HomeMy WebLinkAbout1965-02-231
BOARD OF APPEALS HEARINGS
February 23, 1965
A regular meeting o= 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 uraham - 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 ve a it. setback instead of the required 30 it.
Athens Realty 'Frust (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 1). 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.
Louise M. Macomber
Clerk
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Athens Realty Trust (stop & Shop)
February 23, 1965
Athens Healty Trust, represented by the Construction Co., John
Silva, Morton brown, Counsel, 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 saner 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." ne 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 Ahe 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 Co. 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 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 sar 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 commission as they had gone to a
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 were heard:
Dr. William uraham - 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 wouid have a 20 it. setback instead of the required 30 Kt.
Athens Realty Trust (Stop & Shop) - permission to vary the Lexing-
ton Bui ding 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.
Louise M. Macomber
Clerk
Athens Realty Trust (Stop & Shop)
February 23, 1965
Athens Realty Trust, represented by the Construction UO., John
Silva, Morton Brown, counsel, 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, Pully 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
had to before the Boards of
replied ryes." tie was also asked if they go
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 liepartment 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 rrom 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 with 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 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 t;ommission as they had gone to a
found the commission to be very capable and very tough. They spent
' four or five evenings with the commission and after a public hearing
received their u ertiiicate 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 commission. Stop & 6hop have developed an excel-
lent piece of colonial 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. Prom 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.
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