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HomeMy WebLinkAbout1930-06-27BOARD OF APPEALS MEETING JUNE 'g7, 1930. A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building at 8 P.M. Messrs. Maddison, Baldrey, Glynn, Slocum and Custance were present. The Secretary, H. C. Whittemore was also present. Hearing was declared open at 8:02 P1M. on the application of Joseph V. Boinay for permission to Boinay maintain a roadside stand on the premises owned by applica- his brother, Harry F. Boinay at the junction of tion. Watertown and Pleasant Streets. Mr. Joseph V. Boinay appeared before the. Board and stated that he has had a stand in that location for four years; that is, he was going on the fourth season operating the stand. He statedthat he is raising all of the products now on his land or on the two acres on Maple Street owned by Frank Fletcher which is leased by him. He stated that he did not lease the property at the junctian of Watertown and Pleasant Streets, he simply lives there. The place is owned by his brother who does not have anything to do with the stand. He simply comes to the premises on Saturdays and Sundays. Mr. J. V. Boinay stated that he hires boys to do the work on the land leased'by him, inasmuch as he cannot do it all himself. He wanted Mr. Fletcher to come up to the meeting but he would not come. Mr. Fletcher does not share in the profits. He stated that he could go in off the street further if there was any objection to the stand. Mr. Fletcher has seven or eight acres of land other than the two acres leased by Mr. Boinay. He stated that he paid so much for the land to lease and then he bought the seed. In regard to the traffic situationwhich was called to Mr. Boinay's attention, he stated that there was a rock about 14" high and. 14" long and 17" wide, and any one coming down Pleasant Street and making the turn to Watertown Street would find that it was in the way. Some time ago there was not very much traffic down Pleasant Street, but now there are a number of cars, and this rock comes to a point on the Park owned by the Town. He felt that this should be removed. There has not been a sign on Watertown Street for three years and a number of people stop and ask _where Watertown Street is, and hefeels that this is the cause of part of thetraffic,. trouble in that location. He felt that his stand has not caused much traffic congestion, inasmuchas there are hardly ever more than 1 five or six cars there at any one time. He stated that along in September there is quite a good deal of traffic but not as much as any other time of the year. He has possiblytwenty-five or thiry customers that come from Belmont who almost always drive up into hid driveway; there are a few cars going from Maus. Avenue that park on the other side of the street. In answer to Mr. Glynnis question as to whether or not he sold only the products of his.•own land or the land leased by him, he stated that he did not raise all of the strawberries, that he sold; he bought some of them and sold the strawberries at a profit of fice cents a box. He was informed that this was just the same as going into the Boston market and purchasing them for sale at his stand. Mr. Glynn asked Mr. Boinay whether or not if a permit were granted to him, would he be willing to sell at the stand only the products grown on his land or that leased by him in the town, and he stated that he thought he would agree to this. Mr. Maddison informed him that he would have to agree to this, inasmuch as he would not be allowed to do otherwise under the Zoning Law. Mr. Boinay remarked that he knew in most eases the stands have products for sale other than those grown on the premises, but he was informed by the Chairman that these were cases where the stands were in the business district, and they were allowed to sell products not gnown,on the premises. Mr. Boinay was also asked how many acres Were in the property on which he lives. He replied that there were about fifteen acres on the VanNess side of the, property, but he did not know how much land there was in back, but this land was used as a pasture for the three cows and they had a lot of hay land; that was the reason he rented the land_on Maple Street. Mr. Boinay stated that he did not think he would'want the stand another yearas he has always been able to make a great deal more money than he is making at present, inasmuch as when he was thirty-five years of age he was making $16,000 a year. He had rheumatism and that whir why he was doing the kind of work he wass doing, but owing to his age, he probably could not earn as much_ as he used to. Gasoline stations & garages for repair Reshingle Hancock Clarke House He stated that if he moved back further on the land, he woald have to have the stand in the sun as he did not have any shelter. Where he was located at present, he was under the trees. He inquired if he could build a building 10' x 10' under the Building Law without a permit. He was informed that he might build the building but there was a question whether he would get a permit for the occupancy of same. None of the neighbors appeared to object, and Mr. Boinay stated that he had seen them and they would not object. The stand was located not within sight of any of the houses in the section. Back as far as1915 he had a little table in front of the premises and sold the corn he raised. He has had the present stand since 1927. The hearing adjourned and the Board discussed whether to grant or refuse the permit to Mr. Boinay and finally voted to lay the matter upon the table until all the members.. of the...Board.had an opportunity to study the situation further. The Board discussed the matter of the sale of retail oil and.gasoline as defined in Section 6.0 in C-1 districts. Mr. Maddison stated .that in reading over the Law he .felt that itwasnecessary for the Board of Appeals to hold a hearing on gasoline stations, garages for repair and storage and sales rooms for motor vehicles and stables. Mr. Maddison read Mr. Emery's letter giving the intent of the Zoning Law regarding this matter, and the Town Counsel gave the opinion that a. joint hearing of the Board of Selectmen and the _Board of Appeals might solve the question. It was decided therefore to hold a joint hearing with the Board of Selectmen on applications coming.under this section. Application was received from Mrs. R. S. Sturtevant, Chairman of the Hancock Clarke House Committee, in which she asked permission to repair the chimney of the Hancock Clarke House and reshingle the roof with wooden shingles inasmuch as the building inspector had refused to grant a permit to the Lexington Historical Society. The Board discussed the matter and voted to grant the appeal from the decision of the Building Inspector, but decided to sugges.t.that the Historical Society use any means available for .Waking the shingles fire resisting. The meeting adjourned at 9:25 P.M. to July 7, 1930 at 8 F.M. A true record, Attest: 14!. BOARD OF APPEALS MEETING JULY 7, 1940. A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building at 8 P.M. Messrs. Maddison, Baldrey, Glynn and Custance were present. The Secretary, Mrs. H. C. Whittemore was present. Town Counsel, S. R. Wrightington was also present. The Clerk read the notice of the hearing on the application of the Misticke Company. Mr. John Abbott, Treasurer of the Misticke Uompany asked first of all as to where the Zoning line goes in respect to the building they intend to use. He thought that the plan was so small that it was hard to tell where the line was. However, he assumed that the Zoning applied to this particular piece of property on which the building is located. Misticke Co. petition. Mr. Abbott stated that the building is set back about 300' from the street and was intended to be used for a purpose which was not substantially different from that which the Town has designated that it might be used for. They asked only to use the building itself which was formerly known as the "old power building". First they wanted to repair the building so that it will be a decent looking structure by putting a new roof on or repairing the roof and also repair the glass. They also want to repair the floor as indicated by the plan; in the basement they desire to put in a fire -proof vault and partitions on the main floor upstairs. Because of the application for a fire -proof vaule the Building Inspector felt that the Company should apply for permit from the Board of Appeals. The Company has a secret process and therefore could not inform the meeting more definitely about the kind of work they are doing. It is however, a trans- formation of a rough material to a finished product, and the work is at an experimental stage at present. There will be no odor, no dumping of refuse, and there will be only about half a dozen men employed there and no women employed. They will carry into the building the crude material in barrels and take it out of the building a finished product. If machinery is used it probably will be electrical machinery. Mr. Abbott stated that the concern was made up of three men,M . Marcis:.May,Everett Chadwick of the Gillette Safety Razor Co. and himself as Treasurer. He is a resident of Winchester and he did not desire to bring anything to Lexington that would injure the Town. If any of the persons at the hearing had any objection to the business going on in one year from now, if they were granted a permit, they would gladly stop the business. He felt however, that it was nothing but what could be done in anyone's kitchen. He stated also that they would be glad to comply with any reasonable restrictions that might be imposed upon them by Mr. Wrightington. Mr. Charles A. McCormack, 35 No. Hancock St., asked whether or not if this permit were given to this company for a manufacturing bus ine ss , and they ceased to use it as such, if the district would then become a manufacturing district. He was informed by the Chairman that it would still remain a business district, that the action on this permit is only for the use of the building for this particular company. Mr. Harold W. Smith, 96 Bedford St., also asked a question of a similar nature, as to what would happen if the Misticke Company discontinued the use of the property, andhe was informed that who -ever takes over the property will have to make a new application. Mr. Clifton E. Walker, 102 '3edford St., asked whether or not if the business should prove offensive if the Board of Appeals has the power to reyoke the permit, He was informed that the duty of the Building Inspector was to enforce the law if the permit were granted and the terms violated. Mr. Walker also asked whether or not it was intended to store any explosives in the storage fireproof vault. Mr. Abbott stated that it was not intended to store any explosives. Mr. Basil R. Deering, Hamilton Road, asked whether or not it would be right to impose upon this company the use of electricity. Mr. Abbott stated that he was perfectly willing to have this restriction in the permit. Mr. Roy Ferguson, 19 Bertwell Road, asked whether or not if the Company is successful and they intend to extend or enlarge the building whether a permit will be granted or not. He was informed that an application for enlargement of the building would have to go to the Building Inppector and a hearing would then be held on the application. Mr. Baldrey of the Board of Appeals inquired of Mr. Abbot whether or not there would be any chemical reaction going on' and whether there would be any gases or by-products out of the process. Mr. Abbott stated that there would not be any byproducts or gases liberated from the building. i Mr. George M. Better, 100 Hancock Street, asked whether or not they would consider a clause in the permit to provide for the use of hard coal instead of soft coal. Mr. Abbott stated that they had not decided yet just what they would use; they may use an oil burner. They did not think they would use the chimney and they went as far as getting an estimate on taking the chimney down but foundAt it-bilidTbe-Very expensive.; Mr. Charles E. Nichols, Jr. 94 Hancock St. felt that Mr. Abbott was not definite enough in his statement about the offensive odors. Mr. Abbott therefore re-stated his promises that there would not be any offensive odors coming from the building. Mr. Elton B. McCausland, 51 Bertwell Road, stated that he had in mind the protection of the section in which he lived as much as anyone did, but he happened to know Mr. Abbott personally and knows that what Mr. Abbott said he would live up to. He. felt that if the Town has a chance to have this building used for a purpose that was not going to be injurious to the. neighborhood, that they should do so. Hearing dissolved and after discussion Mr. Custance offered the following motion, "Votedthat the appeal of the Misticke Company be granted under Section 9 G of the Zoning Law, it being harmonious and compatable to the uses herein mentioned." The Board considered the appeal of the Misticke Company and voted to lay the subject on the table. The subject of hearings' on the applications to increase the capacity of tanks for the sale of gasoline and oil was considered, and it was the sentiment of the Board that unless there was a material enlargement of gasoline stations, it would not be necessary for the Board of Appeals to have a hearing. The Board discussed the application of Joseph V. Boinay for permission to maintain a roadside stand on Pleasant Street and it was voted to pass the following order; The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Joseph V. Boinay, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner 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 advertised in the Lexington 57 Hearings on increase in capacity of gasoline tanks. Boinay decision. g 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 twenty-seventh day of June, 1930 at eight o'clock P.M. All of the members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show that he had been operating a roadside stand on premises,, caned by his brother for the fourth season; that he had also leased two acres of land located on Maple Street for the purpose of raising products to sell at the 'roadside stand on Pleasant Street; that he had sold products other than the products raised upon the premises occupied or leased by him, but that he would agree to sell only the products of the land occupied or leased by him if granted a permit for a roadside stand. No evidence was offered on behalf of citizens opposing the granting of the said petition. At a subsequent meeting held on July 7, 1930, at which the following members of the Board were present: Messrs. Maddison, Custance, Glynn and Baldrey, the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in and welfare will of the exception 2. That the impair the status its judgment the public convenience be substantially served by the making requested. exception requested will not tend to of the neighborhood. 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By'61aw. 4. That the enforcement of the Zoning Zoning By-law as to the locus in question would involve practical difficulty and unnecessary hardship drain then relief requested may be granted without substantially derogating from the intent and purpose of such Lex- ington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Joseph V. Boinay to maintain a temporary roadside stand on Pleasant Street on land owned by Harry F. Boinay for the purpose of selling only the products grown on this land and thetthe land on Maple Street leased by Joseph V. Boinay and that said stand be set back from the property line on Pleasant Stred at least thirty (30) feet, he to provide sufficient parking space for automobiles; this permit j to expire December 31, 1930.. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets, forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS 07 LEXINGTON (Appointed under G. L. Ch. 40, sec. 27) Arthur N. Maddison Roland W. Baldrey C. Edward Glynn Theodore A. Custance Curlys L. Slocum • 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 May 21, 1930 to Clarence H. Cutler, James F. & Lillian D. Moran, Patrick J. Shannahan, William P. Sawyer, Guardian, Sarah B. VanNess, J. Alexander Wilson, Ernest H. R. Burroughs, David F. Owens, & Stephen J. Harrington, Lucy D. Walsh, Emily A. Saul, Lucian I. & Elizabeth Pixigree, Ernest & Martha L. Jones, Pauline E. Bartlett & Elizabeth A. McLaughlin, Esther P. & Neil H. Borden, Mary D. Hatch, George W. Norton, Harry F. & Joseph V. Boinay and also published in the Lexington Times - Minute Man on May 23, 1930 a notice of which the following is a true copy. Roland W. Baldrey, Clerk. May 22, 1930. s Board of Appeals under the Lexington Zoning By-law Town Office Building Lexington, Mass. Gentlemen: The undersigned proprietor of the premises at No. 100 Pleasant Street, Lexington, Massachusetts, hereby makes application under section 9 (f) of the Lexington Zoning By-law for a permit for a roadside stand on the said premises for the sale of only the 60 products of the land of the undersigned within the Town. Yours sincerely, Joseph V. Boinay. NOT I C E Lexington, Mass. May 21, 1930. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of the property situated on Pleasant Street and owned by Harry F. Boinay, under section 9 F of the Lexington Zoning By-law for a permit for a roadside stand on the said premises for the sale of only the products of the land and in accordance with Chapter 133 of the Acts of 1924. The hearing will be held on June 6, 1930 at the Selectments Room, Town Office Building, at 8:30 P.M. Arthur N. Madd is on, Chairman Board of Appeals. It was decided to notify the Board of Selectmen to place a no parking sign on the opposite side of the street from the Boinay roadside stand on ' • Pleasant Street. The meeting adjourned at 10:12 P.M. A true record, Attes 1