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HomeMy WebLinkAbout1946-09-1013000 BOARD OF APPEALS MEETING ' September 10, 1946 A meeting of the Board of Appeals was held in the SelectmenIs Room, Town Office Building, on Tuesday evening, September 10, 1946. Chairman Bowker, Mr. Redman, Mr. Nickerson and Associate Members Ballard and Rich were present at the hear- ing. The Clerk was also present. The meeting was held for further discussion on the petition of B. A. Simeone. Public hearing of this petition was first held on August 29, 1946, and adjourned until this evening. At 8;05 p.m., Mr. Lindstrom, the Building Inspector, and Mr. DeFoe, Superintendent of Public Works, entered the meeting. A2r. DeFoe stated that he did not think this kind of house desirable; that there would be settle- ' ment and cracks in the concrete due to weather changes. Mr. Lindstrom agreed with Mr. DeFoe's statements. After a lengthy discussion, these two men left the meeting at 9;07 p.m. A motion was made by Mr. Nickerson, seconded by Mr. Redman that the pbtition of B. A. Simeone be denied in the following form; BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lex- ington Building By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by B. A. Simeone, 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 ne"paper published in Lexington, which hearing was held in the Selectmen's Roomy in the Town Office Building on August 29, 1946. 1 1311, 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 Building Law. 4. That the enforcement of the Lexington Building By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the refief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Building By-law. Three regular two and associate members of the Board of Appeals were present at the hearing. A Certificate of notice is hereto annexed. At this hear- ing evidence was offered on behalf of the petitioner tending to show; That he wished to erect a house located on Maple Street, Lexington, constructed prin- cipally of reinforced concrete as indicated on plans labeled Wellcast #23-VJellcast Homes. The plans indicated that the house would be built of concrete until made in Newton hauled over the road and set on a concrete slab with a crane. The peitioner stated that there would be no cellar to this dwelling and that the thickness of the Wells would be 3 inches; also that the walls would be of reinforced concrete. The petitioner stated that he expected that this house could be built to sell for slightly under X100000.00. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that Alice S. Willoughby, 27 Maple Street, stated that she was opposed to the granting of the petition. ,Ir. Solberg and Mr. Chapman expressed their views as to the potential dangers with this type of construction. At the close of the he4ring the Board in private session September on 10, 1946, 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 Building Law. 4. That the enforcement of the Lexington Building By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the refief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Building By-law. 132 Pursuant to the said findings, the Board hereby denies the said petition of B. A. Simeone to construct a concrete house as indicated on drawings labeled wellcast #23 - Wellcast Homes, on file. The Board hereby makes a detailed record of all its proceedin-s 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 hearinS, 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 pub- lic 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 GenBral Laws) Isl Winthrop H. Bowker D. E. Nickerson Walter Cq Ballard John J. Rich Lester T. Redman I, Hazel J. Murray, 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 fifteenth day of August, 1946, to B. A. Simeone, Orbert H. & Frances G. Simmons, Helen Wiggins, Martin Casey, Benjamin W. & A. Elli abeth Day, Emily L. F. Nelles, Curtis S. & Geraldine C.. Elliott, Minnie M. Ryder, Edward W. Higgins, Alice S. Willoughby, Edith G. Tyler, John C. & Bessie R. Solberg, Richard & Christine Infa.nti, George Nelson, Virginia 1,1. Hannon, Mary E. Gaffey, Robert D. & Elizabeth hi. Chapman, Albert R. & Gertrude E. Kaufman, Gail W. & Helen Ili. Smith, Howard & Elmina Munroe, Charles W. Ryder, and also advertised in the Lexington 1,1inute Man on August 15, 1946, a notice ' of which the f olliowing is a true copy. Clerk, Board of Appeals 1 1 1 N O T I C E August 15, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Building By-law by permitting on the premises owned by B. A. Simeone and located on Maple Street, Lexington, the erection of houses, the construction of which will not meet the require- ments of the Building By-law. The hearing will be held on August 29, 1946, at 8;15 p.m. in the Selectmen's Room, Town Office Building, Lexington. Winthrop Ii. Bowker Chairman, Board of Appeals July 24, 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 an amended, to vary the application of section 6 (B), Art. XII.9 of the Lexington Building By-law with respect to the premises at No. Maple Street, owned by B. A. Simeone of Medford by permitting the following; Use of 3" reinforced concrete wall as designed by Thompson-Lichtner - Engineers. B. A. Simeone 74 Mystic Ave. Medford, Mass. 134 0 con a 1 A letter was read by Chairman Bowker from Miss Hazel Murray, present Clerk of the Board of Appeals, stating that due to increased work in her own Department, she would no longer be able to act as Clerk of this Board. Upon motion made by Mr. Rich, seconded by Mr. Nickerson it was voted to accept Miss Murray's resignation. On motion by Mr. Nickerson, seconded by Mr. Redman, it was voted to appoint Miss Tarbell as Clerk. The meeting was adjourned at 10;20 p.M. A true record, Attest; Clerk, Board of Appeals. I r, u