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HomeMy WebLinkAbout1933-03-17LE%IHGTOA PLANNING BOARD P U B L I 0 H E A R I N G March 17, 1933 Mr. Daniel J. O'Connell, Petitioner On the above date a Public Hearing was held in the Selectmen's Room of the Town Office Building, for consideration of the pro- posed change from an R-1 District to a 0-1 Distriot, the zoning of the triangular plot of land bounded on the north by the Boston and Maine Railroad; on the south by Woburn Street; and on the west by Fletcher Avenue. Messrs. Duffy, Glynn, Kimball, Milne, Scheibe, and Robinson were present, also the secretary. Mr. Duffy, presiding, read the petition of Mr. O'Connell, and the formal notice of the hearing which had been published in the local newspaper and had been sent to ninety-one property owners within a designated area. The petition was signed by the owners of fifty per cent in valuatAon of the property within the area designated; and a certificate to that effect, from the Assessors Department, was attached. Mr, Daniel J. O'Connell the petitioner explained that he seeks this change in zone so that he may be silowed to erect stores on the lot in question, thus putting it to profitable use and increas- ing its value to the Town as well as to himself. He pointed out that this is the fourth time the people in that neighborhood have expressed themselves in favor of such a change; in fact, he knew of no protest from anyone in the area, and the residents on most of the streets within the area designated by the Board had signed the petition 100 per cent. He stated that he had talked with Mrs. Baker, who lives next to the Colonial Garage and who favors the change; and he said that Mr. E. B. Worthen also is strongly of the opinion that the plot should be in a business area. Mr. O'Connell reminded the Board that the Town Committee which had considered it as a possible site for a fire -station, had abandoned it; and he also disagreed with the suggestion that it is at all suitable for park or playground purposes. He said that he is not now asking for a waiver of the prescribed twenty -foot setback, but is willing to set his proposed buildings back twenty feet from the street line. Mr. Duffy inquired if it is still Mr. O'Connell's intention to give the Town a certain portion of the area for the purpose of widening the junction of Fletcher Avenue and Woburn Street; he replied that he believes the intersevtion should be widened and Is willing to give whatever the Town Engineer thinks necessary. Replying to a question by Mr. Robinson, Mr. O'Connell said that if the change in zone is granted, he intends to commence the new b$ildings at once; that he already has tenants for the stores which are to be a grooery-store, a barber -shop, and a general store. The tenant now occupying a grocery -store in Mr. O'Connell's 1 1 Hearing 3/17/33 (2) property on Woburn Street will move old building, which was originally a its former use as a dwelling. into the new block; and the house, will be restored to Mr. Joseph A. Vaughan spoke in favor of the change in zone. He said that he has lived in Lexington many years; remembers that at one time the plot was a dump, sometimes flooded with water; thinks that Mr. O'Connell has greatly improved the property already, and is anxious to see it in a business zone so that it may be fOrther developed. Mr. John Murray of Fletcher Avenue, and Mr. Philip P. Leaf of Cottage Street, both stated that they have lived in the neighbor- hood for twenty-five years; that Mr. O'Connell has improved the lot by filling it in so that it is no longer an eyesore; and that in their opinion he should be allowed to make use of it for bus- iness purposes. Mr. Clarence Dalrymple and Mr. Paul McDonnell also spoke in favor of the proposal. Mr. J. A. Moulton of 15 Sherman Street expressed himself in favor of changing the plot to a business zone, pointing out that the first draft of the Zoning By-law had zoned it for business and he sees no reason why it should not be returned to that status. He felt that the proposed new buildings would provide much-needed em- ployment for a number of men. Mr. Duffy read a letter from Mrs. Ellen D. Lewis of Winthrop Road, who wished to be recorded as favoring the proposed change, although she is not at present in Lexington. In opposition, Mr. Fred Viano, proprietor of the Colonial Garage, spoke representing his father, Mr. Felix Viano. He did not ser- iously oppose the rezoning of the area under discussion, but is of the opinion that there is no justification for the construction of additional business property in the Town, there being a number of vacant stores in the business center, as well as adequate areas already zoned for business that are available for development when needed. Mr. O'Connell then stated that he intends to rebuild Fletcher Ave. from the railroad to its junction with Massachusetts Avenue and Woburn Street, and to construct sidewalks around his whole lot. He further said that he had purchased the property adjoining the Bap- tist Church on the east, in order to prevent business development there, so that he now owns all the area from there to Winthrop Road on that side of the street. While it is possible for him to build stores there, he felt that area should be retained as residences. Mr. Milne inquired of Mr. O'Connell if the latter would favor the withdrawal of the area opposite, extending from the Cary Memorial to Fletcher Avenue, from business zoning; he replied that he would be in favor of such action. Mr. Glynn asked if he had ever thought of changing the area from the Baptist Church to Winthrop Road, from a 0-1 to an R-1 zone. Replying in the negative, Mr. O'Connell said Hearing 3/17/33 (3) that he does have in mind replacing the present "Battle Green Tea Room" with a new building of the same character as the Town Offices and Carp Memorial, so that both sides of the street would be some- what in harmony. He further said that the old Russell House is being offered for sale, and he would be willing to contribute toward keeping it for possible Town use. There being no further discussion of the matter, Mr. Duffy then declared the hearing closed. Mine citizens were present. 1 MEETING OF PLAWIWG BOARD March 17, 1933 Following the O'Connell hearing of the above date, the Hoard discussed the petition at considerable length, Mr. Glynn suggested that it might be possible to make some "trade" with Mr. O'Connell whereby the latter's property between Winthrop Road and the Baptist Church could be rezoned for residences, because if Town buildings should ever be extended easterly, on the opposite side of Massachu- setts Avenue, the character of the O'Connell property would become of importance. In this connection, Mr. Milne suggested that if such a change is to be attempted, the Board should withhold action on the present petition for a time. Postponement is further desirable, pending some disposition of the proposed extension of Sherman Street ' through to Woburn Street; the possible separation of grades at the Woburn Street crossing; the closing of Fletcher Avenue from the rail- road to Massachusetts Avenue; and a study of the probable future development of the land between the Cary Memorial and Fletcher Avenue. All of these matters have a bearing on what should be done in the way of any new business zone in that locality. Mr. Scheibe stated that Mr. Edward Wood had expressed himself in favor of granting the O'Connell petition, advancing the reason that new stores or other business prtperty in the triangle will add greatly to the tax-income from it to the Town, Mr. Willard Hill was also re- ported to favor it, for similar reasons. Mr. Kimball said that he was inclined to favor the rezoning, only if it could be done with the ' agreement that no damages would be claimed in case of alterations in the Woburn Street grade-crossing. P.B.Meeting 3/17/33 (2) Mr. Glynn then made the following motion: "That the Board report to the Town that it does not favor the changing from an R-1 to a 0-1 District of the O'Connell property in question, at this time; and that it further report in detail its reasons: (1) The Board hopes that some means may be found of acquiring the land for Town purposes, or some other arrangement for keeping it out of a business zone. (2) If the above is not feasible, when any change is made in the zoning of the plot, it should be accompanied by a change of the area on the opposite side of Massachusetts Avenue from a 0-1 to an R-1 District. (3) If ever the Town should decide to change this plot to a C-1 District, such change should be made with the agreement that no claims be made against the Town as a result of loss in- curred by separation of grades at the Woburn Street railroad orossing. " Discussing the motion, lir. Robinson said that he favored it except that he did not think the Town ought to be committed to the purchase of the property; that the triangle is probably due for a change in zone sooner or later because many people feel that it is far enough off the Avenue so that business development there will not be detrimental to any civic development between the present Town property and the High School. He recommended the withdrawal of the area extending from the Cary Memorial to Fletcher Avenue from its present zoning for business. Mr. Milne then offereja substitute motion: "That the Planning Board report to the Town that it does not approve a change at this time of the area between Woburn Street, Fletcher Avenue, and the property of the Boston and Maine Railroad, from an R-1 District to a C-1 District." Being seconded, this motion was unanimously voted. 1 Mr. Duffy then read a letter from Mr. Hartmann relative to a hearing to be held at the State House on Souse Bill No. 1240. The P,B,Meeting 3/17/33 (3) ' provisions of the bill were reviewed, and the Olerk was instructed to write our local Representative, and Mr. Hartmann, to the effect that our Board favors the general provisions of Part I, but is strongly opposed to Part II, The meeting adjourned at 11:15 o'clock. 1 1 Olerk