Loading...
HomeMy WebLinkAbout1929-10-04Ald t • 1. M.Stevenson hearing. BOARD OF APPEALS MEETING - OCTOBER 4, 1929. A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building at 8 P.M. Messrs. A. N. Maddison, Chairman, Roland W. Baldrey, Clerk, C. Edward Glynn and T. A. Custance were present. Helen C. Whittemore was also present. Mr. Matthew Stevenson appeared on behalf of Mrs. Minnie B. Stevenson. Mr. Stevenson informed the Board that through an arrangement with the Bank he was able to secure a five foot strip of land from property purchased from him by Richard J. Spencer, making his lot with a frontage of 70' and a depth of 102'. This brought his lot line within 3' of the barn on the Spencer property. He also endeavored to purchase some land from Dr. Henry C. Valentine, but Dr. Valentine would not sell inasmuch as he desires the lot to build a home upon for his son. Mr. Stevenson stated that the house was to be set upon the lot with a 30' set back, that being 10' more than required in the Zoning Law, and that the house would be probably at least 30' from the barn. He was to place his driveway between the barn and his own house. It appeared also that the barn was closer than 3' to the other lot line parallel with Vine Brook Road. Mr. Stevenson stated that he intended to build a garage on his premises. No objectors were present. After hearing the evidence presented. by Mr. Stevenson on behalf of Minnie B. Stevenson it was "Voted to vary the Zoning Law by granting permission to Minnie B. Stevenson to use lot #4 on Vine Brook Roadto erect a dwelling thereon, provided said lot has a frontage of not less than 70' and an area of not less than 7000' and the house be set back not less than 30' from the line of Vine Brook Road." All members of the Board being present and voting in favor, signed the following order: The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Minnie B. Stevenson, 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 affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington Times - Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room in the Town Office Building on Friday, the fourth day of October 1929 at eight o'clock P:M. All five members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence 1 was offered on behalf of the petitioner tending to show that she is unable to secure land which will make her lot more than seventy (70) feet in frontage and approximately seven thousand (7000) feet in area. No evidende was offered on behalf of citizens opposing the granting of the said petition. At the close of the hearing the Board in private session 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 requested. 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 the enforcement of the Lexington Zoning By-law as to.the locus in question would involve practical difficulty and unnecessary hardship end the relief requested may be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Minnie B. Stevenson of Lexington to erect a dwelling on her lot, #4 Vine Brook Road, provided said lot has a frontage of not less than seventy (70) feet and an area of not less than seven thousand (7000) feet and the house be set back not less than thirty (30) feet from the line of Vine Brook Road, and instructs the Inspector:of Buildings of Lexington to grant a permit therefor. 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 ere 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 public inspectim and that notice of this decision shall be mailed forthwith to each Harty in interest. Board of Appeals of Lexington (Appointed under'G.L. Ch. 40,Sec. 27) Arthur N: Maddison Roland w. Bald.re+y Theodore A. Custance C. Edward Glynn Curlys Slocum. I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed'under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on September 19, 1929 to Mrs. Minnie B. Stevenson, Perley C. Tibbetts, Margaret M. Gallagher,Joseph J. Hurley, Thatcher Jenney, Benjamin F. & Mildred P. Groot, Lexington Real Estate Trust, Robert L. Ryder, Tr.,Beatrice F. Morse, Antoninette Gardner, Charles Ryder, James J. & Lucy D. Walsh, Blancher l�s�r}, m, T �, Valentine,Anne F. Rudd., Dr. Henr a e i+_ a Hutchinson, Alice M. Mc Carthy, Ger rude E. Mitchell, Anstiss S. Hunt et al, Ellen E. Locke, Emma J. Clow, Emily Franks, Charles H..Franks et al, Bridget Leary, Sarah E. Comley et al, Freda R. & Minnie'C. Bond, George W. & Florence M. Sargent, James F. 0/Halloran, Heirs of, Sebastiano Nicol, harry M. Aldrich, and also published in the Lexington Times- Minute Man on September 20, 1929 a notice of which the following is a true copy. Roland 7. Baldrey. Clerk. Board of Appeals Town of Lexington Massachusetts Gentlemen: I wish to make a new application for another hearing of my case. Through the -courtesy of the Savings Bank they have given Mr. Spencer permission to sell five feet more land which is all that I can possibly get which will cost me double what it is really worth. If this hearing is granted I will comply with the regulation fee to cover expense, etc. Yours truly, M. Stevenson, acting for Minnie Stevenson. NOTICE Lexington, Mass. Sept. 18, 1929. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of lot owned by Minnie B. Stevenson of Lexington, for a dwelling, in accordance with Section 6 and Section 9 of the Zoning Law of the Town of Lexington and Chapter 133 of the Acts of 1924. C7 The hearing will be held October 4, 1929 at 8 P.M. at the Selectmen's Room, Town Office Building. Roland W. Baldrey Clerk, Board of Appeals. Application was received from Anthony Ross & Son by Charles H. Schofield .& Co. appealing from the decision of the Building Inspector for refusal of permission to erect a one story building to be used as a storage place for contractors equipment on lot located on Lake Street, as shown on plan recorded in South Middlesex Registry of Deeds under certificate of Registered Title #23535 Book 159, page 273 and containing 14,697 square feet. The Board after viewing the Zoning By-law, voted to send a letter to the applicant advising him that the Board of Appeals lacks the authority to grant a hearing on the aprlication, inasmuch as this use is not permitted in an R.2 district. The meeting adjourned at 8:40 P.M. A true record, attest: A. Ross & Son appli. Clerk.