HomeMy WebLinkAbout1933-10-13PUBLIC HEARING BY PLANNING BOARD
October 13, 1933
MARY A. WHELAN PETITION
' A public hearing was held by the Planning Board was held in the
Selectmen's Room of the Town Office Building on the evening of Oct-
ober 13, 1933, on petition of Mary A. Whelan, for consideration of
a proposed change from an R-1 to a 0-1 District of the parcel of land
ddsoribed as follows :
Property numbered 259 Bedford'Street, and lots adjacent thereto;
being lots 30,31,32,33, and 34 on plan of Sunnyfield, Lexington,
Massachusetts, duly recorded with Middlesex South Registry
District Deeds as follows:
"Southwesterly by Bedford Street 170.58 feet; southeasterly
by right-of-way 161.16 feet; norkheasterly by Ivan Street
179 feet; northwesterly by lots 29 and 35 as shown on said
plan 142.03 feet."
Board members present were Messrs. Duffy, Glynn, Kimball, Milne,
and Robinson; also the secretary.
Mr. Duffy opened the hearing by reading the legal notice whaah had
' been published two successive weeks in the local newspaper, and had
been sent to 197 property owners; and the petition which was signed
by Mary A. Whelan and Neil McIntosh, with signatures of owners of what
was certified to be more than 50% in valuation of property within the
area ddsignated by the Board.
Mr. Pierre A. Northrup appeared as attorney for Miss Whelan, and
stated that the property named in the petition is located on Bedford
Street 1i mile from the center of the Town, in a residential zone but
in an area not wholly residential because in the immediate neighborhood
is the socalled Smith Bell Farm located on the opposite side of the
street, and Bean's Golf Range, a 0-1 District, which adjoins the pro-
perty on the east. Miss Whelan has operated a tea-room here for two
years under a permit from the Board of Appeals; but this year the Town
' Counsel had ruled that a permit could not be granted, and she had been
informed that a change in zone will be needed if she is to continue to
conduct that business in that location. Although the petation asks for
Hearing 10/13133 (2)
a rezoning of five lots, Miss Whelan is actually interested in lots
30 and 31, the other three being on Ivan Street. Miss Whelan had
leased the property in 1931 from Mr. McIntosh, with an option to pur-
chase; and she claimed that she was assured at the time by Twon au-
thorities that she might operate a tea-room and accomodate towrists.
Signatures had been obtained throughout the area designated by the
Board, extending from the Bedford line to North Hancock Street, and
the owners who signed represented property valued at $66000.00 more
than the 50% required by law. No property owners so solicited had
refused to sign the petition. Mr. Northrup sial further that Miss
Whelan intends to. do nothing more than continue the same business that
she has carried on for the past two years; that she has invested about
$5000.00 in repairs and alterations to the property. He asserted that
rumors to the contrary notwithstanding, the tea-room had been conducted
' properly in the past; and that if cause should arise, the Selectmen
still have the right to revoke licenses under Chapter 140, Section 30
of the General Laws.
Mr. Neil McIntosh spoke in favor of the change. He said that he
had patronized Bliss Whelan's tea-room from time to time, and knows
a number of well-known townspeople who have had meals there and who
would certainly not do so if it were not a properly -conducted place.
He pointed out that when the Town was originally zobed, lj% of the
area was designated for business, although the population was only
7000 at the time, and that it had been understood then that additions
could be made to meet future needs. In his opinion, the area under
discussion needs more business facilities; and that it would be very
proper to build a store in this location if the zone can be changed.
Replying to a question by Mr. Duffy, Mr. McIntosh said that he favors
the inclusion of all five lots in the proposed 0-1 Zone; and that he
would not oppose an extension of the business zone along Bedford Street
Hearing 10/13/33 (3)
opposite the Smith Bell Farm, providing that the rear lots were changed
' also. He felt that such zoning will not affect the other property in
the Sunnyfield development, as all his lots on Bedford Street are sold
with an agreement as to what is to be built upon them.
Mr. Joseph Kelly of Ward Street stated that he had worked at securing
signatnrea to the petition; that he had interviewed 98% of the people
who signed and that none had objected. His opinion is that in view of
the existence of the Smith Bell Farm and the Golf Range, this Phelan
plot should also be zoned for business.
Mr. Frank Longleway of 224 Bedford Street spoke in favor of the
petition, stating that he wished to assume responsibility for a com-
plaint reported to have been made against Miss Whelan, in that when he
first moved into his place he had held a housewarming party, with some
consequential disturbance which had been mistakenly attributed to guests
from the Mary Alice Tearoom.
Mrs. OtDonnell, claiming residence at the corner of Bernard and
Ivan Streets, said that she favors the change in zone, and would like
to see a store in that district.
There being no others who indicated a desire to speak with respeot to
the petition, the hearing was ddclared closed at 5:45 o'clock.
Clerk
PUBLIC HEARING BY PLANNING BOARD
October 13, 1933
DANIEL J. O'CONNELL PETITION
A public hearing was held in the Selectmen's Room of the Town
Office Building on October 13, 1933, at 8;50 P.S., for consideration
of a petition by Daniel J. O'Connell to change from an R-1 District
to a 0-1 District of the triangular lot 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.
Planning Board members present were Messrs. Duffy, Glynn, Kimball,
Milne, and Robinson; also the secretary.
Mr. Duffy read the petition, and the legal advertisement of the,
hearing which had been inserted in the newspaper and mailed to 90 owners
of property. The petition was signed by Mr. O'Connell, and carried
the signatures of persons certified by the Assessors to be owners of
more than 50% in valuation of property within the area designated by
the Board as affected by the proposed change.
Mr. O'Connell, the petitioner, stated that everyone is familiar with
the proposal since this is the fourth time it has been presented. He
maintained that in view of the adverse report of the committee which
investigated the matter, there is no possibility that the land in
question will be needed for a fire -station. There are no changes in
the plot
conditions with respect to his petition; he wishes 11 placed in a 0-1
Zone so that he can build stores and a filling -station upon it, thus
making it more profitable to him and to the Town. In his opinion, the
fact that the same people hadresigned his petition four times indicates
that they really want the change made. He said that he had worked
' for the adoption of the Zoning By-law in the first place, and at that
time it had been stressed that the By-law could be amended whenever
occasior/skould arise. The company which is to occupy the proposed
Hearing 10113133 (2) (O'Connell)
filling -station is willing to adopt whatever style and type of build-
ing is approved for that location. Mr. O'Connell repeated that he
intends to rebuild Fletcher Avenue from the railroad crossing to
Woburn Street, build sidewalks on both sides of the triangle, and
provide for proper lighting, all of which would be at no expense to
the Town. He referred to his previous statement that he favors
the changing of his property on the southerly side of Massachusetts
Avenue between the Baptist Church and Winthrop Road, from the present
0-1 Zone to an R-1 Zone, and said that if the Town Counsel would draw
up an agreement covering his acceptance of such a change, he would be
willing to sign it.
Mr. Eugene J. Viano spoke in opposition to the petition, saying
that in his opinion no more business area is needed, while merchants
now in existing butiness zones are having difficulty in making enough
to pay expenses. He said that Mr. Warren Russell has expended con-
siderable money in remodeling the old Russell House into a single res-
idence, and is strongly opposed to the change petitioned. Mr. James
J. Walsh had also told him that he prefers no change in zone of this
plot, although he would not exert active opposition. Mr. Viano also
pointed out that large numbers of children cross the street at this
location, and the conducting of a filling -station here would add to
the existing hazards. Mr. Viano then presented a letter opposing the
petition,signed by John A. Sellars of the Concord Avenue Garage; Mr.
Charles Currier of the Countryside Filling Station; Mr. D. F. Ross
of Ross Stores; F. K. Johnson of 39 Bedford Street; Eugene J. and
Felix Viano of the Colonial Garage; and Warren E. Russell of 1505
Massachusetts Avenue.
Hearing 10/13/33 (O'Connell) (3�
In reply to a question
by Cdr.
Duffy, Mr.
OtConnell stated
that
'
his land on Woburn Street,
across
the railroad
tracks from the
tri-
angular plot, which is already in a 0-1 Zone, is not large enough to
accomodate the three stores that he wishes to build. He also said
that he objected to the bringing -in of names of townspeople who are
located far outside the area in question; that the cellar of the
Russell House is higher #han the roof of his proposed filling -station,
so that the latter should not be in any way objectionable to occupants
of the Russell property.
Since it then appeared that there were no others who desired to
speak for or against the petition, the hearing was declared closed
at 9:40 o'clock.
Clerk
PLA1,7 ING BOARD =TING
October 13, I933
A meeting of the Planning Board was held after the hearings
October I3, 19,,3 in the Selectmen6 Room of the Town Offic Build-
ing. Ilessrs. '_%uiiy, Ro Jenson, Glynn, Milne and Kimball were
present.The secretary was also iresent.
The iha,r r Alice "'halen hearin,,, was discussed a.nd Iir. Milne
felt ths.t if the change was zra.nted for lots 30 and3I2 the other
people in that section who are operating the antique shop, toupi
ist mouses and paint shop will request changes also. He also
stated that he thought the Town made a mistake in crantirw, the
Bean petition because it o)ened that land to any kind of business.
The T"halan house is old a.nd could be torn down and re.nisced by a
fillint station. He felt that the whole matter should be turned
down until some means is found to create a new type of zone in
which hiss `"linlen would be permitted,with certain restrictions
under some Board of the Town, to carry on %ger business.
'.lir. Glenn suggested that if there was a possibility of
workin- out some such zone,that the matter be deferred until the
Pia.nninL, Ba,oard has oy )ortunity to study some amendment.
Mr. Robinson felt that as long as the Bean property was
chan-'ed to business, no other property could be hurt by adding
' the two lots in question.
Mr,Duffy stated that he thought there was a tendency for busi-
ness in that section and approved of the princiZ-)le but felt that a
new amendment should be prepared to take care of such an enter-
prise without chan6in6 the district to business.
Air. Robinson was ap)ointed to write the formal report to
the Town,which lie did and the Board voted to accept it.
BELL FAP,J1
11r, ililne suggested that Mir. Duffy request the committee,
appointed by Mr. Trasx to maxe the survey of the Town, to give
special attention to the Smith Bell Farm as they have uses which
are undesirable to a residentiaizzone and questions will come
up later as to conditions there and, defina.te records should be
on hand.
D AN 17 L J. O'C)TI F,LL
In regard to the Daniel J.O'Connell hearing, Mr.Milne
stated that even though fir,,?'Connell said he would bind him-
self to putting his business area on Ifa.se. Ave. next to the
Baptist Church in the residential zone, he did not do so unless
he petitioned for the cha,nGe.
'Ir. Duffy felt thc,t there was no need for more business
and no change should be recommended, but thought it would be
worthwhile for the Town to ijay ^5,000 to keep the area open.
N
1r. Gljnn stated that he thought no mention should be ivade
of the Town takin6 it over until some use is found for it.
' 21r.:obinson sts.ted that the "lannin,� Board should state,
irrespective of lirevious re�ports, that they feel. this plot is
best adepted for a fire house.
Yesars. 3'dilne and Duffy were a;�fdnint6d.to pre;p the for
mai report on this rietition for Town Meeting.
It vvra.s moved and seconded that the Board votes that the
petition of Daniel O'Conn•ell for a change of zoning in this
district be not 6ra,nted, end it was unamimouely voted.
The meetin adjourned at II:3o P.19.until Monday evenine',
October I6, I933 at 7:00 P.M.
Sheldon L. Robinson, Cl<.rk
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