HomeMy WebLinkAbout1953-07-162:3'7
BOARD OF APPEALS HEARINGS
July 16, 1953
A meeting of the Board of Appeals was held in the Select-
men's Room, Town Office Building, on July 16, 1953. Messrs. Locke,
Ripley, Ballard, Worthen and Hoadlette were present. The clerk
was also present. Mr. Locke (Chairman) took the Chair.
At 8:00 p.m. hearings were declared open on the following
petitions:
Domenico Gabriele - to erect an addition to the present
dwelling on Sti
Lee W. Simonds - to erect a second class building located at
436 Marrett . for he purpose of maintaining automobile salesroom
and service dept., and for selling and servicing new and used auto-
mobiles, also for the purpose of selling accessories, parts, tires,
tubes, etc.
Arts & Crafts Society - to erect a building of second class
construe onocate =VWaltham St. in accordance with plot plan
and plans submitted.
Dr. James C. Carter - maintain an office for the practice of
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medicine at is res ence 1444 Mass. Ave. and to erect the usual
doctor's small sign.
Andrew T. Hartery, Jr. - to relocate one -car garage located
at 54 Taft Ave.
Frank A. Napoli - to operate the existing roadside stand
situated Marr�R3. until June 1, 1951 for the sale only of
products of the land of the owner of the stand that is within the
Town of Lexington.
Edith B. Rau - to erect a carport at 55 Wood St. in accordance
with the p of p an submitted.
At the 'close of the hearings an Executive Session was held
during which the following decisions were reached:
Domenico Gabriele- granted
Lee W. Simonds - granted subject to the following conditions:
1. That the illumination of the premises shall be so located as not to
be objectionable to properties in the neighborhood, or constitute a
hazard for traffic on Marrett Rd. 2. The premises shall be kept in a
neat and orderly condition at all times.
Arts & Crafts Bociety - granted subject to the condition that
the walls above the foundation shall be of 120 masonry construction.
Dr. James C. Carter - granted
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Andrew T. Hartery, Jr. - granted
Frank A. Napoli - granted
Edith V. Rau - granted
Muriel C. Stone, Clerk
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ARTS AND CRAFTS HEARING
IJuly 16, 1953
At 8:45 p.m. hearing was declared open upon the petition of
the Arts & Crafts Society for permission to erect a building of
second class construction located at 130 Waltham St., Lexington.
Notice of the hearing was read by Mr. Locke. Notices of this
hearing had been mailed to the owners of all property deemed by the
Board to be affected thereby as they appear on the most recent local'
tax list.
Mr. Locke: I would like to read this telegram signed by Mr. R. M.
Coquillette "Suggest hearing July sixteenth on Arts and Crafts be
postponed until September when interested parties are in town (stop)
Spring Town Meeting clearly refused zone change and I oppose petition
presented in summer on principle since it appears to be sly move.
Repeat, I oppose pending Fall hearing.
R. M. Coquillette"
The meeting has been fully advertised and the Board will proceed with
the hearing as advertised. Mr. Cass, are you presenting this to the
Board?
Mr. E. B. Cass: I am President of the Society. The Arts & Crafts is
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a Society that has existed since 1935, and we have proceeded in the
ordinary course and will move along as promptly as possible.
Mr. Brenchick: (representing the Society) This has been a source of
considerable study by our Building Committee, and we are asking for
something that this Board has the right to give under the Zoning By-
law. It is something that is permitted by the By -Law and mast come
before this Board for permission. It did not come up at the Town
Meeting. It is not a question of zoning, it is not a question of
variance, it is simply a question of obtaining the permission of the
Board of Appeals. It is not a question of our asking for a variance
in the Zoning laws. In going around we found that a great many people
did not knots the activities of the Arts & Crafts Society. At the
present we have about 280 members and there are 12 Guilds. Some of
these Guilds have 35 members, and we cannot give the service that the
Society was originally formed for. The type of building that we pro-
pose to erect will be in conformity with the homes in the neighborhood.
The Arts center we believe will act as a buffer zone. The Society
has been looking for a building site for many years, and four years
ago we looked for property that was within a reasonable distance of
the Center, and after looking over old buildings which were impossible
to fix up, in April of this year the Building Committee submitted the
preliminary plans to the Society, and in the May meeting it was unani-
mously voted to build. In the land we have ample parking area so
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that we will not have a parking problem. It is not an every day
affair, they may meet 2 or 3 evenings a week, but it would not be con-
tinuous cars going in and out as in the business district. We said
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Arts & Crafts
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that we did not want any variations whatsoever. In the building we
have an 8" wall and the foundation is 12". Anything other than a
home requires a 12" wall, but that is the only variance asked for.
Are there any questions?
Mr. Locke: I have one or two questions. The general area in this
building is not dimentioned here.
Mr. Brenchick: It amounts to about 241 x 381.
Locke: It would not be proposed to use this building for exhibitions?
Brenchick: No.
Locke:Tlhere would be no commercial business of any kind undertaken in
this building?
Brenchick: No. It is a building to house the activities of the
Lexington Arts & Crafts Society, work rooms, reading, etc. At present
the members meet in the members' homes. As far as salesrooms are
concerned - no.
Locke: Any questions at this point? Does anyone here wish to ask any
questions about this building or its use?
Is it anticipated that there will be any machinery on the lower floor?
Brenchick: Yes, there would be a machine for woodworking, just small
machinery, electrically operated.
Locke: Hon large a parking space would you have?
Brenchick: We have a full lot.
Locke: There would be some evening use of the building?
Brenchick: Yes, we have an Executive Committee Meeting on the first
Wednesday of each month and we have about 35 members at that meeting.
Five or six of the Guilds meet and I would say we would average 3 or
4 evenings a month, with perhaps ten to twenty-five people attending.
Locke: Any questions?
Abuttor: What do the Arts & Crafts do? Is it a private concern?
Is it non-profit?
Brenchick: ]fn 1934 a group of people in Lexington invited all Lexing-
ton artists to exhibit at Cary Hall. It was very successful. There
are professional artists, there are amateurs and there are people who
are just interested in the Arts. We have monthly meetings. Some of
them are discussion meetings and some are work meetings.. I play around
with ceramics, others on figurines. I think it might be interesting
to some of these people who do not understand: -that the Arts & Crafts
are about. Since 1935 this group, which is a working group has, dol-
lar by dollar, rug by rug, picture byrpicture produced by their own
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Arts & Crafts -3-
members, produced a fund which has been earmarked for a Center in
' Lexington. This building that we are putting up represents the
efforts of the individual members. No one has given us a cent and
we have earned every cent, and we only ask that you give favorable
consideration to this. It is right in the by-laws that we are to
be of service to the Town. This has been accumulated by the individ-
ual sweat of each individual member. We think that this building which
we propose to put up will be a credit to the Town. I would like to
point out that this Society has admitted members from other towns
around who have not the facilities, although most of the members who
are here tonight are Lexington citizens because this is a Lexington
problem. This Society is not only a Lexington Society.
Locke: Is this building designed so that it could be enlarged?
Brenck: It is hoped that it could be enlarged, and that of course
would have to come before the Board at some future time. You men-
tioned this matter of sales. It has been one of the methods of
raising funds to have a sale once a year. If you feel that there are
certain activities that you cannot grant I think it should be clearly
stated. It would be an annual auction but there would be no store.
There is no financial profit from it. This is a charitable corpora-
tion.
Abuttor: How could it be enlarged, it is being built on a 100 ft. lot
' facing Waltham Street?
Locke: I am not an architect, but I would say at the rear.
Abuttor: On what basis will this property be taxed?
Locke: I am afraid that is not one of our problems.
Abuttor:It has come up in other hearings that way.
Brenchick: It is not taxed at this time and can be held for five years.
Abuttor Is this classified by the Internal Revenue as tax exempt?
(The question was apparently not answered)
Brenchick: Membership is open to anyone who wishes to apply and who
would be interested in arts and crafts.
Locke: What are the percentages naw?
Brenchick: 280 to 300 members now, and about 50 are non-residents.
Most of the non-residents are those who have moved out and still belong.
Locke: Following the usual procedure, I will now ask those who are not
members of the Arts & Crafts who are in favor of this?
(Five in favor)
Now residents of the Town and who are members, who would like to be re
corded in favor.
(about 38)
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Arts & Crafts -lt-
A petition was handed Mr. Locke signed by persons in favor. ,
Locke: I would now ask if there is anyone here who wishes to speak
in opposition.
Mrs. A. Durfee; 172 Waltham St.: I have lived in Lexington one and
one-half years and I have been to five meetings to protest any build-
ings other than residences. I have a home and I object to a parking
space 100 ft. from my home. The man who owns the property next to
mine, Mr. John O'Connor, intends to past a house up there and I would
be very pleased, rather than a Society like this that will not pay
taxes. There is a big parking space facing my house and there is an
easement where the children go back and forth. And there is a park-.
ing space where cars go in and out every day in the week, day and
night, and I object to it.
Zitso: Mr. O'Connor has signed the petition for it.
Mrs. Durfee: He said that he and his brother intend to build a house
there.
Peter Martyniak: I object,
and it seems to me that most of the
people in
this mmeting are
members of the Arts & Crafts. I agree
with Mrs.
Durfee. I think
it is a nice organization, but I would like
to oppose
it because I do not think it is a necessity in this town.
Abuttor:
In favor.
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Mr. Schrock, 200 Waltham St.; I would like to speak against this peti-
tion of members. You have heard requests for other uses for this
ground, and as I look at this thing each hearing has a different
aspect to it. This appears to be the best of all and I wonder if we
have treated the other people right. If you are going to make space
for 100 cars all right, but if you do not have space for 100 cars, it
is a bad situation. I am still concerned about the tax situation
here, because it is a very valuable piece of land and a good many
people would like to get in on it. Y ou turned down an application
a while ago that would have been very productive, I mean Mr. Trop-
eano's. I do not know enough about the Arts & Crafts Society to say
much about it but I think it is a very nice thing. I think -we have
very closely approached the definition of a commercial operation. It
is mainly on principle that I object, because frankly I would now like
to look at both the petitions, the Arts & Crafts and Tropeano.
Brenchick: As far as the tax from the property, we cannot and we do
not measure the value of things to the Tuan in dollars and cents.
What we might lose in dollars and cents I am sure we will gain in
prestige. We have a great many members that mane their living at the
professions. Everything that is sold by the Arts & Crafts is made by
the Arts & Crafts to be put towards our building.
Abuttor: Was this lot donated to the Arts & Crafts? '
Brenchick: No.
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Arts & Crafts -5-
Mr. Schrock: I wish to register opposition on the same grounds of
taxation. I have talked to many people during the last year that we
have a very serious case regarding taxes for the town, and the need
for streets, etc. seems to have hit the Town Treasury very hard. If
the present plan of the Planning Board should ever come to pass and
that ground turned to commercial purposes the Arts & Crafts land would
be very valuable. I raise the point whether there might be some land
not quite so near the Center and not quite so valuable that could be
used.
Brenchick: The Arts & Crafts were searching for three years for that
land and could not find it. The Society uses its hard-earned funds
to encourage the children of Junior High School. We send our members
down to judge their work and give prizes. I do not think you can say
that we do not need this in the Town.
Martyniak: I have nothing against the Arts & Crafts Society, but I
look around the members and wonder how many would vote for the Arts &
Crafts Society if they decided to build right next to their property.
Locke: Anycne else wish to be recorded in opposition?
Helburn: In a small house, with 3 children, the Town would realize
a net loss considerably greater.
Abettor: Where the Arts & Crafts wish to come on to Waltham St. is
the narrowest part of Waltham St. It is 50 ft. in width, and that
would leave less than 40 ft. I would like to see the Arts & Crafts
get settled, but we are going to have a traffic hazard. The former
petition was turned down. Opposed.
Abuttor: About the only way you could have the least amount of traf-
fic would be a residence. That land has been idle and nobody has
wanted to buy it.
Brenchick: This property gave evidence that no one wants to put a
residence on the property. The Arts & Crafts will provide the least
amount of traffic at that point.
Martyniak: The reason that those lots have been idle so long was be-
cause the, price went up if a private house was considered. In fact
the price is kprohibitive.
Abuttor: This is a private enterprise, immediately after he had the
lot and he thought he could get more for it tomorrow he would wait
until tomorrow.
Cass: We were offered a profit of $2,000 before we had bad it a year.
We did not buy it for speculation.
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Martyniak: I object to having it in an R 1 district.
Brenchick: I believe the traffic trouble has been somewhat exaggerated.
The members that will meet will not cause much congestion. It is not
in and out all day.
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A.i4 4 Arts & Crafts
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Abuttor: The area that is intended to be used for parking embraces
the path that the children will take going to and from the new High
School. I
Schrock: When we came here there was hardly a house. There is a
large piece of land that lies beside the High School, and no one
bought that. The second point that I would like to raise is in re-
gard to this parking area. I cannot imagine a parking lot for 50 or
60 cars being empty, with all the automobiles we have in Lexington.
Helburn: You object to having a place to park?
Martyni.ak: I think tyre is a traffic hazard.
Abuttor: I think I can speak as well as anybody here. I lived on a
corner of Forest St. We used to have a bad traffic hazard. The Arts
& Crafts are building beside the Catholic Club. Those lots have not
been sold because people did not want to live next to the Club that is
there. They are asking for a commercial building there, which is
what we have been fighting. The Arts & Crafts would have a very sub-
stantial part in the Town's representatives.
Abuttor: I am not a member of the Arts & Crafts. Are they aware of
the fact that with the Catholic Club there are a good many more cars
and people there than would be at a Guild meeting? Anybody notices
that this has happened.
Locke: I have let this go on, and is there some point that has not
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been brought up? Any questions?
Ballard: You have a right -of-way over the Vine Brook easement?
Brenchick: It is ours, we have bought and paid for that.
Abuttor: Was there ever any thought of putting a fence or evergreen
shrubs just in back along those parked cars?
Brenchick: I imagine we would, and we are putting up something there
that we would be very proud of, and we do have artists in the organisa-
tion who will do everything that will make it more presentable.
Locke: Unless there is some new point to bring up, I think the Board
has about all the information we need and we will now close the hear-
ing.
There was no farther comments or questions, and the hearing was de-
clared closed at 9:30 p.m.
Muriel C. Stone, Clerk
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