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HomeMy WebLinkAbout1939-08-0428 BOARD OF APPEALS MEETING August 4, 1939. A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building at 8:00 P.M. Acting Chair- man C. Edward Glynn, Mr. Charles E. Ferguson and Associate member Winthrop H. Bowker were present. The Secretary was also present. At 8:00 P.M. hearing was declared open upon the application of Charles I. Gragg for permission to use the premises at 18/20 Waltham Street for the extraction by laboratory process of essences. Mr. Gragg and Mr. George M. Paris appeared before the Board. Mr. D. J. OtConnell was also present. Mr. Ferguson read the notice of the hearing. Mr. Gragg said that they had been negotiating for the possible lease or purchase of the building, but had made no definite arrangements as yet. He presented pictures of the producing aparatus. He said that they had not definitely made up their minds that this was the location they wanted, but if they decided it was, it would be an enterprise for the production of extracts to be sold all over North and South America. The extracts are highly concentrated and are , manufactured by a process that requires no heat or heavy power. The only mechanical device used is 4 small stirring device. This would be 1/8th horse power. -Che rest of the process is carried on in glass tanks, consisting of putting highly concentrated extracts and other ingredients into it and allowing them to percolate. Its own action makes the extract. Mr. Gragg said that it was quite necessary that they have facilities for testing the extracts and sampling them..For that purpose they planned to use a small set of bottling machinery. The machine makes no noise, could not be heard outside and would hot be running continually. When the machine was running, about twelve to twenty-four cases per hour would go through. ``hese products would be used for three purposes - testing within the plant, sending out as samples, and for local sale to eonsumers. The Chairman asked how this product was sold, and Mr. Gragg said that it usually was sold in four to six-gallon jugs. He asked how the jugs were filled and Mr. Gragg said they were filled by hand. He said that the essential thing was the extracting and that the bottling was secondary. He presented a copy of the instructions to be sent to the bottlers who buy the extracts. He said that Mr. Paris would probably go to bottlers to help the companies get started. The Chairman asked if there were any particular odors connected with this, and Mr. Gragg said there was a slight ' aromatic odor within the building, but none outside. There m ' will be no acid or foul odors. one can smell SinGerale- mint, or something of that sort inside only. The Chairman asked if any of the products they used were of a volatile nature, and Mr. Paris said they would have some alcohol, but not more than forty or fifty gallons at a time. Chairman Glynnasked if they would use any acids, and Paris replied in the negative. The Chairman asked if it was their intention to lease the building, and Mr. Gragg said they would like to lease ,with option to buy. Xhe Chairman asked if they believed the premises to be large enough, and Gragg said that the pre- mises were more than sufficient for a very large volume of business. He said their problem at first would be how to fill Tzp the space and have the place look busy; they have no expectation of needing to expand. The Chairman asked if alcohol would be the only in- flammable ingredient, and Mr. Paris said that it would. Mr. Bowker asked if they would use any special chemicals, and Mr. Paris said they would not. The Chairman asked if there would be any distillation,, and Mr. Paris replied in the negative. Pio one else appeared in favor of the granting of the petition. Mr. Daniel J. O'Connell said that he was opposed to the ' granting of the petition. He said that if there was a man- ufacturing plant located in .this section it would deteriorate the value of the surrounding property. He said he did not want to restrict business, but he believed this use would do material damage to the neighborhood. He sAid that it would be impossible to carry on this business without having odors outside. He said that at best, it should be a quali- fied permit. He said he would have no obJection to the use if it was as nice as it was painted. He said that if there was a place around here that was being put to a similar use in a similar location, he would like to see it. Mr. Gragg said that they thought about the problem in the same way that OTConnell had, and it there was anything injurious to the Town, they would not consider this. He said there was no dark side of the picture. Some of this equipment has been set up in his woodshed for his own education and Mr. Paris showed him how the plant would operate. He said he would be glad to have O'Connell go up to his house and see the equipment. He said hs was positive it would be no more of nuisance than the p®st office. The Chairman said there was some question as to the poss- ibility of granting what is a light manufacturing use in that district. He said the was not sure how this would be considered. He asked how much of a cost there would be for moving the machinery, if the permit was r -ranted on an experimental basis, ' and it was necessary to move. Pair. Gragg said one small truck could move it out in half a day. He said the only question would be on what terms they could make with the landlord in ' fixing up the building. He thought it would be economically unwise to move in six months, say. He said that if it dev- eloped that the people nearby or anywhere in town objected, they would prefer to move the business. He said they did not want to have anything that was unpleasant. The Chairman asked if they had arranged any lease so far, and Mr. Gragg said they had not for .two reasons' they are still looking :at_ other locations, and Mr. Brookings did not want to talk terms until he had some idea of whether or not the thing was boing ahead. The hearing was declared closed at 8:26 P.M. The records of the meeting held on July 14th were declared approved. At 8:30 P.M. hearing was declared open upon the application of Daniel J. O'Connell for permission to construct a theatre in the rear of.1775 Mass. Ave., Lexin-ton. The notice of the hearing was read by Mr. Ferguson. Mr. O'Connell said that this was the same application as before, when the chief objection was that he had not shown adequate parking space. He said that the old grain mill had been removed and that the building in which the restaurant is ' would be removed. Mr. O'Conn'ell showed the Board a letter from the Boston & Maine R. R. to the effect that the land in the rear of the Hunt Building would be available for parking. He presented a plan of .the theatre. The Chairman asked if this was a different plan from the one shown last year, and O'Connell said he did not have a definite plan before. The Chainm n asked how many cars could be parked in the area available for parking, and O'Connell said he could take care of one hundred cars comfortably. He said that the theatre would have a capacity of about 950 persons. Mr. Wm. Roger Greeley was present, and he said that after figuring it out, he thought that 150 cars could be parked in the parking area. The Chairman asked if the parking space would be free to patrons of the theatre, and Mr. O'Connell replied in the affirmative, but said that persons could not park there unless they were attending the theatre. He said that he could have the Rubin and Seligman land. The Chairman asked if he would purchase the 12,600' from Rubin and Seligman, and O'Connell said that he could. The railroad will not sell., but will give him a long-time lease for the life of the theatre upon any terms he wishes. Mr. Ferguson asked how wide 'a I driveway he would have, and O'Connell said it would be twenty feet wide. Mr. Bowker asked how they would reulate it so that people other than those attending the theatre would not use ' the parking area, and O'Connell said he would have an attendant there. 31 The Chairman said he assumed that Mr. Greeley was the ' architect, and Mr. OtConnell said that he was. He said that the building would not be gaudy, but would be right type. No other persons appeared in favor of the granting of the petition. Mr. William Viano said that he wanted to oppose the petition as he felt that the Town was not large enough to support a theatre of this size. The Chairman asked what he based his opinion on, and Viano said he based it on his experience in operating the theatre here. He thought that one theatre was enough to 'take care of 20,000 people. Arlington has a population of 40,000 and has two theatres. The Chairman asked how the bookings were made. Viano said that regardless of the size of the town one could not run pictures until they were available. He said that first run pictures can not be run for thirty days after the com- pletion of the run in Boston within twenty-five miles. He said that the Winchester Theatre had not been a success be- cause they cannot get pictures any sooner than the rest. The Chairman asked if the only reason for his objection was that he felt that this theatre would compete with his own house, and Viano said that the size of the town did not warrant another theatre. Mr. Fred Viano asked how many cars O'Connell could park and the Chairman said that he could park about 150. Viano said that he doubted that, and believed that he could not park more than fifty cars. He said that the Colonial Gar- age had a floor area of 110' x1001, and all they can park there are forty cars. He said he did not believe we needed another theatre, but if one was allowed, he wanted to see a decent one put up. No other persons appeared in opposition. Mr. Bowker said he would like to see'a plan showing the whole layout, including the parking areas, and O'Connell said he would submit such a plan. Mr. Glynn asked if the Board could have the letter from the railroad, and Mr. O'Connell said he would see that the Board got it. The hearing was declared closed at 9:00 P.M. Mr. John M. Whouley appeared before the Board. He said he was a partner in a roadside stand located at the corner of Marrett Road and Waltham Street. The Building Inspector in- formed him that they had two signs that were larger than the ordinances allow. He said that one of the signs was there• before his occupancy, and the same ordinances applied then, but the sign was allowed to remain. After they had occupied the stand for three or four months, the Building Inspector informed them that the sign was not in accordance with the Zoning and Building Ordinances. He said they felt it was ' imposing a hardship on them to force them to remove the sign, and he would like a variance of the ordinance. He felt that the Building Inspector had been discriminatory. He felt bb, would be doing ]iimself and his partner an injustice if he did not ask for a permit to leave the signs as is. The Chairman said, that the only question came on the size of the signs. He asked if there was any particular reason why they should be an exception to the by-laws of the town. Mr. Whouley said he thought that roadside stands needed signs for advertising. Mr. Longbottom said that he was continually discovering signs that were erected illegally, and many times they have been up quite a while before they come to the attention of the auth- orities, He said that the regulations were adopted by the.Town, presumably because it is a residential town and the people do not want business signs to be too noticeable. Mr. Whouley said that he did not build the first sign, but was mislead by it, and had the second one built, at an expense of WO#00. He retired. Mr. Longbottom said that When he first became Building Inspeetbr, there were a great many signs that were illegal, and he got after them. Most of them took down the signs, but Mr. Whouley refused to take his down, both the gas stations across the street took down their signs. Mr. Longbottom retired at 9:15 P.M. It was decided to hold over the Brookings and O'Connell applications. The Board considered the appeal of John F. Whouley from the decision of the Building Inspector, that signs he was maintaining on premises at the corner of Marrett Road and Waltham Street were in excess of the size allowed by the Building Code. It was the unanimous decision of the Board not to grant a permit for the maintenance of these signs, and so to notify the applicant. Upon motion of Mr. Ferguson, seconded by Mr. Bowker, it was voted to deny the petition of Vincent Na Bellizia in the following form (Messrs. Robbins and Locke v1shing to be re- corded in opposition, also) 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 iincent N. Bellizia 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 1 n 1 33 Building on November 25, 1938. ' Two Associates 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: The petitioner failed to appear before the Board in person or by representa- tive and no evidence was offered. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: No persons appeared in opposition and no evidence was offered in opposition. On August 4, 1939, The Board in private session gave consideration to the subject of the petition and voted un- animously in favor if the following findings.- 10 indings: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. 30 That the exception requested will not be in harmony with the general purposes and intent of the regulations in 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 diffi- culty 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 peition of Vincent N. Bellizia for the reason that the applicant has not appeared before the Board and has offered no evidence as to why the premit should be granted to him. 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, in- cluding that herein summarized, and directs that this record immediately following this decision shall be filed in the off- ice 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. 34 BOARD OF APPEALS OF LEXINGTON (Appointed under G. L, Ch. 40, sec. 27) C..EDWARD GLYNN CHARLES E. FERGUSON WINTHROP H. BOWKER ERROL H. LOCKE HOWARD W. ROBBINS I. Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mail- ing on the 4th day of November, 1938, to Dennis McNamara, Thomas G, Dale, Francesca LaCava, Daniel J. Brown, Louis M, Brogna, Eunice E. Holton, Andrea and Antonio Bacigalupo, incent N, Bellizia , and also advertised in the Lexington Minute -Man on November 3rd, 1938, a notice of which the following is a true copy, HOWARD W, ROBBINS Clerk, Board of Appeals, October 26, 1938. 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 section 9A of the Lexington Zoning By -Law with respect to the premises at No. 232 Cedar Street, owned by Vincent N. Bellizia of Lexington by permitting the following: Maintenance of a Riding School and Stable. Vincent N. Bellizia 232 Cedar Street Lexington, Mass, (Signature) (Address) 1 1 1 1 1 1 N O T I C E Lexington, Mass. Nov. 2nd, 1938. 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 Vincent N. Bellizia and located at 232 Cedar Street, Lexington, the maintenance of a riding school and stable, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on November 25th, 1938, at 8:10 P.M. in the Selectmen's Room, Town Office Building, Lexington, ARTHUR N. MADDISON Chairman, Board of Appeals. The meeting adjourned at 9:50 P.M. A true record, Attest: Clerk, 4 35