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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 ' 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 23 Andrew T. Hartery, Jr. - granted Frank A. Napoli - granted Edith V. Rau - granted Muriel C. Stone, Clerk C 1 1 239 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 ' 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 ' 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 240 Arts & Crafts -2- 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 U 1 1 241 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) 242 _. 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. ' 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. 243: 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. ' 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. 6 A.i4 4 Arts & Crafts 10 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 ' 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 f