HomeMy WebLinkAbout1946-03-01BOARD OF APPEALS MEETING
• March 1, 1946
A meeting of the Board of Appeals was held in the Selectmen�s
Room, Town Office Building on Friday evening, March 1, 1946 at
8:00 p.m. Chairman Bowker, Messrs. Bre, Locke, Nickerson and
Redman were present. The Clerk was also present.
At 8:00 p.m, hearing was declared open upon the petition of
Peter Helburn for permission to establish a blackmmith shop at
185 BurlingtoniStreet, Lexington. Mr. Helburn and four other
persons were present ap the hearing.
Notice of the hearing was read by Mr. Brown.
Mr. Helburn said that he intended to put up another building
on the premises, but because of the shortage of material, he will
have to put an addition on the back of the barn.
The Chairman asked if there ever had been a blacksmith shop
at the address and Mr. Helburn replied in the negative.
Mr. Helburn said that most of the work will be architectural.
The Chairman asked what hours he intended to work and he
replied that he would operate during the day only.
TheChairman asked if there would be any signs on the
property and Mr. Helburn said that he might have a small sign
outside the house, but there would be no large signs.
The Chairman asked if there would buy any power machinery.
Mr. Helburn said that he would have a grinding machine, buffing
machine, small lathe, drill press and power hammer.
Mr. Locke asked how much noise the power hammer would make
and Mr. Helburn said that it would be noisy, but the neighbors
were far enough away so that it could not be heard unless the
wind happened to be just right.
Mr. Locke asked how many men would be employed and Mr.
Helburn said that he hoped to have three.
Mr. Redman asked what type of work would be done and Mr.
Helburn said that he would make railings and interior decorations.
Mr. Redman asked if he intended to put an addition in back
of the barn, to be constructed of concrete blocks. Mr. Helburn
replied in the affirmative and said that the addition would be
16' x 20'.
Mr. Brown asked if Mr. Helburn lived at this. --location and he.
stated that the house is rented and he is waiting for the tenants
to move out. He said that he lived in the house before he was
drafted into the Navy
Mr. Brown asked how close the nearest neighbor was and Mr.
Helburn said that one nblghbor was 500 yards away and one was
300 yards away.
Mr. Nickerson asked Mr. Helburn how much land he owned
and he replied that he owns 9L acres.
Mr. Redman asked if the shop would face on Burlington
Street and Mr. Helburn replied in the affirmative and said that
the shop would be 150 feet from the street.
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Mr. George Johnson, a neighbor, said that he would be in •
favor of the petition as presented, providing it is limited to
the ownership of Mr. Helburn.
Mr. David Doran said that Mr. Helburn was an excellent
craftsman and should be encouraged to establish the business.
He said that he would be in favor of granting the petition.
No persons appeared in opposition, and the hearing was
.declared closed at 8:10 p.m.
At $:15 p•m• hearing was declared open upon -the application
of Samuel Sanders, 404 Bedford Street for permission to erect a
roadside'stand on his property at 404 Bedford Street for the sale
of produce raised on his property.
Notice of the hearing was read by Mr. Brown.
No persons appeared in favor or in opposition.
Mr.Sanders stated that hehasa frontage of 390 feet,
is the secondee house from Buttricks and would like to make a
driveway for a small stand to sell his own produce. He said
that he expected to go back thirty or thirty-five feet.
The Chairman asked if there would be ample room for cars
and Mr. Sanders replied in the affirmative.
The Chairman asked how large a stand Mr. Sanders desired
to erect, and he replied that the building would be ten or
twelve feet and he intended to put a canopy on each side,
then making a total of twenty feet.
The Chairman asked if he intended to sell only his own
products and he replied in the affirmaitve. He said that he has
ten and one half acres of land.
Mr. Brown asked if there would be any signs and Mr. Sanders
said that he would like a small sign if permitted.
The Chairman asked if there would be any lights and Mr.
Sanders said that he would have a couple.
The Chairman asked how late the stand would be open in the
evening, and Mr. Sanders said that he would remain open until
eight or nine.
The hearing was declared closed at 8:25 p.m. and Mr. Sanders
retired.
The records of the meeting held on February 1, 1946 were
declared approved.
At 8:30 p.m. hearing was declared open upon the petition of
the Lovell Bus --Lines, Inc. for permission to construct a garage,
and use of driveways in connection with the garage, at the corner
of Lincoln And school Streets, on property owned by Emily R. Scheibe.
Mr. Fayton and Mr. Johnson, representing the petitioner and
Mr. DeVincentis, architect for the petitioner were present.
Notice of the hearing was read by Mr. Nickerson.
Mr. John Fayton, Supt. of the Lovell Bus Lines, Inc. said that
they had in mind building a garage in Five Forks section in-
Lex-ington, so they could house buses and also useeit as a transfer
point for passengers as well as to speed up and hell) the service
in this section. He said that they have plans for development
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in and aroufid the town of Lexington'and would like to look over
some of the routes and make additional changes in the town. He
said that with a garage at Five Forks, they can run from Arlington
Center through Concord into Maynard and from Watertown through
Arlington, Lexington and up to Five Forks. He stated that it would
be an ideal location for their garage.
Mr. Fayton said that with the charter work they do in the
summer time, their regular runs and also due to the fact that
they have been asked to vacate their present rented garage in
Arlington, because the owners intend to use it, they at present
have no garage. Therefore, they will have to pull their buses
from Lexington. He said that with the proposed garage they can
give additional service to Lexington. He said that if the permit
were granted, there never would be any junk piled outside. He
said that the bhses would be garaged inside a moderH fireproof
building. He said that there would be no signs or gasoline pumps
outside and any crank case drainings would be removed immediately.
He statbd`that they have facilities in their Maynard garage where
crank case grease is taken away. Mr. Fayton said that after the
building has been erected it will be kept clean and they intend
to do as much landscaping as possible. He said that it is a
building of some size, but he thought in this particular section
it would be an asset to the town and to the Lovell Bus Lines.
Mr. DeVincentis presented a sketch of the.uatZ building
together with blue prints. He said that the building would be of
first-class construction concrete block. He said that it would be
water -Proofed giving it a very white texture.
The Chaiamman asked how many buses would be garaged and Mr.
DeVincentis said that there would be facilities for ten or twelve
buses. be
The Chairman asked if the building would/111 long on
one side and 801 long on thb other side and Mr. DeVincentis replied
in the affirmative.
The Chairman asked what the roof would be and Mr. DeVincentis
said that it would be concrete.
The Chairman asked if the building would be entirely within
the business district and Mr. DeVincentis replied in the affirmative.
He said that it would be set back 20, from the street line.
The ChAirman asked what they intended to do with the parking
area and Mr. DeVincentis said that if it were necessary they would
park buses there when the floor of the garage was being washed
down.
The Chaim an asked if the garage would be open at night.
Mr. Fayton said that they intend to keep a night watchman on
duty in the capacity of a mechanic, and that there would be no
noise after 12:30 at night. He said that they are running seven
to night buses and intend to build a garage to accommodate twelve
for any future expansion.
The Chairman asked if the back wall of the garage would be
on the very edge of the business area and Mr. DeVincentis replied
in the affirmative.
Mr. Nickerson asked if, during the process of washing the
garage down, the water would flow over onto the next property.
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Mr. Fayton said that there would benowater running outside
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the building. He said that the washing would be done at 'night
and they would connect to a drain.
Mr. Fayton said that all major repair work would be done in
the Maynard and only minor -repairs and servicing would be done in the
new garage.
Mr. Locke asked what time the first bus would leave in the
morning.
Mr. Fayton replied that the first bus out of Arlington is ten
minutes to six, and the working day would be from six to midnight.
Mr. Redman inquired as to the area of the lot which the
company is purchating and Mr. Fayton said that they would have a
3001 frontage on Lincoln Street and it goes back to a stone -wall.
Mr. Locke asked if the driveways would be paved; -and Mr. Fayton
said they would be blacktop or concrete.
TheChairman asked what they intended to have for lights outside
and Mr. Fayton said that the front of the building would be all windows.
He said that there will be three doors to the building and they would
have to have a light on each door. He said that there will also be
a waiting room for passengers.
Mr. Robert C. Merriam said that it seemed to him thatthebus
lines were not askkng for any change in the Zoning Laws. He
said that the issue before the meeting is whether or not the
Board of Appeals will grant a permit to pperate a garage at this
location. He further stated that the zoning provides for business
use.
He said that he had purchased 25 acres of land which adjoin
this property in which the bus company is interested and he proposes
to cut it up into house lots. He said that he purchased the land
after he knew about the bus company plans, and that he would not
have done so if he thought the development would be adverse. He
said that a heated waiting room and better service would be an asset,
and he believed that the project would be an advantage in the area.
He said that it would appear that this matter has a good deal broader
scope than the immediate neighborhood. rx. Merriam stated that it is
the only bus line that gives service in the town limits for a five -
cent fare, and he felt that the line has merited the cooperation and
confidence of the town. He said that he hoped the petition would be
granted.
The Chairman asked where Mr. Merriam's property is and
he replied that his property is on Lincoln Street and extends down
Lincoln Street on the west and northwest side -- the same side as
the proposed garage.
Mr. George W. Sarano, 315 Lincoln Street said that he
objects to the proposed garage. He said that 'they have one garage in
the neighborhood which alwRys hhs been and still is a nuisance. He
said that he also feels that if the building is put there, it will
create a traffic hazard and he does not think that they have enogght
area in the business zone to house the building,
Mr. Melville'LYebb, 266 Lincoln Street said that he has been.
a resident there for twenty-two years and die anticipated living
in a residential area, but when the zoning laws were changed, he
was put in a business district. He said that he was very much
opposed to the garage. He said that he belieged they would be
® driving buses in and out all night. He said that he realized he
was in a business zone, but his children have bedrooms in the
front of the house and he felt that they would be kept awake until
midnight from the noise of buses coming in.
Mrs. George W. Sarno said that she has no children but there
are children in the neighborhood running from five streets for the
school bus and she felt that the garage would create a hazard.
She said that she would not like the noise or the odor. She said
that she certainly was not in favor of granting the,:pbtitiou.
Mr. Balchunas, 202 Lincoln Street said that he would like to
be recorded as being opposed to the petition being granted.
The Chairman asked if the driveways would be in the business
district, and Mr. DeVincentis said that the driveway would extend
beyond the business district for the purpose of getting up to a
house for the watchman.
Mr. Merriam said that it seemed to him that almost everyone
had a driveway in a residential area.
Mrs. Sarano asked all those present who opposed to the grant-
ing of the petition to stand and four persons remained seated.
Mr. Merriam stated that fogy -one notices had been mailed and
he wished to point out that meetings of this type are not attended
by those in favor.
Mr. Thomas Napoli said that he wished to be recorded in favor
of the petition. He said that he owns fourteen acres of property
in this vicinity and he felt that the building would be an asset
to his property and to the property in the niighborhood.
Mr. Fayton said that the average bus running along the street
does not make as much noise as some of the cars being used at the
present time. He said that he has in his office a petition from
residents of Lincoln Street asking to have buses run up Lincoln
Street instead of going up over Massachusetts Avenue. He said
that this could be accomplished if they had the building. He
said that with the proposed garage they will run from Lexington
Center over Lincoln Street over Marrett Road and to Allington
Heights. He said that they also have in mind ruhning fifteen
minute service, providing they have the building.
The hearing was declared closed at 9:25 p.m. and the group
retired.
The Board decided not to vote on the application this evening.
The Chairman agreed to obtain an opinion from the Town Counsel
relative to the petition presented by Peter Helburn.
The Board considered the petition of Mr. Samual Sanders and
felt that there would be no particular hazard to the neighborhood
and upon motion of Mr. Brown, secondedby Mr. Locke, it was
unanimously voted to grant the petition in the following form:
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BOARD OF APPEALS PERMIT 0
The Board of Appelas, 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
Samuel Sanders 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 the 1st day of March, 1946.
Five 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 he wished to erect a road side stand on his property
at 404 Bedford Street, Lexington for the Bald of produce raised
on his own property. He stated that the stand would be approximately
20' in length along Bedford Street and possible 101 in depth. He
also stated that the stand would be erected more than 20• back from
the street line, and that a suitable entrance would be provided for
the cars to come up to the stand, no flood lighting would be
providdd in connection with the stand. He stated that he did not
expect to keep the stand open beyond nine o'clock in the evening.
At the close of the hearing the Board in private session
Marche,l,.1946 gave consideration to the subject of the petition
and voted unanimously in favor of the following findings:
1. That in its judgement 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 th4 exception requested will be in harmony with the
general purposes and intent to the regulation in the LexitAbon
Zoning By-law.
4. That yawing 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 quewtion would involve
substantial hardship to the petitioner and that desirable relief
may be granted without substantially derogating from the intent
or purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unanimously
decided that the application of the Lexington Zoning By-law is
hereby varied so far as may be necessary to permit for yearly
terms, a rosdside stand for the sale of only the produce of the
land of Mr. Samuel Sanders and that the stand will be at least
20' from the street line. 0
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The whole structure shall be not longer than 251 or deeper
than 101. No flood lights shall be provided. The premises shall
be kept in a neat and clean condition at all times.
The Board hereby makes a detailed record of all its pro-
ceedings 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 forthwithto
each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws.)
Winthrop H. Bowker
Errol H. Locke
J. Milton Brown
D. E. Nickerson
Lester T. Redman
I, Hazel J. Murray, Clerk of the Board of Appeals of Lex-
ington appointed under General Laws, Chapter 40, Sections 25 to 30 as
emended hereby certify that I sent by postage certificate of mail-
ing on the 14th day of February, 1946 to Samuel Sanders, Otto, B. &
Elsie K. Hanson, John Bieren, Russell S. & Beulah P. Davenport,
Melissa R. Johnson, William A. & Rebecca LeGoff, Fannie H. Harvey,
John A. & Evelyn C. MacDonald, Nellie T. Bossom, Ralph G. & Ruth
J. Bartlett, James E. & Alice B. Mee, John W. & Ethel A. Brenton,
Anita Sannders, Dennis J. & Annie J. Kelley, Edwin C.& Mabel H.
Elder, David Buttvick, Peter & Mildred Pustola, Agnes M. Commons,
John & Doris M. Guest, Palmi M. Reilly, Leslie L. & Rita B. Cussie,
Angelo & Adora I. Lannis, Geor§e 0. Anderson & Sons, Inc. Ethel F.
Bean and also advertised in the Lexington Minute -Man 6n February 14,
1946, a notice of which the following is a true copy.
Hazel J. Murray_
Clerk, Board or Appea s
N 0 T I C E
February 14, 1946
The Board of Appeals will hold a hearing on the matter of varying
• the application of the Zoning By-law by permitting on the premises
owned by Samuel Sanders, and located at 404 Bedford Street, Lexington,
290
a roadside stand for the sale of produce, under the Lexington
Zoning By-law and in accordance with General Laws, Chapter 40,
Sections 25 to 30 as amended.
The hearing will be held on March 1, 1946 at 8:15 p.m. in the
Selectmen's Room, Town Office Building, Lexington, Mass.
WINTHROP H. BOVRMR
Chairman, Board of Appe&ls
February 11, 1946
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
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The undersigped hereby petitions -the Lexington Board of Appe&ls,
appointed under General Laws, Chapter 40.'Sections 25 to 30 as
amended, to vary the application of the action of the Lexington
Zoning By-law with respect to the premises at No. 404 Bedford Street,
owned by Samuel Sanders of 404 Bedford Street, Lexington by permitting .
the following: Roadside stand at premises to sell own produce.
Sameul Sanders
404 Bedford Street
Lexington 73, Mass.
The Board considered the petition of the Lovell Bus Lines,
Inc. and after a lengthy discussion it was decided to have the
Chairman obtain an opinion from the Town Counsel as to whether
or not the proposed use of the driveways is permissable. Decision
was held over until Friday, March 8, 1946.
Mr. Redman said that it would not be possible for him to
attend the next meeting, but he would record himself in favor of
the proposed building if the driveways can be used, but if the
Board voted against the petition, he would concur.
The meeting adjourned at 9:35 p•4
A true record, Attest:
k, and o�Appe s
is