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HomeMy WebLinkAbout1942-04-17• BOARD OF APPEALS MEETING April 17, 1942 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Chairman Glynn, Messrs. Locke, Kimball, Bowker, and Green were present. Mr. Maddison was contacted, but could not be present. Mr. Green attended in Mr. Maddison's Place. In the �b sence of Miss Lowe, Miss Murray acted as Clerk Pro -tem. At 8:00 P. M. hearing was declared open upon the petition of F. K. Johnson, Inc., for permission to produce defense materials on the premises of said F. K. Johnson, Inc. located at 39/41 Bedford Street, Lexington. Eight persons were present at the hearing. The notice of the hearing was read by Mr. Bowker. The Chairman asked Mr. Johnson to tell the Board what he wanted to do. Mr. Johnson presented samples of steel parts, to be used in aeroplanes, which he wishes to produce. He said that he had an opportunity to rent a portion of his building to the W. H. Nichols & Sons of Waltham. This company has operated a machine shop in Waltham for forty years. Mr. Johnson said that the automobile business is not good and that the machine shop business is booming. Mr. Nichols' concern needs more space than they now have. He requested that he be granted this permit for the duration of the war. Mr. Johnson said the work performed would be princi- pally a grinding operation which is not noisy. The question was raised regarding the possible insurance risks for the neighborhood and Mr. Johnson said that he had checked this angle through an insurance broker in Boston. He presented a letter to the Board which he received from Walter E. Rowe of Gilmour, Rothery & Co. advising that the proposed production of war materials in the rear section of his property would have no effect on the present insurance rates. Mr. Johnson said that they would start with a few machines and the future depends on what develops. The machines are individually operated and each has its own motor. He said that the building would not be changed in outside appearance. Mr. Johnson said that if the petition were granted, it would be possible for some of the Lexington men qualified in this type of work to obtain employment here at home. The Chairman asked what the size of the building was, and Mr. Johnson said that it was 60' by 50'. The Chairman asked if the power was all electric and Mr. Johnson replied in the affirmative. `24 The Chairman asked if each machine had an individ- ual motor and Mr. Johnson replied that that was correct. The Chairman asked if the machine would grind only, and Mr. Johnson said that was his understanding. Mr. Kimball asked for the approximate distance to the nearest dwelling and Mr. Johnson said that Mr. Stucke's house was the nearest and he would estimate that it was 60' from the front of his building but that the operation of the machines would be in the rear of the building, perhaps 100' away from the Be��(Rd street side. Mr. Johnson said that the nearest house was I'drs. Phelps' double house in the rear, which is father away than Ivir. Stueke's house. 'Mr. Kimball asked how many square feet there were in Mr. Johnson's lot and 1r. Johnson said that the lot had 93' frontage and a 40' right of way between the Stucke property and the garage. His land extends 93' along Bedford Street, and has a depth of approximately 2001. He said that his present building *,,;as approximately 60' x 120' with a 40' setback. Mr. Hart Nichols of the W. H. Pfiehols & Son company was the next speaker. He said that he believed P,r. Johnson had covered all points rather well. He said the operation is entirely the grinding of the inner portion of these parts, and it is merely a finisI1in, operation. He pro- poses to brinfr these parts from Waltham for this finishing operation, return them to Waltham, mate with other parts, and ship from ?"Taltha..,. There is a possibility that they might brine<, over a ^ear sharer which _performs the operation of putting in the shape. The Chairman asked if the gear cutter was like a planing operation and Mr. Nichols said that this was a vertical operation with a stroke of 3" up and down. The Chairman asked if there would be any noise and Mr. Nichols said that there would be no sound. His company runs the machines all night and the neighbors are closer than they are to Mr. Johnson's garage and he has never had any complaints. He said the machines are not heavy and are all brand new. The Chairman asked if any chemicals would be used and Mr. Nichols said that no liquids other than grinding oil would be used and this is not inflammable in any way. He said that all machines are individually operated. Mr. Bowker asked what the horsepower was and Mr. Nichols said 21 to 3 horsepower divided exaong three motors. Mr. Nichols said that it would be necessary to bring a power line from the street and that the Boston Edison Company had approved this. u The Chairman asked how many people would be employed and Mr. Nichols said that somewhere in the neighborhood of five and not more than ten men. Mr. Locke asked what hours the shop would operate and Mr. Nichols said two ten-hour shifts. Mr. Glynn asked if there would be any work with brass and Mr. Nichols said that only steel and cast iron would be used. The Chairman asked how many machines would be used and Mr. Nichols said between eight and ten. Mr. Kimball asked what the pumps for which these parts are made are used and Mr. Nichols said they were used in Government aircraft. The Chairman asked if there were any persons appearing in favor of the petition. Mr. Tarbox spoke in favor of the petition stating that he was personally interested inasmuch as he expected to be the manager and it would mean that he could come back to Lexington to work. He said that he believed it would be an asset to the Town to have some war production industry. Mr. Eugene Viano was the next speaker. He stated that he is the owner of the property across from Johnson's garage. He said that he felt it pertinent to point out a few things in favor of the petition. He said that Mr. Nichols and Mr. Johnson both stated that the business would be free from noise. Mr. Viano said that the automobile business is very noisy --especially tin knocking. He said that there was no doubt in his mind but that this particular operation would be less detrimental to the neighborhood than a garage. He said that he was highly in favor of the granting of this petition. Mr. Leon Bateman, representing the Chamber of Commerce, was the next speaker. He said that the Chamber of Commerce had discussed this more or less and that they felt it would be a patriotic service and that a light industry of this type would be an asset to the Town. He said that the directors were in favor of asking that the petition be granted. Mr. Caouette, Vice-president of the Chamber of Commerce, said that he concurred with what Mr. Bateman and Mr. Tarbox had said. He said that we need all possible help to produce war materials and that the pbtition should be granted. Mr. Stucke said that the only objection he might have would be any increasedcost on his dwelling in the line of insurance, or any increase in noise. He asked if there would be trucks going in and out during the night. Mr. Nichols said that all traffic would be taken care of during the day and that one truck load of blanks would supply a whole week's effort. 0 • Mr. Bowker asked if the exterior lighting would be the same and Mr. Johnson said that it would. Mr. Nichols said that there would be no need for further lighting as the windows would be blacked out anyway, and they would work under artificial light. He said that the machinery would be insured under the Factory Insurance Association and they insist that precuations be taken. He also stated that the building is equipped with sprinklers. Upon motion of Mr. Kimball, seconded by Mr. Bowker, it was unanimously voted that the petition of F. K. Johnson, Inc. be granted in the following form: 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 F. K. Johnson, Inc., 39/41 Bedford Street, Lexington, 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 news- paper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the sev- enteenth day of April, 1942. One Associate and four 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 lease the rear portion of his garage located at 39/41 Bedford Street, Lexington, to W. H. Nichols & Sons of Waltham for the production of airplane parts to be. used in the war effort; that the size of the portion to.be leased is approximately 60' x 50' separated by a wall, with a door in it, from the remaining.part; that the type of work is to be principally grinding small steel parts with the possibility later of some cutting of gears of cast iron; that the machines used are driven by individual electric motors and are relatively free from noise; that the number of persons employed at the start would be about five, later possibly ten or more; that there would be no structural change in the building or alteration of the exterior; that no chemicals are employed in the process of the manufacture; that there will be no obnoxious fumes; that there would be no necessity for additional lights on the exterior of the building; that the machines will be operated on two ten-hour shifts; that there will be no transportation of materials to or from the plant except during ordinary business hours. They claim that such use would occasion no change in the fire insurance rates on this or surrounding property accord- • ing to advice of their insurance broker. No evidence was offered opposing the granting of the petition. 27 0 At the close of the hearing the Board in private session on April 17, 1942 gave consideration to the subject of the petition and voted unanimously in favor of the fol- lowing 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 provi- sions 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 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 F. K. Johnson, Inc. located at 39/41 Bedford Street, Lexington, to lease to W. H. ilichols & Sons the rear portion of their garage, approximately 0/0' x 50' in size for use in the production of small airplane parts necessary to war effort, under the following conditions: That the process will consist of grinding steel parts and of cutting cast iron gears by machines driven by individual electric motors of approximately 21 horse power; that no other form of power shall be used in the process; that there should be no use of obnoxious chemicals or fumes; that there should be no material structural changes, and no change to the exterior of the building; that there should be no additional flood lighting,; that the production shall be for war purposes only; that the noise shall not exceed that which normLZlly occurs in a garage; that the premises be rept in a neat and orderly condition; that this permit is granted only for the duration of the war. The Board hereby makes a detailed record of all its nro- 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 • -0 • 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 EDWARD W. KIMBALL WINTHROP H. B04'KER ERROL H. LOCKE GEORGE H. B. GREEN I, Eleanor M. Lowe, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 9th day of April, 1942 to May S. Harring- ton, Custance Bros., Inc., Lexington Lumber Co., Elizabeth C. Phelps, Richard J. LeGraw, F. K. Johnson, Eugene J. Viano, Carl F. & Iva P,i. Stucke, Lexington Savings Bank, Helen C. Ryan, et al, Bridget A. Winn, Alice Koton, William A. & Richard G. Gibson, Lulu B. Montague, Leslie D. and Evelyn E. 11artin, Maud K. Swan, Josephine N. Partridge, Josephine E. Bailey, James S. and Rose M. Robb, Cyril V. and Ruth P. Seymour, Frank H. Tobin, and also advertised in the Lexington 11inute-Man on April 2, 1942, a notice of which the following is a true copy. ELEANOR 12. LONE Clerk, Board of Appeals April 2, 1942 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 9D of the Lexington Zoning By-law with respect to the premises at No. 39/41 Bedford Street, owned by F. K. Johnson, Inc. of Lexington by permitting the following: the production of defense mat- erials. F. K. Johnson, Inc. by F. K. Johnson, Treas. 39/41 Bedford Street • Lexington, Mass. • 0 T I C E Lexington, fllass. April 2, 1942 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 F. K. Johnson, Inc., and located at 39/41 Bedford Street, Lexington, the production of de- fense materials, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on April 17, 1942 at 8:00 P.M. in the Selectmen's Rood, Town Office Building, Lexington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals In granting this petition the Board took into consideration the fact that the type of work which is to be permitted is not greatly different than that which occurs in the garage in that there is little noise connected with it and in many ways it does not differ except as to the hours of operation; that it is a time of National Emergency when all facilities that can reasonably be employed for the war efforts should be so used; that the portion of the premises to be leased is not close to residences; that this type of work should not be objectionable, and that there is no enlargement of the build- ing necessary. The records of the meeting held on March 27, 1942 were declared approved. The meeting adjourned at 9:15 P. M. A true record, Attest: Clerk Prote . 29