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Home My WebLink About1940-09-30 202 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 Ik