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HomeMy WebLinkAbout1931-05-08 I_ 8 BOARD OF APPEALS MEETING. t�7 MAY 8, 1931. ' A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building at 8 P.M. Messrs. Maddison, Custance, Baldrey and Glynn were present . The Secretary was also present. The Chairman declared the hearing open at 8 P.M. on the application of George William Bean for permission to install two 1000 gallon gasoline tanks with three pumps at 241 Bedford St. Mr. Roland W. Baldrey, Clerk, read the notice of the hearing . Mr. C. A. Prior, Attorney, with offices at Park Square Building, Boston, represented Mr. Bean, and called attention to the Hearing held before the Selectmen on Tuesday evening. Mr. Prior presented plan showing the area and frontage and proposed location of the building which Mr. Bean intended to build. The Chairman inquired what the number is of Mr. Bean's residence, and found that it was 241, Bedford Street. Mr. Bean stated that the lot which was changed into a business district is un-numbered. Mr. Prior stated that Mr. Bean intended to put up a building of cement construction, but upon looking into the cost, he would prefer to have something cheaper, but which would look just as well, namely a metal building . G.W.Bean This is what he desired, but if necessary he would put up hearing. the type of building required. He intended to locate the building about 100 ft . away from Mr. McIntosh 's land and 114 ft. back from Bedford Street, and to have a separate building for the refreshment stand, both buildings to be of the same construction. Mr. Bean was asked whether or not he intended to set the pumps back also, and he stated that he did. The persons present in favor of the permit were as follows Charles L. Wells , 79 Gleason Road, William H. Thaxter, 291 Bedford St. , Mary E. Thaxter, 291 Bedford St. , Florence M. Coscia, Ivan St. , W. D. MacDonald, 232 Bedford St. , Z. Taylor, 232 Bedford St . , E. Whitaker Bean, 241 Bedford St. , Sanford Taylor, 253 Bedford St. , William Andresen, 50 Harding Road, and William B. C. Hall, 23o Bedford St. Mr. Eugene G. Loupret of 205 Bedford St. stated that he opposed the petition. He stated that at the time he purchased his home in the Town, he desired to locate in this particular section, inasmuch as it was zoned against business . He signed a petition for Mr. Bean a while ago when Mr. Bean stated that he wished to have a golf course and Mr. Bean stated then that that was all he wanted; that 109 ahgasoline-filling stationnandeadroadsidot estand Mr. i$ean had mind. He felt that a number of persona in the neighborhood disliked to express their opinion agalaist it, but that all of the property in the neighborhood will be damaged by the presence of a gasoline station arc 'a roadside stand. Mr. Loupret stated that he would fer stores to a filling station, inasmuch as he rep. zed that the property is now in a business distric He stated that the Smith Bell Farm is a mad house. Mr. McIntosh stated that he was at the hearing the other evening, and that he was agreeable to the gasoline station provided Mr. Bean made some arrangement with him or the Town to have 20 ft. right of way granted leaving a place for a street 40 ft. wide leading from Bedford St. connecting with Ivan Street. He stated that this agreement should be made a part of the condition of granting the permit, so that if the property passed on to someone else there would still be the obligation to give this 20 ft. for that purpose. Mr. McIntosh stated that he would like to see everyone get a living. He did not object to the gasoline station but he did not live in that locality; he might object to it if he lived there. He felt , however, that Mr. Bean should build a building of substantial material and one that would look well. Mr. McIntosh preferred to havd a filling station rather than stores. He felt that if Mr. Bean puts up a better looking building, he will have a better class of trade. Mr. Prior stated that Mr. Bean was perfectly willing to deed this 20 ft . strip of land tb the Town providing for a 40 ft. street. Mr. McIntosh was asked khhether or not the filling station would have any effect upon the sale of his lots , and he stated that inasmuch as the district has been established as a business district, the danger is already there. He stated that a thorough study- should be made of the rear land Of the business section, so that in locating a street parallel to Bedford Street this would not open up another business area. Mr. F. K. Elbertson of Harding Road registered as opposed to the granting of a permit for a filling station. He felt that it might be -)ossible to build stores on the back end of the business lot est blished by Mr. Bean if a street were put through in that section, and that is the reason he objected. Mr. Piior asked Mr. Loupret through the Chairman, how far from his house the proposed gasoline station woald be, and he stated about 1/8 of a mile . He also asked whether or not he recognized any of the individuals present who lived between his house and the proposed filling station, and. Mr. Loupret stated that he did not. Mr. Prior also inquired whether or not when he purchased his place, if there were any gasoline stations on Bedford St. , and he stated that there was one at the corner of No. Hancock Street and Bedford Street, and the one at Smith Bell Farm. Letter was received from Elizabeth M. and James Smith, 62 Albion St. , Everett in which they objected o the 110 application of Mr. Bean for gasoline tanks . The hearing closed at 8:55 P.M. After considering the facts presented at the hearing, the Board in private session passed the following order: The Board of Appeals , acting under General Laws, Chap- ter 40, sec. 27 , having received a written petition addressed to it by George William Bean for a permit to sell gasoline a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the patitione:' and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list, and also a vertised in the Lexington Times- Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room in the Town Office Building on Friday the 8th day of May, 1931 at 8 o 'clock P.M. A majority of the members of the Board of Appeals were present at the hearing. It developed at the hearing that the petitioner erron- eously st ated that he desired a permit for 241 Bedford St. which is in an R. 1 district, whereas he should have petitioned for a gasoline permit on the adjoining lot which is now in a C. 1 district . After hearing the evidence offered by the petitioners and such other evidence as was offered, the Board in private session gave consideration to the subject of the petition and a majority of the Board voted that in its judgment the public convenience and welfare will not be substantially served by the use of the premises described in the petition and that such use may tend to impair .the status of the neighborhood, and this decision is based upon the intended location in the C. 1 district. The Board therefore determines that the application of Section 6 ( c) in C. 1 districts of the Lexington Loning By-law does not permit the use of the premises described in the petition and as corrected at the hearing and instructs the Inspector of Buildings not to grant a permit therefor. Arthur N. Maddisdn Roland W. Baldrey C. Edward Glynn Theodore A. Custance BOARD OF APPEALS OF LEXINGTON I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the 30th day of April, 1931 to gdmund D. and Mona H. Ayres, Eugene E. Loupret, Herbert F. Shannon, Walter J. 111 and Mabel A. Bryant , Hallie C. Blake, Jeremiah T. and Mary E. unborn, George V. and ier. rrude N. Benoit, Edwin B. ' Worthen, et al, Trustees , David J. Harrigan, Anna L. Culbert- don, Ernest V. LaRose, Lexington Trust Company, Charles A. and Alice M. Stone, James H. Reid, Althea B. Woodman, Mary E. Shea, William A. Batts, Ethelinda Morrill, Bertha M. Bradbury, Mildred L. Morrill, George W. Bean, James and Elizabeth M. Smith, Maud L. and Walter F. Cove , John D. and Jessie F. Polley, Charlotte E. Rouillard, Thomas J. and Catherine M. Dickson, Carl F. Ashton, Theodore A. Custance Lawrence and Myra E. Beardsworth, Leonard M. Kieley, Elliot K. Kendall, Frank Johnson et al, William A. Graves , Neil McIntosh, Smiths Bell Farm Stores Inc., and also published in the Lexington Times -Minute Man on April 24, 1931 a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appals. April 22, 1931. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass . ' Gentleman :- The u nde»signed hereby petition the Lexington Board of Appeals, appointed under General Laws , Chapter 40, section 27, to vary the application of section 6 ( c) in C. 1 Districts and Section 9 of the Lexington Zoning By-law and _wider `'hapter 133 of the Acts of 1924 with respect to the premises at No. 241 Bedford Street, Lexington, owned by George W. Bean of Lexington by permitting the following : The installation og two 1000 gallon gasoline tanks with three pumps on the premises at 241 Bedford. Stteet, Lexington. (Signed) 'G. W. Bean 241 Bedford Street NOT I C E Lexington Board of Zoning Appeals April 22, 1931. Notice is hereby given that the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, will give a hearing in the Selectmen's Room in the Town ' Office Building on the eighth day of May, 1931, at eight o' clock P.M., on the petition of George W. Bean of Lexington that the Board vary the plication of Section 6 (c) in C. 1 ----- 1 9 _11 CZ 1721 districts and Section 9 of the Lexington Zoning By-Law and under Chapter 133 of the Acts of 1924, to permit the instal- lation of two 1000 gallon gasoline tanks with three pumps on the premises at 241 Bedford Street, Lexington. Arthur N. Maddison Chairman, Board of Appeals . Mr. John L. Pichette of Pichette & Ahern appeared before the Board, together with his architect, and presented plan showing changes made in the proposed garage located on his property on Mass. Ave . near the corner of Curve Street. The Board studied the Ilan and made various suggestions Pichette of changes to be made, and requested Mr. Pichette to again & Ahern. p'esent plans with the changes thereon. The plan as presented showed two units, one to be built at the present time, and the second to be built at a later date. After didcussing his application, it was decided that Mr. Pichette is trying to cooperate in presenting plans that will fit the lot , and also not be so expensive that he will not receive any return on his money expended, and the Board was in favor of granting a permit providing the plans presented are agreeable. Letter was received from Mr. F. Longbottom, Building Inspector in which he reported having notified Mr. Frank A. Napoli of Marrett Rd. that his permit for a roadside stand expires on June 11, 1931, also Salvatore Ricci of Waltham Street. He reported also that Mr. Peter Canessa operated a roadside stand on the property of Mr. Sweetland last year, without a permit , but that he does not intend to operate it this year. The Board decided to request Mr. Longbottom to report on the Boinay application. The meeting adjaurned at 10:45 P.M. A true record, Attest (24 Clerk