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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. • 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 • • I0 285 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. 286 Mr. Fayton said that there would benowater running outside • 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: 0 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. 0 289 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: • 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