HomeMy WebLinkAbout1940-09-30 202
1
i_,A D P i. T T S
"entember ; 0, 1940
A special meeting. of the Board of Anneals vas held
in the Town Cffice Bu__uii_ at 8 00 7. Ii. ',essrs
ball , Brown and Bowker were present
The [_u1.idn- Thepector rot with the Board to discuss
t. e annlication of Vena I Poberts for permission to con-
struct a house at the corner of lelrose and Albemarle
Avenues which 'ill not have the reauired set-back from
either street .
Unon motion of I r Bowker, seconded by rr. Brown,
it ' «s unanimously voted to -rant the netition in the
follow in7 fore. (Messrs .addison and Locke wisnin(= to
be recorded in favor
BCAD OF ABPF_.LS FF ihT_T
Tne Board of Anne =ls , actin_ uncer general Laws,
Chapter 40 , Sec 27, havin, received a written netition
addressed to it by `alnh I. ri.oberts , a cony of which is
hereto annexed , held a public hearin; taereon of which
notice was mailed to tue petitioner -.nd to the owners
of all propert,T deemed by ti-ie Board to be affected there-
by as they appear on the most recent local tax list and
also advertised in the Lexinf- ton 1 irute- ,an, a newspaper
published in Lexinc ton, which hearing was held in the
belectmen' s doom, in the Town Office Buildinn on the
27th day of September, 1940 .
Two associates and three members of the Board of
Appeals were present at the hearing x certificate of
notice is hereto annexed At this heari np, evidence was
offered on behalf of the petitioner terdin^ to show
That ne desired permission to construct a house to be
located at the corner of Albemarle and ' elrose Avenues,
Leki ILr-ton, Lass , which would not have the rel wired set-
back fro: e-ther street -Te stated that property
had been in the famillJ since 1920 , and that there was a
recorded ri tht of way of 10 feet alon the bac line
fro ,lbeiaarle Avenue to Bow Street, and _le submitted
Plans shov. inr-i the proposed location of said buildin^.
ho one appeared in oprosition.
203
At the close of the aearin, tie Board in private
session on Sent 30 , l ..,.0 r'a1Te consideration to the sub-
,ect of the petition and voted uranieiousl, in favor of
the followin~ findin s
1. That in its ,ud.'" ent tie public convenience and
welfare will be substarrtiall-T served by the .fakir - of the
e--ception rea .ested
2 That the exception requested will nut tend to
impair the status of the nei;-,hborhood,
3 . That the e-s-ception requested will be in harmony
with the general purposes and intent of the regulations
in the Lexin,-ton anin. Py-law
4. That o _nr' to cordit_ons esrecially affectinc' the
saia parcel but net ..ffectin, rrenerally tie Zoning district
in which it is located, a literal enforcement of the rro-
visions of trio Lexington Zonin =y-law as tc t_Ie locus in
Question would involve substant. al hardshin to the petitioner
and that desirable relief r-ay be -ranted without si bstan-
tially dero{*atinp from Inc intent or purpose of such Lexin;~ton
Zoning By-law
Pursuant to the sEid findinr s , t_re Board hereb-- u_.ani-
i ously decides that the aeplicuti en of the said Lenir. ;ton
Zonin? By-law is hereby varied so far as ma-r be necessary
to permit the erection of a dwell-i_n,- on the ,ro ert-- o; ned
by Vena ,. . Zoberts at t1- e corner ‘ )f Albefiarle anA elrose
1 ver'ues, 1,'i ti1 tite rovio±C!_s That the ai n
dwelling shall be located not noarer t. an ;,en feet from
either 41beaarlo or l elrose .avenues, -end that there shall
be at least sever aid one-half feet from any part cf the
structure, includin:r bulkhead, .d the side line of the
ri^4ht of wa-r
The porch and sten f acini^ helrose avenue shall not
extend more than four feet from the main stricture
The Board hereby a1:es a detailed record of ell its
proceedings relative to such petition and hereby sets forth
that the re, sons for its decision are its findi nmrs herein-
before set forth and the testinonT- presented !t the said
hearinc", includir, that herein suamarized, and drects
that this record i_i edi_.tely folie ^ in; thio decision shall
be filed in the office of t. e Town Clerk of Lexinr-ton, and
s ,all be u0e'^ to nubiic inspection and that notice of this
decision shall be ii: iled fort—it` to eacli p`rty in interest.
204
Tl x_ti CF _. 'P L. LS uF L.`IIL^TOL
(re-pointed unser g L C. 40 , Sec 27 )
=A D r 7I1BALL
WINTHROP H BO"KER
J i:II TOT; BROV
LC Cf_F
C rD?,"1ARD GI YNI
I k "ler - Pro-tem of the Board
Winthrop�,int� ron _ Bo �_�r,
of _Appeals of Lexington, a^-pointed under general Laws,
ChaUter 40 , Section 27 , hereby certify that L sent by
nosta- e certificate of railir,n on the 14th day of Sept-
ember, 1940 , to Ida T Waite , Hannah E aite , Albert J
E, an, Antonio Snag nuolo, Cherles A. Cummings, Constance
C. Willson, Eli Roberts, Charles S & Hattie "r Squires,
Carl E. Swenson, et al , 7,arian ii 'di chardson, "Iri_ cunt
Co-on Ban r, r"arciuo Cardello , Carmella .oretti , Ralph 7
Roberts, and also advertised in tie Lexington Linute-Nan
on Seetember 12 , 1940 a notice of which the following is
a tree copy.
WIHTT ''02 H
Clea- Pro-tem, Board of Anneals
September 9, 1) 0
Leyi nrton Hoard of Zonin. Anoc- 1s
Town Office Bui_din,'
Lexn,•ton, I.Iass
-entle.yen
The undersi,tned hereb,, petition the Lexington Board
of ,ppeals , anointed under general Lams , Chapter 40,
Section 27, to vary the application of sectio 9b, of the
Lexin.•ton Zonin By-law witj respect to uhe premises at
he corner of ,-11benarle and _,.elrose Avenues, owned by Vena
Roberts , 13 ) °foburn Street , Readied, by peri:.ittin_; the
following-
To allow Tae to build a nouse back fror:. ._lberaarle ,ve ,
1 - feet and in fro: _el_o se Av , 10 leer By so doing
I could construct a building 20 x 27 feet
i_LPII 7CBLRTS
13 ? oburn Street
3eadi r_ , lass
205
Le-rinrton, I ass
Serte__iber 1 , 1;1,.0
IT 0 T I C
The Do.,-, n o_ __opoals -gill loll . hearin the
Latter of ver`-in t.ie a--T. ic"tiJn of the Zunin Taw by
nersiittin>; on t e Ner..ises owned b; Veno I ,coterts a~d
located at tae cor- er of lbe..a^le and I elrose ti. renues,
Lexington, the con.`.+trbcti.) i of 'iOUSe T' oh + .11 not
have tl e re'a tired E ).1c{. __ a either street , on 3r t Le
Le tel. ten Zo_.in Lary er L accordance with .darter 40 ,
i L- e
Jectior ...7,. Oi t,�;. Thneral lT.� , 11+� �11iv d, .e.it5
The hearyn, will be iela u �eetel_ ber �; , 1-)V.) at
C F 8 _eeleCt .en' s .�oorl, Town Office
Lexir "to , ass
-,.; T Z "
3lain.._ar , ward of r;p ,eels
The I.^_eetin. our_ied at " 4' 1 I
true _ eceri-, _.ttest
CJ r Pro-tern
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