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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.