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HomeMy WebLinkAbout1946-04-24\36 SEE PAGE 27 A meeting of men's Room, Town 1946 at 8:00 p.m. Associate Members was also present. BOARD OF APPEALS MEETING April 24, 1946 the Board of Appeals was held in the Select - Office Building on Wednesday evening, April 24, Chairman Bowker, Messrs. Brown, Nickerson, Ballard and Ripley were present. The Clerk J A lengthy discussion was held pertaining to the petition of the Lovell Bus Lines, Inc. for permission to erect and maintain a garage for storage and 'light repairs on the property of Elizabeth C. Phelps and located on Bedford StreeV, Lexington. An advertised public hearing was held 6n April 18, 1946, but no decision was made at the close of the hearing. Dir. Nickerson reported that the Board of Fire Engineers apparently had no objection to the erection of the garage on the proposed location. The Chairman reported that he had met with the Board of Select- men and was informed that the street (Camellia Place) would be widened and have a paved surface of approximately twenty-four feet, and that the Town would have a right of way. Consideration was given to the arguments for and against the petition and upon motion of Mr. Brown, seconded by Mr. Nickerson, it was unanimously voted to grant the petition in ' the following 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 Lovell Bus Lines, Inc. 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 18th day of April, 1946. Three regular and two associate 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: At this hearing evidence was offered on behalf of the petitioner tending to show: That the Lovell Bus Lines, Inc. wished permission to erect and maintain a garage on the premises now owned by Elizabeth C. Phelps, said garage to be used for the storage of not more than sixteen (16) buses and for light repairs; that the garage would be erected on a plot of land in the re o tuh pER�osed Ontral Yire sgt�ttRn shown on o plana ac e o s pets on a so tFia a garage wou e of first-class construction and one story in height as indicated 1 1 n on sketch appended. The petitioner stated that the garage would include a service room for light repairs, but that there would be no heavy work and nothing that would create any undue noise; that there would be no machinery installed in the garage except a compressor necessary for obtaining air pressure for tires and greasing; that access to this garage would be over Camellia Place which will be enlarged so as to provide a paved surface of approximately twenty-four feet (24'� in width. The petitioner also stated that they did not intend to use Hancock Avenue in gaining access to the property. The petitioner stated that all crank case drainings would be taken away; that the lighting would be fluorescent and that there would be no flood lighting of the yard. The petitioner stated that the company needs the garage to improve the servied and that this garage would enable them to provide additional service on some of the present routes. Mr. Robert C. Merriam presented a letter from the Planning Board stating that it was the majority opinion of those members of the Board present at the meeting held on March 20, 1946 that the site would be a suitable one for this use provided Camellia 'Place were improved and that buses do not go over Hancock Avenue and Hancock Street, Mr. John Fayton of the Lovell Bus Lines, Inc. said that they intended to operate Prom approximately six in the morning until midnight. Mr. Alfred E. McClary, attorney for the petitioner, stated that the petition is not for a bus terminal in any sense of the word but only for a garage for light repairs and storage and that there would not be a waiting room. Approximately eleven (11) of the citizens of Lexington spoke in favor of the petition. Some 131 signatures were received on a petition in favor of granting the permit. These citizens stated that they felt that the erection of this garage would enable the bus company to improve its service. In opposition, approximately eleven (11) citizens spoke and presented a petttion signed by 49 of the 56 property owners in the vicinity who were notified of this hearing. These citizens felt that the erection of said garage would be detrimental to the neighborhood, would depreciate their property and would create additional fire and traffic hazard. At the close of the hearing the Board in private session on April 24, 1946 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 38 a a 1. That in its judgment the public convenience and welfare will be substanitally 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 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 pareel 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 petitibner 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 the erection of a one-story garage for the storage of not more than sixteen (16) buses used by the Lovell Bus Lines, Inc. and for light repairs only on said buses. This permit is subject to the following conditions: That the said garage shall be of first-class construction and will be approximately 1201 x 80' in floor area as indicated in drawing appended, and located on land as shown by sight plan dated March 21, 1946 prepared by Esgar & DeVincentis� architects; that no fixed power driven machinery except compressor equipment may be used in this building; that this garage building shall not be enlarged or materially altered without a public hearing and further permission by the Board of Appeals; that this garage shall be used for storage and light repair purposes only and not for a bus terminal where passengers enter and leave buses or where arrangements are made with the public for transportation No waiting room shall be ppovided; that all busses shall enter or leave the garage only over a roadway to Bedford Street having paved surface of approximately twenty-four feet (241) or more in width; that buses shall not travel over Hancock Avenue in order to enter or leave the premises; that there shall be no loitering of employees about the grounds and no loud noises that might be objectionable to the neighborhood other than usual noise due to the movement of buses; that the garage and premises shall be kept in a neat and orderly condition at all times; that no surplus, defective or obsolete equipment shall be kept on the premises outside of the building; that there shall be no flood lights installed on the premises; that signs will be of reasonable size; that there shall be at no time any parking of vehicles on ' Camellia Place for its entire length and that the Lovell Bus 39 Lines, Inc. insofar as possible shall have its employees park §heir cars on the land north of Camellia Place; that there shall be no fires for the burning of grease or oily refuse material on the premises; except under unusual weather conditions there will be no entering or leaving of the garage between the hours of approximately 12:30 a.m. and 6:00 a.m. 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 forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws.) Winthrop H. Bowker J. Milton Brown A. I. Ripley D. E. Nickerson Walter C. Ballard I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 4th day of April, 1946, to Harry C. & Edith M. Boyd, Carl F. & Ira M. Stucke, Viano Properties, Inc. Lexington Lumber Co., Richard J. LeGraw, F. K. Johnson, Elizabeth C. Phelps, Castanet Bros., May S. Harrington, Katherine J. Swan, David A. & Mildred Kirkbright, Dora H. Patrick, Leslie H. & Thelma R. York, AuAley & Euphemia Brown,Alicb. T. McCarthy, William A. & Anna J. Rice, Marion A. Burke, First Congregational Society, Edward Plugis, Gerald A.'& Jean S. Baxter, Edward C. Maguire, Gertrude L. Woodall, Janet D. Jackson, Ruth B. Jackson, Bradford C. & Mary H. White, Johne& Annetta J. Plugic, Thomas & Dorothy G. Pearson, Theodore A. & Mabel Custance, Mary I. Ormand, Axel Sorensen, Joseph A.Rgss, Geneva M. Brown, Edith A. & Helen S. Tuttle, Marion C. & Helen M. Little, Mary E. & Florence M. Boyd, Mary E. Winchenback, Neil & Lila M. McIntosh, Hubert D. & Guyetta Broderic, Lovell Bus Lines, Inc. Guy E. & Harriet M. Denison, Vincent DeVincentis, Robert C. Merriam, Frank H. & Florence P. Tobin, Cyril V. & Ruth P. Seymour, Bridget A. Winn, Katherine Corbett, William & Richard G. Gibson, Amy, P. Morse, Ellen Swan, Lulu B. Montague, Leslie D. & Evelyn H. Martin, Helena C. Ryan, Helen E. J. Ryan, Carroll Ryan, Robert Ryan, Gertrude Sheehan, John & Urena A. Moakley, Albert I. Carson, Henry J. & Dorothy M. Johnson, John Condin, Minnie S. Britton, James S. & Rose M. Robb, Josephine E. Bailey, Maude K. Swan, William A. Cann, Edwin B. Worthen, Lexington Masonic Associates, Walter G. Black, and also advertised in the Lexington Minate.man 11 an April 4, 1946, a notice of which the following is a true copy. Hazel J. Murray U er , B ard of Appeals N 0 T I C E The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of Lovell Bus Lines, Inc. for permission to erect and maintain a garage on the premises now owned by Elizabeth C. Phelps, and located at 47 and 49 Bedford Street, under the Lexington Zoning By-law and in accordance with General Laws,*Chapter 40, Sections 25 to 39 as amended: The hearing will be held on Thursday, April 18, 1946 at 8:00 p.m, in the Selectmen's Room, Town Office Building, Lexington, Mass, Winthrop H. Bowker Chataman, Board of Appeals Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts 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 of the Lexington Zoning By-law with respect to the premises at No. 47 & 49 Bedford St. owned by Elizabeth C. Phelps of Lexington by permitting the following Erectioi'i and maintenance of garage. Lovell Bus Lines, Inc. Maynard, Mass. V. DeVincentis The meeting adjourned at 10:50 P.M. A true record, Attest: �a y/au ra Ulerk,VBoard of Appeals 1 1 1