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HomeMy WebLinkAbout1935-06-21 129 BOARD OF APPEALS MEETING June 21, 1935. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Messrs. Maddison, Ferguson and Glynn were present. Associate members Lyons and ''teeves were present, and the Secretary was also present. In the absence of the lark, Mr. Glynn was elected Clerk Pro-tem. Hearing was declared open upon the application of Roger VI: Brown of 36 Outlook Drive, Lexington, to vary Section 9 (a) of the zoning By-Law so as to permit the storage of metal floor pans and equipment of 581 Marrett Road on property owned by the Highland frust Co. of Somerville. Mr. Brown stated that he was storing metal floor pans on the premises and distributed them wherever they might be needed. `lhe pans are removable metal forms manufactured by the Nu-Form Engineering Corp. of New York and are used in pouring concrete floors in large buildings . The pans are three feet long and twenty inches wide and vary in depth from six inches to four- teen inches. 'where are two types of pans. One has an open end and this type may be staked neatly and compactly. The other type has what is called a tab end and cannot be stacked, but must be spread out over the ground. Pans are made of metal and of course as they are used become rusty and some cement adheres to them. They become dented as they are used and these dents must be hammered out and the pans are then scraped and oiled. Mr. Brown stated that the quantity of forms on hand varies according to the amount of business he is doing and at the present time he has approximately twenty- five hundred pans on hand. Pans are stored in the lot in the rear of the garage at the present time. Mr. Brown stated that he had rented the property, including the garage, from the Highland Trust Co. last December when he took a lease for one year. the Highland Trust Co. thought that the life of the building as a garage would be short due to the opening of the new Concord Turnpike, and felt that the building should be used as a commercial building. Mr. Brown believed that he was within his rights in using the premises for storage purposes when he leased the property. He used the garage for the storage of trucks, etc. , and did a trucking business. A good part of his business is handling bricks, unloading and stacking them, etc . He was very much surprised when he was informed that he had violated the Zoning By-Law. In talking with the Building Inspector, he stated that he would remove the pans at that time if necessary, but he had been advised to wait until after the hearing. He would be glad to do anything that he was asked to do in order to keep within the law of the Town. 130 jhe Chairman asked Mr. Brown how far back from Marrett Road he was storing the pans and was informed that they were being stored 200 feet from the road. jhe Chairman informed Mr. Brown that the business district extended back from the street only 100 feet. Mr. Lyons inquired how many floor pans Brown was apt to have on hand and he was informed that if business was good there would be fewer pans stored on the premises. The Chairman asked Mr. Brown if he had been conducting his business on Marrett goad since the first of the year and Brown answered that he had a gang of men working on pans last November and becember getting them in shape. The orders started coming in in March and from then on he had been doing business. No persons appeared in opposition. representative of Mr. Neil McIntosh was present who inquired what affect the business would have on the sale of lots on Lincoln Btreet, and the Chairman told him that he could not advise him with regard to this question. Mr. Fred Longbottom, the Building Inspector, was present at the hearing. He stated that he had looked at a plan in the Ingineering Department and had found that the line dividing the business and residential areas went right through the center of the garage and that therefor some of the pans were being stored in a residential district . At the time of his examination of the premises, there were pans, bricks and some planks stored there. Mr. Brown stated again that the pans were stored back of the 100 foot line. jhe Chairman stated that he did not believe that it was within the jurisdiction of the board to grant a permit even if it wanted to. The Chairman declared the hearing closed and told Mr. Brown that the matter would be taken under advisement. Mr. Lyons stated that he did not know anything that the Board could do in the matter and made a motion that the appli- cation be denied. jhe Board voted unanimously to deny the application in the following form: The board of appeals, acting under General Laws Chapter 40, sec . 27, having received a written petition addressed to it by Boger W. Brown, 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 131 Man, a newspaper published in Lexington, which hearing was held in the belectmen' s Room, in the Town Office building on the 21st day of June, 1935. Two associate members and three 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 is using a portion of the land at 581 Marrett Road extending back beyond one hundred feet ( 100' ) from Marrett Road for the storage of metal floor pans, equipment, and brick. No persons appeared in opposition. At the close of the hearing the Board in private session on June 21st gave 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. 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 in the Lexington Zoning 6y-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. Pursuant to the said findings, the Board hereby denies the said petition of Roger W. Brown as such use of the prem- ises depreciates the value of residential property and is detrimental to the welfare and interests of the nearby residents. `The Board hereby makes a detailed record of all its pro- ceedings 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, in- cluding 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 a public record and that notice of this decision shall be mailed forth- with to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, sec. 27) A. N. Maddison C . bdward `71ynn Clyde E. Steeves Charles E. Ferguson John A. Lyons �___ __ 132 I, C . Edward Glynn, 'lerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, bection 27, hereby certify that I sent by postage certificate of mail- ing on the 6th day of June, 1935, to Marie A. Miller, et al, George W. & Helen b. Sarano, Edward J. McNamara, crank E. Bougie, Mary M. King, Joseph Warren "o-op. Bank, Lexington Lumber Co. Carl H. Thayer, Waltham Co-op. Bank, Katherine Whittier, Sylvia H. Aker, ugusta C . Holm, Gladys Harvey Theresa . Connor and Anna A. Sennott, Johanna Hultman, Adger �'. & Emily R. Scheibe, Neil Irene F. Webb, nichard Whittemore, Charles E. & Lillian E.McIntosh,*oodridge, Charles ti". and Robert L. Ryder, Margrethe M. Kargaard, nussell S. Bray, Louise M. Hannaford, Robert J. I'awcett Robert P. Trask, Robert L. Innis and Dougal McLennan, Charles "r. and Mary A. Fitts, Josephine R. Martinage, 'homas J. and Jennie Heaney, Frank A. Napoli and Mary Napoli, Highland Trust Co. , Roger ". brown, and also advertised in the Lexington Minute-Man on June 6th, 1935, a notice of which the following is a true copy. C . Edward tivnn Clerk Protem, 14oard of Appeals June 3, 1935. 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, "ection 27, to vary the application of section 9A of the Lexington Zoning By-law with respect to the premises at No. 581 Marrett Road owned by Highland Trust Go. of Somerville by permitting the following: Storage of metal floor pans and equipment . Roger °y. Brown (Signature) 36 Outlook Drive (Address) NOTICE Lexington, Mass. June 3, 1935. the Board of `appeals will hold a hearing on the matter of varying the application of the Zoning Law4 by permitting on the premises owned by the Highland Trust Company and located at 581 Marrett `bad, Lexington, the storage of metal floor pans and equipment, under the Lexington Zoning Law or in accord- ance with Chapter 40, "ection 27A of the Ueneral Laws and amendments. 133 The hearing will be held in the Selectmen' s Hoom, Town Office Building, Lexington, on June 21st, 1935, at 8:00 P. M. Arthur N. Maddison, chairman, board of Appeals. Mr. James R. Smith of 154 Highland Avenue, Arlington, appeared at the invitation of the board with regard to his pe- tition for the variance of the application of Section 5 of the Zoning By-law with respect to the premises at the corner of Tower street and 1uass . "venue, Lexington, by permitting the maintenance of an existing sign. Mr. Glynn asked Mr. Smith if there was a temporary small sign leaning against the large sign. Mr. Smith stated that he did have a small sign which occasionally was left leaning against the large sign, but it was an oversight if it had been there for any length of time . He said that he had been hand- icapped in developing his property because of the fact that he could not get people to look over the development by the means of a sign. However he had always tried to live up to the rules of the Town. No persons appeared in opposition. the motion was made and seconded that the permit be granted for a two year period, and it was unanimously voted to grant the permit in the following form: BOARD OF APPEALS PERMIT he board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by James R. Smith, 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 Selectmen's Room, in the Town Office Building on the seventh day of June, 1935, and adjourned to June 21, 1935. 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 wished to continue the maintenance of the sign advertising his development known as "Sunnyview Home Develop ment" in its present location near the corner of Massachusetts Avenue and Tower Street, for a period to expire June 21, 1937. 1 134 No persons appeared in opposition. At the close of the hearing the Board in private session on June 21st gave 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 be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status 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-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning by-law as to the locus in question would involve substantial hardhsip to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. as to the locus in question would Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning by-law is hereby varied so far as may be necessary to permit James nc amith of Arlington, Mass, to maintain a sign advertising his development known as "Sunnybie* Home Development" in its present location near the corner of Mass. Ave. and lower Street for a period to expire June 21, 1937. The Board hereby makes a detailed record of all its pro- ceedings 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 OF LEXINGTON. (Appointed under G. L. Ch. 40, 'Sec. 27) A. N. Maddison Clyde E. bteeves Charles E. Ferguson John A. Lyons ' C . Gdward `'lynn 135 I, C . Adward Glynn, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 25th day of May, 1935 to Edward W. & Esther S. Baker, Florence M. Daniels, Charles H. Lowe, John M. & Bridget M. Cotter, Aleah E. Canessa, Esther B. Lee Richard L. & 'Jessie W. Truesdell, Gertrude Pierce et al, Stephen Broughall, Katherine A. Russell, Morse L. Walker, Anna L. O'Hearn, George Sweetland, Johanna Kennedy, William N. Robbins, dames R. Smith, Edward F. Buttrick, Alice b. Kennedy Tr. , William F. Fletcher, Nelson N. Denney, Joseph Irani, Louis J. Reynolds, Emily A. Pierce, James A . & Martha Holt, Roland ". & Edna Bsldrey, �"rancis D. & Mary E. lracey, Jane r. Knight, and also advertised in the Lexington Minute-Man on Mey 23rd, 1935, a notice of which the following is a true copy. C . Edward Glynn Ulerk Pro-tem, board of "ppeals. May 22, 1935. Lexington Board of Zoning Appeals iown Office Building II Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under 4eneralIaws, Chapter 40, Section 27, to vary the application of section 5 R. 1 District, Section 9, of the Lexington Zoning By-law with respect to the premises at lower Street and Mass. Avenue owned by James A. 'with of Arlington, Mass. by per- mitting the following; Maintain present sign. James H. Smith (Signature) 154 Highland Avenue(Address) Arlington, Mass . NOTICE Lexington, Mass. May 23, 1935. The board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by James R. Smith at 977 to 1004 Mass. Avenue, the maintenance of the present sign now located on the property, under the Lexington Zoning By-Law or in accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held on June 7th, 1935 at 9:00 P. M. at the Selectmen's 11oom, Town Office building, Lexington. Arthur E. Maddison, Chairman, board of Appeals. 136 ca, The records of the meeting held on June 10, 1935, were approved. the meeting adjourned at 9:05 P. M. true copy, attest: i Clerk Pro-tet