HomeMy WebLinkAbout1946-04-18BOARD OF APPEALS MEETING
'April 18, 1946
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A meeting of the Board of Appeals was held in Bstabrook
Hall on Thursday evening, April 18, 1946, at 8:10 p.m. Chair-
man Bowker, Messrs. Brown, Nickerson, Associate Members Ballard
and Ripley were present. The Clerk was also present. The meet-
ing, advertised to be held in the Selectmen's Room, Town Office
Building, had to be held in Estabrook Hall because of the fact
that so many persons appeared for the hearing, there was not
sufficient room in the Selectmen's Room.
At 8:10 p.m. hearing was declared open upon the petition
of the Lovell Bus Lines, Inc. for permission to ereot and main
twin a garage on the premises now owned by Elizabeth C. Phelps,
and located at 47949 Bedford Street, Lexington.
Notice of the hearing was read by Mr. Brown.
Mr. Alfred E. McClary, attorney for the petitioner, Mr.
Payton, a representative of the petitioner, Mr. Vincent
DeVineentis, architect for the petitioner and approximately
175 other persons were present at the hearing.
Mr. McClary explained that the Lovell Bus Lines, Inc.
desired to erect a garage to be in the rear of the proposed
' new Fire Station. He said that on one side there is the lumber
company yard, in the front will be the fire station and on the
other side is the railroad tracks, He said that the company
intends to build a place where it can store buses used on the
line running from Five Forks, to Arlington, Belmont and to
Watertown. He said that they will store two or three buses which
can be used for special charter business. He said that there would
also be a service room for light repairs and,that there would be no
heavy work, nothing that will create any noise. He said that the
buses will come in at night after the day's run is over and will
leave early in the morning. He said that there may be one in about
nnon time, used for a school bus in Arlington, and there may be one
or two at other times during the day, but nothing that will create
noise, dirt or anything offensive to anyone in a business section
of this sort. He stated that all heavy work will be done in Maynard
where they have facilities for that type of work. He said that the
company does have to have a place in Lexington to get the buses
out on time and to continue to give the five -cent ?are service. He
said that if the buses have to be dead headed from Maynard to Lex-
ington in the morning and back at night, the company could not afford
to continue the five -cent fare. He explained that the company has
been using a garage in Arlington, but has been ordered out inasmuch as
the garage has been taken overand the space will be needed for the
display of new cars. The Lovell Bus Lines;, Inc. were supposed to
have been out by April 15, 1946.
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Mr. DeVincentis presented a plan and explained the location
of the proposed garage on the lot.
TRe-Chairman agked how the company intended to gain access to
the proposed garage and Mr. DeVincentis said that they would go in
from Bedford Street.
The Chairman asked if they intended to go out Hancock Avenue and
Mr. DeVincentis replied in the negative. He said that they never
intended to cross the tracks.
The.Chairman asked how the company would feel if they were
restricted from going out Hancock Avenue. Mr. McClary said that
they-wpuld have no objection whatsoever. He said that it is a private
crossing with no guards and the.company would not want to use it.
The Chairman asked if they intended to have a parking area
and Mr. DeVencentis said that they would have an apron.
Th e.:Chairman asked if the garage would.be fireproof and Mr. DeVincentis
said that the building would be of first-class construction.
The Chairman caked how many buses would be stored in the garage and
Mr. DeVincentis replied that fifteen or sixteen would be the maximum.
The Chairman asked what hours the garage would be kept open and
Mr. John F..Fayton replied that they intended to operate from six in the
morning until midnight. He said that there would be a bus coming At
at 11:15 or 11:30 a.m., another one bask at 2.20 and three more at 6:00
or 6:30 at night and two coming in at midnight. He said that as far as
equipment was concerned, they would have a pit for greasing and minor
repairs. He said that all crank case drainings would be taken away. He
said that there would be no noise connected with the garage other than '
a bus motor going in and out.
The Chairman asked if they intended to do any work on the buses
outside the garage.
�ft Fayton replied in the negative. He said that they would wash
the buses inside and they will have properly connected drains.
He said that all major repair work will be done in Maynard.
The Chairman asked if they would have any power driven equipment
and Mr. Fayton said that .they would have an air compressor to runup
air pressure to inflate tires. He said that there would be no lathes
or service machines.
The Chairman asked what they intended to have for lighting and
Mr. Fayton said that the lighting inside would be fluorescent. He
siLid'that they would have to have a light on the entrance and on each
door, bat that there would be no flood lighting of the yezd.
Mr. Nickerson asked how much land they had and Mr. Fayton said
that they would have the whole wedge.
Mr. Nickerson asked if they intended to use the area across the
street and Mr. Fayton replied in the negative.' He said that they have
no plans for the area across the street and the house will be left the
way it is now.
The Chairman asked how they intended to get the buses through
Camelia Place and Mr. Fayton replied that the company has bn agree-
ment with the Selectmen of the Town that the Town of Lexington would
rebuild the road and the cost would be divided between the Town of Lex-
ington and the Lovell Bus Lines, Inc. He said that the Fire Department
will be given a right-of-way through Camelia Place in case they desired
an exit.
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' The Chairman asked how wide the street would be and Mr. Fayton
said that it would be 24' wide.
The Chairman asked how many men would be working in connection
with the garage. Mr. Fayton said that there would be a day foreman
all day long and six operators. He said that in addition they would
have a night man. He said that there would not be more than three
men in the garage at one time. He said that the company needs the
garage to improve their service. He said that they would like to
add additional service and routes which they have in mind and would
like to put on additional service on some of the present routes.
He said that in the past over a period of ten or twelve years they
have maintained an hourly service and effective February 4 of this
year they cut it dawn: to one-half hourly service and they are con-
templating ramming one-half hourly service from Five Forks to
Arlington Heights which cannot be operated from Maynard. He said
that they cannot maintain that service by dead heading the buses
back and forth to Maynard. Mr. Fayton also stated that they have
a petition from peol)le in this town to operate over Lincoln Street
and they already hold the franchise right to operate, but cannot
get the establishment down here. He said to run from Maynard costs
28¢ a mile and deadheading, plus operators, salary makes it too
expensive. He said that if they had the garage in Lexington, they
would have no dead -head mileage.
' The Chairman asked if there were any persons present who wished
to speak on favor of granting the petition.
Mr. William P. Clark, 80 Middle Street said that there are a
great many people in the western side of the Town -- Middle Street,
Shade Street, Cary Avenue and Marrett Road who are interested in
improved transportation. He said that he believed 127 individuals
have affixed their names on a petition in favor of tho Board grant-
ing the appeals. He said that there are three major housing develop-
ments in that section whkch will mean that the people who come to
live in Lexington and the ones already living there, are entitled
to better transportation to Arlington Heights. He said that he
believed it to be the feeling of the people who signed the petition
that, if the Board grants the right to erect a garage, they will
expect1/2 hour service the length of Marrett Road.
Mr. Francis E. Burke, 88 Bedford Street, asked how many of the
127 people who signed the petition were property owners.
Mr. Clark said that he could not accurately tell, but would
say that all of the property owners had signed.
Mr. Burke asked if the petition had been presented, and the
Chairman replied in the affirmative.
Mr. Michael J. Bresnahan, 136 Lowell Street said that he has
nothing to do with the Lovell Bus people, but he has been in the
transportation business for 29 years. He said that he thought some
of the people at the hearing did not understand what transportation
facilities are. He said that the Lovell Bus Company is trying to
' center their garage to give the proper service. He said that if
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they have a bus broken down on Lowell Street, they must send a bus
from Maynard to continue the seriice. He further stated that if a
bus is broken down on Pleasant Street, Arlington, a replacement must be
made from Maynard. He said that he thought it only fair for the citizens
of Lexington that this petition be granted.
Mr. John J. Manning, 40 Outlook Drive said that he is in favor
of the petition because he feels that the town should have more
adequate transportation, and that at the present time Lexington does
not have adequate bus service. He said that at times one must wait an
hour or longer for a bus. He said that he thought the appeal should be
granted.
Mrs. Hollis Webster, 1960 Massachusetts Avenue said that she
has lived in the same house as a property owner ever since the line
started and she spoke for the automobilist and the people who have
depended upon this line, and the importance of this line, in the Town.
She said that it has given Lexington prestige that it has a line as
cleanly conducted, with drivers as considerate. She said that they
have served and helped in ways that are not always usual in the bus
lines. She said that she could not, because she has a very strong
feeling about fighting zoning laws; ask to have this petition granted
if it were not in a zoned district. She said that she understood the
property in question is in the business district and is in no way going
to be detrimental, as far as she can see, or from what she has heart,
to the neighborhood as it will exist with the fire station. She said that
she spoke for her neighborhood and is strongly in favor of granting the
petition.
Mr. David B. Deloury, 99 Spring Street said that one of the '
petitions in favor of granting the application had 38 names from,
21 families and of the 21 families, 18 are property owners.
Mr. John Campbell, 238 Lincoln Street said that he is in favor
of the petition and agrees with what has already been said at the
hearing.
Mrs. Handel V. Rivinius, 53 Cary Street said that she would
like to second Mrs. Webster's angle of the petition. She said that
she has used the buses every day this winter and she is in favor
of having the service continued.
Mr. Willard L. Bodemer, 108 Woburn Street said that he is in favor
of the petition and could see on objection to the location of the
proposed garage. He said that he relies entirely upon the Lovell.Bus
Lines for transportation, late at night and early in the morning. He
said that he would like to see everything that can be done to maintain.
the service and if possible to give more service.
Mr. Michael McDonough, 1993 Massachusetts Avenue said that he
is in favor of granting the petition.
Mr. Theodore A. Custance, 100 Bedford Street said that he was
speaking from the point of view of acitizen of Lexington who knomre
something about the Lovell Bus Lines and what they have done. He
said that he had been deceived by some people to sign a petition
against application, from a neighborly point of view, but he now
viewed this matter from a different angle. He said that he has
never ridden on the bus lines, but has heard very favorable comments
in regard to the service. He said that it is a service that is very ,
' is very desirable. He said that he is not sure the proposed location
is the proper place for a bus terminal, but all the arguments have
not persuaded him that there is any reason why it should not be located
on the property in question. He said that the number of buses enter-
ing, would not be noticed. He said that Bedford Street is a highly
travelled street and in one hour would have more large trucks going
up and down than there would be buses in a week. He said that they
are in a business district and it may be an inconvenience to some
people, but that is one of the things that must be had in progress.
He said that he thought the garage would be far less objectionable
than many things that might be put into the proposed location. Mr.
Custance said that all he asked, and all he would consider,'is that
this matter be given fair consideration and that the Board do what-
ever is the best for the largest number of citizens of the Town of
Lexington. He said that he is in favor of the petition, recognizing
that it is a public service to a great many citizens of Lexington.
The Chairman asked if there were any persons present who wished
to speak against granting the petition.
Judge Pierre Northrup, 25 Merriam Street said that he has been
requested by a group of those objecting to this petition to explain
their objections and reasons for the same. He said that the opinions
which he expressed are not merely those of his clients, but also his
own personal opinions. He said that when he was first approached on
this subject, a notice was turned over to him and the notice said that
the Lovell Bus Lines were asking permission to erect and maintain a
garage on the premises. He stated that tonight, for the first time,
he was advised that this is not a garage in the ordinary sense of the
world, but a bus terminal. He stated that, therefore, sufficient notice
had not been sent to the abutters and he doubted, on the basis of the
petition and of the notice, that the Board could legally grant the
petition if the Board were in favor of it.
Judge Northrup said that he has no argument with the people who
have spoken in favor of having a bus line. He said that the company
has impressed upon the minds of the citizens of Lexington that unless
this particular piece of land is given to them, the five -cent fare
will be taken away. He said they were not opposed because of the bus
line, but were told by letter that it is essential to have a garage if
the five -cent fare is to be continued. Judge Northrup said that the
property is in a C-1 District whidh does not provide for a bus terminal.
He said that he believes there must be a bus terminal, but with four
square miles in Lexington, he thought there was some place for a bus
terminal, but the place in question was not the proper one. Judge
Northrup spoke at length about the noise, dirt, fumes, rubbish and of
buses going in and coming out of the garage. He presented photograjaps
of -bus conditions which exist around a bus terminal and informed the
Board that the pictures had been taken at Maynard. Judge Northrup said
that to his mind a bus terminal should be located on the route where -
the bus operates.
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He said that they should not select --a section of the Town not served
by the bus and impose upon them the noise and other things that
accompany the establishment of a bus route. He further stated that
a bus terminal should be on a highway that is not highly travelled
and that Bedford Street is one of the most dangerous highways in Town.
He said that it is already so overburdend with traffic that this
Board, and no one else, should want to go out and invite additional
traffic on that street. He said that the official count of the
Registry of Motor Vehicles showed6,000 cars a day, a normal average
day, on Bedford Street. He said that the place they have in miAd
should have access so that buses coming along can slide into their
place. He said that the proposed location is in back, with no frontage
on Bedford Street. He asked how the buses were going to get into
Camelia Place, a right of way, hot owned by the company. He said
that if there is any place a bus terminal should not be put, it is
near any emergency equipment of this Town. He said that the same
narrow way that is to be used by the ambulance and fire apparatus
would be used by the buses. He further stated that nobody should
want to put anything in an area that is going to be objectionable
to the residents affected by that action. He said that this location
is one of the finest -.and oldest residential sections in.Lexington.
He stated that of the 57 properties affected by this petition, 51
are residential and of those 51, 50 have signed a petition opposing
granting the application. Judge Northrup said that the denial of the
petition does not mean that the people will lose the bus Line, but that
the company will choose some place to erect the garage that will not
be a traffic hazard and some place that will not interfere with the Fire
Department and some place where the residents affected by it are not
opposed to it. He said that he requested that this petition be denied.
Mr. Francis E. Burke, 88 Bedford Street said that he was speak-
ing on behalf of Mrs. Burke, owner of the property in which they live.
The Chairman asked how far from the proposed location the Burke
property was located and Mr. Burke said less than 100 yands. He said
that he knew Jadge Northrup represented the majority of the property
owners in the area affected by the petition and he felt that Judge
Northrup had summarized very completely valid reasons why this
petition should be denied. Mr. Burke said that he had ih mind all
the reasons that Judge Northrup has presented. He said that he thought
the tam major objections to allowing this petition are the traffic
and fire hazards. He said that in the very near future the Central
Fire Station will be erected which will service the entire Town of
Lexington, and after the station is established this will definitely
be a very critical area. Mr. Burke said that he had been informed
that a similar petition was presented to the Board asking that a bus
terminal be located at Five Forks and that the property owners objected.
He said that he was also informed that a larger proportion of owners
in this location now object, to thispeition and he asked that the
Board apply the same slide rule when this petition is considered.
Mr. Hubert Broderick, 9 Hancock Avenue said that when he first
received notice of this meeting tonight, he first thought of the
detriment to his property then he thought of the traffic hazard on
Bedford Street. He said that he was in Maynard this week and noticed
a number of passenger cars on the bus property. He assumed that they
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' belong to the employees. He said that if that condition exists
there and there is a bus terminal here, it will exist here. He said
that here must be some place where the bus company can find a home
and they are not wanted where they want to go.
Miss Jean A. Baxter, 18 Hancock Street asked why the bus company
chose Bedford Street rather than Massachusetts Avenue.
Mr. Fayton said that the company has been forced to choose what
it can get. He said that sites are very scarce in Lexington, almost
impossible to find. He said that they did try to get a place at Five
Forks, on their route and more desirable, but they have to take what
they can get.
Mr. Neil McIntosh, 8 Hancock Avenue spoke at length in opposition
and stated that the right of way is only fifteen feet wide., The Chair-
man explained to him that the Town intends to widen the way. Mr.
McIntosh said that he was asking the Board to keep this particular
neighborhoodwhat it has been for the last 72 years.
Mr. Frederick Meyer, 13 Hancock Avenue said that he wogld like
to go on record as being opposed to the petition. He said that he
thought being awakened at six in the morning and again at twelve at
night by buses is not anything that anyone would like. He said that
the people on Middle Street want the petition granted and asked where
they were when the bus terminal hearing was held relative to locating
at Five Forks.
Mrs. Ruth Seymour, 11 Bedford Street opposed granting the pbtition
because of increased traffic hazard and stated that there are seventben
children, elementary grade and under, in this vicinity.
Miss Helen E. Ryan, 10 Bedford Street said that her family has
resided at this address for forty-five years and very familiar with the
traffic, noise, service trucks, etc. She said at times the heavy
trucks shake the pictftres on the walls and in the summer the door must
be closed to enable them to hear on the telephone. She said that she
felt the children in the neighborhood are entitled to some protection.
She said that she thinks, where the bus line has no franchise on Bedford
Street, they should find some place on their route.
Mrs. Huberg Broderick, 9 Hancock Avenue said that she opposed to
the noise and fumes and also stated that her property would not be
worth as much as it is now if the garage were erected in the proposed
location. _
Mrs. A. F. Meyers, 13 Hancock Avenue said that she lives with
her father who has owned his home for fifty years. She said that any-
one knows that the buses will start at six in the morning, coming back
at midnight. She said that this is a business, but not during business
hours. She said that it will be seven days a week and the peace and
quiet of the neighborhood will be disturbed. She further stated that
it would be a detriment to the property.
Mr. Guy E. Dennison, 10 Hancock Avenue said that h:® is very much
opposed to the petition.
Mr. Robert Merriam, 1713 Massachusetts Avenue said that he
was the broker for Mrs. pfelapi in this sale. He said that he has
' been a resident of Lexington since his birth and has given this
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a great deal of careful consideration and has reached the conclusion that
it is for the general welfare of the Town that the petition should be
granted.
He said that when the petitioner was turned down at Five?-. Forks,
he consulted with the Board to find out the reasons. A member of the
Board told him that for a building of this size the area available, not
quite 2001 long and 100' in depth was not sufficient size for a building
of this kind. He found that persons opposed granting the petition. He
said that that would be the case of any proposed site,. He said the
property in question is zoned for business and surrounded by business
property, He said the railroad has been there for many years.
Mr. Merriam said that he had a meeting with the Selectmen and
the Board of Fire Engineers and they, after hearing the evidence,
worked out an agreement that Camelia Place would be widened 241
so far as.it goes through the Town property and that there would
be suitable and safe entrances on Bedford Street. Mr. Merriam said
that he hoped this petition would be granted.
Mr. Clarke said, in answer to Mr. Meyers, question, that at a hear-
ing of this nature those in favor do not appear and that those who
oppose do. He said that they need transportation. This is a business
district and generally speaking, he thought it was not unfavorable to put
a business in a business zone.
Mr. David,Delouryl, 99 Spring Street said that they need the
service. He said that after all the money and the time the Town
has ppent erecting a fire station, it was surprising that they would
put it on a street so heavily travelled and on a street so narrow.
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The Chairman said that he thought the Board had a picture of
both sides of the question and would therefore call the meeting closed.
Mr. McClary, attorney for the petitioner, said that the company
did operate three Diesels during the war at the time of the gasoline
shortage, but that they are not being used any longer. He also stated
that what the; company is asking for is not a bus terminal in any sense
of the word. He said that it is a garage for light repairs and storage,
and that there will not be a waiting room.
The hearing was declared closed at 9:45 p.m. and the Board
adjourned to the Selectment's Room, Town Office Building.
It was decided that the Chairman of the Board should confer
with the Selectmen on the subject and Mr. Nickerson agreed to con-
tact Mr. Emery, Chairman of the Board of Fire Engineers and that any
decision would be deferred until Wednesday evening, April 24.
Upon motion of Mr. Brown, seconded by Mr. Nickerson it was voted
to approve the records of the meeting held on March 27, 1946.
A true record, Attest:
/ � Terk,,-Bbard or AppeWls