Loading...
HomeMy WebLinkAbout1944-12-290 BOARD OF APPEALS MEETING December 29, 1944 A meeting of the Board of Appeals was held in the Selectmen's Room on Friday evening, December 29, 1944 at 8:20 p.m. Chairman Glynn, Messrs. Locke, Bowker, Associate Members Redman and Lynah were present. The Clerk was also present. At 8:20 p.m. hearing was declared open upon the application of Fulton Brown for permission.to continue the use of the property located at 9 Muzzey Street, Lexington as a blacksmith shop for making articles from horseshoes. The following persons were present at the hear- ing: Fulton Brown, Harold C. Denham, lair. and Mrs. Daniel E. Davis and a woman who did hot reveal her name, representing Mr. Henry S. Raymond. The notice of the hearing was read by Mr. Bowker. Mr. Brown stated that he would like to continue using the building at 9 Muzzey Street as a blacksmith shop. He informed the Board that he is not a black smith, but that he designs articles to be made from old horseshoes and then has blacksmiths, in their own shops, make them. The articles are assembled by Mr. Brown and he advised the Board that the operation was not noisy. He said that he makes horseshoe scrapers, horseshoe bells, horseshoe doorstops, etc. The Chairman asked what equipment would be re- quired in this business and Mr. Brown replied that he would use the same forge that had been used by the blacksmith previously in business at this location, a drill press and a grinder. The Chairman asked how long there had been a blacksmith shop on this site and Mr. Denham, owner of the property, replied about thirty years. Mr. Locke asked whether or not there would be any spray painting and Mr. Brown replied that the articles would be Parkerized in Cambridge, but that he would do some dipping. 157 158 Mr. Bowker inquired as to the hours the shop would be open and Mr. Brown stated that ordinarily it would be open from 8:00 a.m. until five or six in the evening. Mr. Locke asked if the parts were to be welded to- hether rather than soldered and Mr. Brown replied that he would use an electric welder. Lir. Lynah inquired as to the number of employees and Mr. Brown informed the Board that he would not employ anyone. He stated that he designed the articles and had them made at different blacksmith shops. They are then finished by him at his own shop. Messrs. Brown and Denham retired at 8:30 p.m. Hearing was then declared open upon the petition of Daniel E. Davis for permission to operate a machine shop for light manufacturing of experimental work for the United States Government, on the premises located at 5 Muzzey Street, Lexington. The notice of the hearing was read by Mr. Bowker. Mr. Davis stated that he has four bench lathes, one milling machine, three small drill presses, one band saw, one disking machine and tool grinders. He said that all of the machines are small. He informed the Board that he is at present engaged in war work for the • United States Government on special experimental pro- jeets which consists of lathe work. He said that he has small units for which he makes different parts which are assembled together. He further stated that he never makes more than twenty or thirty pices of any particular item. Once the unit is worked the way it is ordered, it then goes to a larger plant where units are made by the thousands. The Chairman asked what material was used in making the parts and Mr. Davis replied that he uses brass, solid silver and bakelight. The Chairman asked Mr. Davis how long he had been operating at 5 Muzzey Street and he replied that he had been there since the first of September. The Chairman asked if the work was noisy and Mr. Davis replied in the negative. The Chairman asked how many people were employed and Mr. Davis replied that he now employs thirteen, working in two shifts; from 5:00 a.m. until 6:00 p.m. and from 5:00 p.m. until 1;00 a.m. He said that in emergencies he and one or two other men occasionally worked on Sun- days. • L7 Mr. Locke asked if the employees lived in Lexing- ton and Mr. Davis stated that the majority of them did. Mr. Lynah asked if the business was operated by Mr. Davis as an individual and he replied in the affirm- ative stating that he had recently purchased the pro- perty. Mr. Lynah asked Mr. Davis if he had planned to con- tinue the business after the war and Mr. Davis replied that he hoped to continue and to do experimental work in aeronattics. The Chairman asked if there was anyone present opposing the granting of the petition. A woman, who did not reveal her name, stated that she was represent- ing Mr. Raymond of Clark Street. Mr. Raymond would object to a permanent manufacturing business being operated at this location, but he would have no objec- tion if it were operated for the duration of the war only. The hearing was,declared closed at 8:40 p.m. and the group retired. The Chairman read a letter from the Lexington Trust Company relative to varying the Zoning Law with respect to the premises at 5 and 9 Muzzey Street. The Executive Committee of the bank expressed the hope that if the- change hechange in zoning were allowed, it would be limited for not longer than six months after the duration of the present war and that the activities of the business would be confined to the buildings in which they are now carried on Upon motion -of Mr. Bowker, seconded by Mr. Locke, it was unanimously voted to grant the Fulton Brown peti- tion 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 petition addressed to it by Fulton Brown 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 29th day of December, 1944. Two 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 tending to show: That he wished to have the premises located at 9 Muzzey Street, Lexington, operated as a blacksmith shop for the purpose of making specialty articles from horseshoes; that the equipment used is mostly that common to blacksmith shops, including a small drill press and a small grinder; that the property has been used as a blacksmith shop for over thirty years; that at the present time there are no employees; that the hours are ordinary business hours with the exceptions during occasional rush seasons. some work is done in the evening; that much of the work done consists of assembling and fin- ishing material that has been partly wrought elsewhere. Ra one appeared in opposition, but one opinion was expressed by letter that the permit should not extend materially beyond the duration of the war. At the close of the hearing the Board in private session on December 291, 1944, gave consideration to the subject of the petition and voted unanimpusly 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 Lexington Zoning By-law, 4. That owing to conditions expecially 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 hereby unan- imously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit H. C. Denham to maintain and have operated on the premises at 9 Muzzey Street, Lexington, a blacksmith shop used principally for the fabrication of specialty articles made from horseshoes, subject to the following conditions; That there shall be no structural changes or enlargement of the premises; that there shall be no change in the general type of business conducted; that the equipment used shall be that commonly found in blacksmith shops; and a drill press and small grinder; that there shall be no storage or use of in- flammable materials; that there shall be no noise that would be more disturbing to the neighbors than that which ordinarily occurs from a blacksmith shop; that the premises shall be kept in a neat and orderly condition. The Board hereby makes a detailed record of all its pro- 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 immediately following this decision shall be filed in the office of the Town Clerk of Lexington, and shall be open to public inspection and 161 • that the notice of this 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. Bowker Thomas G. Lynah Lester T. Redman Errol H. Locke 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 certificate of mailing on the 14th day of December, 1944, to Daniel J. O'Connell, Lexington Trust Company, George E. & Helen S. Smith, Ralph H. Marshall, Albert F. & Marion P. Douglass, Gertrude R. Hadley, Henry S. Raymond, Fulton Brown, H. C. Denham, and also advertised in the Lexington Minute -Man on December 14, 1944, a notice of which the following is a true copy. Hazel J. Murray C1erk,Board of Appeals. • December 1, 1944 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, Sections 25 to 30 as amended, to determine the application of Section 9D of the Lexington Zoning By-law with respect to the premises at no. 9 Muzzey Street, owned by H, C. Denham of 8 Jackson Court, by permitting the following: To continue using this as a blacksmith shop, making articles from horseshoes. Fulton Brown 24 Arlington Street Winchester, Mass. NOTICE Lexington, Mass, December 141 1944 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by H. C.Denham, and located at 9 Muzzey Street, Lexington, the operation of a blacksmith shop for the purpose of making articles from horseshoes, under the Lexington Zoning Law or in ac- cordance with Chapter 40, Section 27A of the General Laws and amendments. 17 The hearing will be hald on December 29, 1944, at 8;00 P. M. in the Selectmen's Room, Town Office Building, Lex- ington, Mass. C. Edward Glynn Chairman, Board of Appeals Upon motion of Mr. Locke; seconded by Mr. Lynah, it was unanimously voted to grant the Daniel E. Davis petition 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 petition addressed to it by Daniel E. Davis, 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 29th 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 he wished to maintain and operate on the premises at 5 Muzzey Street, Lex- ington, a small machine shop for doing experimental work in connection with new developments of the U. S. Air Corps; that the articles made were constantly changing because the work had to do with new developments which, when perfected, were manufactured elsewhere by larger units; that much of the work was in brass and other non-ferrous metals; that the equipment ` consists of four bench lathes, milling machine, three drill presses, band sawm disking machine and small tool grinders; that thirteen men are employed in 2 shifts from 8:00 A.M. until 6:00 P. M. and from 5:00 P. M. until 1:00 A.M*; that at the time of emergencies a lesser amount of work is sometimes done on Sundays. No one appeared in opposition, but opinion was ex- pressed verbally and by letter that the permit should•be granted only for the approximate duration of the war. At the close of the hearing the Board in private session on December 29, 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 making of the exception re- quested. 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. 163 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 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 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 Lexington Zoning By-law is hereby varied so far as may be necessary to permit Daniel E. Davis to maintain an operate, on the premises -at 5 Muzzey St., Lexington, a small machine shop equipped with approximately the same type of machinery as now exists, as listed above, and to be used only for approximately the same type of work as is now being done; that such work be exclusively for use of the armed forces of the United States, subject to the following conditions; That there shall be no enlargement or structural changes of the property; that the number of people employed shall not increase materially from the thirteen now employed; that there shall be no inflammable materials used or stored on the premises; that the premises shall be kept in a neat and orderly condition; that this permit shall continue only to a period six months after the termination of organized hostilities in the present conflict. The Board hereby makes a detailed record of all its pro- 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 directors 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 (Acting under the Lexington Zoning By-law and General Laws) C. Edward Glynn Winthrop H. Bowker Thomas G. Lynah Lester T. Redman Errol H. Locke I, Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 14th day of December, 1944, to Daniel J. O'Connell, Lex- ington Trust Company, George E. & Helen R. Smith, Ralph H. Marshall, Albert F. & Marion P. Douglass, Gertrude R. Hadley, Henry L. Raymond, Daniel E. Davis and also advertised in the Lexington Minute -Man on December 14, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals December 11, 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 application of Section 9D of the Lexington Zoning By-law with respect to the premises at 5 Muzzey Street, owned by Daniel E. Davis of Lexington, by permitting the following: A small machine shop doing light manufacturing on experimental work for the United States Government. N O T I C E Daniel E. Davis 8 Plainfield Street Lexington 73, Mass. Lexington, Mass, December 14, 1944 The Board of Appeaks will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Daniel E. Davis, and located at 5 Muzzey Street, Lexington, the operation of a machine shop for light manufacturing of experimental work for the United States Government, under the Lexington Zoning Laws or in accordance w ith Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on December 29, 1944, at 8:10 P. Me in the Selectments,Rooms Town Office Building Lex - ington, Mass. , C. Edward Glynn Chairman, Board of Appeals • 0 0 Mr. Locke retired at 9;00 P. M. Hearing was declared open upon the application of B. Gleason, 45 North Hancock street, Lexington, for permission to convert a single car garage into a two car garage, which will not have the required distance fromthe lot line. No persons appeared in favor or in opposition. The Clerk telephoned the petitioner and was advised that she is moving from Lexington and, therefore, no longer interested in the proposed change. The application was declared dismissed. The records of the meeting held on December 8, 1944, were declared approved. The meeting adjourned at 9;30 P. M. A true record, Attest; • 0 165