1937-04-30 - Laserfiche WebLink

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BOARD OF APPEALS M=h ING April 30, 1937. 13 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. 14. Chairman kaddison, Messrs. Glynn and berguson and Associate Members Errol H. Locke and John a. Lyons were present. `ihe Secretary was also present. In the absence of Mr. Howard W. Robbins, Mr. Glynn was appointed Clerk Pro -tem. At 8:00 o'clock P. M. hearing was declared open on the application of Calvin 4. Ghilds for permission to construct and maintain a salesroom for motor vehicles in conjunction with the gasoline filling station at the junction of Water- town Street and the Concord Turnpike. Notice of the hearing was read by the Clerk Pro -tem. Mr. Calvin W. Childs spoke in favor of the granting of his petition. He stated that seven months ago at the Sept- ember Town Meeting it was voted to change the zoning at this location and after the zoning change went through, he applied for a permit to build and maintain a filling station. He said that at the hearing in October and a meeting in November, he was asked to restrict the property to satisfy the Board of Appeals and he agreed to do so and in order to signify his will- ingness to co-operate, he signed an agreement. 'phis agreement restricted himself, his heirs and assigns. Mr. Childs read that part of the agreement which stated that the land not being used for a gasoline station would be used for purposes allowed in an R.1 District, excepting that he reserved the right to maintain a salesroom. Mr. Childs said that he had new plans which includes a salesroom. He said that the outside appear- ances and dimensions were the same as on the original sketch, and he said that he would like a permit to erect the building as shown on these plans. Mr. Childs said that he was in the automobile business and not knowing much about law, he had brought with him Mr. D^nforth W. Gomins, an attorney, to guide him. Mr. `'omins said that he became acquainted with the matter only this morning. He said that he had been advised that this was now a 0.1 District and that Mr. Childs wanted permission to construct and maintain a salesroom. The Chairman informed him that this was a hearing for a variance of the Zoning Law. Mr. Comins said then as he understood it, a C.1 District was not all inclusive and did not provide for the maintenance of a salesroom for motor vehicles and the Chairman said that it did not. Mr. Comins said that as the matter stood now, the pro- perty could be used for any use that was allowed in a C.1 District and the Chairman said that it could not according to the agreement which Mr. Childs signed and filed. Mr. Gomins