HomeMy WebLinkAbout1929-07-26Stevenson
hearing.
r"L'?TING, JULY 26, 1929
A meeting of the Board of Appeals was held at the
Selectmen's Room, Town Office Building at 8 P. M. Messrs.
Roland 7. Baldre;, Theodore A. Custance, C. Edward Glynn,
and Cu.rlys Sloo.um were present. Helen C. ':;hittemore was
also present.
The Chairman of the Board, Arthur N. Maddison, being
:absent Mr. Theodore A. Custance was nominated Chairman of
the meeting.
Hearing was called on the application of Minnie B.
Stevenson at 8:28 P. M.
The Chairman read the application of the petitioner
and also the notice sent to the abuttors and to the local
newspaper, giving notice of the hearing held this evening.
Mr. Matthew Stevenson statedthat he apre-redfor the
petitioner. He is nor/ li--ing in the rear of 21 Oakland -
Street. Mr. Stevenson rave as his principal reason for
making th.'spplication that the lot upon which he intends
to huildas a front^e of 65 feet, and th^,t this is all
the land he coul.a get on the specified lot. Mr. Stevenson
st,tedthat he hac' formerly owned the whole lot, and he
had sold part of the lot to Hi ch a'rd J. Spencer. The whole
lot contained apr,roximately 19,340 square feet.
Then asked w' y he established the line es he did, The
stated that he was unable to obtain land or account of the
barn when he negotiated the sale, w'-ich was made about —ay
lst. The transfer of the papers was not made until the
12th of June, 1329. lie intended to build a home upon this
lot.
When asked tow far the line of this lot is from the
building on yhe other property, he stated that it wasebout
10 feet.
'Nhen asked if he was
regarding the size of the
stated that le called 7r.
Works, anr' he told him of
said that it would be all
familiar with thb new regulations
lot et the time of the sale, he
7illiam S. Scamman, oust. of Public
the situation, and. Mr. Scamman
right.
"Men asked if he had made any attempt to purchase a 10
foot strip of land from the party from whom he had sold the
property, he statedthat he had not. Suggestion was made
that he run the line at a slight angle in order to include
enough lan,3 to give himthe desired amount, making the lot a
little wider in the Front.
As'red what gave him the impression that 'ir. Scamman was
tle one to pass uron such matters, he stater_' that Mr. Scamman
did not refer him to anyone else but answere' the question
right off.
The Building. Inspector, John F. Tibbetts, informed the
meeting that r. ".r. Scamman told Mr. Stevenson this before the
law was in force.
Nfr. Stevenson was asked if 'r. Spencer was willing ?o r --
sell a strip of land to him, and if he was willing to pur-
chase it to make t?,e lot 75 foot frontage and 7,500 square
feet in area. Mr. Stevenson st2.ted that he would be willing
to if he could get it. Mr. Spencer was not present at the
meeting.
Mr. '"illiam R. Greeley askedif this sale was made on
May 1st, 1929, and was prior to the date that the law went
into effect, whether or not it was legal to build on a
65 foot frontage lot. He was informedthat the lot was
sub -divided after the law was passed, but that the date of
agreement of the sale was made on May 1st, 1929, and the
papers were not passed until June 1, 1929, and this was the
date of the division of the property. Mr. Greeley stated
that if the petitioner had not tried to buy a strip of land,
he was opposed to breaking down the law unless he has made
an effort to purchase the strip, and finds that he can not
do so.
No other persons spoke in favor or against the proposition,
and it was therefor decided to close the hearing.
Hearing was declared open at 8:44 P. M. upon the appli- Whipple
cation of Paul L. 'Whipple of Marlborough asking for permiss- hearing.
ion to erect a garage within the twenty foot set -back called
for in the Zoning Law, on premises bought by him at 13
Belfry Terrace.
Mr. Whipple was present, and stated that he purchased
this place for <, home, a.nd that it seemed to rim to be the
only place available to put P garage, inasmuch as in the
bac>> of the rouse there are two apple treesand he also
wanted to have a flower garden in the rear of the remises.
He felt that the proposed location marker' onhis nlen to be
the least conspicuous place on the property because there
are trees there and it would be hidden. Le intended building
a single car garage.
Mr. William R. Greeley asked if. it would be possible to
put the r=arege further bac'' on the other side of the house.
Mr. "Thipple felt that it could be put back ten feet. The
location is near the wire fence and where the bushes :are
locatedon the lot. Hewanted the gar^ge down on tho street
level. Yr. Greeley stated that he was opposed because he
did not see any hardship, and that there is room at the side
of the house, and there is room on the back of the land, and
it could he built connecting with the house, 'nd thet he
dial not feed that the law should be v aried except in cases of
har'srip. He alsofeltthat there is a cellar and back
porch and with some study a garage might be placedunder the
porch.
Mr. Prescott E. French of 51 Gleason Street, Medford,
asked what kind. of material it was intendedto build the
garage of. Be was informed by Mr. ''Whipple that he intended
to have a steel clapboard garage.. Mr. French stated that he
owned 10,000 feet of land directly opposite, and he objected
to the location because he thought it would be unsightly.
Furthermore, from evidence that Mr. "!hipple gave it was found
11
.r
19
Meeting
Aug. 1.
Hilton
matter.
that there is .a clearance of 8 feet, and he did not see any
hardship for him to use a driveway of 8 feet, inasmuch as
he had one himself and he did not have any hardship in getting
in or out of it.
Mr. John F. Tibbetts, Building Inspector, stated that
he did not believe that he would grant a permit for a garage
of steel clapboard construction. It would have to be
concrete blocks, cement, or stone.
Mr. Whipple stated that he planned to put in plantings
that would entirely cover the garage.
Mr. French objected, however, to the view of the door
of the garage. Mr. Whipple stated that he felt that most of
the people have to stare at the door of 'a ger^ge in most
any loc!tion today.
No further evidence having been presentedthe hearing
adjourned at 8:57 P. M.
After considerable discussion of the evidence presented
in the hearing on the application of Minnie B. Stevenson,
and Yr. Stevenson having returned and stated that he had been
endeavoring to obtain his written agreements and also to
communicate with Mr. Spencer so that he could find out
whether or not he would be willing to sell him the land, it
was decided to lay this matter upon the table awaiting such
time as Mr. Stevenson could present his evidence,'and also
that the Board might have an opportunity to view the premises
and secure the opinion of the Town Counsel as to whether or
not the sale agreement could be considered a sale.
In regard to the evidence presented in the Whipple
case, Mr. Baldrey and Mr. Custance stated that they had
visited the premises and viewed the situation. The other
members of the Board felt that they should also do this in
fairness tor. Whipple, and voted to lay the matter upon
the table.
It was decided to hold a meeting on Thursday, August lst,
provided the Chairman of the Board could be present at that
time.
In regard to the appliention of Olive E. Hilton, Extrix.
of the Estate of Minnie E Tilson, it was decided to
incorrorate other evidence in the order prepared for the
findings of the Board, and to have the order ready for
signature at the next meeting.
The meeting adjourned at 10:25 P. M.
A true record, Attest:
Clerk.
See Page 7.
The 'hoard of Appeals, acting under General Laws, Chapter 40,
sec. 27, having received a written petition addressed to it by
Olive E. H,lton, executrix, Estate of Minnie A. Tillson, 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 ad-
vertised in the Lexington Times -Minute Man, a newspaper
published in Lexington, which hearing was held in the Select-
men's room in the Town Office Building on Monday, the first
day of July, 1929 at eight o'clock P. M. A majority of the
members of the Board of Anneals were present at the hearing.
A certificate of notice is hereto annexed. At this hearing
evidence was offered on behalf of the petitioners tending
to show that the building which they proposed to use if
located. in Lexington at the corner of t ass°chusetts Avenue
and Plainfield Street; that the building now on the premises
can be used for an Inn without external alteration and that
only a two -car garage is to be built, and evidence was offered
on behalf of citizens opposing the granting of the said
petition tending to show: -
1. That in their judgment the house was of such tyle
and construction that it could readily be used for the
purpose intended within. that zone, and no harr'ship would be
created ur^n the owners by asking them to use it as such;
that if the variance were granted it would tend to depreciate
other property in the neighborhood.
2. That in their judgment, the rublic convenience and
welfare will be materially affected by the making 6f this
exception and allowing the use of this building as an Inn to
accommodate tourists, as it would create additional traffic
hazard at a corner already badly congested.
3. That all wtnesses were objectors.
At the close of 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.
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 r,-rposes and: intent of the regulations in the
Lexington Zoning By -Law.
4. That tie enforcement of the Lexington Zonint'; Py -law
as to the locus in question would not involve practical diffi-
culty and unnecessary hardship and the relief r quested may not
-L I
Hilton
Order,
be granted without substantially derogating from the intent
and purpose of such Lexington Zoning By-law.
Pursuant to said findings, the Board. hereby denies the
said petition of Olive E. Hilton, Executrix, Estate of Minnie
A. Tillson of Lexington, to vary the apnlic tion. of the Lexington
Zoning By-law and instructs the Inspector of Buildings of
Lexington not to grant a permit therefor.
The Board hereby makes a. detailed recordof a ll its
proceedings relative to such petition and hereby sets forth
that the reasons 'or its decision are its findings herein-
before set forth and the. testimony Pres-nted at the said
hearing, including thst herein summarized, anddirects 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 this decision
shall be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LEXI CTON
(Appointed under G. L. Ch. 40, sec. 27)
Theodore A. Custance
Arthur N.i:addison
Curlys L. Slocum
C. Edward Glynn
Roland 7. Baldrey.
I, Roland ';'I. Baldrey, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section
27, hereby certify that 1' sent by registeredmail on the sixth
day of June, 1929 to Edward "I. & Esther S. Baker, Florence
M. Daniels, Cha,les H. Lowe, John ':. &. Bri'get M. Cotter,
Aleah E. ^Tnessa, Esther B. Lee, Concetta Tedesco, Gertrude
Pireee et al, ^rthur D. Gossom, Mary IlcAvin, ^'orse L. "'al'"er,
Anna L. OtHearn, George Sweetland, Johanna Kennedy, "'illiam
F. Fletcher, Charles TT, Spaulding:, "illiam N. Rotbins, James
R. L-ith, Edward F. buttrick, Nelson Jenney, •Ioseph Trani,
Louis Clara Reynolds, Frank P. Peirce, Roland &. Edna
Baldrey, Tames Ya "artha 'olt, Daniel :. and Jane P. Knight,
lvietropoliten `'illlr.p; eta+ion Inc., Jennie ';'. Sylvester, et al,
James L. Flora Doyle, Ethel Glidden, Louise Edgar, Jamez
Truran, Fred F. r'oulton, Mabel A. Rothschi'd, Lydia E. —Keaton
heirs of, Otis 11. lerry, Edward G. R. Vera C. '":'heaton, Hubert
V. & Verona C. Coryell, Elizabeth J. Nunn, Francis F. Gray,
Kate E. Thomnson, Albert G. Ross, Annie Pierce, Tohn E. &
Josenh.ine R. Kennedy, Francis L. Buttrick, Herbert F. Howland,
heirs of, Eva ",F. Ridgeway, James G. Robertson, ''Iilliam Fs.
Foster, erbert 7. "rury, Edna B. Atwood, Luther R. & nnie
n Putney, Fred C Earle, ','iilson E. Leis'hton, I<'innie .
lilliken, c'+ward T'Iohtague, ;Mary ",'. -uffy, Martin & Catherine
Casey, Edward L. T'ler, Charles P. In_nlstine, Helen ' iggins,
1
Minnie L. cyder, Maria Cosgrove , -heirs of, ,rthur L. Tyler,
Charles H. & Eliza i. ^-ofield, Emily L. Nelles, ^:_(olrhus
F. Guerke and Minnie Tillson and also 'ublishedin the
Lexing' on Times -Minute Man on June 7, 1929, a notice of which
the following is a true copy.
NO TICE
Lexington, Mass.
June 5, 1929
The Board of Appeals will hold_ a hearing,; on the matter
of varying the pplication of the zoning law by rerritting the
use of the property situate' on the Bout;'- -east corner of
Massachusetts Avenue and Plainfield Street, and owned by
Olive L. }Tilton, Executrix, Estate of Minnie A. Tillson as
an Inn to ?ccommodate tourists, in Qecordance with sub -section
2 in R. 2 -'istricts, and Section 9 of the Zoning Law of the
Town o" Lexing,ton, and Chapter 133 of the Pcts of 1924.
The hearinr:will be held_ on June 21, 192.9 t 8:00 P. 7.
at the SelecH en's Office, Town Office Building.
Theodore A. Custance,
Member of the Board of A.r!peals.
Roland W. Baldrey
Clem.
NOTICE OE'„Rr^;,,C� -NTG OF OLIVE E _ l?1OtAPPLICATION.
'TION.
The hearing called on the application of Olive E. Hilton,
Executrix, Estate of Minnie Tillson June 21 at 8 P. ;;:
Tow- Office 1`-%-zilding has been adjourned to July 1, 1929 at
the Belectments Office, Town Office Puilding at 8 P. M.
MEETING, AUGUST 1, 1929
A meeting of the Board of Appeals was held at the
:selectmen's Room, Town Office Building at 8 P. M. Messrs.
Arthur N. naddison, Roland Baldrey, Theodore A.. Custance,
C. Edward. Glynn and Curlys Slocum were present. Helen C.
Whittemore was also present.
The Board viewed the premises of Paul Whipple, 13 Belfry Premises
Terrace, and Minnie B. Stevenson, Vine Brook Road, so that they viewed.
would be familiar with the matters to be discussed at this
meeting.
The following order was signed relative to the decision
made on July 1, 1929 on the application of Olive E. Hilton,
Extrix., Estate of Minnie A. Tillson. (See page 13.)
Tillson
order.
Stevenson
hearing.
It was voted, that the hearing on the petition of
r,"in.nie B. Stevenson be re -opened.
Mr. Matthew Stevenson and Mr. Richard. J. Spen^er came
before the Board at 8:30 P. Y. and discussed the application
of Minnie B. Stevenson.
Mr. Spencer stated that he refusedto sell a ten foot
strip of Land to Mr. .Dtevenson as it would take Hart of
his barn and interfere with the proper development of his lot
which is part business and part residence. From the evidence
presented it appears that the agreement of sale was signed
on May 20, 1929 and th- papers passed on June 12, 1929.
The hearing was closed, and the matter laid upon the table.
Whipnle The Board discussed the application.. of Paul Whipple and
permit after viewing the evidence presented, decided to refuse the
refused. application as there is ample opportunity to so place the
garage that it will comply with the Zoning requirements, and
if at some future time n street i': extended, as is very
probable, it would be very unsightly to have the garage
so near the street line.
A true record; Attest:
QA,
Clerk.