HomeMy WebLinkAbout1946-04-06180
BOARD OF APPEALS MEETING
0 April 6, 1945
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building on Friday evening,
April 6, 1945, at 8;00 P.M. Chairman Glynn, Messrs. Locke
and Bowker were present. The Clerk Was also present.
The election of a Chairman and Clerk for the enduing
year was held over until the next meeting when five members
of the Board would be present.
At 8;00 P.M. hearing was declared open upon the petition
of Carpenter & Powers, Inc. for permission to operate, -on the
premises owned by C. W. Ryder, et al and located at 89 Cary
Avenue, Lexington, the manufacture of wooden boxes for Army
and Navy export purposes.
Messrs. Carpenter, Powers and Alfred P. Tropeano,
their attorney, were present. Mr. Robert L. Ryder and Mr. Charles
Ryder were also present in favor of granting thepetition.
Mr. and Mrs. J. Willard Hayden, Mr. S. I'. Parker, Treasurer
of the Lexington Co-operative Bank, Mr. Robert H. Holt and about
eighty citizens were presant at the hearing in opposition to
• granting the petition.
Notice of the hearing was read by Mr. Bowker.
Mr. Alfred P. Tropeano, 25 Vine Brook Road, Lexington,
said that he was appearing for Carpenter & Powers, Inc. He
stated that the concern was a corporation consisting of two
members, James Carpenter of 5 Sunn% Knoll Ave., Lexington,
and Charles S. Powers -of Weymouth. He stated that during the
past year this concern has been approached on different
occasiona by various box manufacturers who are between six
and seven weeks behind in filling orders for vital war export
purposes. The McElroy Manufacturing Company of Boston prevailed
upon these individuals to manufacture boxes ordered by the
United States Army to ship replacement parts for equipment in
thiscountry and the entire war zone.
Mr. 'i'ropeano stated that Mr. Carpenter had endeavored to
locate a suitable place in several surrounding towns xnd was
unable to do so. He said that Mr. Carpenter and Mr. Powers
are hot interested in the permanent manufacture of boxes
and that they want'.a temporary permit for the duration only
and nothing beyond.
Mr. Tropeano informed the Board that the concern had
actually commenced to operate before a permit had been issued,
which he realized was in violation of the Lexington Zoning By -
Laws. He said that the personnel would consist of Mr. Carpenter,
Mr. Powers and one permanent man, three men during the day. He
stated that at night, some part time help is engaged to nail
the boxes. They have two hand operated saws and a roller or
conveyer operated by hand. The boxes are nailed by hand.
They receive about one and half load of lumber per week,
and ship out one truck load of boxes per day, possibly
two on some days. When a rush order is placed, the chippers,
on occasions, send their own trucks out to pick up the boxes#
Mr. Tropeano said that the War Productioh Board has given
the corporation the highest lumber priority rating as, AA -l.
The Chairmanamsked what the zige of the boxes were and
Mr. Carpenter said that they vary in cubic contents from one
to eight or nine cubic feet in content. The thickness of
the lumber varies from one half inch to three quarters of an
inch.
The Chairman inquired about the saws and Mr. Carpenter
said that'they were electric, but manual in action. One
fractional electric power hand saw is used probably once a
week.
Mr. Bowker asked if the business. were operated nights
and Mr. Carpenter said that they have had overtime work three
or four nights a week until ten or .ten thirty.
Mr. Bowker asked how many boxes were shipped out in a
day and Mr. Carpenter replied that one 1-1/2 ton truck full.
Mr. Bowker. asked if .the business were operated on Sundays
and Mr. Carpenter replied that they did work one Sunday when
requested to do so by the contractor. They do not plan to
operate on Sundays, however.
Mr. Leslie Ryder said that he represented the owner of
the premises and he is in favor of the petition being granted.
He said that he would like an opportunity to speak after those
who were apposing -the petition had an opportunity to be heard.
No other persons appeared in favor of granting the
petition.
Mr. Robert H. Holt informed the Board that he was ap-
pearing on behalf of the group of some eighty individuals
opposing the granting of the petition. He said that he
understood there was another hearing scheduled for this
evening pertaining to the same premises and he could speak
in opposition to both at the same time.
The Chairman said that the second hearing has.,been called
for 8;20 P.M. and he thought Mr. Holt had better refer to
this particular one, and it may not be necessary for him to
repeat everything he would have to say.
Mr. Holt said that he vso uld like to file with the Board
a written protest which had been signed by over eighty of
the property owners in the vicinity. Mr. Halt read the
petition, omitting the names, and presented it to the Chairman.
He said that it was not the desire of those protesting, to
obstruct in any way the war effort, He said that it was
difficult for him to see how the manufacture of some. rough
wooden boxes at the rate of one truck load a day, which could
be manufactured anywhere, is such a contributioh to the war
effort by a sub -contractor or a sub -sub -contractor to Justify
the flagrant violation of the existing law by coming in and
ignoring the Towns Zoning Law and starting the machinery
going, and operating days and nights before even filing an
application for a hearing. He said that he did not believe
.1 87
this was the type of thing which should be allowed by the
Board, even under the guise of a eontricution to the war
effort. Mr. Holt said that he hoped the members of the
Board would, before making a decision, look at the property
and the surrounding homes built by individuals who believed
they were protected by Zoning Laws designed to keep manu-
facturing and similar enterprises -away,
Mr. W. A. Burrows, 55 Shade Street, Lexington, said
that when he purchased his section of property, he was assured
that he would be living in a residential section and he was dis-
turbed about having a factory or a riding academy next door,
Mr. Holt asked Mr. Burrows if he could hear any noise froiA
the business and he replied in the negative,
Mr. William P. Knecht said that he owned property on
Shade Street and he would like -to point out that in the.
deeds from the Cary property there is a restriction clause
stating that there shall be no business enterprises carried
on and he believed the same clause appears in Ryder's deed.
Mr. Knecht said that he would like to be recorded in opposition
to any attempt to change this section from a residential area.
Mr. Handel Rivinius, Treasurer of the Lexington Co-oper-
ative Bank, said that a number of the bankts mortgagees and
shareholders have approached him, expressing concern over the
possibility of commercialism creeping into the neighborhood.
He said that they are very much opposed and requested him to
oppose granting the petition.
Mr. J. Willard Hayden, said that he owns a home on Shade
Street and he -built it because it was in a restricted district.
He said that he, like the other home owners on Shade Street,
takes care of his property, keeps it up, pays taxes and tries
to make it a credit to the Town. He said that he was absolutely
opposed to any change in the Zoning Laws. He said that the
trucks were a menace to the neighborhood.and he could see no
reason why lumber should betrucked up Cary Avenue to this barn,
made into boxes and trucked back to Boston as a part of the
war effort.
The Chairman asked for a showing of hands of those who
opposed granting the petition. The entire group, with the
exception of those mentioned above who spoke in favor, were
in opposition. The following individuals stated that they
would like to have their names included on t he petition
presented by Mr. Holt: Mr. & Mrs. William P. Knecht,
72 Shade Street, Mrs. C. H.Anderson, 9 Shade Street, Mr. W.
H. Locke, 6 Middle Street, Mrs. Helen Smith, 42 Cary Avenue,
Mrs. A.M. Swenson, 145 Spring StreEt and Dr. T.K. Richards,
128 Sprlag Street.
Mr. Ryder zaid that he would like to ask Mr. Hayden if,
• seven years aggo, he did not appear in this room to have the
Zoning Law ch9.nged in this neighborhood for the purpose of
nringing children out from the slums of Boston. He said that
the same people here tonight opposed the change at that time.
Mr. Holt said that this question was immaterial. •
Mr. Ryder replied that the question was very pertinent.
The Chairman said that the discussion should be confined
to the hearing of the evening.
Mr. Ryder said that no noise could be heard outside of
the building; the saws could not be heard outside of the
building even if the door was open. He said that there was
only one truck a day and that the boxes were tied tight to
the"t ruck by rope and caused no noise, He said that, as one
who knows, if one of the boxes saved a life it would be suf-
ficient and the fac$ that the concern has received a call for
emergency orders indicates that it is possibly that the .;boxes
may result in a life being saved. Tar. Ryder said that he be-
lieved a permit should be granted. He said, that the work
would be over in a few months and it would, in his opinion,
help the war effort.
Mr. Carmichael said that he lived at 18, 8" from the
building in which the boxes are made. Mr. Tropeano asked him
if he could hear any noise and he replied that he did, but he
was not complaining.
Mr. Tropeano asked if there were any persons objecting
to this petition who would be willing to signify their approval
if it were granted temporarily. No persons indicated their
approval of a temporary permit being granted.
The hearing was declared closed at 8:45 P. M. and the
Chairman said that the application of Andrew and Joseph Sanso
for permission to maintain a riding school on the premises
located at 89 Cary Avenue would,be considered.
Mr, Joseph Sanso appeared before the Board and stated that
he wished to withdraw his application.
The group retired at 8:50 P. M.
The Chairman was of the opinion that a decision should not
be made until five members of the Board were present. It was
decided to meet on Friday, April i3th to consider the appli -
cation further.
The meeting adjourned at 8:20 p. M.
A true record, Attest:
and of App als,
is
189
BOARD OF APPEALS MEETING
• April 13, 1945
A meeting of the Board of Appeals was held in the
Selectmen's Rooms, Town Office Building on Friday evening,
April 13, 1945, at 8;00 P. M. Messrs. Locke, Bowker,
Nickerson and Associate Members Lynah and Redman were
present. The Clerk was also present.
Mr. Locke said that he assumed the Board should appoint
a temporary Chairman inasmuch as Mr. Glynn, former Chairman
of the Board had died suddenly. He also stated that two new
members must be appointed to fill the vacancies caused by
the death of Mr. Glynn and Mr. Maddison, before the board
could organize.
Mr, Nickerson moved that Mr. Winthrop H. Bowker serve
as temporary Chairman. Mr. Redman seconded the motion and
it was unanimously voted.
This meeting was held for the purpose of making a decision
on the petition of Carpenter & Powers, Inc. for permission to
manufacture light wooden boxes on the property of C. W. Ryder,
et al and located at 89 Cary Avenue. A public nearing was
held on Friday, April 6th. However, there were only three
members of the Board present.
• Mr. Bowker said that there had been some question in
Mr. Glynnts mind relative to granting such a petition. Mr•
Cann said that the Board had never granted such an appli-
cation in a residential zone except where there had been a
building previously used for such a purpose.
Mr. Lynah said that he had driven up to the location
and the business was still in operation.
Mr. Brown suggested that this business, operating in a
wooden building was a fire hazard.
Mr. Nickerson asked if the Fire Department had visited
the location relative to the liability of a fire, but none of
the members knew whether or not an inspection by the Fire De-
partment had been made.
After careful consideration of the matter, upon motion
of Mr. Locke, seconded by Mr. Redman, it was unanimously
voted to deny the petition on the following form;
BOARD OF APPEALS DENIAL
The Board of Appeals, acting under the Lexington Zoning
By -Law and General Laws, Chapter 40, Sections 25 to 30 as
amended, having received a written petition addressed to it
by Carpenter & Powers, Inc., 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 Minute -Man, a
newspaper published in Lexington, which hearing was held in the
190
Selectmen's Room, in the Town Office Building on April 6, •
1945. Three regular 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 they wished to manu-
facture wooden boxes for Army and Navy export purposes;
said manufacturing plant to be located at 89 Cary Avenue,
Lexington, on the premises owned by C. W. Ryder, et al.
The counsel for the petitioner stated that the manufacture
of wooden boxes had commenced before a permit had been issued
which he realized was in violation of the Lexington Zoning
Laws. '
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that the estab-
lishment of a manufacturing plant for the manufacture of
wooden boxes at 89 Cary Avenue, Lexington, would be detrimental
to the neighborhood; that the trucking which was necessary in
connection with the operation of the said plant was a menace
to the children in the neighborhood. Mr. Robert H. Holt, repre-
senting some 80 residents in this vicinity filed a protest
stating that these residents and property owners were opposed
to the variation of the Zoning Law which would allow the es-
tablishment of this firm. It was also brought out that the
business operated nights as well as day times and once in
awhile on Sunday. Those who opposed to the granting of a
permanent permit also signified that they were opposed to
the granting of a temporary permit for the duration of the
war.
At the close of the hearing the Board in private session
April 13, 1945, gage consideration to the subject of the
petition and voted unanimously in favor of the following
findings:
1. That in its judgment the public convenience and
welfare will not be substantially served by the making'of
the exception requested, and that the war effort would not
be substantially served by making the exception requested.
2. That the exception requested will tend to impair
the status of the neighborhood.
3. That the exception requested will not be in harmony
with the general purposes and intent of the regulations of
the Lexington Zoning By -Law.
4. That the enforcement of the Lexington Zoning By -Law
as to the locus in question would not involve practical
difficulty and unnecessary hardship and the relief requested
may not be granted without substantial detriment to the
public good and without substantially derogating from the
intent and purpose of such Lexington Zoning By -Law.
I. Hazel J. Murray, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section
27, herebycertify that I b postage certificate of mailing
on the 27h day of March, ing., Uo
_191
Carpenter & Powers, Inc., Sergie & Cecelia Gaposchkin, Albert
H. & Alice M. Moore, Isabella Linney, a talo Warren G. & Dorothy
G. Emmons, George A. Knox, Jr., and Freda V. Knox, Robert B.
& klice F. Burrows, Rudolph E. & Edith L. Tighe, W. Alen & Gladys
A. Burrill, Blanche G. & Charles L. Rand, Lee Randall, John P.
& Martha A. Gorman, Albina M. Marble, Marie L. Baker, William B.
& Doris P. Rivinius, Francis Co Magurn, Nickolas & Catherine De
Lorenzo, Alexander Holmes, Marion F. Thwing, Lexington Savings
Bank, Howard P. McLaughlin, Charles Welmar, William P. & Ora L.
Knecht, Samuel & Rose J. Doll, Richard W. & Carrie J. Bell,
Joseph E. & Sallay Anderson, Paul A. & Grace M. Buckley, Miriam
W. Rodes, Stephen E. Snell, J. Willard Hayden, Stephen D. &
Hildegard M. Klyce, Anna C. Andreson, Clifford W. & Sadie M.
Hinds, Clarimond J. & Caroline M.Saunders, George C. & Florence
R. Gould, Helmer C. & Josephine D. Anderson, Elonise H. & Arthur
L. Rea, Frederick J. & Doris G. Carr, James VU. & Alice D. Annis,
Mary W. Pippette, Maurice M. & Gwen A. Cleveland, Peter G. Gaudun,
Neil McIntosh, William E. & Edna B. Thayer, Byrd D. Goss, Carrie
E. Goss, Katherine E. Crosby, Handel V. & Florence N. Rivinius,
Raymond & Grace V. Beals, Margaret M. Merrick, Ervin C. Griffith,
George E. Smith, John B. & Henal C. Faucette, Henry J. & Nora
J Nutt, Robert L. & Mary E. Dicey, Althea L. Smith, Myron W. &
Olive Roberts, Herbert L. & Rhoda M. Rush, Edwin B. Worthen, Jr.,
William J. & Jeanette M. Sherman, Jennie E. Perkins, Raymond E.
Maclnnis, Ryders Stock Farms, Inc., Jerome F. Ryan, Thaddeus T
& Alice C. Meehan, Owen D. McLellan, Edward J. & Elsie M. Mc-
Lellan, games H. & Elizabeth Clyde, Maurice S. & Gladys B.
Huchins, Napoleon J. Ledoix, Walter E. & Wilhelmina A. Bragdon,
Frank D. & Ethel Mattson, Maude I. & David Yuill, Edward J. &
Henrietta Hopkins, Maude M. Kelley, Walter P. Tyler, Raymond C.
Deal, Hans M. Levas, Rocco Marchese, Sigvart J. Borgeson, Walter A.
& Katherine Arnold, Thomas A. Napoli, Vincent J. Fopiano, Lyman
E. & Doris Carlow, William P. & Emma N. Clark, Bertran P. & Ruth
Gustin George Wood
g A. , Gandolfo & Madalan Andolina John J.
Scannell, Andrew 0. & Abbie.L. Bickford, Arthur F� 601by, Timothy
Brosnan, Clifton Glidden, Augusta 14. Delander, Cosmos V. & Elaine
Cosmades, H. Rodney Brooke., Mildred Harrington, Raymond E. & Jean
Kelly, George A. & Evangeline Caisse, Mary B. Thurlow, Pasquale
Panetta, William A. Melbye, Frank A. & Mary Napoli, Enu st E. &
Catherine Rogers, Edwin H. & Mary E. Halvorsen, Raymond L. & Anna
White, Ralph M. & Eleanor Blair, Carl V. Olson, Patrick Machino,
and also advertised in the Lexington Minute -Man on March 22, 194519
a notice of which the following is a true copy.
Hazel J. Murray
Clerk, Board of Appeals
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen;
The undersigned hereby petitions the Lexington Board
Of Appeals, appointed under General Laws, Chapter 40, Sections 25
192
to 30 as amended, to vary the application of section of
the Lexington Zoning By -Law with respect to,the premises at 89
Cary Avenue, Lexington, owned by C.W . Ryder of Newton, Mass.,
by permitting the following; manufacture -of wooden boxes for
Army & Navy export purposes.
Carpenter & Powers, Inc.
James W. Carpenter
89 Broad Street
Boston, Mass.
Pursuant to the said findings, the Board hereby denies
the said petition of Carpenter & Powers, Inc, The. Board feels
that the.establishment of a manufacturing business at 89 Cary Avenue,
Lexington, would be detrimental to the neighborhood.
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 thst herein summarized, and directs -that this
record immediately follcw ing this decision shall be filed in
the office of the Town Clerk of Lexington and shall be a
public record and that notice of this decision shall be mailed
forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning By -Law
and General Laws)
Winthrop H. Bowker
D. E. Nickerson
Errol, H. Locke
-Thomas G, Lynah
Lester T, Rodman
NOTICE
March 22, 1945
The Board of Appeals will hold a hearing on the matter of
varying the application of the Zoning By -Law by permitting
on the premises owned by C. W. Ryder and located at 89 Cary
Avenue, Lexington, the manufacture of wooden boxes for Army
and Navy export purposes, under the Lexington Zoning By -Law
or in accordance with Chapter 40, Section 27A of the General
Law and amendments.
The hearing will be held on April 6, 1945, at 8:00 P. M.
in the Selectmen's Room, Town Office Building, Lexington, Mass.
C. EDWARD GLYNN
Chairman, Board of Appeals
Mr. Bowker read a letter received from Rufus Crowell
Company stating that they had anticipated erecting a small
addition on the East side of the property at 177 Bedford Street.
The original permit granted to this concern specifically pro-
hibits any addition to the existing building.
Mr. Locke moved that Mr. Crowell be advised that, under
the Zoning Law, the Board of Appeals has no authority to grant
permission to make any extensions or enlargements to the present
building. Mr. Nickerson seconded the motion, and it was.so
voted.
The records of the meetings held on March -9th, 16th and
23rd, were approved subject to a few minor changes.
The meeting adjourned at 9;20 P. M.
A true record, attest;
C]
Wa Murray, oard of Ap eals