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HomeMy WebLinkAbout1933-03-10 BOARD OF APPEALS MARCH 10, 1933. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8 P.M. Messrs. Maddison, Custance, Glynn, Slocum and Baidrey were present. Miss Elinor Moakley was also present. The records of the meeting of February 21st were approved. Mr. Robert P. Trask, Chairman of the Board of Selectmen, came before the Board relative to the petition of the A. G. Davis Ice Co. for an ice manufacturing plan at 3 Grant Street . He stated that considerable thought had been given to this matter, and he was convinced that there was nothing else this area could be used for. He st ted that he felt Mr. Innis was looking ahead, and also that this was the conclusion of the original plan which the Selectmen approved. He stated that he felt that there was nothing about it that would be objectionable, and he felt that the property would be an eyesore if the permit were not granted. He also felt that this would be of taxable value to the Town, and a permanent industry. Mr. Maddison stated that the Board of Appeals would have to take action on this matter under rights given them in the Statutes making an exception for manufacturing in a non-conform- ing district. Mr. Trask felt that it is as little objectionable in the way of manufacturing as anything could be. He understood it was perfectly quiet and unobtrusive. He stated that his interest was merely from the standpoint of the best interest of the Town as a whole, inasmuch as it would improve the area and give the Town taxable property. Mr. Baidrey felt that the property was too near the Town buildings, a fact that he felt should be considered as the natural development of the Town buildings would be toward the center. Mr. Custance stated that 1r. Charles Ferguson was in the building, and as he had installed many ice manufacturing plants, it might be of interest to the Board to hear his opinion in regard to the matter. Mr. Ferguson was invited to appear before the Board, and the Chairman asked him whether or not he knew of any feature of such a plant that might be objectionable to the neighbors or to the Town as a whole. Mr. Ferguson stated that the only thing he thought of was they spray pond, but he did knot know whether or not there wohld be one on the building in question. He stated that there was some other way of taking care of the water, but he was not familiar with it. Mr. Custance stated that he understood they were driving a well, and it was felt that this was the method they would undoubtedly use rather than the spray pond. Mr. Ferguson was also sked whether or not he had seen any old plans and if they werenoisy, and he peplied that he had seen them five or six years old and they were not noisy. l . . 97, CZ Mr. Trask and Mr. Ferguson then retired. The records of the meeting of March 3rd were approved by the Board. The Board then considered the peition of the A. G. Davis Ice Co. for an ice manufacturing plant at 3 Grant Street. Mr. Custance offered the following motion: "Moved: that we grant the A. G. Davis Ice Co. permission to build and operate such a plant as set forth in the application. " The motion was seconded. After discussing the matter at length, a vote was taken on Mr. Custance's motion, and the motion was lost. The petition was therefore denied in the following form: The Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by A. G. Davis Ice Co. 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 Mimzte-Man a ' newspaper published in Lexington, which hearing which was held in the Selectmen's Room, in the Town Office Building on February 17, 1933. All of the members of the Board of Appeals were present at the hearing. A certificate ofnotice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: that he desired to construct and maintain a plant for the manufacturing of ice at 3 Grant Street, Lexington. No evidence was offered on behalf of citizens opposing the granting of the said petition. At the close of the hearing the Board in private Session, March 10, 1933, gave consideration to the subject of the petition and voted unanirrously in favor of the following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by varying the application of the Lexington Zoning By-Law, as requested. 2. That the exceptions requested will not be in harmony with the general purposes and intent of the regulations of the Lexington Zoning By-Law. 3.P That the relief requested cannot be granted without substantially derogating from the intent and purposes of the Lexington Zoning By-Law. Pursuant to the said findings a majority of the Board decided that the application to vary the Lexington Zoning By- Law shall be denied. The members voting to deny the said application were C. Edward Glynn, Roland W. Baldrey and Arthur N. Maddison. The members voting in favor of the said applicat ionwwere 25 Theod©he A. 'Oustance and Curlys L. Slocum. The Board hereby makes s a detailed record of all its proceedings relative to such petition and hereby se*s 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 OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) Arthur N. Maddison Rolm d W. Baldrey C. Edward Glynn Curlys L. Slocum Theodore A. Custance. 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 the 31st day of January 1933 to Caroline A. Harrington, Boston & Lowell R. R. Corp, Emilie DeVe*u, Walter H. Peirce, J. Alonzo `oulton, Justus P. Mdse, Emma L. & Robert H. Hovey, Bartholomew D. Callahan, Villiam L. Barnes, Timothy J. & Bridget Leary, Edison Electric Ill. Co. , Edith G. Wilson, Meyer Rubin & Harry G. Seligman, Alexander Quinn, Eugene T. Buckley, Joseph P. & Mary S. Grace, James L. Douglass, Charles Franks, Harriet Fraiks, Paula Franks, Willis Franks, Alice M. Crawley, and Robebt L. Innis and also advertised in the Lexington Minute-Man on February 2, 1933, a notice of which the following is a true copy. Roland W. Baldrey;, Clerk, Board of Appeals. January 26, 1933. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition_ the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of the Lexington Zoning By-law with respect to the premises at No. 3 Grant Street owned by A. G. Davis Ice Co. of Lexington, Mass. by permitting the following: 5 Maluafacturlgof ice at 3 Grant Street, Lexington. A. G. David Co. Robert L. Innis Billerica, Mass. NOT I C E Lexington Board Of Zoning Appeals . January 26, 1933. Notice is hereby given that the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, will give a hearing in the Selectmen's Room, in the Town Office Building, on Friday, the seventeenth day of February, 1933 at 8:00 P.M. on the petition of A. G. Davis Ice Co. of Lexington that the Board vary the application of the Lexington Zoning By- law in accordance with the authority therein con- tained or in accordance with General Laws, Chapter 40, Section 27A, by permitting an Ice manufacturing plant at 3 Grant Street, Lexing#on. Arthur N. Maddison, Chairman, Board of Appeals. The petition of Anna L. Sword for a roadside stand on Marrett Road was agdtn laid on the table. The meeting adjourned at :. .6 PAM. A true record, Attest: I ' i Clerk.