1928-05-22 - Laserfiche WebLink

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REGULAR NFETING, YAY 22, 1928 C7 A regular meeting of the Board of Selectmen was held at the Selectmen's Office at 7:30 P.{. Messrs. Burnham, Custance, Ballard, Robertson, and 'hamberlain were present. Private hearing was declared open upon an appeal of Arley A. Burgess to the decision of the Building Inspector of the use of an elevator constructed by Mr. Burgess. Mr. Burgess appeared before the Board with his attorney, Mr. Thompson. Sydney R. Wrightington, Town Counsel. was also present. The Attorney explained that the Elevator was erected without any roof over the same and was perpendicular with the side of the building. It was not connected with the building except at the top where the material dnbps into a mixer, thereby avoiding hand work which was formerly done, and to keep pace with the cement block business. Mr. Burgess was advised to do this to make the work economical. The building was not altered in order to construct this elevator which was covered with sheet iron and located about two feet from the building and was about twelve inches wide one way and three or four feet the other way and about twenty- two to twenty-four feet high. Mr. Thompson did not contend that this elevator was in any way a violation of the building law inasmuch as he did not consider it an alteration of the structure and. only considered it a new means of handling the mechanism of the block plant which was in existence before the zoning law gent into effect. For this reason also, he did not feel that there could be considered any complaint under the zoning law inasmuch as the plant existed before that time. Mr. Burgess stated that he felt that it would be expensive for him to move the plant to the gravel plant, and that he did not consider that he needed to increase his present plant mechanicles for some time to come. Mr. Burgess stated that he owned. 355 feet of land on 'Hebb Street and 150 feet on Woburn Street, and the material he used in the block plant comes from four or five acres he owns beyond. The attorney decided that it appeared to be a matter of the* interpretation of the building and zoning laws which is covered by section four and seven of the building laws and section sixteen of the zoning laws. It was finally decided that inasmuch as theelevator was already constructed, that 31r. Burgesa be allowed to operate the same for a period of five weeks, and during that period. the Board would have an opportunity to decide what action they would take, and at the present time no decision was made except to allow Mr. Burgess to operate for that period of time. Commitment was signed for the water chares for the amount of $1195.25 and for the Sewer Department for 9748.30. In regard to the application of W. R. Warren' of Winchester for a permit to install a gasoline tank at the corner of Bridge Spring and Payson Streets, the Board voted to grant Mr. Warren leave to withdraw his application and notified him that inasmuch ' as the Board did not feel inclined to grant a permit for this location, they did not feel it necessary to hold a hearing. The application of Prendergast Brothers for a permit to install a gasoline filling station at the corner of Massachusetts Avenue and Fottler Avenue was again laid on the table foroneweek.