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HomeMy WebLinkAbout1955-01-13 25 BOARD OF APPEALS HEARINGS January 13, 1955 A meeting of the .Board of Appeals was held in the Selectmen's Room, Town Office Building, Tuesday, January 13, 1955. Present were Chairman Locke and members Ballard, Lynah, Duffy and Emery' At 8.00 p.m. hearings were declared open upon the following petitions Myrtle Stocker Byrne - to complete and maintain the two-car garage at 35 Bartlett Avenue in its present location. Countryside, Inc. - to build an addition to existing building at 325 Woburn St., substantially as shown on the plot plan submitted; also to re- locate gasoline pumps as shown on the same plan, and to locate two new signs as shown on the plan John C Driscoll - to subdivide Lot "A" numbered 29 Winthrop Rd. for the purpose of straightening out the rear lot line and adding an area of approximately 689 sq.ft to Lot #60 numbered lt, Sherburne Rd Marian J Ryan - to erect a single family dwelling on Lots 42 and I3 located on Hillcrest St Macland, Inc - to erect a single family dwelling on Lot 13 numbered 111 5 Bates Rd. Francis Coscia - to erect a single family dwelling on Lot 63 located on Farmcrest Ave. Wilda M. Ward - to continue the operation of a Nursery group at 233 East St First Congregational Society in Lexington - to use the parking area at #3 Harrington Rd shown on plan of land submitted, and to remove loam from g saidarea.parking At the close of the hearings an executive session was held during which the following decisions were reached Myrtle Stocker Byrne - granted, subject to the condition that all re- quirements of the Building By-law shall be complied with to the complete sat- isfaction of the Building Inspector, and that the building shall be used only for a two-car garage and too1 room and no other personal use or personal occupancy shall be made of this building. It is also a condition of the granting of this permit that the so-called child's playhouse and all other accessory structures, except the garage, shall be removed from the premises. Countryside; Inc. - granted, subje ct to the following conditions (1) that the fixtures used in lighting the pumps, the premises and the signs shall be so located and focused as to be unobjectionable to the neighborhood; (2) J � , that the location of new tanks shall be subject to applicable rules and regu- lations of the Town of Lexington; (3) that the premises shall be kept in a 26 I G neat and orderly condition at all times; (4) that there shall be no display of accessories and supplies offered for sale outside the building; (5) that there shall be no storage of wrecking cars or disabled cars or junk on the premises; (6) that there shall be no repairing of automobiles or noisy operations on the premises. John C Driscoll - granted Marian J. Ryan - Granted Macland, Inc. - Denied Francis Coscia - Granted Wilda M. Ward - granted, subject to the following conditions (1) that the premises shall be kept in a neat and orderly condition at all times; (2) that not more than 10 children shall be accommodated at one time; (3) that this permit shall expire on October 25, 1955. First Congregational Society in Lexington - granted, subject to the following conditions (1) that the entrance and exit to the said parking area will only be from Harrington Road, at a location as far as possible from Bedford St.; (2) that the width of such driveway and the location shall be satisfactory to the Town Engineer; (3) that the use of the parking area shall be restricted to Church functions; (4) that the parking area shall be immediately screened along the Harrington Road side except for the driveway) by evergreens of a type and height sufficient to obscure from view along Harrington Rd the cars parked within the area; (5) that every reasonable effort be made to prevent public parking and use, and to keep the area in a neat and clean condition at all times; (6) that any lighting installed shall be so located as to be not objectionable to the neighborhood Muriel C Stone, Clerk 51- The First Congregational Society in Lexington At 9.25 p m. hearing was declared open upon petition of The First Congregational Society in Lexington for permission to use as a parking area the rear part of the premises at 3 Harrington Rd , being a parcel of land approximately rectangular, having a frontage on Harrington Rd of 101 38 ft. and a depth of approximately 373 ft , the front part of the premises on Harrington Rd for a depth of 150 ft not to be used for such parking; and also to remove loam from said parking area Present were Chairman Locke, IIr Lynah, and Associate Members Houdlette, Emery and Duffy Notice of the hearing as advertised in the Decem- ber 30, 1954 issue of the Lexington Minute-man was read by the Chairman. Mr. Hanna Mr. Chairman and members of the Board, we are here tonight to see if we can get your help in solving one of the most difficult prob- lems that exists, and also at the same time to see if we can through your action preserve one of the most historical houses in Lexington. The area that we are talking about is known as the Rowse property and I give to the members of the Board this plan and also I would like to set up over here this perspective drawing which will give you an indication of the area. I do not think I need to tell any of you gentlemen about the prob- lem that is presented on Sunday morning. Not only the area around the Green is complete'y filled with automobiles, but cars are parked up Massachusetts Avenue as far as Parker St. and up Bedford St and Hancock St., and at the conclusion of the service there is a very serious traffic problem. The only answer to this problem that we can see is off-the- street parking, and so far as the First Congregational Society is con- cerned it wishes to solve this part of the problem by providing adequate parking space away from the street, which will enable us to take off the street approximately 100 cars, assuming that each space will be 14 feet, thus relieving the Common of a parking area that will tape about the cars that park on the Common by the Congregational Church, etc. It looks as if we would make available about a quarter of a mile of parking space by taking the cars off the street The area we are talking about shows on the map before you as an area hav- ing a dimension of about 273 ft long and about 108 ft in width, 150 ft. back from the Harrington Road line We are staying well behind that line. So far as approaches go to the area, we have no strong opinion and would be very happy to have you tell us to come in from Harrington Road if you grant our prmit, or tell us to come in from Bedford St. if you would pre- fer to tell us to come in one way and go out the other. We would want, in the interests of our own desire to maintain the property, and as you know the Unitarian Church was one of the earliest to keep the Green as it is, to see that the parking facilities would not be a detriment to the appear- ance of the neighborhood. It looks as if black top would be the desired covering and also we would like to explore other means to make a parking area that would not prevent the main object which we have in mind In addition to having the parking, we would acquire as part of the property on which we have an option, the Harrington House, and that Harrington House would become a church possession and would become a parish house, and we would be proud to see that the protection of the Green is main- tained 5L Col Clod We would have preferred, I think, to have suggested to you some other area and we have been negotiating for a number of years with adjoining property owners on one side of the church or the other, but to date we have not arrived at any final arrangements which would give us what we need, so that we have come to you. We would have to remove the loam, and therefore our request is that you permit us to do that The hour is late, therefore I do not propose to say any more at this time, but will answer any questions that you may ask. Mr. Locke You spoke of disposing of the loam. What would you propose to do with it? Hanna I think we would put it on the back of the lot here. I under- sta�nc that there may be some request from the Town itself for that loam. We might just fill it in the back here where it is a drop off and later use it for ourselves. We would not sell it unless we could not find ways of keeping it so that it would not be unsightly We could find other uses for it in improving the grounds. I would point out that the men of the Church want to see that the area is screened as best we can with the limited funds we have, and would have vines or trees to give us as much protection as possible. There is some screening already. Locke Can you answer more definitely how much screening you would pro- pose to erect or plant? Hanna. We would try over here to put in a fairly solid line and plant some pines or spruces and in a few years would fill it up. If you told us to put a driveway coming out to Harrington Rd , it would be about this line as shown on the detailed drawing; and if you told us to put it on Bedford St it would be this way on the screening, there is a fence here and we would plant up almost to the fence Locke- You say there is an existing fence between this property and Bed- ford St all the way through? Hanna There is a line of trees in here, which in the summer time would g e-a complete screen. Locke: There is no fence between the Bedford St properties? Hanna Yes, there is a fence. Locke• There would be no passing? Hanna No There is a right-of-way with a gate, but it is not our thought to use it even if there is a right-of-way. Locke I see Mr. Viano owns the right-of-way. Hanna: It may have been extinguished Locke- Any questions from the Board? 5-5 Duffy- I would like to ask whether or not, if the Board suggests it, TU3-7ights-of-way into the lot, one from Bedford St. and one from Harrington Rd , would be provided if that was requested? Hanna Yes Duffy. Another thing, how about the prohibition about the uses of land around the Common as to whether an entrance from Harrington Rd to this property would be a violation of that deed? Hanna I have read that deed and I have a copy of it here, and in my 717T-it would not prohibit our coming in The deed is here if anyone would care to examine it Locke Has the Board any questions? No questions Locke I wish to be sure that the position is understood. There will bee an opportunity for those who wish to be recorded in favor, and then for those who wish to be reoorded in opposition. At this point are there any general questions that Mr Hanna or someone else could answer? Citizen. Can the plans be circulated among the audience? (The plans were handed around to the audience) I I Locke• I think you have seen these plans. Are there any other general questions? There will then be an opportunity for anyone who wishes to be recorded in favor of the granting of this petition. Adams We are informed by law of these hearings. The Planning Board died this case and isfavora in of this proposal 1 in view of the traffic P P condition, but is opposed to an entrance from Bedford St. Locke Anyone else? I might say that if anyone is in favor I would like tem to make a statement and reason for being in favor. Lynah. You mean no entrance or exit on Bedford St? Taylor Speaking in favor - I just want to add one thing The purpose of using this parking area is for church functions on Sunday only and an attempt would be made to restrict it to Sunday morning use. May I would like to amend a little bit what Mr. Taylor has said about This Sunday morning parking only Rather it is to be parking in conjunc- tion with the normal use of the First Parish Church, but on behalf of the church it was explicitly understood that the parking was to be used only for church functions. Citizen. The question is asked - how is this going to be controlled on week days, etc? May We might use decals for windshields. Of course if we had the en- �rance from Bedford St we would have had the fence But we might erect two posts with a chain between so that it could not be used. 56004 C.w Locke• Is there anyone else in favor that wishes to speak? If not, there is an opportunity for those who have not spoken, by a show of hands, to be so recorded. Anyone who has not spoken but is in favor, raise their hands (33 hands) There is now an opportunity for anyone who wishes to speak in opposition to the granting of this application Carroll Ryan: I note on the map that you were looking at that the drive- way belonging to Viano, the right-of-way has been cancelled. As an abuttor to the property I should like to protest the parking space there in the rear because it is a lot different looking out on to a parking space instead of a field. We have a problem there now with the cars on Bedford St and I think that with this parking lot we would have noise in there and in back of the house. Also there is a big parking lot on Bedford St. now. Locke Would you feel any different if there was no entrance on Bedford Street? (Apparently Mr Ryan did not reply to this question) Van Norden: I protest the use of this lot. Our piece of property is abutted on two sides by this property I am glad to know that the Plan- ning Board feels that an entrance or exit on Bedford St is a hazard; and I would point out that that drawing is perspective but it does not show the bulge or the corner on Bedford St , and if anyone looks up Bedford St they could see the condition of that, and I think would be a traffic hazard Mr Hanna spoke of taking the cars off the street; that parking would allow more cars to move in. If you open an entrance on Bedford St. the Town would have to close an area of at least 300 ft Also I would like to read from Sec lL of the Board of Appeals - "When in the judgment of the Board of Appeals the public convenience and welfare will be sub- stantially served and where a requested permit will not tend to impair the status of the neighborhood, the Board may in a specific case upon written petition, hold a hearing, and subject to appropriate conditions and safe- guards, determine and vary the application of the regulations here estab- lished in harmony with their general purposes and intent ." and I definitely feel that it would be a definite impairment in many ways. Further, in allowing a driveway in from Harrington Rd. I cannot see that it would create any more of a traffic hazard, but I cannot see that it would alleviate the hazards that are there already. As far as the agree- ment the specific reading of that was that that land was to be kept for its existing use, and Mr. - - reason for drawing this up was to preserve this land aesthetically As Mr. Ryan pointed out, it would be increased traffic Things like this have a way of deteriorating, and a parking lot is a parking lot. The Masonic Hall, the Hancock Church and St Briget's church must all park around I cannot see where it would be of any benefit and my mother and I are opposed to it. There is plenty of parking space right down in the center of town. People who are not able to walk could be brought to the church and the car parked somewhere else. Perhaps we might enjoy walk- ing to and from the town. I am definitely opposed to it 57 Dr Foley I might as well, add my opposition to the proposed plan. When I bought the Harrington property I knew the church was next door and there was a parking problem. However, this particular problem now is, all of a sudden, beginning to engulf us Now, whether it is used on Sunday morning or any other time, it gets a little rough when it gets on three sides of you Citizen: There is a fence on Bedford Street? Foley• Yes, there is. I have tried to grow grass but it does not work I have put up the fence on an average of about once a week and I do not see how my lot is going to improve The church has approached me to sell my property and they wanted to buy the entire piece. We bought the house to live in, and we turned down that offer I have talked to Mr. Hanna tonight to see if we could not get together. I made a proposal to him; right now it is in the speculative stage, and the proposal I made would limit this proposed parking area That is all I am going to say Locke- Anyone else wish to speak? Abuttor Might I ask exactly to what use the house would be used? Hanna. The house would be used as a parsonage. In the course of time it FIEET be possible to turn it into a museum. In the house there are a great many relics of Revolutionary times. Tf that could be done would de- oend on the finances of the church and the wishes of the community. One of the things that we would be most interested in is to see that this parking area would only be used on Sunday and on special evenings, and we would have our Minister living there and he would be interested in seeing that this is so. I think I should comment on what Dr Foley says on this proposal We have offered to buy all his property or any part thereof that would take care of the parking. We made him a proposition that we regard as handsome, and he said that he considered it a very fair offer. The offer expired at five o'clock tonight We did not hear from Dr Foley until shortly after six tonight, and between six and nine several of us have been checking on the back land behind the barn, that runs on back towards the brook We will continue to talk to Dr. Foley and if we can arrive at anything that is satisfactory to the parish we will be most happy to meet their desires. We are faced with a time problem. We have an op- tion which expires on January 9th. We have to do what we are going to do before that time, and of course we are hoping that it will be possible for us to have a decision from the Board prior to that time, so that we can know how we may proceed. We do point out that the same situation will exist as to the land in back of Dr Foley, which is zoned residentially, and if we are entitled to have a parking area in back of Dr. Foley, we are entitled to have a parking area where we have asked for it tonight VanNorden. If the Board of Appeals should approve this parking lot and accept the recommendation of the Planning Board that they do not allow a road leading into it from Bedford St. and should allow a road from Harring- ton Rd. what is the church going to do to keep that road from being used 111 as a parking lot itself, and to keep townspeople from driving into it to get off the street. If people are disposed to do that, it would seem to me that certainly fencing or some type of protection would be necessary, 5610.4 and certainly a gate across the entrance would be most definitely a detraction from the Common. I might add that I do not stand alone in objecting to this. There are three members of the church who said that if they lived where I do they would feel like I do Locke: Anyone else? (Two letters were handed to the Board expressing opposition to the proposed parking lot, which the Chairman read to the assembly ) Helen Ryan. I regret the stand that I must take It is also shared by two other churches nearby Harrington Rd. has been made one way on Sunday, and to make an entrance from Harrington Lane does not seem to me to be for the welfare of the public The parking for the churches on Sunday morning is extremely heavy. There have been 11 reported accidents at this corner in 19511 I also object to the proximity of the parking of cars at the rear of my property which we are trying so hard to preserve Finally, in opening up thisarea for parking it will be used by others and develop into a public parking lot I am firmly opposed to this petition. Mrs.Michael Morrison. I would like to register my opposition to the pro- posed establishment of a parking lot on the premises of 3 Harrington Rd. The parking lot, which would necessitate one, possibly two, entrances or exits on Bedford St would constitute an additional traffic hazard, and with a young family growing up, T now view the traffic situation on Bed- ford St. with alarm, and to aggravate a bad situation merely to conven- ience a few people seems irresponsible in view of the overall welfare of the town It would devalue property in the area, and would also be very unattractive viewed from the Battle Green. The present lovely vista of trees, lawn and meadows adds to the beauty of our historical shrine and any step which would spoil that should be viewed with considerable cau- tion The statement has been made that this lot would only be used on Sunday for two hours I think that with all the functions going on at the church and the financial investment made to establish this lot, if this request were granted, this plan would soon be amended to the point where all persons using the church would be extended parking privileges also. It would provide further incentive for other societies to broach similar proposals It is hoped that the Board will consider these objections seriously (A telegram was received by the Board in favor of granting the application - and was read to the assembly by the Chairman) Locke; Anyone else in opposition? Frank H. Tobin. I am opposed Helen Ryan. I am opposed. I would like to say further that I think that the decision of the Board of Appeals should most naturally reflect pre- vious decisions that the Town has made in regard to changing the various zoning areas in the Town. A year ago at a Town Meeting a very consider- able vote was recorded, and the Town Meeting recorded itself as being overwhelmingly in opposition to any further encroachment to the Battle 59 Green. The Battle Green is the one thing that distinguishes it from any other place in the country, outside of Concord, and I think the gentlemen of the Board of Appeals should think about it very seriously, in view that it woudd detract from the Town in the future Locke• Is there anyone else that wishes to speak? Anyone in opposition WO- as not spoken, will they show their hands and be so recorded. Does any member of the Board have any questions? Emery• I would like to see a copy of the 1937 agreement, if Mr. Hanna will leave it here. Lynch. Would the church be willing to fence in the Foley side of the property? Hana Within the limits of my authority, I would say yes I would like to answer one point in one of the letters. In the first place, for the ordinary functions, the area in back of the church will be quite ade- quate and we could parr enough cars to take care of normal functions. What we are checking on here is the parking on Sunday mornings. May May I say a word about the agreement. The Rowse property consists of TO—lots, on one of which we wish to have our parking It also says that the front lot shall be used for a dwelling house for one or two families There is no other agreement. The use of a driveway to enter the rear land ' would not be prohibited. Abuttor• Mr. Hanna at the Parish Meeting made the statement that the cam, mittee who had been working on this proposition for some time was much more in favor of an entrance from Bedford St. and in the interests of pre- serving the Green they themselves would prefer not to put an entrance through Harrington Rd. Hanna I am not sure whether the gentleman is arguing against Bedford St or sometning else. We felt that it would be more convenient to have an entrance from Bedford St. However the Planning Board has expressed its views and we are willing to go along with them. Abuttor• Is there any ruling on driveways as to side lines? (Rest of report is missing) Muriel C. Stone Clerk