HomeMy WebLinkAbout1953-02-02February 2, 1953
Meeting was called to order by the Chairm~ at 8:15 P.M. in .~he
Town Building. This was a P~BLIC HEARINGe
Members present: Richard G. Whipple, Chairman, Em~win Reinhold,
Secretary~ Gregory Mooradkanian~ Nocholas Nicetta and Wi11 f am
Swi~henb~k~ Jr.
An application was received from Boston University requesting the
approval of the Board for a proposed amendment f~ the Zomi~g By-Laws
so as to permit a change of classification of a parcel of property~
owned by the University~ from a Restricted Residential to am Educational
District. This property is known os the Nathaniel Stevens Estate and is
located on Osgood Street. This application was advertised in the Evening
Tribune on January 24 and January 30~ 1953 and all abbutters were noti$ied.
Arthur H. Phillips represented the Trustees of B.U. and stated that the
University had purchased this property from the Nathaniel Stevens Estate
and planned-to have a conference house at this location. He introduced
P~ofessor SawnAel B. Gould stating that he could give the Board more detail
on what the University planned to accomplish.
Professor Gould expls$ned to the Board that the majority of student going
to B.U. were from nearby cities and towns and were commuting students. He
Stated that more and more universities and colleges were using the conference
method of education~ wher~ the students lived together and studied together
in groups for short periods of time such as weekends or even a few weeks at
a time. He stated that this method was proving very satisfactory in con-
sidering and examining university problems and that it also provided
social.and recreational fellowship among the students. When the college
was host to conferences he stated that the members had to be housed a~
hotels and hold their sessions in the classrooms and that by using the
estate they could stay together and not have to move from one place to
another for their conferences and social gatherings. He also stated
that it was planned to have summer sessions held there for a wide
variety of students in small groups of about 40 or 50 as this was about
the ~mber of persons which could be accow~odated there.
There would also be lectures, musicales and such which would be open to
the public and which could prow to be very valuable education to the
local residents and the local teachers in particular. He stated that
the students would be supervised at all times. There were no physical
changes planned for the outside of the ~lready existing mansion~ but
there necessarily would have to be some repairs done to the inside of
the house. He stated that this location was ideal as it was within
easy commating distance from Boston and many other cities and Towns.
There was nc opposition to this petition and a motion was made and
seconded and it was voted to take the matter under advisement.
An application waa received from George H. Schruender requesting approval
of the Board for a propoaed amendment of the Zoning By-Laws so as to
permit a change of classification in a parcel of property~ owned by Nr.
Schruender from a Restricted Residential to a Business District. This
Application was advertised in the hvening Tribune on Jauuary 24 and
on January 30~ 1953 and all abbutters were notified.
~ebruary 2, 1953 -Cont.
An application was then received from Sarah Beck requesting the approval
of the Board for a proposed amendment of the Zoning ~y-Laws so as to
permit the change of classification of a tract of land and property,
located an Salem Turnpike and Berry Street and Owned by her, from an
Agricultural district to a BusinessDistrict. This application was
advertised in the Even~ug Tribune on January 2~ .and January 30, 1953
and all abbutters were notified.
Allan Nelson, 46 Palmer St.~ Lowell, the pre~pective purchaser of the
property in question~ was ~esent and explained to the Board that he
planned to operate a "Candy Farm". he intended to mske and sell the
candy on the premises. He stated that there were three buildin~s which
he intended to use and that he intended to install sem. very large
windows in the front and side of the house so that the candy making
could be seen from the street. He stated that his father had started the
candy business in Lowell more than 40 years ago and.that they had a store
in LoweLl and also at Hampton Beach. He stated that this location was
ideal as this type of business required a large parking area. He. stated
that they would probably employ six or eight people and if business
warrante~ it maybe more. He said that $ne of the smaller buildings
would be used for s borage purposes and that one of the barns could
never be used in his business as there weald be no w~ of getting rid
of ~he present o~or there.
Houghton Farnham was present, he is one of the abbutters~ s~ told the
Board that he did not object to the business in itself~ but that he did
object to the re-zoning of this property as there was a very large area
involved and that if the business was not a success and they decided t*
sell it that almost anything could come in there. He felt. that it was
necessary to re-zone the entire piece of property for which ~he pei~-
tioner was a skin~ for. He stated that this property extended for man~
hundred feet directly in back of his home and that it was met neceessary
to use it aLl as the greater part of this estate was an orchard. He
felt that the re-zoning of the entire tract would leave it open for
an~thi~ng and it might become very objectionable. He also felt that
Berry Street was quite narrow and wo~_ld cause a traffic hazard if the
cars were to use it to get to and from the house.
Mr. Brass.ur was present and explained the plans to the Board, s taring
that the land in the rear of this property was very sws ~,Ty and that a
large piece of it on one side was a big orchard. When asked if the
area could be lessened~ he stated that in his opinion it could be .
done, but the property was for sale. as is.
Mot.ion was made and seconded and it was voted to take this matter under
advisement.
The Board then held an executive session on the above applications.
After careful consideration the application of Boston University was
granted by a unanimous vote of the Board.
The app~_tcation of George Schruender was then considered. The fact was
brought out that this filling station had been in operation a good mar~
years before there were ar~ homes built in the area. It was a~so felt
that therew as a need of this type of business at that location and ~-'
although there was a question of whether or not M~. Schruender needed the
entire tract re-zoned it was brought out that in order to operate a
modern filling station and have plenty of parking room he sould have
the entire area.
February 24 1953-Cont.
Mr. schrUender was present and explained to the Board that he had been
operating a filling station at this location long before Zoning was in
effect and was allowed to continue this business as a non-conforming
use, but as such he was very limited and it was not permitted to him
to alter er even remodel his premises. He felt that he would like to
to some remodelling as this station needs the repairing at this tLme.
He also stated that there is a milk bar which was also in operation
before zoning, next to the filling station and that he leases this
building for the sale of ice cream. His home is also located on the
same piece of property. He stated that the.milk bar was more than
100 feet from the filling station and that they did not interfere
~ith one another.
Attorney Edward R. Thomas of Boston, representing Mrs. Coolidge, who
is one of the abutters was present and stated that his client wished
to be recorded as objecting to the granting of approval on this petition.
He stated that Mrs. CoOlidge owns a great deal of property in t his area
and had given part of her land to ws~e possible the building of Chickering
Road. He, said that although his client did not object to the business
itself, she did object to the re-zoning of this particular piece of land
as there was no telling what might happen there Lu the future. The land
surrounding this area was suitable for residential purposes and he felt
that the land would lose value if there was a business area at this
location. He also stated that it was the du~y of a Planning Board to
prevent business ventures from locating in residential areas. Mrs.
Coolidge had spent a great deal of money to keep up her proper~y and
would like to see this area kept strict3~y residential.
Robert Dulude was present and wished to be recorded as objecting to this
application. He felt. that a change of classification at this point would
decrease the value of his property and property of others nearby. He stated
that if this application was given approval he would ask for a re-assessment
of his property. He also stated that the m~lk bar was rather a nuisance
as there were always papers flying around as there was also from Woody's which
is across the street from the present filling station.
EdwardForest also wished to be recorded as objecting stating that when he
bought his property he was given to understand that it was a restricted
residential area. Although he felt that Mr. Schruende~ should be entitled
to m~ke his living there he objected to changing the classification, per-
manently as this would mean that all control would be lost.
Mrs. Elaine Griffin also wished to be recorded as objecting to the change
of classification of this property.
~r. Schruender then stated that the people who bought property in this
area all knew before they purchased that the filling station was there and
operating. He stated that in view of the fact that his contract with the
oil. compar~ expired in the spring, he would ~ike to do some madernizing
but had no intention of enlarging as a matter of fact he did not have the
room to er~l~rge. He said that the amount of work he would do there would
depend on what kind of deal he could make with the oil company. When asked
if he intended to build a new station he stated that he had the room for it.
Motion was then made and seconded and it was voted to take this matter
under advisement,