1934-10-19 - Laserfiche WebLink

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73 BOARD OFAPPEALS :MEETING ' OCTOBER 19, 1934. A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building, on Friday,.October 19, 1934, at 8:00 P. 1. Messrs. Glynn, Ferguson, Hatoh and Robbins were present. The Secretary was also present. Tine Chairman not being present, l+ir. C. Edward Glynn was elected Chairman Pro -tem. Hearing was declared open on the application -of Pasquale Moretti of 80 Bow Street for permission to alter the one family house owned by him and located on delrose Avenue into a two family dwelling. The Clerk, Mr. Robbins read the notice of the hearing as printed in the Lexington Minute -Man. Mr. Pasquale Moretti and daughter were present and represented by Jacob Weinberg, Attorney, of 27 School Street, Boston. Mr. Weinberg proceeded to review the conditions surrounding the present application explaining that when Mr. Moretti applied for a permit to build a house on Melrose Avenue, he applied for a permit for a one family house and for some reason he built a two family house, then the Town through its counsel brought proceedings in the Superior Court against Mr. Moretti. The counsel for idr. Moretti at that time was Daniel J. OtCorinell. There was a decree entered in 1930. From 1930 up until about one month ago nothing was done by either the town or Moretti. SAddenly for some personal reason a tenant of Mr. Moretti's was in Court on a snit for rent, and action was immediately started, and the case was heard before Judge Walsh on Sejtember 5th of this year. He exy)lained the case to Judge Walsh and it was left with him to see if he could adjust the matter before the Board of Appeals. He instructed his client to change the house from a two family to a one family house by removing the set -tubs, and everything required by the decree, and he understood that an inspection had been made by the Building Inspector. He called attention to the fact that the house had been built and was occupied by two families for four years. Setting aside the question as to whether he did right or not, he stated that when the order was made four years ago Ir. Moretti was never in Court and since the house had been occupied for four years as a two family house he felt that the matter was settled. He realized that Mr. Moretti should have applied to the Board of Appeals who have the right under Chapter 40 of the General Laws to authorize a change from a one family to a two family. house. The Building Inspector, Mr. Fred Longbottom was present and stated that Mr. Morettils original application was taken ' out for a one family house and nothing was said in the permit about a double house.