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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. 226 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. 00 'J D 1 1 1 1 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 227 228 coo 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. 1 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; 1 Clerk, Board of Appeals. 229