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Home My WebLink About1945-03-23BOARD OF APPEALS MEETING March 28, 1945 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday evening, March 2319 1945, at 8;00 P. M. Chairman Glynn, Messrs. Bowker, Locke and Associate Members Lynah and Redman were present. The Clerk was also present. The meeting was held to consider further the application of Rufus Cromwell & Company for permission to operate, on the premises located at 177 Bedford Street, Lexington, a plant for the cold drawing and annealing of small metal tubing. The Chairman read the conditions upon which a permit was originally granted to the Misticke Company, owners of the property, who applied for a permit to conduct light manufacturing in 1937. The Chairman made a telephone call to Mr. S. R. VVrightington Town Counsel for advice as to the restrictions which should be incorporated in the permit if granted. Mr. Wrightington, how- ever, was indisposed. Upon motion of Mr. Locke, seconded by Mr. Bowker, it was unanimously voted to grant the petition of the Rufus Crowell & Company, subject to Mr. Wrightingtonts approval of the proposed restrictions. BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General liats, Chapter 40, Sections 25 to 30 as, amended, having received a written petition addressed to it by Rufus Crowell & Company a copy of which is hereto annexed held a public hearing thereon of which a 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 Torn Office Building on the sixteenth day of March, 1945, Three regular and two Associate 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 they wished to operate on the premises located at 177 Bedford Street, Lexington, a plant for the cold drawing and annealing of small metal tubing; that the processes consisted of annealing in small furnaces cold drawing the tubing from stock one and'one-quarter inches in diameter to smaller sizes over drawing benches about thibrty feet in length, and when the desired sizes had been obtained, to cut the tubing into shorter • lengths by abrasive or other weans; that the means of .doing this was largely by hand work and practically noiseless machinery; that the stock comes to them from the mill in car load lots which consist of tubing one and one-quarter inches in diameter and is shipped out in relatively small packages; that the volume averages to consume about a car load of tubing in two months or mote; that approximately twenty people would be the maximum number employed. No one appeared in opposition of the granting of the permit. At the close of the hearing the Board in private session March 23, 1945, 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 will be in harmony with thegeneral 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 provisions of the Lexington Zoning By-law as to the locus in question would in- volve substantial'hardship to t he'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 the partner- ship bf Rufus Crowell & Company to use the building located on the premises at 177 Bedford Street, Lexington, Mass., for the annealing and cold drawing of metal tubing, and the storage of materials necessary therefore by processes free from neigh- borhood distrubing odors or agencies, subject to the following conditions; That this permit shall apply only to the partnership of Rufus Crowell & Company, and it shall apply only to the present building on the premises at 177 Bedford Street, Lexington. Only electric power shall be used and this not produced on the premises. The machinery shall consist of that used on the draw benches and cutters necessary for making the tubing in required lengths, and small furnaces for annealing. The size of tubing used shall not be substantially in excess of one and one-quarter inches in diameter before drawing. There shall be no dames or odors generated on the premises which would be offensive to the neighborhood. There shall be no storage on the premises outside the building. There shall be no additions made to the existing building. The building shall be kept in good repair. There . shall be no dumping of refuse on the land, and the premises shall be kept neat and clean. There shall be no signs dis- played other than small signs necessary for directional purposes. If, after notice and hearing, the Board of Appeals shall determine that the said business is objectiobable, Rufus Crowell & Company, on written notice to cease doing said business setting forth the reasons for its decision, will ease and desist from conducting the said business on the said premises. If, after notice and hearing, the Board of Appeals shall determine that said building or premises are being used contrary to this permit, the said non -conforming use shall be stopped by Rufus Crowell & Company.. on written notice to cease and desist from the said.non-conforming shall be described. Rufus Crowell & Company by use of the said building pursuant to this permit shall be deemed to agree that, on notice as afore- said, they will cease said business and cease and desist from said non -conforming use as the.case may be, that no proceedings of any sort other than hereinabove mentioned to enforce said notice to cease and desist shall be necessary and that Rufus Crowell & Company will not request action by the Town seeking a variation in the Zoning By-law to permit in this building the conduct of the said business found to be objectionable or such non -conforming use to be carried on, 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 followinv 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. Bowker '.ester T. Redman Errol H. Locke Thomas G. Lynah 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 o2i the 1st day of March, 1945, to Rufus Crowell & Company, Fulton Brown, Abbie W. Fuller, Warren E.W hite, Marion W. Parks, Ruth E. Swanson, Felix Viano, Middlesex & Boston Street Railway, Joseph E. & Carolyn Mealey, Misticke Co., Alfred P. Tropenno, Ernest A. & Helen Calabro, Mary H. Gorman, Earl R. & Ianthe Empey, and also advertised in the Lexington Minute -Man on March 1, 1945, a notice of which the following is a true copy. Hazel J. Murray • Clerk, Board of Appeals N 0 T I C E Lexington, Mass. March 1, 1945 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 Misticke Co. and located at 177 Bedford Street, Lexington, the manufacture of small metal tubing, 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 March 16, 1945, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. C, Edward Glynn Chairman, Board of Appeals February 8, 1945 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Oentlemen: The undersigned herebypetition the Lexington Board of Appeals, appointed under General Laws,.Chapter 40, Sections 25 to 30 as amended, to determine the application of section of the Lexington Zoning By-law withiespect to the premises at No. 177 Bedford Street, Lexington, Mass., by permitting the following: Manufacture of small metal tubing. Rufus Crowell & Company Donald G. Crowell 188 Gore Street Cambridge, Mass. The meeting adjourned at 9:15 P. M. A. true record, Attest: le k, and of App als • �.J 0