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HomeMy WebLinkAbout1965-11-16BOARD OF APPEALS HEARINGS November 16, 1965 A regular meeting of the Board of Appeals was held on Tuesday, November 16, 1965, in the Selectmen's Room, Town Office Building. Present were Chairman Nickerson, regular members Abbott, Hoyt, Wadsworth, associate member Hamilton, and the secretary, Mrs. Macomber. At 7:30 p.m, the following petitions were heard: John Modoono - for permission to sell Christmas trees, wreaths, greens, etc. during the month of December, 1965 at 196 Woburn St. Frank E. Ferguson - to vary the Lexington Zoning By-law in order to erect an addition to existing house at 8 Holton Rd. which would be 2'6" short of the required 15' side yard. Avon Realty Trust - Joseph F. Deignan, Trustee - to vary the Lexington Zoning By-law in order to reduce the required number of parking spaces from 58 to 54. William E. and Edna M. Frith - to vary the Lexington Zoning By- law in order to divide land at #141 Lowell St. into three lots, all of which would have the required area but two of which would have a frontage of only 113 ft. instead of the required 150 ft. At the close of the hearing an executive session was held during which the following decisions were reached: John Modoono - granted Frank E. Ferguson - granted Itek Corporation - granted with the following conditions: that no glare, noise or smoke be developed as a result of the operations to Itek Corporation - for a finding and determination that a pro- posed addition to their building at Maguire Rd. as shown on plan submitted, will constitute a suitable development and will not re- sult in a detriment to the neighborhood. In its final configuration the building extends toward Maguire Rd. to within 90 ft, of the right-of-way which will thus require a variance of 10 ft. from the front yard setback specified in the Zoning By-laws of the Town of Lexington. ' Tidewater Oil Companv and Daniel P. and Eleanor M. Curtin - for permission (1) under the Lexington Zoning By-law to operate a retail automobile service station on a parcel of land situated on Marrett Road, and being part of the area numbered 431-433 Marrett Rd., in a C 1 - Local business district, the service station build- ing now existing on the parcel to be demolished and the new service station building and structures to be located substantially as shown on plot plan filed herewith; and (2) under the Lexington Sign By-law to erect and maintain in connection with said service station one standing sign to be located substantially as shown on said plan. Avon Realty Trust - Joseph F. Deignan, Trustee - to vary the Lexington Zoning By-law in order to reduce the required number of parking spaces from 58 to 54. William E. and Edna M. Frith - to vary the Lexington Zoning By- law in order to divide land at #141 Lowell St. into three lots, all of which would have the required area but two of which would have a frontage of only 113 ft. instead of the required 150 ft. At the close of the hearing an executive session was held during which the following decisions were reached: John Modoono - granted Frank E. Ferguson - granted Itek Corporation - granted with the following conditions: that no glare, noise or smoke be developed as a result of the operations to TIDEWATER OIL CO., DANIEL P. AND ELEANOR M. CURTIN ' Hearing - November 16,1965 Hearing on the petition of Tidewater Oil Co. and Daniel P. and Eleanor M. Curtin for permission to erect a filling station at 431- 433 Marrett Rd. and also to install one sign as described in petition, was opened at 8:55 p.m. Present for the petitioners were Harold E. Stevens, Attorney; Ralph M. Warrington, and Richard E. Harrison, Engr. Mr. Nickerson introduced Mr. Stevens as attorney for the petitioners. Mr. Nickerson: Mr. Stevens, you have submitted to us a plot plan by Tidewater Oil Co. showing the land in question with the proposed build- ings outlined upon it. Do you wish to enlarge upon this? Mr. Stevens: This is on a State highway and therefore the local authorities do not have control of the driveways but the Company will have to make its arrangements with the State Dept. of Public Works and follow their advice as to openings, etc. I would like to submit with the plot plan a plan which shows the whole ware of this C 1 district as owned by Mr. and Mrs. Curtin for the purpose of showing the relation of this parcel to the whole area. The southwesterly corner is this parcel and contains an area of 16,350 sq.ft., a frontage on Marrett Rd. of 140 ft. and a depth of 123 ft. This is a C 1 parcel of land. The petition is a ' joint one by the owners of the land, Mr. and Mrs. Curtin, and by the Tidewater Oil Co. who is the lessee of the parcel with which we are con- cerned. I think that probably you know, because manh of you have lived in Lexington for a great many years, that this is one of the old filling stations. It became such in 1927 and has continued to the present time. This last year a fire did quite a bit of damage to Mr. Curtin's garden shop and now the owner is desirous of leasing the station to the Tide- water Oil Co. who would plan to erect a modern new colonial filling station to replace what is there now and operate it in the usual manner of an excellent filling station. Since the plot plan was filed, the company has decided that it will make a better arrangement if the buildings are moved westerly a distance of 5 ft. This will leave a side yard with a minimum width of 20 ft. This is the only change. The building will have a frontage width of 47 ft. and depth of 42.8 ft. We have an artist's rendering of the structure (shown). This is designed as a colonial style building and it has been specially designed for this location. The exterior is of Harvard brick and the trim is colonial. The station would be'a three -bay station -- two bays in front as a lubritorium and in the rear an inspection bay which allows cars to go in back of the building and will enable the annual inspections to be carried on for the convenience of motorists. I will be glad to answer any ques- tions. Nickerson: This is of first-class construction? ' Stevens: We have here our engineer, Mr. Harrison - Mr. Richard Harrison. He will be able to answer such questions. Mr. Harrison: The complete plan shows an island for the pumps, set 20 ft. Curtin -3- Nickerson: The location, -of the standing sign is shown on the plot plan. It is the usual type of standing sign with a disc and "flying ' A" that extends across the front of the circle. (Reading plan of sign submitted by Mr. Stevens) and this is the plan which shows the complete design of it. 8 ft. in diameter - overall 14 ft. plus 8 ft. and 2 standards set up on concrete beds. The curb only sticks up 6". It doestiC't'bverhang the state highway. A stationary sign. It is dual faced and has a number'of fluorescent tubes inside plastic. It is red and the wings are white. The only part that shows is the white part. This is white lettering on a red background. It is not rotating -- non - flashing, non -rotating. Did I understand each tube has 800 watts? Harrison: No. I meant 800 milliamps - 8/10 of the amphere for the tube -- 800 milliamp type tube -- 3200 milliamps total. According to the light patterns I use this fixture is going to give a general illu- mination of about 40 ft. in diameter -- the outside will be four and underneath the fixture, and 13 ft. from the fixture will -be 28 which we feel is plenty. (Here Mr. Abbott gave an explanation of the technical meaning of the light terms.) Nickerson: The reason we ask the question is because if the permit is issued we will tie it down to the answer, so if we give permission for 800 milliamps for four tubes it may be insufficient. Harrison: Usually we have one of these lights at every corner but at this location there is enough street lighting so we don't need one at the other corner and of course we need one down at the other end be- cause there is not quite as much light. Wadsworth: I am confused about this. Is this going to be a drive- way? (pointing to map) Harrison: This strip you are referring to is 20 ft. wide on the east- erly side of the property allotted to the filling station. This is kept open and available and can be used as an adjoining strip - it is not going to be built upon. Will be available for common use so it could be used for access. The company cannot put anyth*gon it. Have to keep it open. No construction or parking cars. It will be used as access to. the inspection bay at the rear of the building. It is a more convenient access. Nickerson: There is no question of parking - obviously theme -is plenty of space on the lot. I am referring to the parcel being leased to the Tidewater Oil Co. - 16,350 sq.ft. Stevens: There is not going to be any particular need for parking - there will be no parking operation there. This is all for the opera- tion of a filling station. Nickerson: Does anybody wish to speak in favor? In opposition? Corydon Wyman, 411 Marrett Rd. A number of years ago we went over a gas station change with Mr. Curtin and possible removal of the gas station to across the street at which time it was turned down or with- Curtin -5- Sally Burgess, 34 Downing. Rd. I object. ' Nickerson: I have here a letter from Harry J. Myers, Jr., 27 Outlook Drive, that consists of 3+ pages of argument against our granting this petition. I am not going to read it because the contents have already been stated and discussed.Is there any further new objection? Hearing none, the hearing is closed and you will be notified. (9:35 p.m.) Following the hearing an executive session was held during which a decision was reached to grant the petition, four to one, Mr. Wadsworth voting against. 1