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HomeMy WebLinkAbout1936-09-17PLANNING BCARD HEARING Daniel J. O'Connell September 17,1936 A hearing was held in the Selectmen's Room of the Town Office Building on Thursday, September 17, 1936, at 7:00 P. M. upon petition of Daniel J. O'Connell to change the zoning 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. Messrs. Kimball, Nickerson, Ferguson and Ellis were present, Mr. Kimball acting as Chairman in Mr. Borden's absence. Mr. O'Connell was the only person appearing in regard to the petition. Mr. Kimball declared the hearing open and Mr. Ellis, act- ing as Clerk, read the notice of hearing which was published in the September 3rd issue of the Lexington Minuteman and sent to the property owners designated by the Planning Board as being affected by the proposed change. Mr. O'Connell related the history of the lot and stated that he could remember it as a pond which was called Fletcher's mond and in the summer was used and known as Fletcher's Dump. ' It had been filled in for years with ashes and rubbish until he bought it and had R. H. Stevens put in tons of rock and then coarse gravel. He remarked that he could also remember when people passing down ;oburn Street would have .to walk through water from the pond. It has cost him considerable money to fill in the dump and stated that it would be impossible to build houses there because there is no bottom to it but that building on the surface, such as he plans, can be done. He then presented a plan showing his proposed development. Mr. Ferguson asked if it was the same plan which was presented with his previous petitions and Mr. O'Connell replied that it was the same one. Mr. Kimball asked the petitioner if he would consider putting the filling station on the Woburn Street side of the triangle instead of at the point facing Mass. Avenue. Idir, O'.Connell stated that he had not thought of putting the station on the -side and was sure that any filling station built there would not be unattractive as it could be seen from his home. It is his intention to restrict that area between the filling station and the block of stores as a lawn. He plans to move the store from across the railroad, which is in part of a house, into the block. Mr. Labes, the operator of the store, has out- grown his present location and needs more room. Mr. O'Connell then plans to remodel the store back into a house. 1,41r. O'Connell related that one of the previous reasons for refusing the change was the possibility of Woburn Street being made a main traffic artery and of an.overpass being built at the railroad tracks, but that is now out of the question because main ' arteries are not bringing traffic into centers but are outski rting. them as is shown by the new Concord Turnpike. He feels that the width of Woburn Street will not be changed. He also argued that the possibility of the Town wanting the land for the new fire station is out of the question because the Town has definitely decided that they do not want it. There are many more desirable locations for a fire station. He also brought out the fact that he had a letter from Mr. Emery written some time ago stating that he wanted to delay con- siadration and was not at that time prepared to state his ideas. Mr. O'Connell felt sure that if Mr. Emery were present now, he would favor the change because the things he had in mind have disappeared. He.then•stated that he had done everything he could do and if the change was not made, there is nothing else he can do with the area. When he filled in the lot he had no idea of this development but since then has decided that it would be ideal for this section of Town. He also felt that the Board had made him go too far in obtaining signatures of property owners by going to Manley Court and Winthrop Road. This section of Woburn Street was dark from Massachusetts Avenue to beyond the railroad tracks and the people who signed the petition have known these conditions and have expressed them every time he has asked them to sign. , Mrs. Worthen'. who when the previous petitions were presented, had always been neutral, signed this time and stated that she wanted the development made. Practically everyone on Sherman Street have signed. The people living in this section want the develop- ment because they pass through Fletcher Avenue. He then stated that at one time he offered to construct Fletcher Avenue but the Town would not let him.- People cannot understand why the Town won't change the zoning of this lot. In the original zoning map of the Town, this triangle was in the business area because it was a dump and no one cared what it was called. Mr. O'Connell stated that the development he proposed to build would not in- jure anyone in the vicinity, had obtained 90% of the property owners instead of 50% and that Yr. Fletcher Taft, Editor of the Lexington Minuteman, also favors the change. As there were no others appearing either in favor or in opposition, Mr. Kimball declared the hearing closed at 7:40 P.M. and stated that the matter would be taken under advisement. Respectfully submitted, O Clerk 1 PLANNING BOARD HEARING Sarah A. Cutler ' September 17, 1936 A Planning Board Hearing was held in the Selectmen's Room of the Town Office Building on Thursday, September 17, 1936, at 7:40 P. Y. upon petition of Sarah A. Cutler to change the zoning from an E.1 District to a C.1 District on the parcel of land des- dribed as follows:- Be5inning at approximatel7'100 feet north of the new Concord Turnpike and bounded on the south by by Clematis Brook for a depth of 100 feet, on the w west by Pleasant Street for a distance of 150 feet. Messrs. Kimball, Nickerson, Ferguson, Sellars and Ellis were present. There were five people appearing. Mr. Kimball, acting as Chairman', in Mr. Borden's absence, declared the hearing open and Irlr. Ellis, acting as Clerk, read the notice of hearing which had been published in the September 3rd Issue of the Lexington Minuteman and sent to owners of property designated by the Planning Board as being affected by the change. Mr. Burroughs, attorney for Mrs. Cutler, stated that he.knew that Mr..Cutler, a former member of the Planning Board, would not want the Town to favor him in anything that would be undesirable ' to the Town. Mr. Burroughs then related that he had read the article of the Planning Board regarding the Concord Turnpike and feels that there are many places along the road which are not available for gasoline stations. The people who own the property east of Mrs. Cutler do not want one, and at Shade Street there is a very steep banking which would not seem suitable, while at Pleasant Street the land is level. In the report, the Board mentioned the fact that filling stations should be one mile from each end of the Town. Miss. Cutler's proposed location is just one mile from the east end of Town. It would seem that when Pleasant Street is widened, there will be no congestion. This would seem to be a place more favorable than Watertown Street or Blossom Street, as at Waltham Street there is quite a hollow and the bridge would seem to make it more dangerous. Mr. Burroughs feels that of the three petitions presented, krs. Cutler's is the most desirable. He stated that she had petitioned once before and as she owns a considerable amount of land which she does not want to part with, feels that the income from a filling station would be of great assistance to her. He feels sure that Mrs. Cutler would not permit_ anything detrimental or that would bring a reflection against the Town, and would not allow the area to be used for a roadside stand. Nr. Kimball explained that if a change is made in the zon- ing the Town could not make any restrictions as to what kind of business is carried on. ' Mr. Burroughs replied that if such a restriction could be made, he knew that Mrs. 'Jutler would comply with it. Mrs. Cutler then stated that she did not intend to run the gasoline station herself but would lease it. She felt that ' she would not want to do anything Mr. Cutler would not want to have done as he was a member of the Planning Board for twelve years and thought too much of the Town to do anything which would be detrimental to it. Mr. Burroughs stated that she intends to lease the property but still have control over it. Mr. Kimball then asked if there were other speakers in favor of the change. Mr. J. A. Thonet, 83 Pleasant Street, Lexington, stated that he wished to speak for himself and also for Mr. Bowman of the VanNe ss Estate. They are willing to have the change matte if no intoxicating liquors are sold. They are in favor of a gasoline station. Mr. Burroughs stated that Mr. Bowman, who is in Verginia, and Mrs. Hatch, who is leasing a piece of her property to Calvin 111. Childs for a filling station, were the only two parties who did not sign the petition so it was felt that there were no ob- jections. Letters opposing the change to permit gasoline stations were read from William P. Knecht and Jane C. Boleyn. ' II As there were no other speakers, Mr. Kimball declared the hearing closed at 7;55 P. M. and stated that the matter would be taken under advisement. Respectfully'submitted, Clerk 1 PLANNING BOARD DARING ' September 17, 1936 Eric S.•Peterson A Planning Board Hearing was held in the Selectmen's Room of the Town office Building on Thursday. September 17, 1936; at 8:00 P. M. upon petition of Eric S. Peterson to change the zoning from an R.1 District to a C.1 District on the parcel of land described as -follows: - At the junction of Blossom Street and the New Concord Highway upon the southerly side of the new Concord High- way and the easterly side of Blossom Street, extending 150 feet easterly along the new Concord Highway and of a depth of 100 feet from the southerly line of the new Concord Highway throughout. Messrs. Kimball, Nickerson, Ferguson, Sellars and Ellis were present. There were three people present. Mr. Kimball, acting as Chairman, in Mr. Borden►s absence, declared the hearing open and Mr. Ellis, acting as Clerk, read the notice of hearing which had been published in the September 3rd issue of the Lexington Minuteman and sent to owners of ' property designated by the Planning Board as being affected by the change Mr. Roy Peterson, representing his father, Eric S. Peterson, stated that they own twenty acres of land along the new road. They have not done a great deal of farming and one brother is in the poultry business. He reported that about two years ago, when the construction of the Concord Turnpike was in progress, he went to the Selectmen's Office, aslm d about a filling station, and was told that the Planning Board wanted to make a study and plan of the area before any developments were made. He also stated that he had petitioned twice for a vegetable stand and was turned downy He now feels that the Planning Board has studied the situation and that his proposed location meets with everything the Board has in mind. He did not think that his location would be dangerous because of the overpass at Waltham Street. It is his plan to,cut the bank at the corner of -Blossom Street, which is fourteen feet high, down level with the road which will make the corner visible to cars coming off Route 128. He also stated that if his proposed location was not exactly what the Planning Board wanted, he could move it downafurther from the corner. He then presented the plan of his proposed filling station which is to be built of natural field stone, of old English type, with ,the pumps enclosed in field stone. This, he remarked, was the type used along the Westchester ' Parkway in New York. He does not intend to have large signs and would make wide driveways with plenty of room to provide for traffic. He also stated that he would be willing to put facts in writing of requirements which the Board might care to make, and it is his plan to have something which would be an asset to the Town. He reported that the distance from his location ' to the Lexington -Lincoln Line is 2.2 miles, and 1.3 miles to Watertown Street, 1.5 miles to the Arlington Line and .7 of a mile to Pleasant Street. It is about 4.2 miles to the nearest gasoline station in Lincoln and at. -least 4 miles to the station on the Alewife Brook Parkway. He plans to put the station back about fifty feet from the grass plot, got his idea of the type of building from the ones he saw in New York, and does not.think there are any of its type arorand Massachusetts. He feels that if the signs are kept off, it will make a very attractive develop- ment. He plans to operate the station himself as he has worked along that line for some time and his father told him he could use the land. Mr. Robert L. Ryder stated that Mr. Peterson had asked him for advice on the matter, as had Mr. Calvin W. Childs, and he had looked over the three proposed locations. He reported that he had read the article of the Planning Board and agreed with everything but the choice of possible locations for,gasoline stations. It is his feeling that Lexington could stand two stations and that the Peterson and Childs locations are,very good and meet the requirements except that the Childs location is at an intersection. He also stated that he thought both locations had been excellently planned and worked out and if the Board would approve them and back them up, he would like to see them both put through provided they are confined to ' gasoline stations, that the plans and specifications are sub- mitted to the Board and that the petitioners be bound in some way,to carry out the statements made at this hearing as to their plans. He felt that if the petitioners would give the Town a written contract of what they intend to build, it would be binding until such time as the zoning can be changed where a limited business zone can be granted. Mr. Ryder then stated that he did not think it would be fair to the petitioners to wait for quch a zoning change as it could not be made until another Town Meeting and they would have to request another hearing for the Town to consider their petitions., It was his feeling that they should agree to enter into whatever zone the Planning Board later grants for,this road. Mr. Kimball read a letter from F. A. Bradstreet stating that he felt the Board should make a decision according to, its recent report and felt that if this change was made, it would allow the same privileges to the property owners on the opposite side of Concord Avenue. Lettersopposing the proposed filling stations along the Concord Turnpike were read from Jane C. Boleyn and William P. Knecht. 1 ' Mr. Kimball then asked if there were others who wished to speak in favor or opposition to the petition and as there were none, declared the hearing closed at 8:30 P. M. and stated that the matter would be taken under advisement. Respectfully submitted, Clerk 1 1 PLANNING BOARD HEARING Calvin W. Childs September 17,1936 ' A Planning Board Hearing was held in the Selectmen's Room of the Town Office Building on Thursday, September 17, 1936, at 8:30 P. 1;1. upon petition of Calvin W. Childs to change the zoning from an R.l District to a C.1 District on the parcel of land des- cribed.as follows: - At the junction of the Concord Turnpike and -Watertown Street the parcel bounded easterly by the curve at said junction 55.98 feet; southerly by said Turnpike 277.50; westerly b -r a line at right angles to said Turnpike 98.87 feet; northwesterly by a line at right angles to said Watertown Street 98.87 feet; and northeasterly by said Watertown Street 286.95 feet. Messrs. Kimball, Nickerson, Ferguson, Sellars and Ellis were present. There were five people present for the hearing. Mr. Kimball, acting as Chairman, in Mr. Borden's absence, declared the hearing open and Mr. Ellis, acting as Clerk, read the notice of nearing which had been published in the September 3rd issue of the Lexington - Minuteman and sent to owners of prop- erty designated by the Planning Board as being affected by the change. ' Mr. Calvin 'Pl. Childs stated that his reason for petition- ing the change was because the traffic going over Pleasant Street to the Concord Turnpike had diverted traffic from his present filling station on Massachusetts Avenue. The business he has had from Lexington people is going over the new road so he picked the location at the corner of Watertown Street as being suited for a gasoline station to get Lexington'traffic. He stated that his assessment for taxes is approximately $50,000.00 for the Ford plant which is divided approximately 50-50. He reported that the lot in question has 300 feet on Watertown Street and 300 feet on the Concord Turnpike so the building can be set well back. He then presented a plan of the development and building which was designed by Willard Brown. He stated that his present showroom was designed in 1920 and no one has ever complained 9,.bout it and no one has ever appeared against him. He explained that the building was to be made of brick and felt that his development would not be dangerous as he knew that accidents hurt business, and he wanted to enjoy a maximum of business. Mr. John Devine of Slocuinb Road then spoke and reported that Mr. Childs asked him to appear. He felt that it would only be fair for the Planning Board to give their opinion as to why this particular spot was undesirable for a filling station as had been stated in their recent report, as it might be helpful ' to Nr. Childs before going before the Town Meeting. Mr. Kimball reported that he could not speak personally for the Board and that the purpose of a hearing was to hear I the petitioner's arguments. Mr..Devine felt that the Board should point out why they had prejudged this particular location as being unsuitable for a filling station before the hearing was held and should help the petitioner to meet the situation at the Town Meeting. Mr. Kimball stated that the report of the Planning Board referred to was out before Mr. Childs presented his petition. Mr. Devine stated that it was only a suggestion and thought that because the proposed station had 300 feet front- age on the street and a setback from the intersection of approximately 200 feet, it would overcome the objections which the Planning Board referred to. He felt that Mr. Childs should be given careful consideration because he has displayed hJs ability in running a dignified establishment in the Town for many years, is a heavy taxpayer, because the new road has taken considerable.business away from his present station on Massachusetts Avenue and because he intends to run it himself. He reported that he had been over the location with Mr. Childs and could see nothing but advantages. There are only two houses near the location, Mr. Norton being one of them and had signed the petition. lie feels that Mr. Childs is present- ing a proposition which is unusual and constructive and which will add scenic beauty to the Town. Mr. Devine then stated ' that if he were a member of the Planning Board, he would grant the three petitions now requested and the troubles of the Board would then be over. Mr. Sellars asked what he would do if other petitions were made in the future. Mr. Devine replied that these three petitions were pre- sented first and would advise that others were not necessary. Mr. Nickerson asked Ri' he would approve three filling stations close together and none on the rest of the road in Lexington and Iti4r. Devins stated that he could not see any objections to the three gasoline stations but thought it a rare experience for cars nowadays to run out of gasoline. Mr. Sellars felt that he could not agree with him as he found there wen9 a number of people who run out of gasoline west of Waltham Street, Mr. Devine stated that he thought the Town would not want to crystalize their minds on an yy set thing and that the practical way to deal with the situation would be to grant these first three applications. There is a long stretch of undeveloped property and three stations would not make any ' difference but it would be hard to grant one and not the others. He further remarked that if the three petitioners presented something like Mr. Childs' proposed development the Board should be congratulated for putting through such con- structive work. Mr. Robert L. Ryder stated that he wanted to be recorded as being in favor of the Calvin 11. Childs petition, had gone ' over the area and felt sure that the two locations of Childs and Peterson met the requirements of the Board, and are far enough apart to serve the area in Lexington. He further re- marked that he could not agree with Mr. Devine in saying that the three locations in question are good as he is opposed to the Cutler petition, and feels that two filling stations along this road are enough. Mr. Arthur F. Mason, representing George Norton of the Peacock Farm, reported that although Mr. Norton signed the Childs' petition, he has reconsidered the matter and wants to be recorded as being opposed to it. Mr. Norton feels that the corner is very dangerous and thinks there are other locations which would be better suited for a gasoline station. It is Mr. Norton's feeling that if the station is built about 200 feet from the corner, it will be located in front of his en- trance and as he has owned this property for 36 years, does not approve of it. Mr. Devine stated that the corner at Watertown Street is protected by traffic lights which means that cars are going to come to a stop and will overcome any danger at the inter- section* Cars seeking gasoline will stop at a station on the side of the road on which they are traveling. Mr. Devine also felt that because this road is being used by truck traffic, any development of houses will be a cheaper class of building. A letter was read from Mrs. Mary D. Hatch requesting to be recorded in favor of the Childst petition. Letters were read from William P. Knecht and Jane C. Boleyn opposing any change in zoning for filling stations along the Concord Highway, Mr. Kimball asked if there were others who wished to speak in favor or opposition to the petition, and as there were none, declared the hearing closed at 9;20 P. M. and ad- vised that the matter would be taken into consideration. Respectfully submitted, Clerk PLANNING BOARD MEETING ' September 17,1936 A meeting of the Lexington Planning Board was held on Thursday, evening,September 17, 1936, to hear the petitions of Daniel J. O'Connell, Sarah Cutler, Eric Peterson and Calvin W. Childs relative to changing the Lexington Zoning Law and Map of certain parcels of land from an R.1 District to a C.1 District for the purpose of erecting gasoline stations on all four loca- tions and an additional building for stores on Daniel O'Connell's lot only. In the absence of the Chairman, Mr. Borden, Mr. Kimball conducted the hearings which were held in the order of the above named petitioners. The first hearing started at 7:00 P. M. and the last at 8:30 P. M. A stenographic record was taken of each hearing. After the hearings, the Childs petition was discussed by P+iessrs. Kimball, Sellars, Nickerson, Ferguson and Ellis, and it was unanimously voted not to approve the petition of Mr. Childs. The airport which the Government has proposed to be built with W. P. A. funds by the Towns of Concord, Bedford and Lexing- ton was discussed but no vote was taken. The meeting adjourned at 11:00 P. M. Respectfully submitted, r 1I Acting Clerk Calvin W. Childs