HomeMy WebLinkAbout1939-01-20 252
BOARD OF APPEALS MEETING
January 20, 1939
A meeting of the Board of Appeals was held in the
Selectmen's RoomTown Office Building, at 8:00 P. M.
Messrs. Glynn, Kimball and William H. Driscoll were pres-
ent. The Secretary was also present. In the absence of
Mr. Maddison, Mr. Glynn was elected Chairman Pro-tem. In
the absence of Clerk Robbins, Mr. Kimball was elected Clex
Pro-tem.
At 8:00 P. M hearing was declared open on the applica-
tion of William H. White, Jr. for permission to maintain a
salesroom for motor vehicles, and the storage and repair of
motor vehicles on the premises owned by Max and Edward I.
Berman and located at 7 Massachusetts Avenue, Lexington.
The notice of the hearing was read by the Clerk Pro-tem.
Mr. Edward Berman and Mr. White were the only persons
present at the hearing.
Mr. Berman said that they had owned the building for
ten years, having built it about ten years ago. He said that
it had been used as a salesroom, and for the last five years
it has been used for various purposes--not as a garage, but
as a laboratory in connection with gasoline and oil and oil-,
burning machines. He said that Mr. White had rented the
building with the intention of establishing an automobile
agency. He said that the building had been used as a public
garage.
Mr. Glynn asked how many cars they could get in the
building, and Mr. Berman thought that they could get about
fifty in. He said that the building was fire-proof. He
did not anticipate any objection from the neighbors, as the
garage is in a business zone.
Mr. Glynn asked Mr. White if it was his intention to
have everything inside the building, and Mr. White said that
there was no land outside the building. Mr. Glynn told him
that when requests similar to his have been granted, the Board
of Appeals had specified that no cars were to stored outside
the building.
Mr. White asked what he was to do about cars for display
purposes. Mr. Glynn said that the Board did not like to see
cars or parts of them outside a building.
Mr. Kimball asked if there was any land that went with
the building, and Mr. White said that there was no land except
253
the frontage. Mr. Berman thought there was room enough for
a car to be placed in front of the building and still not be
on the sidewalk. He said he believed that Mr. White would
conduct his business so that it would not be detrimental to
the neighborhood.
Mr. Driscoll asked Mr. White if he would be a let class
dealer, and he replied in the affirmative.
Messrs. White and Berman retired at 8:15 P. M.
Upon motion of Mr. Kimball, seconded by Mr. Driscoll, it
was voted to grant the petition in the following form:
(Messrs. Robbins & Ferguson wishing to be recorded in favor)
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General Laws, Chapter
40, Sec. 27, having received a written petition addressed to
it by William H. White, Jr. , 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 20th day of January, 1939.
One associate and two members of the Board of Appeals
were present at the hearing. A certificate of notice is here-
to annexed. At this hearing evidence was offered on behalf
of the petitioner tending to show:
That Max and Edward I. Berman own the garage building
located at 7 Mass. Ave . , and desire permission to again use
the same as a salesroom for motor vehicles, and for the
storage and repair of motor vehicles;
That the building was constructed for that purpose, and that
the building was originally so used, but not during the past
five years.
At the close of the hearing the Board in private session
on January 20, 1939 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 Lex-
ington Zoning By-Law.
254 2
4. That owing to conditions especially affecting the
said parcel but not affoiting generally the Zoning district
in which it is located, a literal enforcement of the pro-
visions of the Lexington Zoning By-law as to the locus in
question would involve substantial hardship to the petitioner
and that desirable relief may be granted without substan-
tially derogating from the intent or purpose of such Lexington
Zoning By-law.
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 the use of said building at 7 Mass. Ave . , Lexington,
as a garage for storage and repair of automobiles, and as
a salesroom for motor vehicles, on the following conditions:
That no motor vehicles, or parts of equipment, or
accessories thereto shall be exposed for sale or for other
purposes outside of the building;
That no motor vehicles of the petitioner or his lessee
shall be left standing on Mass . Ave.;
That no out-of-door signs, other than those attached to
the building, shall be permitted.
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 hereinbe-
fore 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 to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L. Ch. 40, Sec, 27)
C . EDWARD GLYNN
CHARLES E. FERGUSON
EDWARD W. KIMBALL
WM. H. DRISCOLL
HOWARD W. ROBBINS
I, Edward W. Kimball, 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 cer-
tificate of mailing on the 9th day of January, 1939, to
Boston and Lowell R. R. Corp. , Samuel Smorack, Tr. , Esther
Berman, Annie Bornstein, Eva Lesser, Harry E. Johnson,
Nellie H. Viano, Mary A. Shea, Max and Edward I. Berman,
William H. White, Jr. , and also advertised in the Lexington
Minute-Man on January 5, 1939, a notice of which the follow-
ing is a true copy.
EDWARD W. KIP+iBALL
Clerk Pro-tem, Board of Appeals.
255
January 4, 1939.
Lexington Board of Zoning Appeals
Town uffice Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board
of Appeals, appointed under General laws, Chapter 40, Section
27, to determine the application of Section 9A of the Lexington
Zoning By-law with respect to the premises at No. 7 Mass. Ave.
owned by Max and Edward I. Berman of Lexington by permitting
the following: Salesroom for motor vehicles, storage and
repairs on motor vehicles .
William H. White, Jr. (Signature)
175 Pleasant Street (Address )
Arlington
NOTICE
Lexington, Mass.
January 4, 1939.
The Board of Appeals will hold a hearing on the matter
of determining the application of the Zoning Law by permitting
on the premises owned by Max and Edward I. Berman and located
at 7 Massachusetts Avenue, Lexington, the maintenance of a
salesroom for motor vehicles , under the Lexington Zoning Law
or in accordance with Chapter 40, Section 27A of the General
Laws and amendments; upon petition of William H. White, Jr. ,
of 175 Pleasant Street, Arlington, Mass.
The hearing will be held on January 20th; 1939, at
8:00 P. M , in the Selectmen's Room, Town Offiee Building,
Lexington.
Arthur N. Maddison,
Chairman, Board of Appeals
The records of the meeting held on December 30, 1938
were approved, with one correction being noted.
The meeting adjourned at 8:40 P. M.
A true record, Attest :
Clerk Pro-tem.