HomeMy WebLinkAbout1946-09-12BOARD OF APPEALS MEETING
September 12, 1946
A meeting of the Board of Appeals was held
in the Selectmen's Room, Town Office Building, on
Thursday evening, September 12, 1946. Chairman Bowker,
l'ilr. Redman, Mr. Nickerson, Mr. J. Milton Brown and
Associate Member Ripley were present at the hearing.
The Clerk was also present.
At 8;00 p.m., hearing was declared open upon the
petition of Clifford B. Wildes for permission to alter
a building into a single family residence. Notice of
the hearing was read by Hr. Redman.
Mr. and Mrs. lVildes and Clifford B. Wildes, Jr.
were the only persons present at the hearing.
At 8;16 p.m. hearing was declared open upon the
peition of John L. Pichette, Bertha V. Pichette and
Lillian D. Parks for permission to erect and main-
tain a gasoline and oil service station on the premises
owned by John L. Pichette, Bertha V. Pichette and Lillian
D. Parks located at 847-855 Massachusetts.Avenue.
There were 18 persons present at the hearing. The
notice was read by Mr. J. Milton Brown.
Mr. Alfred Tropeano, speaking for the petitioner,
stated that he wished to vary the application of the
Lexington Zoning Law. The land involved is a vacant
lot on the corner of Curve Street, and the next two
lots on Massachusetts Avenue upon which there are three
Mr. Wildes stated that he owns the building now
in question. It has been
used as a hen house, is
about six years old. Mr.
Lindstrom stated that he
could not issue a permit.
imately 87 feet from any
The building is approx-
house. The lot line in back
is about 30 feet. The lot
has never been sub -divided.
It is owned by Mr. Wildes
and his two sons. This
building will be for his
son's use (an ex -G. I. who
is getting married). Mr.
Wildes would be satis-
fied to have permit for five
years. Mr. Nickerson
stated that the question
at issue is only sub-
division of the lot. The
hearing was declared closed
at 8;15 p.m.
At 8;16 p.m. hearing was declared open upon the
peition of John L. Pichette, Bertha V. Pichette and
Lillian D. Parks for permission to erect and main-
tain a gasoline and oil service station on the premises
owned by John L. Pichette, Bertha V. Pichette and Lillian
D. Parks located at 847-855 Massachusetts.Avenue.
There were 18 persons present at the hearing. The
notice was read by Mr. J. Milton Brown.
Mr. Alfred Tropeano, speaking for the petitioner,
stated that he wished to vary the application of the
Lexington Zoning Law. The land involved is a vacant
lot on the corner of Curve Street, and the next two
lots on Massachusetts Avenue upon which there are three
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buildings. The vacant lot is owned by Lillian
Parks. There is a repair shop to the rear of one
of the houses; also a gasoline pump, a permit for
which was issued in 1931. This is #851 Massachusetts
Avenue. #855 Massachusetts Avenue has a 47 foot
frontage, the next lot a 40 foot frontage, with a
two family house upon it. There is approximately
13,000 square feet of land involved - a three family
house and a non -conforming repair shop. Mr. Tropeano
showed the members of the Board a plan of this
property taken from the Engineering Department.
At #847 Massachusetts Avenue the land is valued
at $705.00, and the house at $2 000.00; #855 Massa-
chusetts Avenue - the house at
31,000.00, garage at
$600.00 and the Land at $1,875.00. The lot owned
by Lillian Parks is valued at $1,000.00 and the
garage at $500.00 totaling $1,500.00 on that area,
or a grand total for three parcels of lknd of
$9,880.00.
The plans call for the demoliton of the three
buildings and the erection of a colonial style gasoline
station on the premises. The lay -out as proposed was
shown by Mr. Tropeano to the Board. It calls for 2
3,000 gallon tanks, the island 12 feet back from the
sidewalk and approximately 20 feet from the street,
the building set back about 37 1/2 feet and 36 feet
from the southerly line, 10 feet from the Crown line.
There will be two approaches - concrete aprons -
bituminous driveway - evergreen hedges on three sides.
The architect's sketch for the proposed station was
shown and the plans circulated among the persons present.
Mr. Tropeano stated in answer to a question from
Mr. Bowker that they intended to store 6,000 gallons
of gasoline. lair. Emmons, representing the Sun Oil
Company, said the station would be open the same
hours as the others in the t6wn, and that just one
sign would be used. Mr. Redman asked how far this
proposed station would be from the one at the corner
of Maple Street. Mr. Tropeano said about 1/3 of a
mile.
Mr. Tropeano further stated that he sent out
a letter to the various persons interested in this
proposal as follows;
1
13T,
"You will in the very near future receive
a notice from the Town of Lexington notifying you
that a hearing will be held to erect and maintain
a retail gasoline station at the premises numbered
847-855 Massachusetts Avenue, Lexington. This area
takes in the northerly corner of Curve Street and
Massachusetts Avenue and includes the vacant lot,
the three family house, the two-family house, and the
old barn used as a repair shop to the rear of the
three-family house. The plans provide that these
three buildings shall be torn down and a modern
colonial - architecture gasoline station erected on
the premises.
There is, at the present time, a gasoline permit
for the premises numbered 855 Massachusetts Avenue
and the present application, in substance, seeks an
expansion of the present existing gasoline permit.
This letter is intended to give you a brief state-
ment of what is sought by the application and hearing.
If you desire to be more enlightened on this matter
before the hearing you are at liberty to telephone
me either at my office, or at my home during the
evenings at Lex. 1808.
If you have no objections to the removal of those
three old, dilapidated buildings and the erection of
a modern gasoline station and the extension of the
existing gasoline permit, I a.m. enclosing a short
statement for your signature and return to me in .the
envelope.
Sgd. Alfred P. Tropeano"
Mr. Tropeano stated that he received 33 signatures
in favor of granting the petition for the station with
the understanding that the three old bmildings be de-
molished. Those in favor were; William D. Adair,
Marguerite P. Adair, Mrs. Aleah Canessa, Edward W.
McNamara, Anastatia A. Walsh, Elizabeth T. Lowe, Mrs.
Annie Kenney, Fanny P. Crown, Annie B. Fraser, Mrs.
Leona 0. Truesdell, George E. Wardrobe, Josie E.
Wardrobe, Amelia Gustaysen, Mrs. Alice G. Karshall,
John Fowle, Annie H. Fowle, Lizzie E. Lowell, Mrs.
Annie Pero, Bertha L. Hanson, Albert G. Hegy, Helen
C. Hegy, Henry T. Peabody, C. Clifford Hanson, Emma
B. Hanson, Mrs. Aina Chapman, Mrs. Ella M. Fletcher,
Harry Hanson, Mrs. G. T. Buttaro, Gaetano Buttaro,
'
Patrick J. Furdon, John Kenealy.
13�
The Sun Oil representative in answer to a
question stated that the number of persons to be
employed will depend upon the volume of business.
They would like to have a local representative.
There will be no repairing done at this station -
it is to be merely a regular service station. Mr.
Bowker asked what they would have in the way of
equipment and Mr. Emmons said they would have a
compressor and lubricating equipment. Mr. Tropeano
said that on a three-day survey made by the Sun
Oil Company 670 of the automobiles traveling by
this location come out of or turn into pleasant
Street. Mr. Tropeano wished to inform the Board
that Father Desmond did not have any objections
to this petition.
Mr. Arthur B. Field, 20 Chase Avenue, spoke
in opposition to this petition. He stated that
there is no need for another station; Standard Oil
Co. and a station in the next block and had to
close for lack of business before the war. On
Massachusetts Avenue from Maple Street to the
Arlington Line there are five stations all on the
some side as the proposed station. Mr. Field is
the operator of the repair shop at #851 Massachusetts
Avenue. He believes there is a definite need for a
repair shop and this fact is borne out by 17 yearst
success. Mr. Field does not believe there is any-
thing the matter with the houses on the proposed land
that cannot be taken care of by repair work. He
feels that the people in the neighborhood would feel
entirely different if this work were done. There
are many houses in this vicinity much older than
these. His shop is the only repair shop between the
Colonial Garage in Lexington Center and the F aulking-
ham garage at Oak Street.
The granting of the permit would cause Mr. Field
to be out of a job. He has been a resident of Lex-
ington for the past 28 years and is a property owner.
During the depression he employed several Lexington
men. As regards his shop being a fire hazard, only
once in 17 years has the Fire Department been called
down and this was for an oil burner fire. If this
permit is granted those persons living in the houses
will have no place to live. -
Mr. Emmons suggested that Mr. Fields be hired
to run this station, but he was not interested.
r
13%
IMr.
Vernon C. Page, 12
Independence
Avenue,
said
he was very anxious to have
something done about
the
"eye -sores".
He spoke about
the traffic
c=ongestion
a
station would
cause and whet
would become
of it
if it
did not pay.
He has no objection
to the
station
as
it appears on
the sketch.
Mr. James Holt, 1062 Massachusetts Avenue, owns
property at 935 1.4assachusetts Avenue. He has lived
in town for 23 years, and there has been a gr•adutl im-
provement in property along Massachusetts Avenue. The
two houses are "eye -sores". A gas station would offer
some traffic problems because Massachusetts Avenue is
very narrow at that particular spot. The granting of
the permit should be made upon prior removal of the
buildings.
Mrs. Arthur Field objects because of the traffic
hazard a station would cause. It would be dangerous
for the children.
Mr. Clifford Hanson, 905 Massachusetts Avenue,
thinks a station would be a traffic hazard, but that
this would be an improvement over what is there now.
' Mr. Hargreaves, 1071 Massachusetts Avenue, stated
that most of the people signin the petition did so
because the station was the lesser of two evils. He
has no objection if the buildings are dismantled prior
to the erection of the station.
Mr. Tropeano stated that the C. P. A. require-
ments would have to be lifted first before the erection
of the station, as the Legal department is not grant-
ing any permit to demolish housing units. Once housing
is improved, they would grant a permit. There would
be a minimum of 10 months before any person would have
to bet out as the tenants are protected by the 0. P. A.
The Sun Oil Company would not do anything until the
houses were demolished.
Iv1r. Petaro, 837 Massachusetts Avenue, asked Mr.
Pichette his intentions about this property, and he
stated that the revenue from these houses does not
warrant any repair work.
Mr. Redman asked how far away this property was
from the Fire Station. Mr. Tropeano said about 1/4
of a mile.
140
a
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Mr. Crown, 26 Curve Street, stated that Mr.
'
Fieldts garage is at the back of his house. There
are old cars and machinery around the place at all
times:. Very untidy looking. Mr. Tropeano stated
that this is commerical property.
The hearing was declared closed at 9;05 p.m.
At 9;07 p.m. hearing was declared open upon the
petition of Ralph Wells, M. D. for permission to sub-
divide a parcel of land at 1430 Massachusetts Avenue
for a building lot which will not have the required
frontage.
Notice of the hearing was read by Mr. Redman.
Five persons attended the hedrin g.
Dr. Wells stated that the property has had a
frontage of about 203 feet. lie has an 80 foot frontage
on the Avenue on this particular parcel, with boundary
lines 7 1/2 feet from the building. The plan of this
property was 'submitted to Mr. Bowker, and came from
the Engineering Department records. Dr. Wells wished
to change the barn into a house for some G. I. It ,
has a cellar of cement. It would not be practical to
sell the land without the garage. There is 15 feet
between the proposed line and the house.
Mr. Redman asked Dr. Wells if the barn would be
made over into a house right away if the permit were
granted. Dr. Wells stated that he would put the land
up for sale.
The plans were looked over by the persons attend-
ing the hearing.
Mr. Willard, 1444 Massachusetts Avenue, spoke in
opposition to the granting, of this petition. He felt
that it would be detrimehtal to his property. Mr. Dexter
Smith, 2 Towland Avenue, also felt the same way, as did
Mr. Woodbury, 1454 Massachusetts Avenue.
Mr. Willard spoke for Dir. Moore who has objections
to the granting of this petition, and Mr. Costello,
Slocum Road, who also objects. Mr. Willard feels that
the Zoning Laws should not be changed as one case
leads to another.
The property in quest has been used for gardens
by Dr. Well's }neighbors. The dimensions of the barn
are 22t by 241, one and one-half stores, slate roof.
I
The hearing was dedlared closed at 9;27 p.m.
The Board then considered the application of
C. B. Wildes. Upon motion of Mr. Redman, seconded
by Mr. Nickerson, it was unanimously voted that the
application of Clifford B. Wildes be denied in the
following form;
BOARD OF APPEALS DENIAL
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 Clifford B. Wildes, Sr., 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 Lex-
ington, which hearing was held in the Selectmen►s
Room, in the Town Office Building on September 12,
1946.
Four regular and one associate member 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 change the present
building which is twenty-four feet by eighty feet,
formerly used as a hen house, into a dwelling and
a storage room. The petitioner stated that this build-
ing was located on a lot having a perimeter of over
one thousand feet on which there was alrecdy a residen-
tial dwelling. The petitioner stated that this dwelling
would be used to house only one family.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show;
No-one appeared in opposition to the granting of
said petition.
At the close of the hearing the Board in private
session on September 12, 1946 gave consideration to the
subject of the petition and voted unanimously in favor
of the following findings:
1. That in its judgment the public convenience and
welfare will not be substantially served by the making
of the exception requested'.
142 �
2., That the exception requested will tend to '
impair the status of the neighborhood.
3. That the exception requested will hot be in
harmony with the general purposes and intent of the
regulations in the Lexington Zoning By-law,
4. That the enf orcement of the Lexington Zoning
By-law as to the locus in question would not involve
practical difficulty and unnecessary hardship and
the relief requested may not be granted without
substantial detriment to the public good and with-
out substantially derogating from the intent and
purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board here-
by denies the said petition of Clifford B. Wildest
Sr. to alter a building into a single family residence
at 74 Winter Street, Lexington, The Board does
not feel that permission should be granted for
the location of two residence dwellings on one lot.
The Board hereby makes a detailed record of all
its proceedings relative to such petition and here-
by 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 a public
record and that notice of this decision shall be
mailed forthwith to each party in interest.
BOARD OP APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
/s/ Winthrop A. Bowker
J. Milton Brown
D. E. Nickerson
Lester T. Redman
Aiden L. Ripley
I, Hazel J. "Murray, Clerk of the Board of
Appeals of Lexington, appointed under General Laws,
Chapter 40, Section 27, hereby certify that I sent
by postage certificate of mailing on the twenty-second
of August; 1946, to Clifford B. Wildes, Jr., Clifford
B Wildes, Sr., Farwell E. & Annie L. Thayer, Kennis
M. Welch, Harry W. & Mattie M. Easthian, Eva Rhones,
Mabel Beach, et al, Norman S & Arthur OtSullivan,
Vera M.&, Wildred D. Sanford, Winnifred B. Sharkey„
Christine P. Hodgdon, Edwin T. Carr, James F. & Elizabeth
Casey, Owen R. & Margaret A. MacDonald, Santa Hausherr,
Michael J. Mahoney, George H. Haynes, Peter S. Walsh,
Walter S. & Dorothy M. Harrington, Benedetto Cavallaro,
Richard,T. & Sadie E. Wilton, Alexander R. & Emeline
.MacLean, Mario J. & Angela M. Crovo, Ettore Fortini,
Giuseppe Fortunati, Fred J. Gardini, Ada E. Berg,
Lottie M. Kendrick, Demenick & bnalie Iovino, Ronald
C. Dempsey, William J. & Helen D. Weisensee, Annie M.
Barnett, and also advertised in the Lexington Minute -
Man on August 22, 1946, a notice of which the following
is a true copy.
/sf Hazel J. Murray
' Clerk, Board of Appeals
N O.T I C E
August 22, 1946
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning Law
by permitting on the premises owned by Clifford B.
Wildes, Sr., and located at 74 Winter Street, Lex-
ington, the alteration of a building into a single
family residence, under the Lexington Zoning Law
or in accordance with Chapter 40, Sections 25 to 30 as
amended of the General Laws.
The hearing will be held on September 12, 1946
at 8;00 P.M. in the Selectmen's Room, Town Office
Building, Lexington, Mass.
WINTHROP H. BOWEER
Chairman, Board of
Appeals
1
143
144
oTul 'y 313, 1946 ,
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
90 of the Lexington Zoning By-law with respect
to the premises At No. 74 Minter Street, owned
by Clifford B. Wil'des, Sr., of Lexington by
permitting the following;
Remodeling of a Building into a one
family residence.
Clifford B. Tildes, Jr.
74 Winter Street
Lexington, Mass,
The Board next considered the.application
of Ralph Wells, M. D. Upon -motion of Mr. Nicker-
son, seconded -by Mr. Redman, it was unanimously
voted that the application of Ralph Tells,
M. D. be denied in the following form;
BOARD OF APPEALS DENIAL
The Board of Appeals', acting under the
Lexington Zoning By-law and'General Laws,
Chapter 25 to 30 as amended having received a
written petition addressed to it by Ralph H.
Wells; M. D. , a copy of which is hereto annexed,
held a public hearing thereof of which notice was
mailed to the petitioner and to the owners of all
Property deemed by the Board to ae affected there-
by 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 SeptembsP 12, 1946.
1
Four regular and one associate member 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
sub -divide a parcel of land located at 1430 Massa-
chusetts Avenue for a building lot which would not
have the required frontage under the Lexington
Zoning Law. The petitioner presented a pencil
-sketch which indicated that the proposed lot would
have -'a frontage of approximately seventy-two feet,
and an area in the vicinity of twelve thousand four
hundred square feet.
Evidence was offered on behalf of citizens
opposing the granting of the said petition tending
to show that sub -division of this lot would be detrimental
to -their property, and contrary to the Zoning Law. Three
members in the immediate vicinity spoke against the
granting of this petition. One letter was received
from Ernest and Elizabeth Martin stating that they
were in favor of granting the petition.
At the close of the hearing the Board in private
' session on September 12, 1946 gave consideration to
the -subject -of the petition and voted unanimously in
favor of the following findings-.
1 That in its judgment the public convenience
and welfare will not be substantially served by the making
of the exception requested.
2. That"the exception requested will tend to
impair the status -of the neighborhood.
30_ That the exception requested will not be in
harmonT,rwith the general purposes and intent of the
regulations in the Lexington Zoning By-law.
4. That the enforcement of the Lexington Zoning
By-law as to the locus in question would not involve
practical difficulty and unnecessary hardship and the
relief requested may not be granted without substan-
tla "detrimen.t to the public good and without sub-
stanti lly derogating from the intent and purpose
of sue Lexington Zoning By-law.
1
9
146
Pubsuant to the said findings, the Board hereby '
denies the said petition of Ralph H. Wells, Medical
Dostor, for permission to sub -divide a parcel of land
Ionated at 1430 Massachusetts Avenue for a building
lot which would not have'the required frontage under
the Lexington Zoning Law.
The Board hereby makes a detailed record of all
its proceedings 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 a public
record and that notice of this 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)
/s/ Winthrop H. Bowker
D. E. Nickerson
J. Milton Brown
Aiden L. Ripley
Lester T. Redman
I Virginia Be Tarbell, Clerk of the Board of
Appeals of -Lexington'. appointed under General Laws,
Chapter 40, Section 27, hereby certify that I sent
by -postage certificate of mailing on the twenty-
ninth of August; 1946, to Ralph H. & Edith H. Wells,
Dexter A: Smith, Ernest C. & Elizabeth W. Martin,
Victor H. & Ida Harmon; Lee E. & Priscilla Tarbox,
Anstiss S. & Mary Hunt, Alfred F. & Marion N. Doyle,
Philip N. & Lulu Foulleys, Annie & James Phillips, C.
Wesley Smith, Florence Hamlin, Susan L. Ball, Ellis
W.Tower, Harold N. & Rachael Welch, Thomas S. Grindle,
' William E. & Mary Be Gardner, Donald Wilson et al,
Stanley T. & Luella s. Cobb, Alice E: Wright, Harvey
& Lillian E. Atkinson, Norman Ellard, William M. &
Sarah R. Hall, Frannie Be Love, Elmer"M. & Gladys
Funkhouser, Annie F. Shepard, Emily G: McLearn,
Herbert -G. & Alice M. Gordon, Elwyn G. Preston,
Ralph A. & Dorcas Nason, Bertha V. Hayward, Leonard
Vo .& Winifred Short, Marie L. Bonney,.Lewis F. &
Sarah Williard, Hazel S. Moore, Thomas L. & Helen Thomas,
Edmund J. & Helen Costello, Warren E. Russell, James J.
Walsh, and also advertised in the Lexington Minute
Man on August 29, 1946, a notice of which the following
is a true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals
N 0 T I C E
August 29, 1946
The Board of Appeals will hold a hearing on the
matter of varying the application of the Zoning Law
upon petition of Ralph H. Wells, M.D. for permission
to sub -divide a parcel of land, located at 1430 Massa-
chusetts Avenue, for a building lot which will not have
the required frontage, under the Lexington Zoning Law
and in accordance with General Laws, Chapter 40, Sections
25 to 30 as amended.
The hearing will -be held on September 12, 1946 at
8;30 p.m, in the Selectmen's Room, Town Office Build-
ing, Lexington, Mass,
WINTHROP H. BOWHER
Chairman, Board of Appeals
August 26, 1948
Lexington.Board of Zoning Appeals
Torn Office Building
Lexington, Massachusetts
Gentlemen.-
The
entlemen;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 9C of the Lexington Zoning By-law with respect
148
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to the premises at No. 1430 Massachusetts Avenue,
owned by Ralph H. and Edith H. wells of Lexington
by permitting the following, Sub -divide a parcel
of land for a building lot which will not have the
required frontage.
Ralph H. Wells, M.D.
1430 Mass. Ave.
Lexington, Mass.
The Board then considered the application of
John L. Pichette, On motion by Mr. Brown, seconded
by Mr. Redman, it was unanimously voted that the
application of John L. Pichette be denied in the
following form;
BOARD OF APPEALS DENIAL
The Board of Appeals, acting under the Lex-
ington Zoning By-law and General Laws, Chapter
40, Sections 25 to 30 as amended, having received ,
a written petition addressed -to it by John L.
Pichette, Bertha V. Pichette, Lillian D. Parks,
Sun Oil Company, a copy of which is hereto annexed,
held a public hearing thereon 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 heRring was held in the Selectmen's
Room in the Town Office Building on September
12, 1946.
Four regular and one associate member 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; Shat they wished to
vary the application of the Zoning Law to allow
the erection and maintenance of a retail gasoline
and oil service station on the premises owned by
John L. Pichette, Bertha V. Pichette and Lillian
D. Parks located at 847-855 Massachusetts Avenue,
Lexington. This area includes the northerly corner of
Curve street and Massachusetts Avenue, and includes
the vacant lot, two.houses and an old barn used as a
Repair Shop in the rear of one of the houses. The
petitioner stated that, he intended to remove the
three buildings prior to the erection of said gasoline
station.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show.
Mr. and Mrs. Arthur Field stated that the erection
of said filling station would be a traffic hazard and
detrimental to the neighborhood. A letter was received
from Mr.'and Mrs, George Sweetland opposing said
petition.
The petitioner presented thirty-three signed
statements from persons expressing their approval
to the petition.
At the close of -the hearing the Board in W ivate
session September 121 1946 gave consideration to the
subject of the petition and voted unanimously in
favor of the following findings;
' 1. That 1h its judgment the public convenience
and welfare will not be susbstantially served by the
making of the variation requested.
Pursuant to the said findings,, the Board hereby
denies the said petition of John L. Pichette, Bertha
V. Piohette, and Lillian n. Parks for the erection
and maintenance of a retail gasoline and oil service
on the premises.owned by them at $847-855 Massachusetts
Avenue, and the vacant lot.at the corner of Massa-
chusetts Avenue and Curve Street 94 oining #855 Massa-
chusetts Avenue.
The Board hereby makes a detailed record.of all
its proceedings relative to such petition and hereby
sets forth that the reasons for its findings here-
inbefore set forth and thetestimonypresented 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 a public record
and that notice of this 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)
15000
/s/ Winthrop H. Bowker '
D. E. AJekerson
J. Milton Brown
Lester T. Redman
Aiden L. Ripley
I. Virginia Be Tarbell, Clerk of the Board
of Appeals of Lexington, appointed under General
Lawn, Chapter 40, Section 27, hereby certify that
I sent by postage certificate of�mailing on the
twenty-ninth day of August, 1946, to John L. &
Bertha -V. Piehette, Lillian D. Parks, Lizzie E.
Lowell, Leona 0. Truesdell, Joseph J. & Dorothy
Condes,`Follen Chureh,'Albert G. & Helen Co Hegy,
Lyman C, & Christine A, -Stewart, Gedeon F. & Alice
Rhault, Annie B. Fraser,'Geo. G. & Josie E. Wardrobe;
John &•Annie H. Fowle, Roland N. & Margaret S. Hayes,
Patric] J. &-Alice Furdon, Gaetano & Audrey L.
Buttaro, Rev. Wm. J. Desmond,�Esther S, Baker,
Clifton B: & Florence Daniels, Elizabeth T. Lowe, '
Bridget M. Cotter, Aleah E. Canessa, C. Clifford
&'Erna Hanson.- Robert A. & Marion A. Calirert, Mary
G. Doyle. -John & Marjorie Stroscio, Hazel T. Mason,
Melitta-M, W. Hall; A. George & Katherine F.
Mahoneya Stephen H. &Evelyn G. Broughall, James
& Martha Holt, Anna•L. O'Hern; Geo. Sweetland,'
Mollie T. O'Connell, Amelia L. Gustayson, Edward
F. Buttriek; Annie Pero, Alice G. Marshall, John &
Annie Fowle, Vernon C..& Florence Page, Hattie M.
& Lbis'A.' Howland;•E1la M. Fletcher, Anna F. Kenney,
Nora J: Harrington, Henry F. & Leona Peabody,
Aina W. Chapman, Harry & Bertha G. Hanson, William
D, & Marguerite P, Adair, William E. & Emily Brown.,
Richard P. & Eulah M. Cassidy, Fanny P. Crown,
Thomas & Honors"Sullivan, Ift, F. & Alice M, Fletcher,
'Edw. W. McNamara & Anastatia A.- Walsh, and also
advertised in the Lexington Minute - Man on August
2919 19469 a notice of which the following is a
true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals
1
15'
N 0 T I C E
August 29, 1946
The Board of Appeals will hold a hearing on
the matter of varying the application of the Zoning
Law by permitting on the premises owned by John L.
Pichette, Bertha V. Pichette and Lillian D. Parks,
and located at 847 Ynd 855 Massachusetts Avenue,
Lexington, the erection and maintenance of a retail
gasoline and oil service station.
The hearing will be held on September 12, 1946
at 8:15 p.m* in the Selectments Room, Town Office
Building, Lexington, Mass.
WINTHROP H. BOWKER
Chairman, Board of Appeals
July 2, 1946
Lexington Board of Zoning Appeals
Town office Building
' Lexington, Massachusetts
Gentlemen;
Clerk, Board of *ppeals
The undersigned hereby petitions the Lexington
Board of Appeals appointed under General Laws,
Chapter 40, Section 25 to 30 as amended, to vary the
application of Section Cl 6C of the Lexington Zoning
By-law and to grant permission to erect and maintain a
retail gasoline and oil station with respect to the
premises at numbers 847 and 855 Massachusetts Avenue
and the vacant lot at the corner of Massachusetts
Avenue and Curve Street adjoining no. 855 Massa-
chusetts Avenue owned by John -L. Pichette and Bertha
V. Pichette, husband and wife, both of Arlington,
Massachusetts and Lillian D. Parks, of Melrose,
Massachusetts, by permitting -the following - the
erection and maintenance of said gasoline and oil
station.
John L. Pichette
Bertha-V.-Pichette
Lillian D. Parks
Sun Oil Company
By: Alfred P. Tropeano,
Attorney
'
The meeting adjourned at 11:00 P.M.
A true record, Attest:
Clerk, Board of *ppeals