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BOARD OF APPEALS
November 17, 1944.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building on Friday evening,
November 17, 1944 at 8:00 p.m. Chairman Glynn, Messrs.
Locke, Bowker and Associate Member Brown were present.
The Clerk was also present.
At 8:00 p.m. hearing was declared open upon the
petition of Major Albert A. Ross for permission to manu-
facture machine tools on his premises located at 581
Marrett Road, Lexington. No persons appeared in favor
or in opposition.
The petitioner was not present.
The members of the Board felt that they would pre-
fer to know what type work was contemplated and what kind
of machinery would be used before making a decision. It
was, therefore, decided to adjourn the hearing until
Friday evening, November 24, 1944 at 8:00 p.m. subject
to Major Ross, or an informed representative,being able
to attend.
The records of the meeting held on October 6, 1944
were declared approved subject to certain changes.
At 8:15 P.M. hearing was declared open upon the
petition of John B. Lindstrom & Co. for permission to
occupyl the premises located at 7 Massachusetts Avenue,
Lexington, and owned by Max Berman, for the purpose of
manufacturing defense materials.
Mr. Peter Lindstrom and Mr. Berman appeared in
favor of granting the petition. No persons appeared in
opposition.
Mr. Lindstrom said that they desired to manufacture
metal cabinets for Raytheon Manufacturing Co., work which
is highly priority.
The Chairman asked what kind of machines would be
required and Mr. Lindstrom replied that there would be
several punch presses, two or three bending machines and
electric spot welders.
The Chairman asked if the punch presses would be
noisy and Mr. Lindstrom explained that they would not on
small work such as they intend to do.
The Chairman asked how heavy the material would be
and Mr. Lindstrom replied about 18 gauge - 50 thousandths.
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Upon motion of Mr. Locke, seconded by Mr. Brown, it
was unanimously voted that the petition be granted in
the following form:
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The Chairman asked if the company had any other
plants and Mr. Lindstrom replied that they have a plate
in Watertown.
The Chairman inquired as to the size of the build-
ing at 7 Mass. Avenue and Mr. Berman, the owner, replied
that it is 4.5' x 95' consisting of two floors, first
class construction of solid concrete.
The Chairman said, as he understood it, the build-
ing had been used as a garage. Mr. Berman replied that
that was correct. He said that he desires to rent or
sell the building and the John B. Lindstrom Co. would
rent or buy it, but as yet no definite agreement had
beed made. Mr. Berman informed the Board that approxi-
mately six years ago the Duplex Diesel Company operated
in this building for about four years and manufactured
Duplex pumps and motors.
The Chairman asked what hours the company would
operate and Mr. Lindstrom replied that they would like
to have two shifts and they would also like to work on
Sundays when necessary.
Mir. Brown asked how many people would be employed
and Mr. Lindstrom said between twenty and twenty-five
Mr. Brown asked if Mr. Lindstrom thought the busi-
ness would continue after the war and he replied that
he had every reason to believe that it would.
Mr. Lindstrom asked if there would be any difficulty
in obtaining a permit to continue the business after the
war and the Chairman informed him that he could only
give an opinion and that was that he might inasmuch as
this proposed business is not a provision allowable under
the Zoning Law.
Mr. Locke asked if his understanding that the build-
ing was erected about twenty years ago and originally
intended for a garage was correct, and Mr. Berman re-
plied in the affirmative.
Mr. Locke asked if the business would be operated
by the Peerless Pressed Metal Corporation and Mr. Lind-
strom replied that it would be operated by the John B.
Lindstrom Company.
Mr. Bowker asked whether or not there would be any
signs displayed and Mr. Lindstrom replied that there
might be only a painted sign on the window.
Mr. Lindstrom and Mr. Berman retired at 8:35 p.m.
Upon motion of Mr. Locke, seconded by Mr. Brown, it
was unanimously voted that the petition be granted in
the following form:
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BOARD OF APPEALS PETWIT
The Board of Appeals, acting under the Lexington
Zoning By-law and General Laws, Xhapter 40, Sections
25 to 30 as amended, having received a written petition
addressed to it by John B. Lindstrom & Co., 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
17th day of November, 1944.
One Associate and three regular members of the
Board of Appeals were present at the hearing. A certi-
ficate of notice is hereto annexed. At this hearing
evidence was offered on behalf of the petitioner tend-
ing to show: That they wished to occupy the premises
located at 7 Mass. Avenue, Lexington, owned by Max Berman,
for the purpose of manufacturing steel cabinets used by
Raytheon Manufacturing Co. and to operate the necessary
machinery therefore; that the cabinets would be manu-
factured from 18 gauge steel; that the machines used
would be those required for punching, forming welding
and grinding; that no painting or coating of the cabinets
was to be done on the premises; that they wished permission
to operate fro a maximum of two shifts per day and to
operate on Sundays and holidays when necessary; that the
machines were not unduly noisy when operating on material
of the above mentioned thickness.
No one appeared in opposition to granting the permit.
At the close of the hearing the Board in private ses-
sion on November 17, 1944 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 #eking 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.
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4.. That owing to conditions especially affecting the
said parcel but not affecting generally the Zoning dis-
trict 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 in-
tent or purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby
unanimously decides that the application of the Lex-
ington Zoning By-law is hereby varied so far as may
be necessary to permit John B. Lindstrom & Co. to
occupy the premises located at 7 Mass. Avenue, Lex-
ingtoh and to install machinery therein for the pur-
of manufacturing steel cabinets to house radar equip-
ment for Raytheon Manufacturing Co. under the follow-
ing conditions: That the process will consist of punch-
ing, forming, welding and grinding not thicker than lg
guage sheet steel by electrically driven machines; that
no other form of power shall be used in the process;
that there shall be no use of obnoxious chemicals or
fumes; that there shall be no change to the exterior of
the building; that the production shall be for war pur-
poses only; that the noise shall:not be allowed to be-
come a menace to the neighborhood; that the premises
shall be kept in a neat and orderly condition; that
parking space for cars of employees shall be provided
off of Mass. Ave.; thatthis permit is granted only for
the duration of the present war and shall expire within
six months of the termination of organized hostilities.
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 find-
ings 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 a public record and that
notice of this decision shall be mailed forthwith to
each party in interest.
BOARD OF APFEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
C. EDWARD GLYITN
I"IINTI MP H. JOVPIOR
ERROL H. L0
J. MILTON BROWN
LESTER T. REDM N
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151
I, Hazel J. Murray, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
Section 27, hereby certify that I sent by postage certi-
ficate of mailing on the 1st day of November, 1944, to
Lexington Realty Corp., Morris Berman, Bellie H. Viano,
Annie Bornstein, Eva Lesser, James E. & Laura L. Rogers,
Edwin A. & Elna 0.a
g.HenryL g Henr L. Bettencourt Justin
Shea, and also advertised in the Lexington Minute -Man
on November 2, 1944, a notice of which the following is
a true copy.
Hazel J. Murray
Clerk, Board of Appeals.
N 0 T I C E
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 Max Berman, and
located at 7 Mass. Avenue, Lexington, the manufacture
of defense materials, 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 17, 1944 at
8:15 P.M. in the Selectmen's Room, Town Office Building,
Lexington, Mass.
C. EDWARD GLYNN
Chairman, Board of Appeals
November 1, 1944
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
The undersigned hereby petitions the Lexington Board
of Appeals, appointed under General Laws, Chapter 40,
Sections 25 to 30 as amended, to vary the application of
section 9D of the Lexington Zoning By-law with respect to
the premises at #7 Mass. Ave. Lexington owned by Max
Berman of Lexington by permitting the following: The
manufacture of defense materials.
John B. Lindstrom Co.
264 Arlington St.
Watertown, Mass.
!The meeting adjourned at 9:15 p.m.
A true record, Attest:
7.4
BOARD OF APPEALS 0
A meeting of the Board of Appeals was held on
Friday evening, December 8, 1944 at 8:00 p.m. in the
Selectmen's Room, Town Office Building, Lexington,
Mass. Chairman Glynn, Messrs. Bowker, Nickerson and
Associate members Brown, and Redman were present. The
Clerk was also present.
At 8:00 p.m. hearing was declared open upon the
petition of Emily R. Scheibe for permission to erect
a real estate sign 4' x 8' on the land on the north-
westerly side of Lincoln Street, between Middleby Road
and Marrett Road, now owned by Mrs. Scheibe, for the
purpose of advertising the land on which it is to be
located.
Mr. Robert C. Merriam appeared on behalf of the
petitioner.
No persons appeared in favor or in opposition.
The notice of the hearing was read by Mr. Bowker.
Mr. Merriam informed the Board that there is a
tract of land consisting of approximately twenty-seven
acres on the northwest side of Lincoln Street which
Mrs. Scheibe has ovned and paid taxes on for several
years. She now has no use for the land and would like
to dispose of it and Mr. Merriam advised erecting a
sign advertising the property. He said that a tract of
land as large as the one in question would require a
larger sign than is allowed under the Zoning Laws.
The Chairman asked if the sign would be for adver-
tising the land upon which the sign was located and Mr.
Merriam replied in the affirmative.
The Chairman asked how far back on the lot Mrs.
Scheibe intended to place the sign and Mr. Merriam re-
plied ten or fifteen feet.
Mr. Redman asked if the tract of land would be
sold in one unit and Mr. Merriam replied in the affirm-
ative.
Mr. Nickerson asked if Mrs. Scheibe's land crossed
Lincoln Street and Mr. Merriam replied in the negative.
Mr. Bowker asked if the sign would be illuminated
and Mr. Merriam replied in the negative.
Mr. Merriam retired at 8:07 p.m. and Major Albert
A. Ross appeared before the Board.
The hearing upon the application of Major Ross
for permission to rent his premises at 581 Marrett Road,
Lexington for the purpose of light manufacturing was
adjourned from November 17, 1944 inasmuch as the petitioner
was not present. .
I�No persons appeared in favor or in opposition.
The notice of the hearing was read by Mr. Bowker.
Major Ross advised the Board that since requesting
a hearing, the concern which was interested in renting
his property had located in Waltham. He asked if a per-
mit could be granted permitting light manufacturing in
the event he had another opportunity to rent the pro-
perty.
The Chairman explained that a permit could not be
granted in advance of an actual prospect of having a
tenant. He advised Major Ross that, if he did rent the
property, to have some responsible person represent him
at the hearing and be prepared to answer all question.
Major Ross retired at 8:25 p.m.
The Board then gave further consideration to the
petition of Airs. Scheibe and upon motion of Mr. Bowker,
seconded by Mr. Brown, it was unanimously voted to grant
the pbtition in the following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington
Zoning By-law and General Laws, Chapter 40, Sections
25 to 30 as amended, having received a written peti-
tion addressed to it by Emily R. Scheibe 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 -Mian, a news-
paper published in Lexington, which hearing was held in
the Selectmen's Room, in the Town Office Building on the
8th day of December, 1944• Two Associate and three
regular 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 she wished to erect a
real estate sign 4' wide by 3' high on the land on the
northwest side of Lincoln Street running approximately
from opposite Middleby Road to Marrett Road for the pur-
pose of advertising the land on which it is located; that
there are about 27 acres in the parcel and that it is
not to be developed by the present owner.
At the close of the hearing the Board in private
session December S. 1944 gave consideration to the sub-
ject of the petition and voted unanimously in favor of the
following findings:
L_.J
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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 regula-
tions 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 hard-
ship 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
unanimously decides that the application of the Lex-
ington Zoning By-law is hereby varied so far as may
be necessary to permit Emily R. Scheibe to erect and
maintain a real estate sign 4' wide by 3' high on the
property on the northwesterly side of Lincoln Street
between Marrett Road and a point about opposite Middleby
Road upon the following conditions: That the sign shall
be kept in a neat and orderly appearance; that it shall
advertise only the land on which it is located; that it
shall be set back from the road as near to 20' as the
features of the property will allow and still give good
visibility. This permit shall expire on December S,
1945.
The Board hereby makes a detailed reoerd 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 pre-
sented at the said hearing, including that herein sum-
marized, 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 the decision shall
be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
C. EDWARD GLYNN
WINTHROP H. BOV,=
LESTER T. REDMAN
J. MILTON BROWN
D. E. NICKERSON
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I, Hazel J. Murray, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
Section 27, hereby certify that I sent by postage certif-
icate of mailing on the 22nd day of November, 1944 to
Emily A. Scheibe, Kaistutis & Margaret Balchumas, Harry
F. & Dorothy F. Conrad, June & Helen M. Chelland, Wesley
B. & Mary A. Etheridge, Augusta C. Holm, Leona C. &
Barbara E. Lydiard, Richard J. & Catherine B. Devanna,
William J. & Janet Buckley, John D. & Flossie Campbell,
Theodore R. Mottala, Sylvia H. Aker, Johanna Hultman,
George R. & Ethel M. Mitchell, Irene F. Webb, Stanley N.
White, George W. & Helen Sarano, Robert L. & Charles W.
Ryder, Neil McIntosh, and also advertised in the Lexington
Minute -Man on November 22, 1944, a notice of which the
following is a true copy.
Hazel J. Murray
Clerk, Board of Appeals
November 16, 1944
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petitions the Lexington
Board of Appeals, appointed under General Laws, Chapter
40, Sections 25 to 30 as amended, to vary the applica-
tion of Section 4 Par. 5 of the Lexington Zoning By-law
with respect to the premises at 27 acres on northwesterly
side of Lincoln Street between Middleby Road and Marrett
Road, owned by Emily R. Scheibe of Lexington by permitting
the following: "For Sale" Real Estate sign, 4 feet wide
by 3 feet high.
Emily R. Scheibe
376 Lincoln Street
Lexington, Mass.
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N O T I C E
Lexington, Mass.
November 22, 1944
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 Emily R.
Scheibe, the maintenance of a real estate sign, 4'
wide by 3' high on the northwesterly side of Lincoln
Street between Middleby Road and Marrett Road, Lex-
ington, 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 December 8, 1944 at
8:00 p.m. in the Selectmen's Room, Town Office Build-
ing, Lexington, Mass.
C. Edward Glynn
Chairman, Board of Appeals
The records of the hearing held on November 17,
194+ were declared approved.
The meeting adjourned at 8:50 P.M.
A true record, Attest:
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