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
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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
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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:
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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
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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
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