Loading...
HomeMy WebLinkAbout1944-06-30BOARD OF APPEALS MEETING June 30, 1944• A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on June 30, 1944 at 8:00 P. M. Chairman Glynn, Messrs. Locke, Nickerson, Bowker and Associate Member Ballard were present. The Clerk was also present. At 5:00 P. M. hearing was declared open upon the petition of the Town of Lexington by George W. Emery, Chief Engineer of the Board of Fire Engineers, for per- mission to use the land on the easterly side of Bedford Street, between the property of F. K. Johnson, Inc. on the south and the Lexington Lumber Corporation on the north for a fire station. The notice of the hearing, which was duly published in the Lexington Minute -Man on June 15, 1944, was read by Mr. Bowker. Mr. S. R. Wrightington, Town Counsel, Deputy Chief Roy A. Cook, George W. Emery, Mrs. Emery and Clem Ferguson were present at the hearing. Mr. Emery stated that the position of the Board of Fire Engineers was summed up in the following memorandum: 1. Approval of the Bedford Street site by the Board of Appeals does not in fact constitute a real variance of the Zoning Law, since the Zoning Law apparentm requires approval by the 'Ooard of Appeals of awn new fire station site. 2. There was no protest by anyone at the Town Meeting or at the Precinct Meetings on behalf of Bedford Street residents. 3. The Town Meeting votes on Article VI and VIII (which had to do with the selection of the "edford Street site and its purchase) were unanimous. 4. Bedford Street site was selected after a thorough study by the Board of Selectmen, Planning Board, Appropriation Committee and Board of Fire Engineers. 5. A site north or west of principal business area is recommended by New England Fire Insurance Rating Association for proper distribution of fire fight- ing apparatus, and under this recommendation the Bedfdrd Street site is endorsed by that Association. 115 6. The Bedford Street site does not interfere with any school, church, hospital or home for the aged, nor with present or prospective park or playground developments, nor with any other civic projects known to us. 7. The Bedford Street site, being in the business zone, should be immune to charges of breach of faith with nearby residential property owners. g. The Bedford Street site selected does not result in any appreciable loss of annual revenue from taxation (about $35.00). By the Petitioner BOARD OF FIRE ENGINEERS ;Is/ George w. Emery Chief Engineer He presented a map and explained to the Board the proposed location and stated that the frontage would be 190 feet. The Chairman asked if it were the contention to close Camelia Place. Mr. Emery replied that it was intended to keep it open and the Town will give to Mrs. Phelps, present owner of the property, at her request, a right of way over Camelia Place. He said that this would not cause any particular ihconvenience and that the Board of Fire Engineers would prefer a driveway in that location. Mr. Bowker asked how much space would be required and Mr. Emery replied 75' x 75' with a setback from Bedford Street of at least 40', possibly 45'. Mr. Ferguson informed the Board that he was present at the hearing as a representative of the Planning Board. The Chairman asked if the Planning Board had in view any new street which would enter Bedford Street somewhere near the property under discussion. Mr. Ferguson replied that there is a proposed street which will cross from Hastings Park through to Bedford Street just about in front of the northern most end of the Phelps' property. Mr. Ballard asked if Camelia Place were in good enough condition for fire apparatus to travel over. Mr. Emery stated that it is passable now, but would require some work, possibly widening. No one appeared in opposition to granting the petition. The group retired at 8:15 P. M. The records of the meeting held on May 12, 1944 were declared approved. Upon motion of Mr. Bowker, seconded by Mr. Locke, it was unanimously voted to grant the petition in the follow- ing form. BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by the Town of Lexington by the Board of Fire tnginaers 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 Select- men's Room, in the Town Office Building on the 30th day of June, 1944• One Associate and four regular 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 show: That the Board of Fire Engineers wish to erect a new Fire Station on the easterly side of Bedford Street in that part of the business zone lying between the properties now owned by F. Ke Johnson, Inc. and the Lexington Lumber Corporatipn; that the site had been selected after a study by the Board of Selectmen, Planning Board, Appropriation Committee and Board of Fire Engineers, and had been approved by the Town of Lexington in Town Meeting; that it was the intention to continue Camelia Place as a right of way. No one appeared in opposition of the granting of the peti- tion. At the close of the hearing the Board in private session on June 30, 1944 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, 118 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 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 pur- pose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexing- ton Zoning By-law is hereby varied so far as may be necessary to permit the Town of Lexington to erect and maintain a Fire Station in the business zone on the easterly side of Bedford Street between the properties now owned by F. K. Johnson, Inc. and the Lexington Lumber Corporation, and having a frontage on Bedford Street of approximately 190 feet. 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 decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of the decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) 0. EDWARD GLYNN ERROL H. LOCKS WINTHROP H. BOWKER D. E. NICKERSON WALTER C. BALLARD • • • 0 I. Hazel J. Murray, 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 15th day of June, 1944 to Lillian Flanders, Grace A. Riley, Dorothy E. Hammond, John Conlin, Minnie S. Britton, Helena C. Ryan, et al, Cyril V. and Ruth Seymour, Frank H. & Florence Tobin, James S. & Rose Robb, Josephine E. Bailey, Henry J. & Dorothy Johnson, Maude K. Swan, Leslie D. & Evelyn Martin, Lulu Montague, William J. & Richard Gibson, Bridget A. Winn, Katherine Corbett, Harry C. & Edith M. Boyd, Carl F. & Ira M. Stucke, Eagene:Viato, F. K. Johnson, Inc., Richard J. LeGraw, Elizabeth C. Phelps, Lexington Lumber Corp., Mary S. Harrington, Custance Brothers, Inc., Katherine Swan, Morton B. Howard, Euphemia Brown, Alice F. McCarthy, William A. & Anna J. Rice, Marion A. Burke, Edward C. Maguire, Edward A. Plugis, Thomas & Dorothy Pearson, Theodore A. & Mabel Custanee, Mary J. Ormand, Mary B. Griffin, Walter C. & Florence Boone, Mdsx. Inst. for Savings, Axel Sorenson, Florence M. Stewart, Lizzie Shaffer, Geneva M. Brown, and also advertised in the Lexington Minute Man on June 15, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals May 31, 1944. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of section 9 of the Lexington Zoning By-law with respect to the premises on Bedford Street, owned by Elizabeth C. Phelps of Lexington by permitting the following; The use for a fire station land on the easterly side of Bedford Street between the property of Frederic K. Johnson, Inc. on the south and the Lexington Lumber Corporation on the north. Town of Lexington By George W. Emery Chief Engineer, Board of Fire Engineers Lexington Fire Department 120 N 0 T I C E The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting, for a fire station, the use of the land on the easterly side of Bedford Street..between the pro- perty of Frederic K. Johnson, Inc. on the south and the Lexington Lumber Corp. on the north, under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws. The hearing will be held on June 30, 1944 at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lex- ington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals The meeting adjourned at 8:30 P.M. A true record, Attest: rd '6f Appeans WWW r� • • •