HomeMy WebLinkAbout1936-01-17n
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PLANNING BOARD MEETING
January 17, 1936
Present:- Messrs. Duffy, Borden, Robinson, Sellars and Kimball.
An informal hearing was held on the question of es-
tablishing a Limited Apartment Building Zone and Mr. Merriam's
proposal for utilizing the "Factory" site for such purpose.
A stenographic record of the discussion is a part of the re-
port.
From the opinion expressed at this hearing, and with
only one definitely opposed', the Board believes that in
fairness to all concerned it should take the necessary steps
to present to the Town an amendment to the Zoning By -Law
which will provide for a zone in which a so-called Limited Limited
Apartment may be established. Mr. Merriam is to be noti- Apartment
fied to this effect with the understanding that the Beard
will not necessarily recommend favorable action and that Building
Mr. Merriam will also initiate a petition covering the
specific area to be changed.
The indications are that serious problems involving
the Building Laws may arise and'if Mr. Merriam finds that
he cannot proceed with his plans, the Board will hold the
entire matter in abeyance.
1/20/36 Note:- Mr. Merriam has been notified and is
proceeding with his petition.
Mr. Duffy reported that he had been informed by Mr.
Crosby that a hearing was to be held at the State House,
Monday A M. regarding the Circumferential Highway, House
Bills No. 41 & 43. Mr. Ferguson, Mr. Cosgrove and a few Ciroum-
members of our board expect to be present. ferential
1/21/36 Note:- Through misinformation
House, Lexington was not represented. Mrs
that he amended the bill to provide for the
In our letter.
The meeting adjourned at 11:45 P. M.
from the State Highway
Crosby reports
route suggested
Clerk Pro Tem.
A
PLANNING BOARD HEARING
January 17, 1936
An informal hearing regarding the proposed apartment house
on the site of the present Meriam Factory was held in the Selectmen's
Room of the Town Office Building Friday, January 17, 1936, at 8:00
P. MI. ti-essrs. Duffy, Borden, Kimball, Robinson and Sellars were
present. There were eleven citizens present.
Mr. Duffy explained that the Planning Board had been asked
a number of times to consider amending the Zoning By -Law so as to
permit apartment houses other than in the business areas in which
they are now permitted. After several informal hearings and dis-
cussions, it is felt that although there hasn't been enough demand
for apartments and that the Town is zoned for single family resi-
dences, there was some merit to apartment buildings in a Buffer zone
between a business and a residential zone and have drafted a tenta-
tive amendment to the Zoning By -Law which would permit, under
restrictions, the construction of multe-house developments He
further stated that 1;1r. i,_eriam had come before the Board and re-
quested the Boardfs opinion as to whether some modification of the
Zoning Lair could be found to permit the alteration of the Meriam
Factory so as to allow its use for apartment purposes. It is felt
that this would mean the changing of the Zoning Law to either a
business zone or the creation of a different type of zone such as
a Buffer. The matter has been carefully considered and the Board
has not changed its feeling in respect to the general policy but
thought it would. be helpful to the Board and Mr. Meriam to have
the views of the property owners in that vicinity and other
interested citizens.
i,lr. Neriam stated that he was glad of the opportunity to bring
this proposal before the Planning Board and citizens of the Town
who were interested, and that the plan was the result of careful
study and thought and the best advice he could get. lie further
explained that the building is now empty except for• machinery
storage which will be out in a few months. There are no operations
going on now and if any more the matter will have to be approved
by the Board of Appeals and any change in the building other than
single family houses will have to be approved by the Planning Board
and the Town. He had considered the possibility of converting it
into a storage warehouse but that did not offer chance of success;
has tried t,o find another manufacturing tenant but in surrounding
cities there is so much space available for cheap rentals, the possi-
bility seemed remote. The possibility of razing the building and
putting up three or four single houses was considered but because
of the long basement which would have to be filled in, it was found
that there would be little salvage. The proposed plan is to remodel
the building into a type of house,which is more prevalent in Phila-
delphia, called a semi-detached house. The proposed plan, drawn by
Mr. Brown, showing bungalow type apartments, was presented. Mr.
Meriam explained that from rough estimates on the plans as shown,
there is approximately 110,000.00 of convertible value if it were
remodeled into apartment houses along the lines laid out. The present
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building
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building is assessed for $17,000.00 and the taxes are quite a burden.
In going around the neighborhood, he stated that almost without
exception, people felt it would be an improvement and it would
bring into the Town approximately twice the amount of taxes now
received. He also found that there was quite a need for apartments,
as people have left town because they could not afford to operate
a single house. In regard to the feeling that it, as an apartment
building, might be sold and get a poorer class of tenant, Mr. Meriam
stated that he intended to build it and operate it himself. He in-
tends to make the building simple, of good construction and have
a good class of tenants with the rent running from $45.00 to $65.00
per month. There would be 15 ApaPtments, 2 in the office building,
3 on the opposite end and 10 in the center.
Mr. Hallie C. Blake asked what was to become of the P6kins
house and Mr. Meriam replied.that it would either be razed or moved
and rebuilt.
Mr. Duffy explained that when the Zoning Law was enacted,
the factory was considered and it was felt that the wisest way
to handle the situation was to leave it in a residential district
and allow it to be used in a non -conforming way so that while it
may continue along its present lines, it cannot be changed into
an apartment without some change in the Zoning Law.
When asked if the Board had ever had similar requests, Mr.
Duffy stated that an apartment house was planned in the area rear
of the Marshall block but because of lack of funds, it never mater-
ialized. He also stated that it was the policy of the Planning
Board that when conditions re,qu.ired changes in the Zoning By -Law,
these changes should be considered along broad lines and not for
Individuals.
' I'+Ir. Worthen asked if there were any State laws which should
be considered in connection with this proposition and Mr. Duffy
replied that he thought that as long as the Town had accepted the
Tenement House Act, it should apply here.
Mr. Ir_eriam stated that the Town laws did not apply to apart-
ment houses as they refer to common hallways and stairways and in
his plan each tenant has separate entrances.
Mr. Kimball stated that he had talked with Mr. Madison and
found that in certain instances one -family houses in one -family
districts have been changed into two-family houses but the Board
of Appeals did not care to go further.
Mr.`Northen asked if the Building Laws were clear regarding
division walls and Mr. keriam replied that he was planning to run
fire walls, that come under specifications, in the two story part
of the building between the apartments. It is his plan to use the
type of wall used by Charles Newhall in Brookline, in the lower
part of the building where just the main floor and the basement
are to be used. In the type of wall between the apartments there
is going to be what is called "One Hour Fire Test". This would
have to be taken up with the Board of Appeals. He also stated
that he intended having a central hot water heating system.
Mr. Borden inquired whether or not Lexington real estate
showed demand for this type of apartment and Mr, Worthen answered
that his biggest request is for a five -room house which is not in
very good repair and 3 acres of land.
Mr. Duffy stated that Mr. Greeley had presented a plan for
an apartment house and the Planning Board had made a proposed draft
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of an amendment, but did not feel' justified in going to the Town
unless it could be properly financed. It was also the feeling of
the Board that if there was a demand for an apartment in Lexington
it would have been built on the Barnes land before it was turned
' into a residential district. This lead the Board to believe that
there was no real need for apartments. He also called attention
to the fact that if the Board decide to recommend a certain type
of zone,which will permit this, it will open the door to other
cases because it is not possible to zone for individuals but will
be laying down a permanent policy for the Town to follow.
Mr. iveriam asked if the other apartment projects contemplated
using locations a block or so off'the street and Mr. Duffy replied
that the locations were as follows: Rear of Marshall block, on
Nluzzey Street in the rear of the Trust Company and on Waltham Street
at the corner of Vine Brook Road.
Yr. hleriam reported that he had talked with Mr. Reynolds,
the real estate man who stated that he had constant demand from
people,outside of Lexington, for an apartment of this type, and
the rentals previously mentioned were his figures.
Pyr. Lewis asked if there was ample room for apartment houses
in existing business districts and Mr. Duffy replied that there
is no area in the center without taking down the present building.
Mr. Duffy stated that when the various areas were considered,
at the time the Zoning Law was framed, the question was raised as
to whether the T,1eriam Factory and Jefferson Union lots should be
left in business zones and it was felt that it would be unfair to
hurt such a large abutting area by introducing a business district
adjacent to it so it was decided to leave those buildings in
residential zones as non -conforming uses and continue as such until
there was reason for making some change in the hope that the situation
could be adjusted so that the district would be strictly along the
lines of the balance of the district.
Mr. Everett Emery felt, under the present economic conditions
and with the future as we see it for Lexington, that there is a
demand, particularly for young people and some older ones, for an
Inexpensive small house or inexpensive apartment of good typep. and
believes that Lexington is not going to hold its desirable young
people if something of this sort is not provided. As a near property
owner, he has no objection to this proposed plan going through under
the restrictions he feels the owner and the Planning Board would
put on it.
Mr. Duffy stated that if any changes were made, they would
affect other areas as well as the one in question.
Mr. Emery continued that as far as he knew about it, there
are some changes which are bound to come in time in any desirable
town and feels that something could be done to make these changes
without sacrificing good qualities of the Town which we want to
preserve.
Mr. Charles Holt stated that he, as a near neighbor and a
member of the young group, fully agreed with Mr. Emery and knows
of several young people who have had to leave town because they
could not find suitable accommodations. As far as detracting
from the area, he thinks it would add, because eventually the
factory will be torn down or just left to go to ruin and it would
be more sightly to have a well built apartment house than an ugly
cellar.
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Mr. Leland Emery stated that his mother would be glad to
see the change, thought it would help here -property and with a
little urging would move into an apartment herself. As an adjoin-
ing property owner, his mother is very much in favor of the proposed
plan.
Lor. I°,orthen felt that it is better policy to establish an
apartment house zone now rather than wait until each problem
arises. He felt also that there were two things to be considered,
changing the Zoning Law and before this alteration is carried through,
the Town must be assured that such changes are made in the Building
Law to provide a safe place for 15 families to live in under one
roof. There is a building problem which cannot be set aside when
discussing zoning. Felt that if the change was made to permit the
apartment house and then it was found that building laws could not
be agreed on to carry it through, the situation would be like that
of the Greeley case where he asked for the change and then was
unable to finance it.
ivir. Meriam stated that he wanted the approval of the Planning
Board regarding the Zoning Law, after which he intends going before
the Board of Appeals with the matter of Building Laws and then be-
fore the Town with both.
Mr. Kimball stated that Mr. Madison, of the Board of Appeals,
who had been asked to attend but was unable, had told him that he
had talked with Town Counsel as to judgement on matter of Bgilding
Law and found that the decision of the Board of Appeals could only
apply where there is a difference of opinion between the builder
for a ruling made by the Building Inspector and they had no power
In regard to the changing of existing laws.
Mr. Meriam then explained that he had been unable to find
any law in Town affecting apartment houses.
Mr. Duffy asked him if he had conferred with the Building
Inspector and Mr. P,ieriam replied that there -is nothing for him
to go by except the two-family house section of the Building Law.
X . Duffy stated that the Tenement House Act was accepted
by the Town and Prr. Yeriam agreed that anything worked out under
Building Laws or Tenement House Act would be followed.
Mr. Worthen looked up the Tenement House Act for Towns and
found it in General Laws, Chapter 145, dated April 9, 1925
Mr. Preston stated that he had a great deal of sympathy about
the broad range point of view and the reason for a buffer zone not
already established because of doubt as to whether there was sufficient
demand for it, but did newt think it would be well to start with
this area as an experiment.
Mr. Kimball explained that if an amendment was made to the
Zoning Law, it would be on the books as an R.3 District which is
then open to anyone who petitions later on.
Mr. Meriam asked if it were possible to obtain a new non-
conforming use on the same area for a different purpose and Mr.
Duffy replied that that would come under the Board of Appeals but
the law states that the area cannot be used fq�.r anything substantially
different.
i,ir. Duffy stated that if a change was made, it would be wise
to include that area bounded by the railroad, Meriam Street, Oakland
Street to the natural boundary.ihit is about double the area in
question and would.give others an opportunity to put up apartments.
Mr. Lewis stated that when he moved to Lexington 8 years ago,
because of similar trouble in his previous home, it was with the
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assurance that Lexington was zoned and would be a single home town
and that the hieriam Factory, when operations ceased, would be under
the residential Zone. ITe also stated that while he is im sympathy
with Yr. Yeriam, he is opposed to changing the zoning of any
particular lot to accommodate one person. It was his opinion that
if the Planning Board felt there was need for a buffer area, the
matter should be brought up and voted on.
Er. Sellars asked Ie_r. Lewis if he would be in favor of having
the property between I+.eriam Street and Hancock Street created into
a buffer zone and Iv.r. Lewis replied that he would be against it
as that property was a separate unit.
Yr. Hallie C. Blake stated that while he is not an abutting
owner, has property in Lexington, Lives on Meriam Street and
thinks that an apartment house of the Meriam lot would be more
sightly than the present building. He feels that there is demand
for apartments in Lexington and if Mr. hieriam had control of.it,
is sure it would be satisfactory.
Mr. Lewis felt that a lot adjoining the railroad track was
not desirable for apartments and did not think the people would
stay in apartments located in this spot.
To this I:Ir. hieriam answered that the houses were to front
on Oakland Street with the sleeping quarters in the rear and that
it was his intention to plant a hedge to screen off the railroad
property.
P:r. Emery stated that between 8:00 A. M. and 5:00 P. M. and
after 7:30 P. M., it does not seem like railroad property as there
are no trains.
Mr. Duffy asked for other opinions, and as there were no
others who wished to speak, the hearing was declared closed at
10:00 P. L.
Respectfully submitted,
Clerk Pro -Tem
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