HomeMy WebLinkAbout1946-12-27"22
BOARD OF APPEALS MEETING
December 27, 1946
A meeting of the Board of Appeals was held in
the Selectmen's Room, Town Office Building, on
Friday evening, December 271, 1946, Mr. Bowker,
Mr. Nickerson, Mr. Locke, Mr. Redman and Associate
Member Ripley were present at the hearing. The
Clerk was also present.
At 8;00 P.M., hearing was declared open upon
the petition of Herbert V. Abbott for permission
to erect and maintain a building for the purpose
of selling farm and garden equipment at the south-
easterly corner of Waltham Street and Concord Avenue.
Notice of the hearing was read by Mr. Redman.
Four persons attended the hearing.
Mr. Behhett, affiliated with Mr. Abbott, ex-
plained that they wished to sell and service farm
machinery, garden tractors ete. They carry a line
of small mares such as grass seed and fertilizer.
Mr. Bennett said that it was not exactly a hard-
ware business, but along that line. They have large
and small tractors, lawn mowers - power and manuel.
It is really a sales and service organization along
farm lines.
Mr. Bowker asked the size of the building they
wished to construct, and Mr. Behiiett said that the
building would probably be 40 x 303, cement block
construction with glass windows in the front for
display purposes. They would meet all the require-
ments of the Lexington Building By-law, Mr. Bowker
asked about the hours and Mr. Bennett said they would
be the usual hours - 8 to 5. Mr. Bowker asked if they
intended to have flood lights and Mr. Bennett said
there was a remote possibility. He feels thatiit
would be a benefit to that section instead of detrimental.
Mr. Bowker asked if this building were to be a one
story affair, and the answer was yes.
Mr. Redman asked if this building would face
off Waltham Street or Concord Avenue. Mr. Bennett
stated that it would face on Waltham Street. Mr.
Redman asked how far back from the street they
intended to have the building. Mr. Bennett stated
that they would have to go back far enough to allow
cars to drive in for parking. One of the difficulties
they have at the present time is the parking problem,
and they feel that by coming out here, it will draw
people coming home from work. There is plenty of
room for parking. Mr. Bowker said they would have to
have a yard of 40 feet in depth from the center line
of the street in order to meet the Uning By-law.
Mr. Bennett submitted a rough sketch of the pro-
posea building to the Board of Appeals.
Mr. Locke asked about service and repair. Would
they service on the premises only what they sold?' Mr.
Bennett stated that they would service tractors they
sell as well as others. They would service vh at carnes
to them. There are very few firms such as theirs around.
It is a very limited field for this type of work.
Mr. Bowker asked what they vD uld have for repilr
equipment. Mr. Abbott answered by saying that they
probably would went a lathe and possibly a welding
outfit and air compressor. It would not be much
different from the oridinary garage. They would like
to be able to service trucks if necessary for their
' customers. They are not going tntb the automobile
business, but would like to be able to take care of
their own customers. Mr. Nickerson said that it sounded
as though they would overflow their building. Mr. Abbott
stated that the only thing they would want outside the
building would be a tractor or lawn sweeper for adver-
tising purposes.
Mr. Ripley asked if they would have more than one
full-time mechanic. Mr. Abbott answered no for the time
being, but they would like to have more than one later
on.
Mr. Locke asked about the selling of gasoline.
Mr. Abbott said that that was not in their program.
Mr. Steeves, also associated with Mr. Abbott, said
that he would like to answer Mr. Nickerson's question
about the overflow of the building. He does not believe
that there will be an overflow, and they intend to keep
their premises looking well.
Mr. Bennett stated that they would not want a permit
issued on the basis that old trucks could be on the premises
only a limited time. They have looked at the place across
the street and do not want theirs to look like it.
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Mrs. Clarke, Real Estate Agent, stated that she
had had several offers on that piece of property.
She has sold most of the property in that location
and it would not be advisable for her to sell to any-
one who whould be objectionable. She is trying to keep
Lexington nice and feels that Mr. Abbott and Mr.
Bennett are the kind of people we want here.
The hearing was declared closed at 8;20 P.M.
The Board considered the application of Herbert
V. Abbottt Upon motion of Mr. Redman, seconded by Mr.
Nickerson, it was unanimously voted that the appli-
cation of Herbert V. Abbott be granted in the follow-
ing form;
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington
Zoning By -Law and General Laws, Chapter 40, Sections
28 to 30A as amended, having received a written
petition addressed to it by Herbert V. Abbott a copy
of which is hereto annexed, held a public hearing there-
on 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 Selectmenfs Room, in the Town Office Build-
ing on the twenty-seventh day of December, 1946.
Four regular and one associate member 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 erect and maintain a build-
ing for the purpose of selling farm and garden equip-
ment at the southeasterly corner of Waltham Street and
Concord Avenue on property owned by Warren Be Lawrence
Bf Pittsfield, Massachusetts. The petitioner also
stated that he wished to have permission to repair
farm equipment, and in some instances, automobile
equipment of his customers. The petitioner stated
that the building would be erected in accordance with
the Lexington Building By-laws, and with the necessary
setbacks required under the Lexington Zoning By-law.
He stated that the building would be of cement block
construction, one story in height, and would have a floor
area of approximately 30 x 40 feet. He also stated
that he expected to have an illuminated sign advertising
the business. No-one appeared -in opposition to the
granting of the petition.
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At the close of the hearing
session on December 27, 1946 gave
subject of the petition and voted
the following findings
1. That in its judgment the
and welfare will be substantially
of the exception requested.
the Board in pr&vate
consideration to the
unanimously in favor of
public convenience
served by the making
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 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 Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit Herbert V. Abbott to erect and maintain a build-
ing for the purpose of,selling farm and garden equipment
at the southeasterly corner of Waltham Street and Concord
Avenue, and also to permit the servicing of farm and
truck equipment for customers only. This permit is
granted subject to the following restrictions; (1)
That the premises be kept in a neat and orderly condition
at all times. (2) That there shall be no' -storage of equip-
ment being repaired for undue periods outside the building,
and that no old or discarded equipment shall be stored
there.indefinitely. (3) That parking facilities shall
be provided for customers and employees, and this parking
shall be restricted to the C-1 Zone. (4) That the build-
ing and all signs shall .conform with the Laws of the Town
of Lexington.
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 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
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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)
/s/ Wimthrop H. Bowker
Errol H. Locke
Aiden L. Ripley
D. E. Nickerson
Lester T. Redman
I, Virginia Be Tarbell, 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 twelfth day
of December 1946 to Herbert V. Abbott, Walter C.
Thompson, Antonio J. Lima, Isabella Fardy, Robert
R. & Marjorie E. Townsend, Mary R. Lawrence, Henry
T. & Lillian Chiasson, Mae G. Bowie, Anthony J.
Frasoa, Reginald Buckler, Salvatore Ricci, Edith L.
Short, Dominique & Anna Gaudet, John A. Sellars Dairy,
Inc., Ernest Degincent, Gustaf Nottebeart, Leo Be
Ballou, William & Ruth R. Greer, William H. & Margaret
D. Austin, Robert L. Goinsalvos, James, Bertha Frank
Jr., & Mary Dias, John Dias, Jr., Alton J. & Virginia
W. Wallace, Bernhard E. & Ida Turnquist, Roland E. &
Genevieve M. Goinsalvos, Ethel L. & John F. Daly,
Harold P. Symons, and also advertised in the Lexington
Minute -Man an December 12, 1946, a notice of which the
following is a true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals.
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N 0 T I C E
December 12, 1946
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning By-law upon the
petition of Herbert V. Abbott for permission to erect and
maintain a building ofr the purpose of selling farm and
garden equipment at the southeasterly corner of Waltham
Street and concord Avenue on property owned by Warren B.
Lawrence of Pittsfied, Massachusetts, under the Lexington
Zoning By-law and in accordance with General Laws, Chapter
40, Sections 25 to 30A as amended.
The hearing will be held on December 27, 19460 at
8;00 P.M. in the Selectments Room, Town Office Building,
Lexington, Mass.
WINTHROP H. BOWKER
Chairman, Board of Appeals.
December 10, 1946
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 6E of the Lexington Zoning By-law with respect
to the premises at the southeasterly corner of Waltham
Street and Concord Avenue, owned by Warren B. Lawrence of
Pittsfield, Massachusetts by permitting the following;
To erect and maintain a building for the purpose of selling
farm and garden equipment.
Herbert V. Abbott
283 Lake Street
Arlington, Mass.
The meeting adjourned at 9;00 P.M.
A true record, Attest;
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Clerk, Board of Appeals.
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