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HomeMy WebLinkAbout1961-11-15PLANNING BOARD HEARING November 15, 1961 On petition of more than 100 registered voters of the Town of Lexington a public hearing was held by the Lexington Planning Board on Wednesday, November 15, 1961 COUNTRYSIDE at 8:00 b.m. in Estabrook Hall, Cary Memorial Building, REZONING to consider a proposal to amend the Lexington Zoning By- PROPOSAL law by changing certain land from an R 1 - One family dwelling district to a C 1 - Local business district by amending subparagraph 22 of Section 4 (c) of said Zoning By-law by adding the following: "Provided, however, that the distance extended along the southeasterly side line of Woburn Street in a southwesterly direction from the southwesterly intersection of Woburn and Lowell Streets shall be 267.30 feet." Present were Chairman Soule, members Bryson, Grindle, Mabee and Meyer, Plannin7 Director Snow and the Planning Board's secretary, Mrs. Macomber. In addition thirty-one other persons attended the hearing. Mr. Soule opened the hearing by reading the notice of the same as it had been sent to all property owners deemed by the Planning Board to be affected and as it had been published in the October 19 and 26, 1961 issues of the Lexington Minute -man. He then explained the procedure to be followed and Galled upon the Sponsor of the petition to present his case. Mr. John Christoforo of the firm of Hale and Dorrp Counsellors at Law, 60 State Street, Boston, stated that he represented Mr. H. Irving Currier of Country- side, Inc., 295 Woburn Street, Lexington, and would present the nroposal. Mr. Christoforo then exhibited a marked map of the parcel of land owned by Countryside, Inc, and located at the southwesterly corner of Lowell -Woburn Streets, said map being a plot plan drawn at the scale of l" = 20', and being the first sheet of a set entitled "ProDosed Store Building Mr. I. Currier 295 Woburn -St. Lexington, Mass. Drawin�s by W. R. Hyatt." On the plan Mr. Christoforo pointed out where forty ,years ago Mr. Currier constructed a small garage and variety store and in 1936 a restaurant. Mr. Christoforo also pointed out on the -plot plan the loca- tion of all other existing buildings and where it was bro- posed to locate a new store building. He pointed out like- wise that the boundary line between C l and R 1 -districts was located through the proposed store building. 11-15-61 -2- Mr. Christoforo noted that the Countryside, Inc. parcel had an area"of appr0ximatel7 41,616 square feet , of -which 32,776 sq. ft. were in a C 1 district and 8840 sq. ft. in an R 1 district. He said it was the 8840 square foot area which it was desired to have rezoned as an addition to the local business district. Mr. Christoforo said It was his opinion that when the business district being discussed was zoned it was thought that all of Mr. Currier Ts land was being rezoned. He said he based this opinion on the fact that in 1936 when Mr. Currier was issued a permit for the westerly buildings on the lot this allowed "a building within a foot of what was the business district line. He said that he did not think this would have been done if it was not thought that the C l di: strict and Currier lot line to the west did not coincide. Mr. Christoforo pointed out' that as the situation now is there is no way to gain access to the -ares. in back of the existing with- out going over land now zoned for residential use. Mr. Christoforo also pointed out that In -1956 Mr. Currier was issued a"building permit fora proposed store building and that after spending.$5,000 on the project was unable financially to proceed. He said the proposed building was the one which now existed as a covered foundation. He -also said that before Mr. Currier had been able to proceed again it was found that the boundary . line between the C l and R 1 districts was located through the proposed building and consequently the permit was re- voked. In his concluding statement Mr. Christoforo said that the purpose of the new building was not to create additional business but to allow the businesses presently within the area to expand. He also said that with the new building the total floor area would be 8676 square feet with 32,940 square feet of land remaining to more than comply with the zoning -by-law requiring two square feet of parking for one square foot of floor space. Mr. Christoforo further stated that by not zoning the remain- ing portion of Mr. Currier's land the Town would be de- priving -the area of a large amount of parking space and also depriving Mr.Currier of the use of his land. He concluded by saying that he could not believe that the Town would turn its back on the situation, would say it is an impersonal matter and that Mr. Currier is out of luck. Mr. William H. Seabrook of 303 Woburn Street, near- est land owner to -'the proposed new building, stated that , he would like to see the building completed and so was in 11-15-61 -3- favor of the rezoning proposal. He said he believed rezoning would be an improvement over the existing situation. Mr. Dana Regillo of 16 Laconia Street asked if the 8840 square feet of Mr. Currier's land were rezoned would it then be possible to drive all around the building from Woburn to Lowell Streets. Mr. Christoforo said it would not. Mrs. Currier said that her husband could have access from the ad- joining lumber company lot on Lowell Street. Mr. Sumner E. Perlman of 10 Tyler Road asked if the area used for the gasoline station was used in estimating the space available for parking. Mr. Christoforo said it was available to use. He said that a parking survey had not been made of the Currier land but that he would say that there was well in excess of the 2 to 1 parking ratio required. Mr. Andrew Cupp, 181 Woburn Street, stated he had no objection to the nroposed addition to the C 1 district. Mr. Aiden L. Ripley_ of 52 Pollen Road, stated that he believed the extension of the local business district being asked for was a reasonable one. Mr. Conan Kornetsky, 7 Rumford Road, said any increase of business in this area would bring more traffic. He stated he was against an increase in the business district at least temporarily until it could be made safer for traffic and the crossing of school children. Mr. Jack L. Mitchell of 16 'Peachtree Road said he be- lieved that the proposed change in zoning would bring more business to the area and more traffic and for these reasons the proposed zoning should be opposed. Mr. Regillo stated that if after rezoning there were any possibility of vastly increasing floor space over that which now existed he would be opposed to such zoning because it would bring about an increase in traffic. Mr. Lawrence J. Harris of 138 Lowell Street said that since operating the Countryside Service Station last June he had seen five children hit by automobiles at this location. He said he -did not think the accidents were caused by traffic at the shopping center but by traffic conditions in the street. Mr. William R evil, 19 Fiske Road, stated that in the past there had never been complaints regarding traffic and parking difficulties. He said that he believed it to be the duty of parents to warn their children of potential dangers. Tn response to a question from the floor, the Chair 11-15-61 man read from Section 8 (b) l.b, pertaining to parking areas in C 1 districts. Mr. Homer J. Hagedorn of 379 Woburn Street asked if the paragraph read was the amend- ment passed at the last town meeting and if it applied in this case. He was informed that it was and that it did. He then asked if the proposed rezoning is -voted upon favorably, would it be possible for Mr. Currier to obtain a variance from the Board of Appeals to complete the building even If it did not comply with the latest amendment to the zoni..rg by-law. Mr Hagedorn was told by the Chairman that the Board of Appeals has the power to grant a variance. -4- Mr. Hagedorn then stated that he hoped that some- thing could be done to relieve further the p arki.ng con- ditions not only at Countryside but In other business areas in town, He said that in this particular case from the standpoint of the assessors that the basement and the space in the rear should be filled in somehow and converted to parking. He said he was opposed to additional buildings in this area. Mr. Frank A. Currier, Jr. of 4 Churchill Zane stated that in his opinion the town should correct the inequality that existed. He said he wished to be re- corded in favor of the proposal. Mr, Regillo asked what the next step in the re- zoning proposal after the hearing. Chairman Soule stated that the Planning Board would study the proceedings and prepare a report thereon for presentation at some future town meeting. The hearing was declared closed at 9:30 p.m. . Samuel P. ow BlannIng Director