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HomeMy WebLinkAbout1939-12-01 77 BOARD OF APPEALS MEETING December 1, 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 Glynn, Mr. Howard W. Robbins, and Associate Members, Errol H. Locke, and Winthrop H. Bowker were present. The Secretary was also present. At 8:00 P.M. hearing was declared open upon the petition of Mr. George M. Paris for permission to maintain an experimental room in a dwelling to be built on Watertown Street at Bowman Street, Lexington. The notice of the hearing was read by Clerk Robbins, The Building Inspector, Mr. Paris, and eight other persons were present at the hearing. Mr. T. A. Custance said that he was appearing for Mr. Paris. He said that Mr. Paris appeared before the Board of Appeals a short time ago relative to the manufacturing of essences at the old Post Office. He has since changed his plans and has given up the ida of manufacturing, but he did want to live in Lexing- ton. He has selected this location and would like to build a dwelling there he could do some experimental work. Mr. Custance presented a plan of the proposed dwelling. He said that the land formerly belonged to the Estate of William Robert- son, and was assessed for about $225.00. The Chairman asked if the house to be built was to be a residence for Mr. Paris, and Mr . Custance replied in the affirm- ative. The Chairman asked what else Mr. Paris wished to have there in addition to the living quarters. Mr. Custance said Mr. Paris might want to conduct some experiments in the kitchen. The Chairman asked Mr. Paris if these experiments had to do with flavoring essences, and Mr. Paris said that part of them did. The Chairman asked what else there would be, and Paris said he would be interested in making compounds from fruit oils. The Chairman asked if the experiments would be carried on in any particular part of the house, and Mr. Paris said he would work in the cellar sometimes , and sometimes in the kitchen. The Chairman asked if the experiments were of a commer- cial nature, and Mr. Paris replied in the nagative. He said he would produce samples whit' e would send through the mail. The Chairman asked if the idea 'vas, if he was successful, his ideas could be developed at some other location, and Mr. Paris said that was so. Mr. Paris said his maximum production would be three gallons a day. He said there would be nothing for the neighbors to complain about. He said that he could have built his house there and conducted his experiments without the neighbors knowing 78 c, anything about it, but he wanted them to know. The Chairman said that what he was going to do, then, was to produce material for sale. Paris said he did not think they were going to do that, because in order to produce good goods, they would have to have better facilities. The Chairman asked if it was safe to say that he was not going to make the stuff for sale. Mr. Paris said that he would want to send samples to other places, for instance , to Mexico. He said that if he was successful and someone wanted a gallon of his product, he did not believe it would be against the law to send out the gallon from there, until they get established some place where they can produce it more efficiently. Mr. Bowker asked what the main ingredients of the product were, and Mr. Faris said they were imported oils which came from Spain or Italy or some other tropical country. The cost of these oils varies from $7.50 per pint to $250. per pint . Mr. Paris said he would have no signs, no trucks, nor anything but a home for himself where he could carry on his experiments. He said his interest was science, not business, Mr. Bowker asked if he would use alcohol, and Mr. Paris said he would use not more than five gallons a month. Mr. Paris said he chose this site because it was in the country, and he wanted to live in the country. The Chairman asked if there were any persons who wished to appear in favor of the granting of the petition. Mr. Calvin W. Childs said that from the little he had heard of the proposition, he was not opposed to it. Dr. Frederick J. Lynch said he thought any departure from the Zoning Law was an entering wedge that permitted further departures. He said he came to Lexington two years ago and was assured that the Selectmen intended to '.se means to enforce the Zoning Law. He thought it an extraordinary situation when a man wanted to build a residence and his principal thought was making experiments. Dr. Lynch said he thought this was a commercial proposition. He read a letter from the Trustees of the Belmont Country objecting to the granting of the petition. Mrs. Mary D. Hatch said that this seemed to be a matter of good faith between the two contracting parties. She said she would have no objection if she could be assured that there would be an experimental room and nothing else, and that if it should change hands, there would be no further enlargement or departure without further consideration by the Board of Appeals. She thought it was a commendable thing to conduct experiments. She thought the house would be an addition to the neighborhood provided it was not used in a business way, She asked what power the Board of Appeals had should this become more than an experimental room. The Chairman said that the Board of Appeals had no power to grant a petition for doing business in a residential zone. That is left to the Building Inspector, under the Zoning Law. 79 ' Dr. Lynch asked Mr. Paris where his business was now, and Mr. Paris said he had no place of business now. Dr. Lynch said the fact that this was brought before the Board of Appeals made it seem like a commercial venture. Mrs. Lynch said that no matter how small a vial a person sold, it constituted business. Mr. Franklin W. Coleman said that there was only one house at the junction of these two main highways, and that is several hundred feet away from the junction. He said that what Mr. Paris intends to do should not be judged & commercial use. He said that he had talked with Mr . Babcock of the Belmont Country Club, and he said that he did not believe there would be any objection to Mr. Paris ' petition, but that perhaps he had changed his mind. He said he thought perople should realize that main junction points cannot remain residential. The Chairman said that that was something that the Town would have to determine, by an amendment to the Zoning Law. Mr. Arthur Maddison said he did not know if he was in favor or opposed. He said he hated to see that corner commercialized. He said that if Paris was going to carry on his experiments as explained here, he could not see any objection to it, but he was afraid they would go a little further. No other persons wishing to be heard, the hearing was declared closed at 8 :30 P.M. The Board took under consideration the fact that an experimental laboratory might readily be considered as one of the accessory uses of a residence, but only under the condition that nothing be produced therein for sale, this also being the opinion given the Board by the Town Counsel. Upon motion of Mr. Bowker, seconded by Mr. Robbins, it was voted to grant the petition in the following form (Mr. Maddison wishing to be recorded in favor) BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap. 40, sec. 27, having received a written petition addressed to it by George M. Paris 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 T+Iinute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building; on the 1st day of December 1939.. Two Associates and two members of the Board of Appeals 80 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 shot: That he wished to erect a house on Watertown Street at the corner of Bowman Street, Lexington, to be used as his residence and for the purposes of experimentation in the production of essences and compounds; That any such production would be in small quantities which would not in any way interfere with the appearance of the house or which would be out of keeping with a residential zone; That it would be his wish to sell some of the samples so produced with a view to later being able to conduct a business at some other location; shat the products to be used would be principally essential oils, and that there would be on hand at any one time not over five gallons of alcohol. Evidence was offered on behalf of thoseopposing the granting of the petition tending to show that they felt that the applicant wished to use the premises for commercial purposes not allowed in an R.l zone, and they feared such a use might become obnoxious and depreciate the value of residential property in the neighborhood. At the close of the hearing the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following* findings : 1. That in its judgement the public convenience and wel- fare will be substantially served by the making of the excep- tion 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. 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 hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board unanimously decides that the application of the said Lexington Zoning By-law is hereby varied o far as may be necessary to permit George M. Paris to occupy as a residence a house to be 81 built on his property on Watertown Street at the corner of Bowman Street, Lexington and to conduct therein experi- ments in the production of essences, flavorings , etc. , such as might be an accessory use of the house as a dwelling, under the express conditions that no product of such experi- mentation shall be sold on the premises or shall be producded on the premises for sale elsewhere, it being the specifice intent that such experimentation as is carried on shall be of a strictly non-commercial nature. The Board hereby rakes a detailed record of all its pro- ceeding relative to such petiton 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 ) C. Edward Glynn Errol H. Locke Winthrop H. Bowker Howard W. Robbins A. N. Maddison 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 seventeenth day of November, 1939, to Bernice B. Cronkhite, Lila D. Mason, Frederick J. Lynch, James A. Bailey, Theodore H. Babcock and Charles J Draper, Patrick Shanahan, Calvin W. Childs, Mary D. Hatch and George M. Paris, and also advertised in the Lexington Minute-Man on November 16th, 1939, a notice of which the following is a true copy. Howard W. Robbins Llerk, Board of Appeals November 16, 1939. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass . Gentlemen: The undersigned hereby petition the Lexington Board of 82 Appeals , appointed under General Laws, Chapter 40, Sec- tion 27, to vary the application of section 9 (g) of the Lexington Zoning By-law with respect to the premises at Watertown Street at Bowman Street, owned by George M. Paris of 87 Hancock Street, Lexington, by permitting the follow- ing: Maintenance of experimental room in dwelling. George M. Paris ( Signature) 87 Hancock Street Lexington (Address) NOTICE Lexington, Mass. November 16, 1939. 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 George M. Paris and located on Watertown Street at Bowman Street, Lexington, the mainten- ance of an experimental room in a dwelling, under the Lex- ington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on December 1, 1939, at 8:00 P.M. , in the Selectmen' s Room, Town Office Building, Lex- ington. 11 ARTHUR N. MADDISON Chairman Board of Appeals. The records of the meeting held on November 20th were declared approved. The meeting adjourned at 9 :35 P.M. A true record, Attest : 7/137- -v‘ C erk.