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1938-09-09
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1938-09-09
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Zoning Board of Appeals
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Zoning Board of Appeals
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BA-1 to BA-12, Board of Appeals Minutes, 1929-1985
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219 <br />One Associate and four members of the Board of Appeals <br />were present at the hearing. A certificate of notice is <br />hereto annexed. At this hearing evidence was offered on <br />behalf of the petitioner tending to show: That he had <br />owned the original house for some twenty years and had <br />added to the same; that it had been used up to about five <br />years ago as a two family house; that the old portion of <br />the house was in bad condition, and he intended to remove <br />that portion containing about eight rooms and construct six <br />rooms in place thereof; and inasmuch as there had been a <br />lapse in using the house for two families, and as he desired' <br />to make the above changes, he had petitioned the Board as <br />set forth in his petition. <br />A letter from a neighbor was read objecting to any change <br />in the zone, and to a double-decker building. <br />At the close of the hearing the Board in private session <br />on September 9, 1938, gave consideration to the subject of <br />the petition and voted unanimously in favor of the following <br />findings: <br />1. That in its judgment the public convenience and <br />welfare will be substantially served by the making of the <br />exception requested. <br />2. That the exception requested will not tend to impair <br />the status of the neighborhood. <br />3. That the exception requested will be in harmony with <br />the general purposes and intent of the regulations in the Lex- <br />ington Zoning By-law. <br />4. That owing to conditions especially affecting the <br />said parcel but not affecting generally the Zoning district <br />in which it is located, a literal enforcement of the prov- <br />isions of the Lexington Zoning By-law as to the locus in <br />question would involve substantial hardship to the petitioner <br />and that desirable relief may be granted without substantially <br />derogating from the intent or purpose of such Lexington Zoning <br />By-law. <br />Pursuant to the said findings, the Board hereby unanimously <br />decides that the application of the said Lexington Zoning By - <br />Law is hereby varied so far as may be necessary to permit <br />Gustaf Nottebart to use the house at 331 Concord Avenue after <br />it is remodelled for two families, upon the following conditions: <br />That the exterior appearance of the Concord Avenue front of <br />the house shall not be changed except as to the height of the <br />same and the removal of the present "ell"; <br />That the reconstructed portion of the house shall be on the <br />same foundations as at present exists; <br />That the reconstruction shall be completed on or before 9/1/39. <br />
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