HomeMy WebLinkAbout1946-08-1510'
BOARD OF APPEALS HEARING
August 15, 1946
A meeting of the Board of Appeals was held in the Select-
men's Room, Town Office Building on Thursday evening, August
15, 1946. The Qlerk was also present.
At 8:14 p.m. a joint hearing with the Board of Selectmen
was declared open upon the application of irs. Gertrude Mara for
permission to erect and maintain a gasoline and oil service station
on the premises owned by her and located at 9-11 Merriam Street.
Chairman Potter, Messrs. Locke, Rowse and Paxton of the Board
Of Selectmen were present. The petitioner, her attorney, Alfred
P. Tropeano, Messrs. Ralph H. Marshall, Harry C. Boyd, John H.
Devine and Mr. George Scbtt were also present.
Notice of the hearing was read by Mr. Ripley.
Mr. Alfred P. Tropeano informed the group that he was
representing Mrs. Mara, owner of the property. He said that the
property in issue has been in the Mara family for thirty years,
having been purchased by the late Edward Mara. He stated that
the income from the property at the present time is practically
nil. 11r. Tropeano said that the town will in the very near
future vacate the barn and move the fire apparatus out when the
new station is completed and the building will become a non-
paying structure. He said that if a 'block of stores was erected
on the premises, it is doubtful if rent could be derived sub-
stantially to warrant a structure to comply with the Building
Laws and he also doubted if there is sufficient demand in the a*rea
of the property to erect six or seven stores and rent them.
Mr. Tropeano said that the plans, which he was about to
disclose, were made by the Atlantic. Refining Company and they
will lease or purchase from tars. Tara whEn and if a gasoline station
is permitted to be erected.
The Chairman asked if the Atlantic Refining Company had an
option and Lr. Tropeano replied that there is an agreement. He
also stated that two other companies have studied the area and they
are in accord that it would be a suitable location. In preparing
the plans, Pyr. Tropeano worked with the engineers and insisted
that a Colonial type building be used for that location. Mr.
Tropeano presented a plot plan and explained it in detail.
He said that the Mara property consists of about 13,000
square feet. The plans call for two pumps on Merriam Street with
a 12 foot setback from the nearest sidewalk line. The ramps
and sidew&lk will be ciament. lie said that the filling station
itself will not face on I1erriam Street, but will face in the
same direction that the present block faces. There will be a
65 foot side yard from Merriam Street to the building. There
will be three pumps in the front of the building with a
capacity of 2,000 gallons each. There will be a store room,
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two wash rooms, heater room, a cinder area for parking cars
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and the building will be of red brick.
The Chairman asked how far the building would be from
Merriam Stteet and Mr. Tropeano replied that it would be
approximately 65 feet.
The Chairman asked.what hours the station would be open
and hir. Tropeano replied that they would keep open the cus-
tomary hours for gasoline stations. He said that there would be
no night hours as the Atlantic Refining Company does not believe
it profitable to operate stations at night.
The Chairman asked if there would be any floodlighting and
Mr. Tropeano replied in the negative.
Mr. Rich asked how much the property is assessed for and
Mr. Tropeano said that it was assessed for about $5,440.
Mr. Devine inquired as to the amount of the gross investment
and Mr. Tropeano replied about '35,000.
who wish-
The Chairman asked if therewere any persons present
heard
ed to speak in favor of the petition. wo one wished to be
He then asked if there was anyone present who opposed the
petition.
Mr. John Devine said that he was representing Mr. Scott,
owner of the Central Block. He said that two or three years ago
there was some discussion relative to converting the block into
a modern structure. He said that he regretted very mnah that ,
he was present to oppose anything that Mrs. Mara has any connect-
ion with, but that he has spent a good many years in connection
with the development of the town, and there are many objection-
able features relative to the proposed use of the property. He
said that Merriam Street is strictly residential and used
practically by the residents today.
Mr. Devine said that there is also a board question in the
matter. He said that very careful,study has been made to make
the town as attractive as possible with what it has to deal with.
He statedthat the Central Block has been an eyesore to the town
for a long time. It was at one time suggested that the building
be razed and a new building erected with a setback, using the
present fire station property. He said that if the plans could
go ahead as the Chandler & Co. desired, that would take a sub-
stantaial part of the new building for one of their outlying
stores. Mr. Devine said that the fact that there is a'$35,000.
investment here would indicate that there must be a substantial
amount of traffic to and from the station. He said that it would
havd to be assumed, if the station is established, that Merriam
Street and Massachusetts Avenue will be a very busy corner.
Mr. Devine said that the next question, from a broader
scopg, is whether or not this is necessary to the town. He said
that as far as supply and demand is concerned, the present stations
adequately take care of the requirements. He said,that, on the
other hand, he felt that the development of that particular
At 8:56 p.m. hearing was declared open upon the application
of the Community Nursery School, Incorporated for permission to
maintain and operate a nursery school and kind@egarten on the
premises located between Nos. 2295 Mass. Avenue and 2361 Mass.
Avenue, owned by Mrs. Joseph Valliere. Mr. Rich, having an
interest in the hearing, did not serve on the Board of Appeals.
There were sixteen persons present at this hearing.
Notice of the hearing was read by Mr. Locke.
Mrs. Robert Packard, 14 GleasonRoad explained that the
school is now being conducted at the old Belfry Club and the
corporation would like to erect a permanent building for the
school.
The Chairman asked if there were any plans showing the
proposed building and Mrs. Packard replied in the negative.
Mrs. Charles E. Teeter, 463 Concord Avenue said that they
intended to engage an architect and follow his advice, but that
they had to take steps in order, beginning with the land. She
' s id til =t an architect 'a n of ive Hier: ,plans until t ey h<<ve t� e
1Gnd. ✓
section as a permanent matter is of greater importance than
any other spot, and if the station is permitted to be erected,
there is very grave doubt as to the development of the Scott
U64, He said that building will simply serve its purpose
until it is ready to fall apart or is condemned, He said that
the value to the town if the Central Block is razed and a new
structure put up would be of more importance to the town econ-
omically than a gas station would be. Mr. Devine said that he
could see many disadvantages in permitting the use of the land
for the purpose requested. He said that it would, in his
opinion, be a detriment to the town.
Mr. Potter, Chairman of the Board of Selectmen, said that
the Board of Selectmen would much rather see this area become a
part of a parking area, either as a public parking space of of
any future development that might take place in that vicinity.
He said that the Selectmen also feel that the proposed use of
the property would create a traffic hazard at Merriam Street
and Massachusetts Avenue.
Mr. Tropeano asked if the Selectmen oppose the petition and
Mr. Potter replied that the Board believes that with the fire
station going out, there is a chance of having either a public
parking area of a parking area in connection with a store at
some future time.
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The hearing was declared closed at 8:55 p.m.
At this time the membePs of the Board of Selectmen, with
the exception of Mr. Locke, and those present for the Mara
hearing retired.
At 8:56 p.m. hearing was declared open upon the application
of the Community Nursery School, Incorporated for permission to
maintain and operate a nursery school and kind@egarten on the
premises located between Nos. 2295 Mass. Avenue and 2361 Mass.
Avenue, owned by Mrs. Joseph Valliere. Mr. Rich, having an
interest in the hearing, did not serve on the Board of Appeals.
There were sixteen persons present at this hearing.
Notice of the hearing was read by Mr. Locke.
Mrs. Robert Packard, 14 GleasonRoad explained that the
school is now being conducted at the old Belfry Club and the
corporation would like to erect a permanent building for the
school.
The Chairman asked if there were any plans showing the
proposed building and Mrs. Packard replied in the negative.
Mrs. Charles E. Teeter, 463 Concord Avenue said that they
intended to engage an architect and follow his advice, but that
they had to take steps in order, beginning with the land. She
' s id til =t an architect 'a n of ive Hier: ,plans until t ey h<<ve t� e
1Gnd. ✓
She
said that they would like a one story building and that they
would have to have two large rooms. They would like to have it
sxposed on the southeasterly side with as much glass as
possible and closed on the north side.
The Chairman asked how many pupils they expected to have and
Mrs. Teeter replied about 36. She said that they could not
handle more than that number in the size building they expect
to erect.
The Chairman asked the size of the lot and Mrs. Teeter said
that it is about two acres.
Mr. Elmer Funkhouser said that the corporation would event-
ually spend $15,000. to erect the building, and they will have
to have approximately 3,000 square feet of land. He said that
the building would be one story, durable, have a central hearing
unit, toilet facilities and drainage. He said that all or most
of all of the land will be completely fenced. He said that they
would want to have, in back of the building, playground equip-
ment consisting of jungle jims, seesaws, swings, slides and sand
piles, all built in an orderly fashion. He stated that the school
is for children 3, 4, and 5 years old -- preschool age. He said
that they have no intention of expanding beyond that point.,
The Chairman asked how many instructors would be connected
with the school and Mr. Funkhouser said that they have about
12 pupils per adult. He said that they have operated with two
paid instructors and one parent.
The Chairman asked if there would be any signs and bars.
Teeter said that they would merely have a name plate.
Mr. Funkhouser said that they may have to postpone the
actual construction of the building until 1948, but they have
an opportunity to purchase the land now.
Mr. Frank Heady, 2246 Mass. Avenue said that on the left
hand side of Mlass. Avenue, coming up from Lexington Center, is
property of Frank Heady, Helen A. McCaffrey and I,r. Barnes. He
said this represents about seventeen acres of building land. he
said that on the other side of the street is land owned by Mr.
Vaughn and Mr. Neville comprising about four or five acres, making
a total of about twenty-five acres of residential property
abutting the proposed school location. I..r. Heady said that as a
property owner he is opposed to the petition.
Mr. William J. Neville, 2361 Nass. Avenue said that when
he purchased his property, he understood that it was in a strict-
ly residential area and that he would be inclined to vote against
anything at all that would be 6f any nature �_t commercialize the
locality. he said that eventually there will be kindergartens
in the public schools.
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' Mrs. Helen A. r:cCaffrey, 33 Pa ker Street said that
she owns the property at 2246 No.2318 Massachusetts Avenue,
that the land has all been surveyed and she has a plan of it
laid out in house lots. She said that she has had opportunities
to sell the property for commercial purposes, but has refused
inasmuch as it is now a residential area and she desired to have
it kept as such. She said that she is opposed to any change.
Mr. Roy Johnson, 2295 Mass. Avenue said that his property
abuts the land of the proposed kindergarten. He said that he
has invested quite a lot of money in his property and did not
do so with any thought in mind that he was going to be next
door to a school. He said that he thought a school would
reduce the value of his property and also interfere with the
peace and quiet of the neighborhood. He said that he felt
very strongly opposed to it.
Mrs. George Vaughn, 2361A Mass. Avenue said that her
property is less than 400 feet from Mass. Avenue and the
proposed school property extends 700 feet from the Avenue.
She said that if there are about 35 or 40 children, their
playground will be almost to her windows and she felt that
the noise would be objectionable. She also said that she
did not believe a fence would add to the charm of the
' property.
Mr. George L. Barnes, 2318 Mass. Avenue said that he
owns the property across the street from the proposed build-
ing, and that he is opposed to a school so close to his
property.
Mrs. Packard explained that the reason they have a kinder-
garten is because there are no kindergartens in the public
schools. She said that when there are kindergartens in the
schools, the corporation will have a nursery school only. She
said that they are organized under a charitable charter and
therefore she did not feel that the school was a commercial
enterprize.
Mr. Runkhouser said that the school would be open from
9:00 a.m. until 12:00 or 1:00 p.m. He stated that the child-
ren are in doors 80% of the time and taken out in groups
with supervision. He said that the school is not a commercial
school, its function being to bring parents and children
together. He said that one of the requirements is that the
parents join. Every parent does something in connection with
the school, and only the teachers are paid. He said that none
of the officers draw any compensation and that the school is
not operated for profit.
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Mrs. McCaffrey asked if
only the teachers were paid and
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Mr.
Funkhouser replied in the
affirmative.
Mrs. 11cCaffrey asked if
the property would be taxed and
Mr.
Funkhouser said that as a
charitable ihst-itiutionit would be
tax
free.
The hearing was declared
closed at 9:50 P.M. and the group
retired.
At 9:51 p.m. hearing was declared open upon the application
of Mr. M. J. Aruda, 329 Mass. Avenue for permission to erect an
addition to the rear of his present garage building. Mr. Rich
served on the Board at this hearing.
No persons appeared in favor or in opposition.
Mr. Aruda explained that he has gone into the fuel oil bus-
iness and purchased a new truck which is too large for his
present lube. He presented a plan showing the proposed addition
which will be fire proof, cement block.
The Chairman asked why the roof was not going to be extended
and Mr. Aruda stated that at the present time it would be too
expensive.
The hearing was declared closed at 10:00 p.m.
At 10:01 p.m. hearing was declared open upon the application
of Edward A. Lerner, 53 Hancock Street, for permission to con-
struct a dwelling on a lot on Hayes Avenue which will not have
the required frontage.
No persons appeared in favor or in opposition.
Mr. Edward Lerner, Jr. said that he was appearing for his
father who signed the application because it is his land. He said
that his father has given him a piece of land on which to build a
house. He presented a sketch of the property and explained what
he proposes to do. He said that he will have 851 but has not
been able to purchase enough land to give him the required 1001.
The Chairman asked if Mr. Lerner would sign an agreement to
purchase the land if the Board of Appeals granted his petition
and he replied in the affirmative.
The Chairman asked if there would be any change in the land
and Mr. Lerner replied in the negative.
The hearing was declared closed at 10:05 P.M.
It was decided to defer any decision until Thursday evening,
August 22, 1946 and the Clerk was instructed to endeavor to have
five members present.
The records of the hearing held on July 252 1946 were
declared approved.
A tru@ record, Attest: I
/ e , and of Appjbais.
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