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HomeMy WebLinkAbout1938-12-30243 BOARD OP APPEALS MEETING DECEMBER 30, 1938. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. Y. Messrs. Glynn, Locke, Robbins, Ferguson and Kimball were present. The Secretary was also present. In the absence of Ir. I;laddison, Yr. Glynn was elected Chairman Pro -tem. At 8;00 P. M. hearing was declared open on the application of Eaurice P. Ahern and Bertha V. Pichette for permission to alter the one family dwelling at 61 Woburn Street into a two family dwelling. Notice of the hearing was read by Clerk Robbins. Mr. John L. Pichette appeared in favor of the granting of the petition. Re stated that this was an eight room house and when they went to rent it, six of the eight applicants were going to have two families living together, so the owners decided it would be better to have a two family house and deal with each family individually. Since they started this petition, they have had eight more applicants for the apartments. 'Phe house is 24 x 28. Mr. Pichette presented plans, and stated that the owners proposed to put in a side door which would give a separate entrance for upstairs and to put in a back door to allow for a separate entrance for the downstairs flat. There would be no additions to the exterior, but a bath would be installed. The Chairman pro -tem asked what the heating system would be, and Mr. Pichette said it would be steam with two separate units. Yr. Kimball asked if it was a full two story house and Pichette replied that there were one and a half stories. The Chairman pro -tem asked if the house was rented now, and he replied that it had been vacant for two months. The Chairman pro -tem asked if they found the house in its present status too big and he replied in the affirmative. Mr. Kimball asked Pichette if he did not think this was a very small house to accomodate two families and he replied in the negative. The Chairman pro -tem asked if there were any other two-family houses in the neighborhood, and Mr. Pichette said that there were some across the street. Fie stated further that the house in question was in a two-family district. No other persons appeared in favor or in opposition to the granting of the petition. Mr. Pichette retired at 8:08 P. Y. At 8:15 P. Y. hearing was declared open on the application of Bion C. and Florence K. Merry, t by e, for permission to alter the one family house at 21 Muzzey Street to accomodate more than one family. "ihe notice of the hearing was read by Clerk Robbins. 244 Mr. Franklin R. Coleman appeared for the petitioner. Mr. Coleman said that the house was the fourth one from Mass. Ave. on the right hand sideof the street and was probably fifty years old. It is in poor condition inside and it would cost almost as much to fix it over as it would to alter it to accomodate two families. It was planned to change the front door and to put in a new side door which would take care of the rear entrance for the upstairs apartment. There would be a chimney placed on the outside, also. There would be no outside changes on the second floor and the only change in the third story would be dormer windows. There are fourteen houses on Muzzey Street, eight of which are two-family houses. Originally this was a two-family zone and a few years ago, it was changed into an R.1 district. The Chairman pro -tem asked how many rooms there were now. Mr. Coleman said there were eight and there would be nine when it was changed over. He said a bath would be installed and an upstairs kitchen would be made out of a bedroom. Several of the neighbors were present at the hearing. Mrs. Charles Beaudry asked how much distance there was between the house and the line where the door was going. 1Ir. Coleman said there would be about six feet. Mrs. Beaudry wondered what would happen if there was not room enough. Mr. Coleman said that if there was serious objection to the back door, they would submit an alternate plan. Mrs. Beaudry asked what effect this would have on the valuation of her property and the Chairman pro -tem said that that was something the Board could not answer. Mrs. Beaudry asked if the Board approved changing the Zoning Laws, and the Chairman pro -tem stated that this was not a change in the Zoning Laws but was a variation of the Zoning Laws and was provided for in the Zoning Laws. LIrs. Carl B. Tarbell thought that this alteration might depreciate the value of her property and might affect the sale price if they wished to dispose of it. Mrs. Tarbell said that she understood Mr. Merry did not intend to keep the property and she did not know what would happen it if were sold. Mr. Coleman said that Ir. Merry had been trying to sell the property for one and a half years, but had been unable to do so and was very much in need of funds. Mr. Henry W. Robertson of 4 Raymond Street said that when Miss Dacey changed her house over, the neighbors realized that the family would change it over so that it would be a benefit to the street and said that the people who bought this house might not be in a position to fix it over so that it would be an improvement to the neighborhood. Mrs. Beaudry said that this house was next to her property and she merely wanted to protedt her own interests, but if the house was going to be repaired and put into excellent condition, she would not have Very much chance to CZ M1 f 1 245 object. The Chairman pro -tem asked if there were any agreements on the sale of the property and Mr. Coleman replied in the negative. Irir. Tarbell said that he did not believe anyone owning property such as he did would want a two family house across the street. He said he objected to the granting of the petition. The hearing was declared closed at 8:35 P. M. and the group retired. It was decided to hold over the petition of Vincent N. Bellizia for a few months. Mr. W. S. Caouette appeared before the Board relative to the O'Connell petition forpermission to maintain a theatre. he submitted some plans of the proposed building. He said that as far as the immediate plot was concerned, there was no room for parking on it. The present plans provided for the removal of the Childs building and there would be 12 or 14 feet left open on Mass. Avenue. He thought this would be a desirable development of the plot as it would eliminate the old grain mill. Mr. Ferguson asked if there would be any provision for parking, and Mr. Caouette said that there would not on the present lot but if parking facilities were insisted upon and O'Connell went so far as to say he would provide them, it would be necessary to purchase the Rubin & Seligman property and the owners are asking an exorbitant price for it. Mr. Ferguson asked how much parking space would be available there and Caouette said he thought the plot would accomodate probably fifty cars. He retired. No action was taken on the O'Connell petition. The Board considered the petition of Ahern and Pichette and noted that the apklicant claimed that this house was located in an R. 2 zone. The Board, in considering the application did not consider it to be a variance of the Zoning Law because the residence is situated in an R. 2 or two- family residenze zone, the necessity for it being passed upon by the Board being due to the wording of Section 9C of the Zoning Law. Upon motion of Mr. Ferguson, seconded by I'r. Kimball, it was voted that the application be granted in the following form: 246 BOARD) OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition. addressed to it by Maurice r. Ahern & Bertha V. Pichette 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 Minute -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 30th day of December, 1938. One Associate and four 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 tending to show: That they wished to convert the single-family residence at 61 Woburn Street, Lexington, into a two family resi- dence, one apartment to be on each floor; That the house after re -modelling would contain four rooms with bath on the ground floor and three rooms with bath on the second floor; That there would be no change in the outward appearance of the house with the exception of the addition of two doorways. No one appeared in opposition. At the close of the hearing the Board in private session on December 30, 1938 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 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 pro- visions 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 substantially 1 1 247 derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Maurice P. Ahern and Bertha V. Pichette to alter the single-family residence located at 61 Woburn Street, Lexington, into a two family residence, in accordance with plans submitted with the application, upon the condition that the work is to be completed prior to July 1, 1939. 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 here- inbefore 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 a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch. 40, sec.27) ERROL H. LCCKE EDWARD W. KIMBALL CHARLES E. FERGUSON HOWARD W. ROBBINS C. EDWARD GLYNia I, Howard W. Robbins, 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 15th day of December, 1938, to Agnes F. Collins, et al, Katherine Vaughan et al, Carl F. Wallin et al, Mary A. McCann and Margaret McCann, Robert J. Shannon, Cornelius Lyons, Eliza A. Silva, Carmelo Galvagno, Annie Sullivan et al, Annie G. Ahern, Ivar Ivarson, Sebastiano Colontropo, Philip P. Leaf, Nora M. and Stephen Donnellan, Anstiss S. Hunt et al, Daniel J. O'Connell, Delia V. Mulvey, Mary C. Kelley, Charles J. and Mary C. Ray, Susan Doherty, Andrew Pewtherer, Leslie Spencer, Daniel Valley, Peter and Martin Semonian, John T. McDonough, et al, John W. Keeley, Thomas Quinlan, Frank Mary Picciani, I».anuel P. Moniz, Frank H. Tobin, Annie J., Charles A., James D. Manley, Margaret Gaffney and Maurice P. Ahern and Bertha V. Pichette, and also advertised in the Lexington Minute -Man on December 15, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals 248 Dec. 6, 1938. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of "ppeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9(c) of the Lexington Zoning By Law with respect to the premises at No. 61 Woburn Street, owned by Maurice P. Hhernand Bertha V. Pichette of Arlington by permitting the following: Alteration of a one family dwelling into a two family dwelling. Maurice P. Ahern Bertha V. Pichette (Signature) 48 Broadway (Address) Arlington BOARD OF APPEALS NOTICE Lexington, Mass. Dec. 12, 1938. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Taw by permitting on the premises owned by Maurice P. Ahern and Bertha V. Pichette and located at 61 Aoburn Street, Lexington, the alteration of a one family dwelling into a two family dwelling, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on December 30th, 1938, at 8:00 P. J., in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The Board considered the petition of Bion C. and Florence K. Merry, and upon motion of Mr. Geruson, seconded by Pair. Kimball, it was voted that the application be denied in the following form: lexml 1 249 The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Bion D. and Florence K. Merry, t. x e, a copy of which is hereto annexed, held a public hearing tlereon 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 -.an, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on December 30, 1936. One Associate and four 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 tending to show: That it was their desire to alter the one -family residence located at 21 Muzzey Street into a two family residence, one apartment to be on eachfloor--the only outward change in the appearance of the house being a slight change in the existing front entrance and the addition on an entrance on the northeasterly side; That the premises are at present rented, but are in need of repair, and that greater revenue could be obtained for the owner by converting to two-family apartments; That there are several other two family dwellings in the vicinity, but that the houses directly abutting on the applicant's property are single-family dwellings. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: That they felt the alteration of this house into a two family residence would gradually extend the local area where two family dwellings exist, and the further encroachment on the single family residence area would depreciate the value of their property. At the close of the hearing the Board in private session on December 30, 1938 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 not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not 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 not involve practical difficulty and unnecessary hardship and the relief requested 250 may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings,the Board hereby denies the said petition of Bion C. and Florence K. Merry, t. by e, and is influenced in this decision not only by the opposition of the neighbors, but by the fact that most of the two-family residences in the vicinity are nearer to Mass. Ave., and that the conversion of this house into an additional two-family residence would further encroach upon the single-family res- idence area; also the fact that both the properties abutting on 1uzzey Street and on Raymond Street are single-family residences. BOARD OF APPEALS OF LEXINGTON -C. Edward Glynn, to E. Ferguson, Errol H. Locke, Edward W. Kimball, Howard RI dward W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 15th day of December, 1938, to Sarah E. Comley, et al, Freda R. Bunker, Emma J. "low, George H. and (.:able F. Peterson, Bridget Leary, Gertrude E. Mitchell, Diary R. O'Halloran et al, Sebastiano Nicol, :Walter C. Ballard, Laura M. Beaudry, Melissa E. Denham, Mary E. Tarbell, Anstiss S. Hunt et al, Lexington Savings Bank, M. & S. Realty Co., Lillian L. Viano, Tr., Lexington Trust Co., George E. and Helen S. Smith, Lulu M. Blake, Leroy S. Brown, Allen C. and Margaret W. Smith, Edmund W. and Elizabeth B. Stevens, Merle D. Straw, Emma G. Bryant, Old Belfry Club, Eleanor N. Little, New England Tel. 6: Tel. Co., Josephine N. Partridge, Mary E. Rcse, Rose S. Wright, William E. Denham, James J. and Florence C. Carroll, George J. Bailey, Dion C. and Florence K. Merry, Edward H. i;ara, Herbert Y. and Florence E. Lawrence, R. Estelle Earle, Isaac Barris Cary Educational Fund, Gertrude R. Hadley, Grace J. Piper, Franklin F. and Henry S. Raymond, Edna R. Schuh, Thomas G. and Elizabeth D. Lynah, Boston & Lowell R. R. Corp., George Scott, Daniel J. O'Connell, David F. and Julia Murphy, Marion D. Lewis, Walter L. and Alice C. Hyde, Louis L. Crone, Enward Wood, Gertrude Y. Cosgrove, Christian Science Church, Katherine Harrington, Mildred A. Dacey, Charlestown Five Cents Savings Bank, Robert T. and Richard J. Spencer, Marion D. Andrews and Florence R. Robertson, Francis T. and Lable F. Barry, Ralph H. Marshall, and also advertised in the Lexington Minute -Man on tecember 15, 1938, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals CrJ 1 1 251 December 8, 1938. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9 (c) of the Lexington Zoning By -Law with respect to the premises at No. 21 I,iuzzey Street, owned by B. C. Merry of Wareham by permitting the following: The alteration of a one family house to accommodate more than one family. B. C. Merry (Signature) 404 Main Street (Address) Wareham, Bass. BOARD OF APPEALS NOTICE Lexington, Mass. December 15, 1938. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Bion C. and Florence E. Rierry, t by e, and located at 21 Muzzey Street, Lexington, the alteration of a one family house to accommodate more than one family, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on December 30th, 1938, at 8:15 P. M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The records of. the meeting held November 25th, 1938 were declared approved. The meeting adjourned at 9:30 P. Y. A true record, Attest: