HomeMy WebLinkAbout1947-04-1012
BOARD CF'APPEALS MEETING
April 10, 1947
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building on Thursday
evening, April 10, 1947. Chairman Locke, Mr. Brown
and Associate Members Ballard and Ripley were present.
The Clerk was also present.
The meeting was held for further discussion on the
petitions of Lewis Pollard and Joseph Kelly. Public
hearings of these petitions were first held on April 41,
19473, and adjourned until this evening.
At 8:00 P.M., Mr. Lindstrom, Building Inspector,
entered the meeting. He stated that his reason for
putting Mr. Kelly's petition before the Board was because
he was not sure that the.f rost might not get down under
the grade beam and heave it. The frost from the outside
might get down in and start to heave from the edge. As
long as a person is living in the house, the chances are
slighter that this would occur, but if the house were
left alone, and the heat shut off, there would be a change
of frost getting in and lifting the beam.
There are some of these houses in Braintree, but Mr.
Lindstrom does not feel that we have had severe enoughi:
winters for the past few years to really test this type of
construction. He doubts very much that #)e grade beam
would withstand pressure from the frost.
Mr. Lindstrom retired at 9:20 P.M.
The Board considered the application of Mr.
Pollard. Upon motion of Mr. Brown, seconded by Mr.
Ballard, it was unanimously voted that the appli-
cation be denied in the following form:
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BOARD OF APPEALS.DENIAL
The Board of, Appeals, acting under the Lexington Zoning
By-law and General Laws, Chapter 40, Sections 25 to 30A as
amended, having rdceived a written petition addressed to it
by Lewis W. Pollard
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 April 4, 1947.
Three regular 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 Lewis W. Pollard requested
permission to construct, on Lot #1 Lincoln Street, Lexington,
as shown on pian of Five Forks Village in Lexington, Mass.,
dated Mar. 28, 1946 by Miller and Nylander, Civil Engrs., a
house designed by the K. V. Wolsey Company, Inc. designated
by them as "America's ko. 1 Home". This prefabricated house
would substantially vary from the Building Laws of the Town
of Lexington.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show:
No-one appeared in opposition.
At the close of the hearing the Board in private session
on April 10, 1947 gave consideration to the subject of
the petition and voted unanimously in favor of the following
findings:
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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 tho regulations in the
Lexington ftrA-eg BV�4v s Building By-law. Building
4. That the enforcement of the Lexington frerArrg Sy -law as
to the locus in question would not involve substantial hardship
to the petitioner, and the relief requested could not be grant;u
without substantial detriment to the public good and without'..
substantially derogating from the intent and purpose of such
Lexington Buiri,rg By-law.
Buildfng
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Pursuant to the said findings, the Board hereby denies
the said petition of Lewis W. Pollard for the erection of a
prefabricated house on Lot #1. Lincoln Street, Lexington,
as shown on plan of Five Forks Village in Lexington, Mass.,
dated March. 280 1946 by Miller and Nylander, Vivil Engrs.
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)
/s/ Errol H. Locke
Lester T. Redman
J. Milton Brown
Walter C. Ballard
Aiden L. Ripley
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I. Virginia Be Tarbell, 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 twentieth day of March, 1947, to Lewis W.
Pollard, William P. & Pearl M. Brenchick, Harold A. & Mae W.
Conant, Kaistutis & Margaret G. Balchunas, Harry F. & Dorothy
F. Conrad, June E. & Helen M. Chelland, John T. & Julia L.
Furey, Aggusta C. Holm, Leona C. & Barbara E. Lydiard, Rich
rd J. & Catherine Devanna, William J. & Janet Me Buckley,
John D. & Flossie S. Campbell, Robert T. & Rosalind S. Gage,
Sylvia Aker, Johanna Hultman, George R. & Ethel M. Mitchell,
Robert L. Ryder, Tr., Neil McIntosh, Irene F. Webb, George
W. & Helen Be Saran, Arthur H. Kent, Thomas M. & Irene F. Forde,
Joseph O'Leary, Thomas P. McHugh, Robert & Catherine Boyington,
George Cooper, Charles F. Jr. & Victoria L. Siders, Randall S.
& Florence Haws, Harold S. Gillis, Harry E. Knowlton, Harlan
R. & Eleanor F. Allard, Eric J. Lifner, W. H. Welton, Eggene
A. & Elizabeth A. Sawyer, and also advertised in the Lexington
Minute Man on March 20, 1947, a notice of which the following
is a true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appe als
N 0 T I C E
March 209 1947
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 Lewis W. Pollard and located on Lot 1
Lincoln Street, Lexington, as shown on Plan of Five Forks
Village in Lexington, Mass., dated Mar. 28, 1946 by Miller
and Nylander, Civil Engrs., on file in the office of the Town
Engineers, Lexington, Mass., the erectlon of a house, the con-
struction of which will not meet the requirements of the
Building By-law.
The hearing will be held on April 41 1947 at 8;30 P.M.
in the Selectmen's Room, Town Office Building, Lexington, Mass.
ERROL H. LOCKE
Chairman, Board of Appeals
March 18, 1947
Lexington Board of Zoning Appeals
Town Office Building '
Lexington, Massachusetts
Gentlemen;
The uhdersigned hereby petitions the Lexington'Board
Of Appeals, appointed under General,Laws, Chapter 40,
Sections 25 to 30A as amended, to vary the application
of section 2 - Article 21 of the Lexington Building
Code with respect to the premises at Lot. #1, Plan
of Five ForksVillage, owned by Lewis Pollard of
Dorchester by permitting the following; Erection of
a house which will not meet the Building By-law.
Lewis W. Pollard
61 St. Marks Road
Dorchester, Mass.
The Board next considered the application of
Mr. Kelly. Upon motion of Mr. Ballard, seconded by
Mr. Ripley, it was unanimously voted that the appli-
cation be denied in the following form;
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BOARD OF APPEALS DENIAL
The Board of Appeals, acting under the Lexington Zoning
By-law and General Laws, Chapter 40, Sections 25 to 30A as
amended, having received a written petition addressed to it
by Joseph F. Kelly
a copy of which is hereto annexed, held a publi{s hearing thereon
of which notice was mailed to the petitioner an to the owners
of all property deemed by the Board to be affected thereby at
they appear on the most recent looal 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 April 4, 1947.
Three regular 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 the petitioner wished to erect on
the premises owned by him, a building, on Lots 62 and 63 Sherburne
Road, Lexington as shown on plan entitled "Proposed Sub -division
of Land in Lexington, Mass. Belonging Principally to Lexington
Estates Trust, dated March 1940 by Rowland H. Barnes & Co., Civil
Engrs. He stated that the building would be constructed on a re -
enforced concrete mat 4" thick with grade beams 181" by 12" around
the perimeter of the entire building; that the foundations would
not be in accordance with the Lexington Building By-law but* (over)
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show:
No-one appeared in opposition.
At the close of the hearing the Board in private session
on April 10, 1947 gave consideration to the subject of
the petition and voted unanimously in favor of the following
findings:
1. jPh +rr-ii ss- n rb--the -puirlr.-u,
wrrl+ ne b -bvabrsrs _ ___ _ _?-kyr-sary ed -bT elm- mn is mT-ar trnr vxu'e71t-rub
requeete+6
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 Son* S--B7wtaw: Building By-law. Building
4. That the enforcement of the Lexington Benfng Hy -law as
to the locus in question would not involve substantial hardship
to the petitioner, and the relief requested could not be grantlu
without substantial detriment to the public good and withoiv.,
substantially derogating from the intent and purpose of such
Lexington ZanliM By-law.
Building
would be constructed in accordance with
plans submitted, +with'the date missing and
the name of architect.
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Pursuant to the said findingsi the Board hereby denies
the said petition of Joseph F. Kelly for the erection of a
house on Lots 62 and 63 Sherburne Road, Lexington which
will not meet the requirements of the Lexington Build-
ing By-law.
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)
Is/ Errol H. Lac ke
Lester T. Redman
J. Milton Brown
Aiden L. Ripley
Walter C. Ballard
12 f
I. Virginia Be Tarbell, 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 twentieth day of March, 19470 to Joseph
F. Kelly, Frank L, & Catherine F. Stevens, Minnie C. D.
Maddison, Walter W. Rowse, Annette I. Spencer, William H.
Driscoll,,Ra'lWond H. & Margaret Me Stearns, Russell Be &
Grace H. Kelley, Robert L. & Charles W. Ryder, Katherine
L. Kieley, Ralph H. Davis, Francis C. & Cora M. Nelson,
Lillian K. Drescher, Ruth V. Livingstone, Beatrice T. Morse,
J. Joseph &Anne T. Hurley, Lena M. Norris, Trustee, Florence
E. Lawrence, Anne Rudd, Blanche T. Nilson, Gladys Tropeano,
Andrew A. & Winifred A. McArdle, Harold S. & Mabel D. Johnson,
and also advertised in the Lexington Minute -Man on March 20,
1947, a notice of which the following is a true copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals.
N O T I C E
March 20, 1947
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 Joseph F. Kelly and located on Lots
62 and 63 Sherburne Road, Lexington as shown on plan entitled
Proposed subdivision of land in Lexington, Mass. Belonging
Principally to Lexington Estates Trust, dated March 1640
by Rowland -Hr Barnes & Co., Civil Engrs., on file in the office
of the Town Engineer, Lexington, Mass., the erection of a house,
the construction of which will not meet the frequirements of
the Building By-law.
The hearing will be held on April 4, 1947 at 8;15 P.M.
in the Selectmen's Room, Town Office Building, Lexington, Mass,
( over )
ERROL H. LOCKE
Chairman, Board of Appeals
March .171, 1948
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 30A as amended, to vary
the application of section 2 -Article 21 of the Lex-
ington Building Code with respect to the premises at Lots
62 and 63 Sherburne Road, owned by Joseph F. Kelly
of Arlington by permitting the following; To build
a slab house not using a foundation. The purpose,
Radiant heating will be installed in the slab.
Joseph F. Kelly
32 Appleton Street
Arlington, Mass.
The meeting adjourned at 10;15 P.M.
A true record, Attest;
Clerk, Board of Appeals.
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