HomeMy WebLinkAbout1947-04-251.3
BOARD OF APPEALS METIWr
I April 25, 1947
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building on Friday evening, April
250 1947. Chairman Locke, Mr. Redman, Mr. Rich and Associate
Members Ballard and Ripley were present. The Clerk was also
present.
At 8;04 P.M., hearing was declared open upon the petition
of Henry L. & Mary C. Pedrotti for permission to'erect a house
which will not have the required frontage on a street.
Notice of the hearing was read by Mr. Redman. There were
six persons present. Notices of the hearing have been mailed
to the owners of all property deemed by the Board to be affected
thereby, as they appear on the most recent tax list.
Mrs. Pedrotti stated that she and her husband wanted permission
to build a house on the lot of land in question. It was sold
to them as& building lot, and when they asked f or.a Permit to
build, it was not granted. They wish- to erect a one and one-
half story frame dwelling.
Mr. Locke; Do you own Lots 5, 5A and 5B?
Mrs. Pedrotti; Yes
Mr. Locke; When did you purchase the land?
Mrs. Pedrotti; June of last year.
Mr. Locke; From Axiom did you purchase the land?
Mrs. Pedrotti; Mrs, Currier.
Mr. Locke; This plan shows a narrow strip of land marked #2.
Mrs. Pedrotti; That is the road going into this property.
Mr. Locke; Right of way to your property?
Mrs. Pedrotti; Yes.
Mr. Locke; Is that road used by anyone else?
Mrs. Pedrotti; Ye$, it is used by the McGee's to get into
their house. .
Mr. Locke; To get to their house, will they have to pass over
part of your land.
t4
Mrs. Pedrotti; Yes, they will have to pass over 5A
and 5B which is directly in front of it.
Mr. Locke; Your deed gives them permission to do so?
Mrs. Pedrotti; Yes, we gave them the right of way.
Mr. Locke stated that this lot area is 13,256 square
feet, plus'or minus. It meets that condition of the Zoning
By-law. The question is whether it is on an approach street.
Mr. Locke; If this permit were granted, no doubt
that this building would be fifteen feet away from the
lot line?
Mrs. Pedrotti; It would be.
Mr. H. Irving Currier, Woburn Street, said that he was
in favor of granting the permit.
Mr. Clifford McGee, 292 Woburn Street, stated that the
driveway going into this property is not listed as a road.
It is a right of way.
Mr. Locke; Do you have a right of way?
Mr. McGee; Yes.
Mr. Locke; There is a house erected in front of your
house belonging to Charles McLaughlin?
Mr. McGee; Yes.
Mr. Locke asked if Mr. McGee were appearing in opposition
to this petition and he answered in -the affirmative., He
stated that he had an investment there, and that a law had
been passed requiring 100 feet of frontage. He has smother
lot of land on which he was going to build, but was advised
by the Board not to do so. He is objecting to this permit.
Mr. Currier; 1927.
Mr. Currier showed the original blueprints of
this land
to
the Board. Lots 5, 5A and 5B were sold
to the
Pedrottis'.
Mr.
McGee reserved the right to pass -over
this to
hi -s lot
of
land.
Mr. Ripley; Did Miller and Nylander
suggest
this sub-
division
as a way out of this?
Mr. Currier; Yes.
Mr. Locke; When was the house built
that Mr..
McGee
now
occupies.
Mr. Currier; 1927.
15
Mr. McGee stated that a house going up there would
Oapreciate his land and make it more congested.
Mr. Ripley; What kind of way is this?
Mr. Currier; It has a cinder foundation.
Mr. Ripley; Is it a reasonably good road?
Mr. Currier; Yes.
Mr. Redman; You sold this lot of land to these people?
Mr. Currier; My mother sold it.
Mhe hearing was declared closed at 8;30 p.M.
At 8;35 p.M., hearing was declared open upon the petition
of Lawrence Selfridge for permission to maintain a rest home
located at 104 North Street.
Notice of the hearing was read by Mr. Ballard. There were
five persons present. Notices.of the hearing have been mailed to
the owners of all property deemed by the Board to be affected
thereby as they appear on the most recent tax list.
Mr. W. E. Selfridge stated that he was as representing his son,
Lawrence Selfridge, the owner of the property. Mr. W. E.
Selfridge and his wife live in the house located at 104 Norfh
Street. It has twelve rooms and is very large to sell as a single
family house. They contemplate living in another house near there
which he is remodelling at the present time, and they feel that
a rest home would be the least annoying the neighbors. It is
easier to sell it as a rest home than as an ordinary dwelling.
It is a one -family zone. He has built several houses in that
location. As a rest home, they would have people who would be
elderly and would not make any noise. He and his wife are going
to live in a smaller house.
Mr. Locke; The building is owned by your son? He would operate?
Mr. Selfridge; The rest home permit would be transferable to
the buyer. At the present time they have a prospective customer.
This person is already running a rest home. She likes this place
better than the one she has.
Mr. Locke: How many patients would there by?
Mr. Selfridge; Theme are seven large rooms besides the hall
on the second floor and five rooms downstairs; one bathroom. About
eight rooms of the twelve are large. The rooms upstairs are large
enough to have two single beds in them. The land that the house
is situated on has 333540 square feet. It is at the corner of North
and Adams Street.
16
Mr. Locke; You really do not know how many patients
would be there?
Mr. Selfridge; Probably twelve or thirteen people
could be accommodated.
Mr. Locke; Have you any idea whether the prospective
customer is a nurse.
Mr. Selfridge; The prospective customer is running
a rest home now.
Mr. Locke; The Board is really interested in knowing
the qualifications of the person who would be running the
home.
Mr. Selfridge stated that he did not make any inquiries
about the prospective bVyer. He presumes she might be a
registered nurse.
Mr. Locke; I don't suppose you know what type of
Patient she would have.
Mr. Selfridge; ProbFbly convalescent only.
Mr. Rich; The lady is not present tonight?
Mr. Selfridge; No, she is not.
Mr. Redman asked if it were proper for Mr. Selfridge
to ask permission to run a rest home.
Mr. Selfridge said that a person might not run the risk
of buying the house unless she knew that she could use it
for this prupose.
Mr. Locke; Has she taken an option on this place?
Mr. Selfridge; No.
Mr. Bolter, 79 North Street, stated that he was
representing Mrs. Robinson and Mrs. Willard. They wishctoo
go on record as being opposed. Mr. Bolter takes the stand that
Mr. Selfridge wants to have the Board help him to sell his
house. He has -a For Sale sign there now, and yet he is
making application for a rest home. The two don't seem to go
together. Right now Mr. Selfridge is making over a. barn
to live in. The neighborhood wants to protect its property
and protests very strongly to this petition. All the
property would depreciate.
1
1
1.7
Mrs. Bolter, 79 North Street, asked if the permit were
given for a nursing home, could it be turned into a Tourist
Home.
Mr. Locke; Yes, I think this would be possible.
Mr. Richard Moakley, 149 Adams Street, stated that both
he and his wife are opposing this with regret. He feels that
it would depreciate the value of their property. Along with
this, too, he has five children and he iDuld not like to have
a rest home there because of this. There would be constant
complaints by the patients.
Mr. Bolter stated that Mr. Selfridge said this was an
R-1 District, but there have been two familibs living in
his house for at least four years. Mr. Bolter also said
that Mr. Selfridge had cluttered up the area while he was
building his houses and had not cleaned it up.
Mr. Selfridge said that he had built five houses on
North Street last year; ;nicely built little houses. He
denied the charge that he has cluttered up the cores, He
does not intend to`have anything _left aro hd there.. His
houseisa bne-family; he.. did have boarders but 'not as a
two-family house.
The he=aring was declared closed at 8:55 P.M,
At 8;57 P.M., hearing was declared open upon the petition
of Grace Kirkland for permission to alter the dwelling located
at 33 Reed Street to accommodate two families.
Notice of the hearing was read by Mr. Redman. There were
twenty persons present. Notices of the hearing have been
mailed to the owners of all property deemed by the Board to
be affected thereby as they appear on the most recent tax list.
Henry Kirkland, Jr., the oldest son, stated that he was
representing his mother who is the owner of the property.
They want to put an outside stairway on the back of the house.
His brother is getting married next week. They want to give
him a place to live. He is a veteran. He wants to take the
four downstairs rooms, and his mother wants to live upstairs.
This will be a back entrance to separate the apartments for
the present time. His brother will take over paying the rent.
It will not stay like this forever; it is merely to help'his
mother out financially and to give his brother a home.
Mr. Locke; You,say temporarily. What is the likely
number of years.
Mr. Kirkland; As soon as he is able to build, or find a
house to live in. With the cost of materials now, he is uhable
to build.
IS
Mr.
Locke; Maximum of
five
years?
Mr.
Kirkland; I would
say
at the most five years.
Mr. Locke; The only change to the building would be
in the rear.
Mr. Kirkland; That is right.
Mr. Locke: Which side of the building?
Mr. Kirkland; On the left side as you face the house.
Mr. Ballard; What cooking facilities are going to be
used upstairs.
Mr. Kirkland: All cooking will be done on the first
floor.
Mr. Rich; What is your brother's name?
Mr. Kirkland; Arthur R. Kirkland.
Mr. Noyes, 36 Reed Street, stated that he lives directly
opposite the house. He understood that this was a single
family residence. Why should it be changed now? He has
respect for his brother who was in the Service. He does
not life the idea of a stairway going up on the outside.
This place is not kept up well. His property would be
depreciated with a two-family house.
Mr. Ingram, 44 Reed Street, said that he had lived on
that street for the past 24 years. When he bought his house,
he understood that it was to be a single family zone. on
his side of the street, starting from Sunnyknoll Avenue to
Vaille Avenue, there are all new houses - all modern, nice
homes. All owners demonstrate a great deal of pride in their
property. The Kirklknd house is a large house. Years ago,
it was kept up well. All houses are one family. The
Ingalls who formerly owned the house tried to make this
into a two-family house and it did not go through. The
property was foreclosed. The Kirkland family bought it at
that time. That particular section has deteriorated due to
the face that the property has not been kept up. He wishes
to go on record as being opposed.
this. Mr. Noyes asked how much control the Board has over
Mr. Locke; The Board sets up certain restrictions and
the Building Inspector's requirements have to be met.
19
Mr. Howard, 6 Vaille Avenue, said that the Kirklands
stated they wanted an outside stairway to accommodate the
People upstairs, yet they did not need one before.
Mr. Viano, 186 Bedford Street, asked why the Kirklands
come before the Board now and ask for a re -zoning uh en
they have used the house for two families for years.
All property has been depreciated. He seriously objects
to re -zoning.
Mr. Smith, 38 Reed Street, understands that this is
going to be a temporary arrangergent, and that he is going
to built later on. Does he have land enough to build on.
Mr. Kirkland stated that he does not have it nowbut
,
has been promised land later on. Mr. Kirkland further
said that all the youngsters play ball on their lawn and
he thinks it is unfair to make statements such as those
that have been made.
Mr. Rich; Tne entrance goes up to the second floor. Who
is going to live there.
Mr. Kirkland; My mother and the rest of the family -
seven altogether. We did not need a stairway before, but
his brother and his future wife want to be alone, and do not
want all the children running through their rooms. It is a
temporary arrangement.
Mr. James, 40 ReedStreet, asked Mr. Kirkland where he
is going to place the stairway.
Mr. Kirkland; On the north corner of the house; on the
side nearest the Gorman's property.
Mr. Hood, 41 Reed Street, said that this was a one family
zone, and he wants to keep it that way. He is sympathetic
towards Mr. Kirkland. If there gre two families using the same
kitchen facilities, would it technically constitute a two
family house.
Mr. Kirkland said that his brother would live there anyhow.
He is Just trying to let the neighbors know about it.
Mr. Weldon, 28 Reed Street, asked if this would establish a
precedent.
Mr. Locke answered Mr. Weldon by saying that this affects
only the particular property covered by this hearing.
20
Mr. >Bussom, 43 Reed Street, said he had no
objection to the brother living there, but he does object
to the stairway outside.
Mr. Hale, 24 Reed Street, objects on the grounds
that this might set a precendent for someone else seeking a
change of the Zoning Laws. He wants it to be kept as a single
family zone.
The hearing was declared closed ay 9;25 P.M.
The Board of Appeals, after consideration of the
evidence shown at'this hearing pertaining to the petition
of Grace L. Kirkland does not feel that the matter requires
the action of the Board, as the proposed alteration would
not make the dwelling a two-family house within the definition
of the Lexington Zoning By-law.
The Board next considered the application of Mary
C. Pedrotti. Upon motion of Mr. Rich, seconded by Mr.
Redman, it was unanimously voted that the application be
granted in the following form;
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BOARD OF APPEALS PERMIT
The Board of Apneals, acting under the Lexington Zoning
By-law and General Laws, Chapter 400 Sections 25 to,30A as
amended, having received a written petition addressed to it
by Marg C. Pedrotti
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 he mmo �ffice
Building on the twenty-fifth day of � Apri�, 194p.
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 shows That Henry L. & Mary C.
Pedrotti wished permission to erect a house on a lot of land off
Woburn Street, shown as Lots 5, 5A and 5B on Plan of Land in
Lexington, Mass. dated May 10, 1948 by Miller and Nylander, Civil
Engrs. & Surveyors. This lot will not have the required frontage
on a street under the Lexington Zoning By-law. Access to this
lot, and to the property owned and occupied by Clifford McGee
will beover right of way on Lots 2, 5A and 5B.
Clifford McGee appeared in opposition to the granting of this
petition.
At the close of the hearing the Board in private session
on on April 25, 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 re-
quested.
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 -slaw.
L
�2_
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 hardship 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 Henry L,
& Mary C. Pedrotti to erect a single family residence and garage
on Lots 5, 5A and 5B as shown on the plan referred to,
The Board hereby makes a detailed record of all its pro-
ceedings 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 hearing, includ-
ing 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
Aiden L, Ripley
Lester T. Redman
Walter C. Ballard
John F. Rich
(
over)
I, Virginia B, 'Tarbell, Clerk of the Board of Appeals
of Lexington, appointed under Goneral Laws, Chapter 40, Section
27, hereby certify that I sent by postage certificate of
mailing on the tenth day of April 1947 to Leonard C. Dozier,
Mrs. Jennie Currier, Clifford H. & Mary Co McGee, Albert D.
& Marion C. Olsen, Lexington Trust Co., Cons., Charles
McLaughlin, Henry L. & Mary C. Pedrotti,.and also advertised
in the Lexington Minute Man on April 109 1947, a notice of
which the following is a true copy.
/s/ Virginia B. Tarbell
Clerk, Board of Appeals.
N 0 T I C E
April 10, 1947
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law on petition of
Henry L. & Mary -C. Pedrotti by.permitting the erection of
a house on a lot of land off Woburn Street, shown as Lot 5
on a Plan of Land in Lexington, Mass, dated May 10, 1946 by
Miller and Nylander, Civil Engrs. & Surveyors, which vtll not
have the required frontage on a street 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 April 25, 1947, at 8;00
P.M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
ERROL H. LOGE✓
Chairman, Board of
Appeals
April 1, 1947
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 7b
of the Lexington Zoning By-law with respect to the premises
at Lot #5, Plan of -Land in Lexington, Mass., owned by Henry
L. & Mary C. Pedrotti of'Arlington by permitting the following;
The erection of a house on a lot of land which will not havd
the required frontage on a street.
Mary C. Pedrotti
54 Wyman St,
Arlington, Mass.
2D e
The Board next considered the application of Lawrence
Selfridge. Upon motion of Mr. Ballard, seconded by Mr. Ripley,
it was unanimously voted that the application be denied in the
following form;
BOARD OF APPEALS DENIAL
The Board of Apneals, 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 Lawrence N. Selfridge
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 Selettments Room,
in the Town Office Building on the twenty-fifth day of April,
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 Lawrence N. Selfridge wished
permission to maintain a rest home located at 104 North Street,
Lexington, for use by some future purchaser of the premises.
He stated that in his belief there was sufficient number of available
rooms in the present building to accommodate as many as fifteen (15)
patients. 'It was his belief that elderly persons and convalescent
cases would be accommodated. He was unable to state whether a
qualified nurse would be in attendance. He was unable to identify
at this time the person who would operate the home, or supply any
Evidence was offered on behalf of citizens opposing tphe
granting of the said petition tending to show:
Three persons spoke in opposition to the granting of the
petition.
on At
the251oa�4�f the hearing the Board in private session
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.
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2. That in its judgment the petitioner failed to establish
the necessary details of the use which was proposed to be
made of the premises.
-2»
Pursuant to the said findings, the Board hereby denies
the said petition of Lawrence N. Selfridge to maintain a rest
home located at.104 North Street, Lexington.
. 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-
bAfore set forth and the testimony presented at the said
hearing, including that herein summarizedo 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
John F. Rich
Lester T. Redman
Aiden L. Ripley
over.) Walter C. Ballard
(
I. Virginia Be Tarbell, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section
273, hereby certify that I sent by postage certificate of mail-
ing on the tenth day of April 1947 to Lawrence N. Selfridge,
Albert H. Burnham,'Pauline H. Bolter, Edith W. Willard,
Genevieve Robinson, Florence M. Bruce, Robert S. & Gertrude E.
Jordan, Gustaf Lidberg, Grace H. G. Belcher, Richard E. &
Doris L. Moakley, Anne N. Herlihy, G. Be Northrup, Leland
McConchie, Roland O'Brien, Kendall Crocker, James Cox, James
McDevett, Wilfred Potter, Jr., and also advertised in the Lex-
ington Minute Man'on April 19, 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 ,
April 10, 1947
The Board of Appeals will hold a hearing on'the matter
of varying the application of the Zoning Law upon petition
of Lawrence N. Selfridge for permission to maintain a rest
home located at 104 North Street, Lexington 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 April 25, 1947, at 8;15
P.M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass..
ERFO L H. LOCKE
Chairman, Board of
Appe al s
March 24, 1947
Lexington Board of Zoning Appeal s
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 6b
of the Lexington Zoning By-law with respect to the premises
at No, 104 North Street, owned by Lawrence N. Selfridge of
West Boylston by permitting the following; Maintenance of
a rest home.
Lawrence N. Selfridge
West Boylston, Mass.
The meeting adjourned at 10;45 P.M.
A true record, Attest;
Clerk, Board of Appeals