HomeMy WebLinkAbout1946-05-174600
BOARD OF APPEALS MEETING
May 7 1, 94 1 6 '
A meeting of the Board of Appeals was held in the Select-
men's Room, Town Office Building on Friday evening, May 172 1946
at 8:00 p.m. Messrs. Brown, Redman, Associate Members Ballard,
Lynah and Rich were present. The Clerk was also present. Mr.
Brown served as Chairman.
At 8:00 p.m. hearing was declared open upon the application
of Richard P. Cassidy for permission to maintain a carpenter shop on
the premises located at 16 Curve Street, Lexington.
Mr. Cassidy was the only person present at the hearing.
Notice of the hearing was read by Mr. Redman.
Mr. Cassidy said that Melville 'Webb, a carpenter and his
brother Ted Webb, a plumber, would like to use the second floor
of the garage for a carpenter shop where they intend to make
screens.
The Chairman asked if Mr. Cassidy intended to rent the-baild-
ing and he replied in the affirmative.
The Chairman asked if they would rent only the upstairs section
of the building and Mr. Cassidy said that they would rent the up-
stairs and would garage their truck downstairs, underneath the
carpenter shop.
The Chairman stated that the building is located in a resident- '
ial area where there are single and double houses and Mr. Cassidy
agreed that such was the condition.
The Chairman inquired as to the size of the shop and Mr.
Cassidy said that it is about 24' x 361.
The Chairman asked if there would be any machinei4 used and Mr.
Cassidy said that there would be a band saw for making screens.
The Chairman asked if the building had been used as a
carpenter shop before and Mr. Cassidy said that a Mr. Kew used to
operate a carpenter shop and he had a band saw and two or three
power •saws .
The Chairman asked if there would be any lumber stored on
the premises or in the building and Mr. Cassidy said thUt there
would only be small screen stock.
The Chairman asked how near the garage is to Mr. Cassidy+s
house and he said that there is approximately 12+ be#ween the
garage.
Mr. Rich asked how near the garage is to other properties and
Mr. Cassidy said that the nearest house is directly across the
Street.
Mr. Rich asked if there would be any plumbing work done and
Mr. Cassidy replied in the negative.
Mr. Lynah asked if the upper story is constructed of wood
and Mr. Cassidy replied that the building is all wood.
1
9
' Mr. Lynah asked if there would be any storage of gasoline
or mil and Mr. Cassidy replied in the negative.
Mr. Lynah asked if there would be any combustible materials
in connection with the plumbing and Mr. Cassidy said that there
might be a blow torch. He said tha t the shop would be used
entirely for equipment.
The Chairman asked if there would be any alterations to
the building and Mr. Cassidy replied in the negative. He said
that they did intend to have a separate water meter.
Mr. Ballard asked how the shop would be heated in winter and
Mr. Cassidy said that it never had been heated.
Mr. Ballard asked if there was an outside stali-way and Mr.
Cassidy said that there had been one but it was torn down and one
would have to be built.
The hearing was declared closed at 8:15 p.m.
The Board considered the application at length and decided
that the Board of Appeals did not have the authority to grant the
�emit inasmuch as the requested uses are permissable only in
usiness areas and also that it appears that the request cannot be
considered as under a continuing use; the property having been vacated
for some time. The Clerk was instructed to so advise the petitioner.
At 9:00 p.m. hearing was declared open upon the application of
Evelyn G. Mawhinney for permission to construct an automobile sales-
room 30' x 30' on her property located at 581 Marrett Road, Lexington.
' Mr. and Mrs. Mawhinney, Mr. and Mrs. George W. Sarano, Mr, Thomas
Heaney and one other person were present at the hearing.
Notice of the hearing was read by Mr. Ballard.
Mr. Mawhinney said that he proposed to construct a showroom
30' x 39* to run in the same line as the present building on land
which he believed to be zoned for business. He said that the build-
ing at the present time is 50' x 60' and presented a sketch showing
what he intends to do. He said that he would lite to add 30' for
a three car showroom.
The Chairman asked how far the building is set back from the
line and Mr. Mawhinney said that he has a 40' setback.
The Chairman inquired about the frontage and Mr. Mawhinney said
that there is 150' frontage and at least 30' on either side.
The Chairman asked what type construction would be used and
Mr. Mawhinney said that it would be cement blocks with stucco front.
The Chairman asked if there would be any signs and Mr. Mawhinney
said that he would have one electric sign about; 9► in length:
The Chairman asked if the driveway would be cement and Mr.
Mawhinney said that it would be black top.
The Chairman asked if there would be sufficient room for
parking cars and Mr. Mawhinney said that he would have 40' in front.
Mr. Redman asked if the addition were fes display purposes and
Mr. Mawhinney replied in the affirmative. He said that he must have
the showroom to hold his franchise.
The Chairman asked what hours the showroom would be open and
Mr. Mawhinney said that he would operate the business himself and
it would be open from 8;00 a.m. until 7:30 p.m. He said that it '
would not be open on Sundays.
Mr. Lynah asked who owned the property. Mr. Mawhinney said
that his wife, Evelyn G. Mawhinney was the owner.
Mr. Lynah asked when she became the owner and Mr. Mawhinney
said on November 25, 1945•
Mr. George W . Sarano, 315 Lincoln Street said that he has
lived in this neighborhood for twenty-two years and up until the
time the garage was taken over by Mr. Mawhinney it wqs a nuisance
to the neighborhood. He said that since Mr. Mawhinney has owned it,
the place has been a credit to the neighborhood. He said that he
believed Mr. Mawhinney should be encouraged and he wished to be
recorded in favor of granting the petition.
Mr. Thomas Heaney said that he has seen conditions of this
property in the past and from what he can see now, he thought there
was no reason that a legitimate business should be discourgged.
He said that he desired to be recorded in favor of granting the
petition.
Mrs. George W. Sarano said that she wished to be recorded
in favor of granting'the petition.
No persons appeared in opposition.
The hearing was declared closed at 9:13 p.m.
Upon motion of Mr. Redman, seconded by Mr. Lynah, it was
unanimously voted to grant the petition in the following form:
BOARD OF APPEALS PE RMI T
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 addtessed to it by
Evelyn G. Mawhinney 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 affect-
ed thereby as they appear on the most recent local tax list and
also advertised in the Lexington rlinute-Man, a newspaper published
in Lexington, which hearing was held in the Selectmen's Room, in
the Town Office Building on the seventeenth day of May, 1946.
Two regular and three 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 tanding to show: That Evelyn G.
Mawhinney wished permission to construct an automobile sales-
room 300 x 30' on her property located at 581 Marrett Road,
Lexington; that the bUilding is to be cement blocks with stucco
front; that this construction will be an addition to the existing
building, 50' x 601; that the building is to be located with a
setback of 40' from the street line; that she wished to have
a sign 9' in length on the front of the building; that the
automobile salesroom will be operated by Mr. Mawhinney from
8:00 a.m. until 7:30 P.m. daily except Sundays, when the business
49S
'
would be closed; that there will be a black top surface in'froht
of the building for parking purposes. The petitioner submitted
a drawing of the front of the proposed automobile salesroom.
Three people appeared in favor of granting the petition.
No one appeared in oppositi6n.
At the close of the hearing the Board in private session
on May 17, 1946 gave consideration to the s ubjectjof 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
requested.
2. That the exception requested will not tend to imp$ir
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 libbral 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 substanitally 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 amy be necessary to permit Evelyn G.
Mawhinney to construct an automobile salesroom 301 x 30, at 581
Marrett Road, Lexington with the following restrictions:
1.) That the surroundings shall be kept in a neat and orderly
condition at all times. 2.) That the proposed building shall
be used only for the purpose of displaying and selling automobiles.
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 publicAnspection
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.)
50
J. Milton Brown
Thomas G. Lynah
Lester T. Redman
John F. Rich
Walter C. Ballard
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
2nd day of May, 1946, to Kaistutis & Margaret G. Balchumas, Harry
F. & Dorothy F. Conrad, June & Helen M. Chelland, Weley B. &
Mary A. Etheridge, Augusta C. Holm, Leora &'°Barbara E. Lydiard,
Richard J. & Catherine B. Devanna, William J. & Janet M. Buckley,
John D. & Flossie S. Campbell, Theodore R. Mottola, Sylvia H.
Akdr, Johanna Hultman, LGeorge R. & Ethel M. Mitchell, Irene F.
Webb, Stanley N. White, George W. & Helen B. Saran , Marie A. &
Charles H. Miller, Mary A. Fitts, Thomas J. & Jennie Heaney,
Gordon H. & Alice L. Osgood, Robert P. Trask, Franklin M. &
Helen E.. Balduf, William Cann, Robert D. Mawhinney, and Evelyn
G. Mawhinney, and also advertised in the Lexington Minute -Man
on May 2, 1946, a notice of which the following is a true copy.
Hazel J. Murry
Clerk, goa'rd 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 By-law upon p6tition of
Evelyn G. Mawhinney for permission to construct an automobile
sales room.30' x 30' at 581 Marrett Road, Lexington, under the
Lexington Zoning By-law or in accordance with Chapter 40,
Sections 25 to 30 is amended.
The hearing will be held in the Selectmen's Room, Town
Office Building oft Friday evening, May 17, 1946 at 9:00 p.m.
WINTHROP H. BOWKER
Chairman, Board of Appeals
April 29, 1946
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts
Gentlemen:
1
1
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 of the Lexington
' Zoning By-law *ith respect to the premises at No. 581 Marrett
Road, owned by Evelyn G. Mawhinney, of Wellesley by permitting
the following: Construction of an automobile salesroom
30' x 30', plans of which have been approved by local build-
ing inspector of Lexington.
Evelyn G. Mawhinney
6 Leewood Road
Welleslgy, Massachusetts
The records of the hearing held on Friday, May 10,
1946 were declared approved with one correction.
The meeting adjourned at 9:50 p.m.
A true record, Attest:
Cl
11
�Y
a 1 J Murr
C er ,'Board of Appeals.