L.Ch.40, sec. 27)
0. EDWARD G LYNN
EDWARD W. KIMBALL
WINTHROP H. BOWKER
A. N. MADDISON
ERROL H. LOCKE
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I,.Winthrop H. Bowker, Clerk Fro -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 December 20, 1940 to Standard Oil
Co. of N. Y., Inc., George F. Smith, Lulu M. Blake, 71illiam
E. Maloney & Margaret A. Maloney, t by e, Lexington Trust
Co., Doris K. Lovell, Home Owners Loan Corp., Harriette
W. Smith, Alice J. Hagerty, Daniel H. Freeman, Lexington
Co-operative Bank, Lexington Savings Bank, Raynard G. & Edith
A. Brooks, t by e, Herebert F Shannon, Eugene E. Loupret,
Otto B. & Elsie K. Hanson, t by e, Velma I. Bieren, Frank
Johnson et al, Frank J. Longleway, Nellie T. Bossom, George
V. & Gertrude Benoit, t by e,.Ralph G. & Ruth J. Bartlett,
t by e, James E. & Alice B. Mee, t by e, Ethel F. Bean,
Edwin C. & Mabel H. Elder, t by e, David Buttrick Company,
Mary Trimble, Eugene & Agnes M. Commons, Mary A. Sanders,
No. Cambridge Co-op. Bank,'Waverley Co-op. Bank, Angelo A.
& Adora I. Lanni, t by e, Charles H. & Bartholomina J. Rice,
t by e, G. 0. Anderson & Sons, Inc., Chester L. & Kathryn
K. Blakely, t by e, Ellen G. O'Donnell, Joseph A. & Helen
E. 71ills, t by e, Gordon B. & Miriam MacArthur, t by e,
Neil licIntosh, Jeremiah T. & Mary E. Sanborn, t by e,
Eleanor McCarthy, Samuel Burgoyne, Agnes Flynn, Helen Alger,
Samuel Sanders, George S. Ryan, and also advertised in the
Lexington Minute-11an on December 19, 1940, a notice of which
'
the following is a true copy.
WINTHROP H. BOW ER
Clerk Pro -tem, Board of Appeals
December 12, 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
273 to vary the application of section 9A of the Lexington
Zoning By-law with respect to the premises at No. 365
Bedford Street, owned by George Bean of Lexington by per-
mitting the following: Erection and operation of a gasoline
filling station.
GEORGE W. BEAN
359 Bedford Street
Lexington, Mass.
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N 0 T I CE I
Lexington, Mass.
December 19, 1940.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Lava by permitting
on the premises owned by George W. Bean and located at
365 Bedford Street, Lexington, the erection and operation
of a gasoline filling station.
The hearing will be held on January 6, 1941, at 8:00
P. M in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
tiir. Biagio Cacciola appeared before the Board at
8:30 P. M. at hearing adjourned from December 13, 1940,
and claimed he was not present at the original hearing
because he failed to receive a notice giving the date.
He stated that he now has cold frame, and in connection
with it sufficient sash to make a small greenhouse which
would allow him to grow plants earlier than he can do now,
he wished to erect a greenhouse approximately 57 feet in '
length and 11 feet in width. The greenhouse is to be
heated by a stove and located about 125 feet from the
highway.
The Board voted to grant the permit, subject to the
appearance of the building being kept neat and clean.
The order was signed in the following form:
BOARD OF APPEALS PEPMIIT
The Board of Appeals, acting under General Laws, Chap-
ter 401 Sec. 279 having received a written petition
addressed to it by Biagio Cacciola a copy of which is hereto
annexed, held a public hearing, 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 tax list and also advertised in the Lexington
minute-14an, a newspaper published in Lexington, which hear-
ing was held in the Selectmen's Room, in the Town Office
Building on the 13th day of December, 1940•
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 bending to show:
. That he wished to erect a greenhouse on the premises
at 708 'Parrett Road, located about 125 feet from the street
line, the size to be 57 feet in length by 11 feet in width
and the top to be constructed of cold frame sash which he
has on hand, the building to be heated by stove.
No evidence was offered in opposition.
At the close of the hearing the Board in private session
on January b, 1941 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 ma':i.ng 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
a;ith the general purposes and intent of the reulations
in the Lexington Zoning By-law.
4. That owing to conditions especially affecting
the said parcel but not affecting; generally the Zoning dis-
trict 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 pe-
titioner and that desirable relief may be granted without
substantially derogating froia the intent or purpose of such
Zoning By-law.
Pursuant to the said findings, the Board hereby un-
animously decides that the application of the said Lexington
Zoning By -lava is hereby varied so far as may be necessary
to permit Biagio Cacciola to erect a greenhouse 57 feet
long by 11 feet wide, located on his premises at 708
Marrett Road, and not nearer to the street line than 100
feet therefrom, under the condition that he shall keep the
appearance of the building neat and clean.
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 open to public inspection and that notice of this
decision shall be mailed forthwith to each party in interest.