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HomeMy WebLinkAbout1944-03-03BOARD OF APPEALS MEETING S March 3, 1944 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday evening March 3, 1944 at 8:00 P. M. Chairman Glynn, Messrs. Locke, Bowker and Associate Members Brown and Redman were present. At 8:00 P. M. hearing was declared open upon the application of Dr. Nell Cutler Crawford for permission to alter the barn at the rear of the house located at 22 Hancock Street, Lexington so that it could be used as a single family dwelling. The notice of the hearing was read by Mr. Bowker. Dr. Crawford was represented at the hearing by her daughter and son-in-law, Mr. and Mrs. Thompson. Francis J. Cooke, who now lives at 22 Hancock Street, Mrs. Alfred E. Jones and Dr. and Mrs. Cosgrove were also present at the hearing. Mr. Thompson said that Dr. Crawford intends to re- turn to her house at 22 Hancock Street and the present tenant, Mr. Cooke, has been unable to locate a place in which to live. It was his suggestion to convert the barn into a single family dwelling. Mr. Thompson said that there would be no change in the outward appearance of the building. The Chairman asked if any plans had been drawn and Mr. Thompson said that Mr. Cooke was to obtain the plans. Mr. Cooke said that as yet he had not had plans made. The Chairman asked if it was the intention to con- tinue to use the barn as a garage and Mrs. Thompson re- plied that the front part would be used as a garage. Mr. Thompson said that the rear of the first floor and the upstairs would be used as a dwelling. He said that the ground floor is cement and there is a dellar under the building. The building also has running water and electricity. The Chairman asked Mr. Cooke to explain to the Board what he had in Mind. He replied that there would be a kitchen and bathroom and four small rooms, as bed- rooms, on the second floor. He also informed the Board that a heating system would have to be installed. The Chairman asked if there would be a room for a living room and Mr. Cooke replied in the affirmative stating that there is a large room at the rear of the building which could be used as a living room. • The Chairman asked if the garage would still be used and Mr. Thompson replied that it would and that there is room for two cars. The Chairman asked if it was planned to have this dwelling entirely separate from the main house and Mr. Thompson said that it would be entirely separate and not connected in any way with the main house. Mr. Locke asked if the two buildings were connected now. Mrs. Thompson replied that there is a a vestibule from the garage to the back door of the house which could be removed. Mr. Locke asked if there were any regulations as to the amount of money that may be spent in remodeling build- ings and Mrs. Thompson said that she had been unable to learn anything definite pertaining to such regulations. The Chairman asked how much it would cost to make the contemplated alterations and Mr. Cooke replied between $2,000.00 and $3,000.00, including the heating plant and bathroom. Mr. Redman asked about the roof covering and Mr. Cooke replied that the building has a slate roof. The Chairman asked if there were any other persons present who were in favor of granting the petition. Mrs. Jones said that she also has a large garage and would like to have this petition approved. If it were, • then she might consider making some change in her garage. Dr. Cosgrove said that if the proposed single family dwelling were to be entirely separate from the house, he would not object. Mrs. Cosgrove raised the question that if this peti- tion were approved, a precedent might be established. She felt that if several houses on Hancock Street were to have a second house in the rear, such a condition would not in any way be an improvement to the neighborhood. Mrs. Thompson said that the exterior of the building in question would not look any different than it does now. The Chairman asked where the entrancewould be and Mr. Cooke said that an outside stairway in the back would be used. No other persons wishing to �,e heard, the hearing was declared closed at 8:15 P. K. The records of the meeting held on January 7, 1944 were declared approved. The Chairman read a letter received from Eugene Kraetzer of 46 Hancock Street stating that he wished to register his objection to the change in the Zoning Law which would allow the building at the rear of 22 Hancock Street to be made over for occupancy. is lob. rM Mr. Locke said that in his opinion the contemplated change would not be an improvement to the neighborhood:, and Mr. Bowker said that he agreed with Mr. Locke. The Board took under consideration the fact that there are a number of other dwellings in the vicinity which have old-fashioned barns on the premises and that in one such case, represented at the hearing, a distinct interest was evidenced as to whether a precedent would be set that would allow similar conversion. Mr. Brown called attention to the fact that if the petition were granted, there would then be two houses on one lot. Upon motion of Mr. Brown, seconded by Mr. Locke, it was unanimously voted to deny the petition in the follow- ing form: BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Nell Cutler Crawford, 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 news- paper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on March 31, 1944. Three members and two Associate 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 she wished to convert into living quarters most of the barn located on the premises in the rear of the house at 22 Hancock Street, making of it a single dwelling with the exception of room reserved for use as a two -car garage; the intention to use for this purpose the rear part of the ground floor, all of the second story and the basement; no change would be made in the appearance of the front of the present barn; access to the living quarters in it would be by an out-of-door stairway located on the side; that it was the intention to make the second story over into four chambers and a bath; to have a central heating plant located in the basement, and to have a kitchen and other living roots on the rear of the ground floor. • • • Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that their interest in the appeal was as to whether it would create a precedent that would allow similar use of barns located on other properties in the vicinity. At the close of the hearing the Board in private session on March 3, 1944 gave consideration to the sub- ject 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 exeception requested will not be in harmony with the general purposes and intent of the regula- tions 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 uhneeessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantillay 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 Nell Cutler Crawford. The Board Peels that the frontage of the lot in question is much too small to allow it to be divided at any time into two lots to accommodate two dwellings such as contemplated, and that the conversion of the barn as now planned would be a detri- ment to the neighborhood. 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 herein- before 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 (Acting under the Lexington Zoning By-law and General Laws) C. EDWARD GLYNN ERROL H. LOCKE '.'INTHROP H. BOWKER LESTER T. REMIAN J. MILTON BROWN • I, Hazel J. Murray, 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 17th day of February, 1944 to Nell Cutler Crawford, William H. Crawford, Margaret M Gallagher, Edith A. Tuttle, First Congregational Society, Florence B. Chamberlain, Frances Clarke, Home Owners Loan, Dora H. Patrick, Clement G. and Pearl Diamond, Arthur R. & Isabel McCarter, Dr. William L. Cosgrove, Janet D. Jackson, Ralph M. & Audrey Hardy, Martha`�:W. Zones, Lyon Carter and William A. Cann and also advertised in the Lexington Minute -Man on February 17, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals February 15, 1944 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sec- tions 25 to 30 as amended, to vary the application of sec- tion 6 of the Lexington Zoning By-law with respect to the premises at No. 22 Hancock Street, owned by Nell Cutler Crawford of Jamaica Plain, Mass., by permitting the follow- ing: Alteration of building in rear of house to a single family dwelling, said building not having the required number of frontage. Nell Cutler Crawford 38 Southbourne Road Jamaica Plain, Mass. Lexington, Mass. February 17, 1944 N O T I C E 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 Nell Cutler Crawford, and located at 22 Hancock Street, Lexington, the altera- tion of the barn, at the rear of the house, into a single dwelling, under the LexingtonZoning Law or in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws. • The hearing will be held on March 3, 1944, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. C. EDVIARD GLYNN Chairman, Board of Appeals The meeting adjourned at 9:05 P. M. A true record, Attest: •