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HomeMy WebLinkAbout1965-02-23 BOARD OF APPEALS HEARINGS February 23, 1965 A regular meeting of the Lexington Board of Appeals was held on Tuesday, February 23, 1965, in the Selectmen's Room, Town Office Build- ing Present were chairman Nickerson, and Members Abbott, Hoyt, Ripley and Wadsworth. The following petitions were heard Dr William Graham - permission to erect a sign on the premises at 21A Muzzey St Joseph D Augustine - permission to erect a house at 48 Albemarle Ave which would have a 20 ft setback instead of the required 30 ft. Athens Realty Trust (Stop & Shop) - permission to vary the Lexing- ton Building By-law in order to erect a store of second class material on an area of 22,400 sq.ft instead of the permitted 13,333 sq ft on prem- ises known and numbered 32-44 Bedford St At the close of the hearings an executive Session was held during which the following decisions were reached Dr William Graham - granted Joseph ll Augustine - granted Athens Realty Trust - granted All pertinent material with regard to the above petitions is on file in each individual folder After the decisions were reached an informal discussion was held relative signs The meeting adjourned at 10.45 p m. ) ,c,„/4 21/ J/ I lc u 3- L C L Louise M. Macomber clerk 1 Athens Realty Trust (stop & Shop) February 23, 1965 Athens Realty Trust represented by the Construction Uo , John Silva, Morton Brown, Uounsel, and Harold Fine, presented a set of draw- ings with Mr. Silva's name on it, consisting of elevations and floor plans of the proposed structure designed by Lawrence L Rubin; a pkot plan showing the property on the corner of Bedford St. and Worthen Rd. owned by the Lexington Plaza Trust It was explained that the problem is in desiring to have a larger undivided area than provided for in the By-Laws Mr Fine stated that the reason for making the request is that they felt a much safer type building could be offered in terms of public interest than is called for by the Town code Second class construction is proposed, fully sprinklered, with a direct connection to the fire station across the street He explained that the chief problem with fires insofar as hazard to life and limb is concerned is smoke inhalation rather than the building burning down. In many large fires people don't know there is a fire at first. In this case any fire that is started set off the sprinkler system immediately and at the same minute sounds the alarm in the fire station. This calls immediate attention to the fire whereas in a fire-proof building all that can be done is to confine it to a certain area It could blaze away for a number of hours with- out anything happening. Mr. Fine was asked if this was a standard size installation and replied "yes " tie was also asked if they had to go before the Boards of other towns to which he replied they did not on a store of this size. Mr. Fine said that the store was accessible all around and that they planned to fully sprinkler the small stores also Mr. Nickerson asked if this was required and Mr. Fine said it was not required, the area for these stores meets the code, but it is an extra precaution. Mr Nickerson explained the format of hearings and read letters from the Building Inspector and Fire Department chief giving their approval of the project. William Smith, a resident of 59 Forest St. and also Manager of the Battle Green Apartments owned and operated by the Niles uo. abutting the property, read a letter of objection trom Niles Co. Mr Smith then stated that they had no opposition to it as. a commercial site but feel that a-commercial venture should be in accordance witn the building code to give them some protection for their substantial investment. Niles Co. feels that what is being proposed is too large and would have a very serious effect on the value of their property. Mr. Nickerson explained that as iar as the size went it was per- fectly all right. It is a question of allowing them to build a single undivided area - it could be divided and they would not have to come before the Board. Mr. Fine said he was sorry Mr. Smith had not attended the several hearings held with the Historic Sites uommission as they had gone to a 1 BOARD OF APPEALS HEARINGS February 23, 1965 A regular meeting ox the Lexington Board of Appeals was held on Tuesday, February 23, 1965, in the Selectmen's Room, Town Office Build- ing Present were chairman Nickerson, and Members Abbott, Hoyt, Ripley and Wadsworth The following petitions wer= heard. Dr William Graham - permission to erect a sign on the premises at 21A Muzzey st Joseph D Augustine - permission to erect a house at 48 Albemarle Ave which would have a 20 it setback instead of the required 30 rt. Athens Realty Trust (stop & Shop) - permission to vary the Lexing- ton Building By-law in order to erect a store of second class material on an area of 22,400 sq ft. instead of the permitted 13,333 sq ft on prem- ises known and numbered 32-44 Bedford St At the close of the hearings an Executive Session was held during which the following decisions were reached Dr William Graham - granted Joseph D Augustine - granted Athens Realty Trust - granted All pertinent material with regard to the above petitions is on file in each individual folder After the decisions were reached an informal discussion was held relative signs The meeting adjourned at 10.45 p.m. C w� zr )// )7 (o - Louise M. Macomber Clerk Athens Realty Trust (stop & Shop) II/ February 23, 1965 Athens Realty Trust, represented by the Construction Go , John Silva, Morton Brown, Uounsel, and Harold Fine, presented a set of draw- ings with Mr. Silva's name on it, consisting of elevations and floor plans of the proposed structure designed by Lawrence L. Rubin; a plot plan showing the property on the corner of Bedford St. and Worthen Rd owned by the Lexington Plaza Trust It was explained that the problem is in desiring to have a larger undivided area than provided for in the By-Laws. Mr Fine stated that the reason for making the request is that they felt a much safer type building could be offered in terms of public interest than is called for by the Town code. Second class construction is proposed, fully sprinklered, with a direct connection to the fire station across the street He explained that the chief problem with rires insofar as hazard to life and limb is concerned is smoke inhalation rather than the building burning down In many large fires people don't know there is a fire at first. In this case any fire that is started set off the sprinkler system immediately and at the same minute sounds the alarm in the fire station This calls immediate attention to the fire whereas in a fire-proof building all that can be done is to confine it to a certain area It could blaze away for a number of hours with- out anything happening Mr. Fine was asked if this was a standard size installation and replied "yes " he was also asked if they had to go before the Boards of other towns to which he replied they did not on a store of this size Mr Fine said that the store was accessible all around and that they planned to fully sprinkler the small stores also Mr. Nickerson asked if this was required and Mr. Fine said it was not required, the area for these stores meets the code, but it is :an extra precaution Mr Nickerson explained the format of hearings and read letters from the Building Inspector and Fire Department chief giving their approval -or the project William Smith, a resident of 59 Forest St. and also Manager of the Battle Green Apartments owned and operated by the Niles Uo. abutting the property, read a letter of objection from Niles Co. Mr. Smith then stated that they had no opposition to it as. a commercial site but feel that a-commercial venture should be in accordance witn the building code to give them some protection for their substantial investment. Niles uo feels that what is being proposed is too large. and would have a very serious effect on the value of their property. Mr Nickerson explained that as far as the size went it was per- fectly all right. It is a question of allowing them to build a single undivided area - it could be divided and they would not have to come tefore the Board. Mr. Fine said he was sorry Mr. Smith had not attended the several hearings held with the Historic Sites commission as they had gone to a found the commission to be very capable and very tough They spent four or five evenings with the uommission and after a public hearing received their uertiiicate of Appropriateness The First National store and A & P did not have to do this, but they did certain things to make their properties in keeping with the general aspect of Lexington. A portion of the Stop & shop's land is within the District, so they had to go before the uommission Stop & shop have developed an excel- lent piece of uolonial design and quite expensive This is going to be a very excellent store and everything done is in compliance with the town's codes. They are not asking for a bigger building, which most here seem to think The size or the building will remain the same re- gardless of wnat happens tonight. This company believes that what we are asking for is much better for the Town It is certainly better looking and safer than what the Town requires them to do The back land will have 20 ft. with no buildings from the back or the building to the front of the apartments is 60 ft There being no further discussion the hearing was declared closed at 8 50 p.m. ct[