HomeMy WebLinkAbout1929-08-1617
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.
Messrs. 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 discussed 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 recorded the deed
after completion of the publication of the amended
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:
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1. That in its judgment the public convenience
and erelfare 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 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
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
(Appointed under G. L. Ch. 40, sec. 27.)
Arthur N. Maddison
Theodore 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 llth 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. O'Halloran 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
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B. Httchinson, 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, 1929.
The Board of Appeals 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 Zaning
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's Office, Town Office Building.
Roland W. Baldrey,
Secretary, Board of Appeals.
Cler .
Lexington, Mass.
July 9, 1929.
Board of Appeals
Lexington, Mass.
Gentlemen:-
Being
entlemen:-Being aggrieved by the decision 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 the 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.
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Whipple
order.
The Board took up the refusal of Paul Whipple
and signed the following decision:
The Board of Appeals, acting under General
Laws, Chapter 40, sec. 27, having received a written
petition addressed to it by Paul 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
in Lexington, which hearing was held in the Selectmen's
Room, in the Town Office Building on the 26th day
of July 1929 at 8:44 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 buildiwould be located within the limits of the
twenty foot set -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
depteciate 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 yyted 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.
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3. That the exception requested will not be
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 without
substantially derogating from the intent and purpose
of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby
denies thesaid 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 narized, 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 tanc 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, 1929 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
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.
RoiInd W. Baldrey
Secretary, Board of Appeals.
Mr. Roland W. Baldrey
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
garage about 5 ft. from the street but
a dead end street and the garage would
extreme end I feel that there could be
objection to the proposed location.
bring the
as this is
be at the
no great
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.
19 Hayden St.
Marlboro, Mass.
July 7, 1929
Attest:
Very truly yours,
Paul Whipple
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