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HomeMy WebLinkAbout1929-08-16 17 MEETING - AUGUST 18, 1929. A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building at 8 P.M. Mea rs. Roland W. Baldrey, Theodore A. Custance, C. Edward Glynn, and Arthur N. Maddison were present. Helen C.Whittemore was also present . Town Counsel, Syd ey R. Wrightington was also present. The Board took up the refusal of the appeal of Minnie B. Stevenson. Mr. C. Edward Glynn moved that the petition of Minnie B. Stevenson for permission to use a lot located on Vine Brook Road which contains less than 7,500 square feet in area to build a dwelling thereon, be denied. Stevenson The Board disca.ssed the matter from va-ious angles. hearing. The question of establishing a building line on Waltham Street and Vine Brook Road over the business district was also considered. The Board felt that this was some- thing that the Planning Board should consider. After consideration the Board voted to deny the petition of Minnie B. Stevenson and passed the following order: The Board of Appeals , acting under General Laws, Chapter 40, sec. 27, having received a written petition Order . addressed to it by Minnie B. Stevenson, 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 advertised in the Lexington Times- Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen 's Room in the Town Office Building on the 26th day of July 1929 at 8 00 o 'clock P.M. A majority of the members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At a meeting of the Board duly called and held in the Selectmen's Room, Town Office Building on August 1, 1929 at eight P.M. , at which a majority of the Board were present , further evidence was received from the petitioner. At these hearings evidence was offered on the part of the petitioner tending to show that the petitioner, owning a large lot sold the major portion of it and rr corc ed the deed after eompletic n of the publication of the arnended Zoning Law and that he had not reserved for himself sufficient land to provide the frontage and area re- quired for a lot in a residential district under the amended Zoning Law. At a meeting of the Board duly called and held in the Selectmen 's Room of the Town Office Building on August 16, 1929 at 7 30 P.M. at which a majority of the Board were present , the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings : 18 1. That in its judgment the public convenience .,, and velfare 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 purposes and intent of the regulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of Minnie B. Stevenson of Lexington to vary the application of the Lexington Zoning By-law and instructs tie Inspector of Buildings of Lexington not to grant a permit there for. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs 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 LEXINGTON (Appot_nted under G. L. Ch. 40 , sec. 27. ) Arthur N. Maddison Theo dor e A. Custance C. Edward Glynn Roland W. Baldrey I, Roland W. 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 11th day of July 1929 to Benjamin F. & Mildred P. Groot, Lex. Real Estate Trust , Robert L. Ryder, Tr., Antoninette Gardner, Beatrice F. Morse, Charles W. Ryder, James J. & Lucy D. Walsh , Blanche T. Nilson, Emma T. Pring, Anne F. Rudd, Dr. Henry C. Valentine , Florence L. Willard, Gertrude E. Mitchell, Anstiss S. Hunt et al, Ellen E. Locke , Eimna J. Clow, Minnie B. Stevenson, Emily Franks, Charles H. Franks et al , Bridget Leary, Sarah E. Comley et al, Freda R. & Minnie C. Bond, George W. & Florence M. Sargent, James F. OfHalloran Heirs of, Sebastiano Nicci, George H. Peterson, Harry M. Aldrich, Perley C. Tibbetts, Margaret M. Gallagher, Joseph H. Hurley and Thatcher Jenney, and on the 13th day of July 1929 to Maria 19 B. Hutchinson, Mary S. Valentine and Alice M. McCarthy and also published in the Lexington Times - ' Minute Man on July 12 , 1929 a notice of which the following is a true copy: NOTICE Lexington, Mass . July 11, 192 9. The Board of A-peils will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of lot owned by Minnie B. Stevenson of Lexington, for a dwelling, in ac- cordance with Section 6 and Section 9 of the Zoning Law of the Town of Lexington and Chapter 133 of the Acts of 1924. The hearing will be held July 26, 1929 at 8 P.M. at the Selectmen I s Office, Town Office Buildin g. Roland W. Baldrey , Secretary, Board o f Appeals. Cler17 Lexington, Mass . July 9, 1929. Board of Appeals Lexington, Mass. Gentlemen : - Being entlemen : - Being aggrieved by the decis ion of the Building Inspector upon my application for a permit to build a one-family dwelling house on lot on Vine Brook Road, Lexington, containing 6,640 feet, I hereby appeal from his decision to the Board of Appeals believing that an exception from the ruling of the Building Inspector will not tend to impair the status of the neighborhood, and ask that you vary the application of the regulations as provided under Section 6 of the Zoning Law. My reasons for making this application are that I formerly owned property facing on Waltham Street which is connected with the property above referred to. Having sold 13 ,380 feet which is the proper amount of land to go with t:e buildings which are located thereon, I reserved the balance of it so that I might be able to build a house on it for myself. I feel that this will not affect the status of the neigh- borhood, and will appreciate your favorable consideration of this matter. Very truly yours, Minnie B. Stevenson. 20 The Board took up the refusal of Paul Whipple Z.* and signed the following decision The Board of Appeals , acting under General Laws, Chapter 40, sec. 27, havin;:17 received a written petition addressed to it by Pail Whipple, 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 advertised in the Lexington Times-Minute Man, a newspaper published Whipple in Lexington, which hearing was held in the Selectmen's order. Room, in the Town Office Building on the 26th day of July 1929 at 8:44 P1M. A majority of the members of the Board of Appeals were present at the hearing . A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the pe- titioner tending to show: 1. That the single car garage which he intended to build would be located within the limits of the twenty foot sr't-back required by the Zoning Law on Belfry Terrace. 2. That the building if placed on the rear of this lot would interfere with fruit trees and garden which the petitioner desires to preserve. 3. That to his mind this location would be the most inconspicuous. 4. That the construction of the garage would be steel clapboard. and evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: 1. That in their judgment a garage could be located on the rear of Mr. Whipple 's premises , and no hardship would be created upon the owner by asking him to locate the garage in another location that if the variance were granted, it would tend to depreciate other property in the neighborhood. 2. That all witnesses were objectors. At the close of a hearing held August 1st 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. 9 3. That the exception requested will not b- in harmony with the general purposes and intent of the regu7 ations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted witho .zt substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of Paul Whipple of Marlboro , Mass. , to vary the application 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 record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein su miarized, and directs that this record immediately folowing 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 LEXINGTON . (Appointed under G. L. Ch. 40, sec. 27 . ) Arthur N. Maddison Roland W. Baldrey Theodore A. Cus tans e C. Edward Glynn I, Roland W. 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 12th day of July, 1929 to Paul Whipple, Clara W. Harrington, Parrish of the Church of Our Redeemer, George H. Streeter, Winthrop W. & Lois I. Harrington, Rockwell C. & Mildred Tenney, Marcia H. Glidden, William R. Greeley, Elizabeth M. Riley, Evelyn W. White, Roy A. Ferguson, Fred A. & Walter M. Stankard, Julius Seltzer, Raymond L. & Hazel E. Nickerson, Prescott E. & Clara M. French, Lydia J. Ferguson, and Arthur W. & Ida B. Hatch, and also published in the Lexington Times-Minute Man on July 12, 1329 a notice of which the following is a true copy ' NOTICE Lexington, Mass . July 11, 1929. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the erection of a building on land 9 situated on Belfry Terrace and owned by one Paul Whipple, 19 Hayden Street, Marlboro , Mass. for use as a private garage, in accordance with Section 7 and Section 9 of the Zoning Law of the Town of Lexington, and Chapter 133 of the Acts of 1924. The hearing will be held on July 26, 1929 at 8:15 P.M. at the Selectmen 's Office, Town Office Building. Round W. Baldrey Secretary, Board of Appeals . . . . : .. Mr. Roland W. Bal drey Secretary, Board of Appeals Lexington, Mass . Dear Sir In applying for a garage permit at 13 Belfry Terrace, Mr. Tibbetts advises that the law requires it to be 20 ft. from the street. The only available location would bring the garage about 5 ft . from the street but as this is a dead end street and the garage would be at the extreme end I feel that there could be no great objection to the proposed location. Attached is a plan showing the surroundings and proposed location . Will you kindly advise what steps it is necessary for one to take to apply for a special permit for it. Very truly yours , Paul Whipple 19 Hayden St. Marlboro, Mass . July 7, 1929 Attest Clerk