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HomeMy WebLinkAbout1929-07-26 In l'!IrTING, JULY 26 , 1929 A meting of the Board of Arreals was heir' at the ,,electmen 's `loom, Town Office Building at 8 P. . Messrs . Roland . Baldry; `-'? eodore A. Custance, C. Edward Glynn, and Curlys Slocum were present. Helen C 'hittemore was also present. The Chairman of the Board, Arthur N. Maddison, being bsent Mr. Theodore A. Custance was nominated Chairman of the meeting. Stevenson hearing. Hearing was c.zlled 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 abutters and to the local newspaper, giving notice of the hearing held this evening. Mr. Matthew Stevenson stated. that he apre-red for the petitioner. He is no ^r li -ing in the rear of 21 Oakland Street. Mr. Stevenson r•sve as his principal reason for making tY 's appli^rat ion that the lot anon which he intends to huild "a,s a front^^e of feet, and th^t this is all the lance he coul.a get on the specified lot. Mr. Stevenson stated that he had formerly owned the Whole lot, and he had sold part of the lot to Richard J. Spencer. The whole lot contained approximately 19 ,340 saua •e feet. 'hen asked w,- y he established the line as he did, he stated that he was unable to obtain lan9 or account of the barn when he negotiated the sale, wl' ich was made about -ay 1st The transfer of the papers was not made until the 12th of June , 1"29. lie intended to build a home upon this lot. Then asked low far the line of this lot is from the building on yhe other property, ? e st ted that it was about 10 feet. then asked if he wis familiar with thle new regulations regarding the size of the lot at the time of the sale , he stated that ro called 'rr. ,illiam S cc.amman , curt. of Public Works, an he told him of the situation, and Mr. Scamman said that it Nould be ail right. "Ten 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 stated that he had not. Suggestion was made that he run the line at ^ slight angle in order to include enough land to give himthe desired amount, making the lot a little wider in the 'Tont. As'red what gave him the impression that Mr. Scamman was the 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 Buildin' lrsnector, John F. Tibbetts , informed the meeting that Mr. Scamman told Mr. Stevenson this before the law was in force. 1 Mr "tezrenson was asked if yr. Spencer was willing n =- sell a strip of land to him, and if he was willing to pur- chase it to make the lot 75 foot frontage and 7,500 square feet in area. Mr. Stevenson stated that he would be willing to if he could get it Mr. Spencer was not present at the meeting. Mr. ;illiam R. Greeley asked if 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 informed that the lot was sub-divided after the law was passed, but that the ?.ate of agreement cf 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 stip, 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 , and that it seemed to him to be the II only place available to put a garage , inasmuch a'! in the bacl, of the rouse there are two a -nle trees and he also wanted to have e flower garden in the rear of the r emises He felt that the proposed location marker' on his nlln to be the least conspicuous place on the property because there are trees there and it would be hidden. Ile intended building a single car garage . Yr. William R. Greeley asked if it would be possible to put the garage further bac'> on the other side of the house. Mr. Tipple felt that it could be put back ten feet The location is near the wire fence and where the bushes ,ere located on the lot. Hewanted the garage down on tha street level. Mr. Greeley st^ter' 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 bac of the lend , and it could he built connecting °lith the house , and that he did not feed that the law should be v aried except in cases of bar ship He also felt that there is a cellar and back porch and with some study a garage might be placed under the porch Mr. Prescott E. French of 51 Gleason Street , Medford, asked what 'mind of material it was intended to build the garage of. Be was informed by Mr. 'hippie that he intended to have a steel elapboard garage . Mr. French stated that he IIowned 10,000 feet of lan-1 directly opposite , and he objected to the to^ation because he thought it would be unsightly. Furthermore , from evidence that Mr . "rhipple gave it was found w." sr that there is a clearance of 8 feet, and he did rot 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 "hippie stated that he felt that most of the people have to stare at the door of a gar^ge in most any location today. No further evidence having been presented the hearing adjourned at 8 57 P. M. After considerable discussion of the evidence presentee in the hearing on the application of Minnie B. Stevenson, and Yr. Stevenson having returned and st"ted that he had been endeavoring to obtain his written agreements and also to communicate with Mr. Snencer 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 to Yr. 'Whipple , and voted to lay the matter upon the table. Meeting It Was decided to hold a meeting on Thursday, August 1st, Aug 1. provided the Chairman of the Board could be present at that time. In regard to the application of alive E. Hilton, Extrix. ' Hilton of the Estate of Minnie E. Tilson, it was decided to incorporate other evidence in the order prepared for the matter. 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 'koard of Appeals , acting under renernl Laws , Ch°pter 40, sec 27 , having received a written petition addressed to it by Olive E. H lton Executrix, Estate of Minnie r+. Tillson, a copy Hilton of which is hereto annexed , held a public hearing thereon of which notice was mailed to the netiticner and to the owners Order, of ell property deemed by the Board to be affected thereby as they ,,pnear on the -cost recent local tax list, end also ad- , vertised in the Lexington Times-Minute Man, a newspaper publi hed 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 eic;ht o ' clock P. M. A majority of the memters of the Board of Arneals were present at the hearing 4 certificate of notice i hereto annexed. At this hearing evidence was offerer on behalf of the petiti-ners tending to show that the building vti,ich they proposed to use if located in LeTington at the corner of ''pass chusetts Avenue and Plainfield Street; that the buildinc no,r on the premises can be used for an Inn without e -ternal alteraFion aid that only e two-car garage is to be built, and evidence wa offered on behalf of citizens opposing the granting of the sai' petition tending to sh w - 1. That in their judgment the rouse was of such tyle and construction that it could readll-T be used for the nurpose intended within that lone , Wind no har, ship would ,e created urn The owners by asking them to use it as such that if the variance were granted it would tend to depreciate other prorerty in the neighborhood. 2. That in their u^'gment , the public convenience and welfare will be materially offected by the making 6f this exception and elloving the use of this building as an Inn to accommodate tourists , as it would create additional traffic hazard at a corner already baaly ^ongested. 3. That all w tnesses were objectors . t 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 )-rposes ^nd intent of the regulations in the Lexington toning By-Law. 4. That the erf'orcr-ment of the Lexington Zonint. By-law as to the lo-us in question wouli not involve practical aiffi- cultv and unnecessary hardsl-ip an the relief r quested may not 114 be granted without substantially derogating from the intent and purpose of such Lexington Zoning B7--law. Pursuant to said findings, the Board hereby denies the said netition of Olive E. Hilton, Executrix, Estate of Minnie A Tillson of Lexington, to Shari, the apnlic tior of the Lexington -"ening By-law and instructs the Inspector of Buildings of Lexington not to grant a permit t'-erefor. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the »easons or its decision are its findings herein- before set forth and the testimony pres ,nted at the said hearing, including th -t herein summarized, and directs that this record immediately following this decision shall be filet 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 APPEAL,, OF LEXI ETON ( Appointed under G L Ch. 40, sec. 27 ) Theodore A. Custance Arthur Id ...addison Curlys L Slocum C. Edward Glynn Roland "r. Baldrey. I , Roland 'I. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, ,Section 27 , hereby certify that I sent by registered mail on the sixth day of June , 1929 to Edward Fr Esther S Balzer, Florence M. Daniels, Cha les H. Lowe, Tohn _d P, Bri'get 7. Cotter, Aleah F r . nessa, Esther B. Lee , Concetta Tedesco, Gertrude Pireee et al , rthur D. Gossom, Mary i,jrsAvin, Worse L. '" crier, Anna L. OtHearn, George Sweetlana, Tohanna uennedy, '"'illiam F. Fletcher Charles H. Sha _tlain illiam N RoThins , Tames R. i+� Edward F Buttrick, Nelson . Tenno7r, 'senh Trani, Louis T. °i. Cl''r' heynolds , Fran'; D Peirce , Roland 9 Edna Baldrey, Tames &. "ertlha 'olt Daniel '. and Jane P Knight, ieetropoliten `'il lire• ,,tn4-ion Inc , Jennie n . J_ylirester, et el, Tames L. Pr, ,'lore Doyle, Ethel ' Glidden, Louise Edgar, James Truran, Fred P ' oulton i+iebel A Rothschi' d, L-dia E •heaton heirs of , Otis L erry, Edward G u Vera r "heaton, Hubert I ? Verona C Coryell, Elizabeth T. Nunn, Francis F. Gray, Kate E. Thompson, qlbert G. Ross , Annie Pierce, Tohn E. & Tosophine R Kennedy, Francis L Buttrick, Herbert F. Howland, heirs of Eva ",F. Ridgeway, James G. Robertson, illiam B. Foster, Herbert i "rury, Edna H. At-ood, Luther R. Fc 'nnie n Putne-,-, Fred C. Earle ilson E Lei 'hton, I'innie ". illiken, sward "'oxitague , ;;ary . eaffy , ^,;actin 9 Catherine Casey, Edwar L. T ler, Charles F V lstine, Helen ,iggins, Minnie L . Tyrer, Maria r'rurrnve, heirs of, rthur L. Tyler, Charles H. R. Eliza 1s. ' c'-ofielr, Emily L. 17, Nelles, ()olnhus F. Ouerlre and Minnie A Tillson an al o ublished in the Lexing' on Tines-Minute Man on June 7, 1929, a notice of which the following is a true copy. NO t I C E Lexington, Mass. June 5, 1929 The Board of L,npeals will hnld a hearing on the matter of varying the epplir 'tion of the zonig law by per-rifting the use of the property situnted on the snu`,,eas'- co^ne" of Massachusetts +'.venue and Plainfield Street, and owned by Olive E. Hilton, Executrix, Estate of Minnie A Tillson as an Inn to accommodate tourists , in gecordance with sub-section 2 in R 2 districts , and Section 9 of the Toning Law of the Town o" Lexinp'ton, and Chapter T73 o" the Acts of 1924. The be.arin will be held on June 21, 192.9 et 8 00 P. . at the Selec'n^en 's Office , Town office Building. Theodore ' "ustance, Member of the Board of Arpeals. Roland W. Baldrey. . . • " . . . Cle�rfc.. • . • • Nn TI(''E OF ^ +n T�ping ''T", (, -- � I,,. flF T i ,.T � 1-r �"� L ;.� _ �� r OLIVE E 1 10 � CLIC _i ION. The hearing called on the apnlination of Olive L Hilton, Executrix, Estate of Minrie Tillson, June 21 at 8 P „ , Towr office LTilding has been adjourned to July 1, 1929 at the gel ectmen t s Office, Town Office Building at 8 P M. MEETING, AUGUST 1, 1929 4 meeting of the Boar' of Appeals was held at the selectmen's Room, Town office Building at 8 P. M. Messrs . Arthur N. Meddison, Roland Baldrey, Theodore 4. 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 Trrace, and Minnie B. Stevenson, Vine Brook Road, so that they viewed. II would be familiar with the matters to be discussed et this meeting. The following order was signed relative to the decision Tillson made on July 1, 1929 on the annlication of Olive E. Hilto-, , order. Extrix. , Estate of Minnie A. Tillson. ( See page 13. ) rl CZ S. 0 Steven'on hearing . It was voted, that the hearing on the petition of minnie B Stevenson be re-opened. Mr. latthew ,)tevenson and kr. Richard J. Spen 'er came before the Board at 8 70 F . Y. and discussed the application of Minnie B. Stevenson Mr. Spencer stated that he refused to sell a ten foot strip of lana to Mr. ,3teven. on as it would take nart of his barn and interfere with the proper development of his lot which is nart 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, an-a the matter laid upon the table. Whipple The Board discussed the application of Paul Whipple and permit after viewing the evidence presented , decided to refuse the refused. apnlication as there is ample opportunity to so place the garage that it will comply with the Zoning requirements , and if a some future time a 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 Qi) .L.8 l � '(��` J Clerk.