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HomeMy WebLinkAbout1947-02-14264 BOARD OF APPEALS MEETING , February 14, 1947 A meeting of the Board of Appeals was held in the Selectmenls Room, Town Office Building, on Friday evening, February 14, 1947, Chairman Locke, Mr, Nickerson, Mr, Redman, Mr. Rich and Associate Member Ripley were present at the hearing. The Clerk was also present. At 8;03 P.M., hearing was declared open upon the petition of James M. Etter for permission to construct a dwelling on a lot of land on Woburn Street which will not have the required frontage under the Lexington Zoning By-law. Notice of the hearing was read by Mr. Ripley$ There were two persons present at the hearing. Notices of this hearing have been mailed to the owners of all pro- perty deemed by the Board to be affected thereby, as they appear on the most recent tax list. Mr. Locke asked the petitioner if he wanted to sell this land to put a dwelling on it. ' Mr. Etter said he would like to sell it if he could, or build a house on it for himself. Mr. Locke explained that the lot was recorded in 19M, at which time a 75 foot frontage was required, and this particular lot apparently is what was left out of the division of the others. It has 64.3 feet, with a total lot area of 90915 square feet which is above the minumum area required of 73,500 square feet. Mr. Locke asked about the right of way on the north- erly side. Mr. Etter stated that it was a 30 feet right of way and backs up to the land owned by two brothers of Mr. Harlow. He gave the brothers the right of way into the land. It has been sold twice at least since that time, and the right of way still holds good to the land. If it weren't for this strip, Mr. Etter would have pl4nty of land. Mr. Locke asked -the petitioner who owned the land on the opposite side. M ' Mr. Etter said it belonged to the-Semonians. There is a pine tree that splits the right of way. It is about in the center; possibly a little more on his side. Mr. Redman asked if the tree couldn't be taken down. Mr. Etter said thak he wished that it could be. Mr. Locke asked if the stone bound was still there. idr. Etter answered in the affirmative. Mr. Locke said there would be one condition if the permit were granted. They would like to have more of a set -back than is required. They would like to have him line up his house with the one beside it. Mr. Etter said that it was agreeable to him. Mr. Nickerson asked if the right of way wasn'tI operating efficiently because of the tree. Mr. Etter said it was rather narrow. Mr. Locke asked if Mr. Etter lived in back of this property* Mr. Etter stated that he did;. Mr. Ridh asked why thiswas laid out as it,was. Mr. Etter said that the right of way was set off before the loss were divided. Mr. Ripley asked if this property was on the west side of Woburn Street. The petitioner said on the right hand side. The hearing was declared closed at 8;15 P.M. The Board then considered the application of James M. Etter. Upon motion of Mr. Rich, seconded by Mr. Redman, it was unanimously voted that the application of Mr. Etter be granted in the following form; BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By -Law and General Laws, Chapter 40, Sections 26 to 30A as amended, having received a written petition addressed to it by James M. Etter, 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 thereb as the ap on the most recent local tax list and also advertisedinrthe Lex- ington Minute -Man, a newspaper published in Lexington, 266 x which hearing was held in the Selectments Room, in the ' Town Office Building on the fourteenth day of February, 1947. Four regular and one associate member 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 James M. Etter requested permission to construct a dwelling on a lot of land on Woburn Street, Lexington, designated as Lot A. on Plan #204, registered in Middle- sex Registry of Deeds on April 25, 1932. No- one appeared in opposition. At the close of the hearing the Board in private session on February 141, 1947 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 requeted will not tend to ' impair the statusof 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 provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hard- ship to the petitioner and that desirable relief may, be -granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit James M. Etter to construct a dwelling on the aforesaid lot of land on Woburn Street subject to the following conditions; That the main structure, exclusive of a piazza, shall be set back from Woburn Street at least fifty (50) feet, and so located on the lot that sideyards shall be at least fifteen (15) feet in width for any structure. fa07. 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 open to public inspection and that notice of the 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) /s/ Errol H. Locke D. E. Nickerson Lester T. Redman Aiden L. Ripley John F. Rich ' I, Virginia B. Tarbel:l, 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 thirtieth day of January 1947 to Elizabeth Latter, Andrew Cupp, Johnson S. Armstrong, Hugh P. & Thelma H. Mulligan, Margaret E. Collins, John R. McLaughlin, Frank 0. Nelson, George L. Rice, Mildred Cupp, John M. & Ann J. Taylor, Samuel & Stella Modoona, Asunta Modoona, Ida Lobes, James M. Etter, Peter & Martin Semonian, John & Beatrice Hamm, Nish & Aznive Semonian, Daniel L. & Helen T. Cronin, Lester H. & Arlene E. Fogg, Eva D. & Archie M. Gorberg, Salvatore Caso, James W., Patrick P., Martin H. & Joseph Co Quinn, Walter W. & Mary R. Gwinnell and also advertised in the Lexington Minute Man on January 30, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals N O T I C E January 30, 1947 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law upon petition of James M. Etter for permission to construct a dwelling on a lot of land on Woburn Street, as shown on a plan of land of James M. Etter at Lexington dated March 9, 1932 by F. P. Cutter, C. E., on file in the office of the Town Engineer, 268 X which will not have the required frontage, under the Lexington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held on February 14, 1947 at 8;00 p.M, in the Selectmen's Room, Town Office Build- ing, Lexington, Mass, ERROL H. LOCKE Chairman, Board of Appeals January 25, 1947 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen; The undersigned herepy petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30A as amended, to vary the application of section 9b of the Lexington Zoning By-law with respect to the premises shown as Lot A on Woburn Street, wimed by James M. Etter of Lexington by permitting the following; I Construction of a dwelling on a lot of land which will not have the required frontage. James M. Etter 197 Woburn Street Lexington, Mass. The meeting adjourned at 8;50 P,M. A true record; Attest, /s/ Virginia B. Tarbell Clerk, Board of Appeals J