HomeMy WebLinkAbout1929-10-04 ro
BOARD OF APPEALS MEETING - OCTOBER 4, 1929.
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A meeting of the Board of Appeals was held
at the Selectmen' s Room, Town Office Building at 8
P.M. Messrs. A. N. Maddison, Chairman, Roland W.
Baldrey, Clerk, C. Edward Glynn and T. A. Custance
were present. Helen C. Whittemore was also present.
M.Stevenson Mr. Matthew Stevenson appeared on behalf of
Mrs . Minnie B. Stevenson. Mr. Stevenson informed
hearing. the Board that through an arrangement with the Bank
he was able to secure a five foot strip of land
from property purchasedfrom him by Richard J.
Spencer, making his lot with a frontage of 70 '
and a depth of 102 ' . This brought his lot line within
3 ' of the barn on the Spencer property. He also
endeavored to purchase some land from Dr. Henry C.
Valentine, but Dr. Valentine would not sell inasmuch
as he desires the lot to build a home upon for his son.
Mr. Stevenson stated that the house was to be
set upon the lot with a 30 ' set back, that being 10 '
more than required in the Zoning Law, and that the
house would be probably at least 30' from the barn.
He was to place his driveway between the barn and
his own house. It appeared also that the barn was
closer than 3 ' to the other lot line parallel with
Vine Brook Road. Mr. Stevenson stated that he
intended to build n garage on his premises.
No objectors were present.
After hearing the evidence presented. by Mr.
Stevenson on behalf of Minnie B. Stevenson it was
"Voted to vary the Zoning Law by granting permission
to Minnie B. Stevenson to use lot #4 on Vine Brook
Roadto erect a dwelling thereon, provided said lot
has a frontage of not less than 70' and an area of
not less than 7000 ' and the house be set back not
less than 30' from the line of Vine Brook Road. "
All members of the Board being present and voting
in favor , signed the following order:
The Board of Appeals, acting under General Laws ,
Chapter 40, sec. 27, having received a written petition
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 new paper published in Lexington, which
hearing was held in the Selectmen 's Room in the Town
Office Building on Friday, the fourth day of October
1929 at eight o 'clock P:M. All five members of the Board
of Appeals were present at the hearing. A certificate
of notice is hereto annexed. At this hearing evidence
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was offered on behalf of the petitioner tending to
show that she is unable to secure land which will
make her lot more than seventy (70 ) feet in frontage
and approximately seven thousand (7000) feet in area.
No evidende was offered on behalf of citizens
opposing the granting of the said petition.
At the close of the hearing the Board in private
session gave consideration to the subject of the petition
andvoted unanimously in favor of the following findings :
1. That in its judgment the public convenience
and welfare will be substantially served by the making
of the exception requested.
2. That the exception requested will not tend
to impair the status of the neighborhood.
3. That the exception requested will 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 involve practical
difficulty and unnecessary hardship and the relief
requested may be granted without substantially derogating
from the intent and purpose of such Lexington Zoning Ry-law.
Pursuant to the said findings , the Board hereby
unanimously decides that the application of the said
Lexington Zoning By-law is hereby varied so far as may
be necessary to permit Minnie B. Stevenson of Lexington
to erect a dwelling on her lot, #4 Vine Brook Road,
provided said lot has a frontage of not less than
seventy (70) feet and an area of not less than seven
thousand ( 7000) feet and the house be set back not
less than thirty (30 ) feet from the line of Vine Brook
Road, and instructs the Inspector of Buildings of
Lexington 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 Harty in interest.
Board of Appeals of Levington
(Appointed under G.L. Ch. 40,Sec. 27 )
Arthur N. Maddison
Roland w. Baldre+y
Theodore A. Custance
C. Edward Glynn
Curlys Slocum.
6 c.?
010.
I, Roland W. Baldrey, Clerk of the Board of
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Appeals of Lexington, appointed under General Laws,
Chapter 40, section 27, hereby certify that I sent
by registered mail on September 19, 1929 to Mrs.
Minnie B. Stevenson, Perley C. Tibbetts, Margaret M.
Gallagher, Joseph J. Hurley, Thatcher Jenney,
Benjamin F. & Mildred P. Groot, Lexington Real Estate
Trust , Robert L. Ryder, Tr. ,Beatrice F. Morse ,
Antoninette Gardner, Charles W. Ryder, James J &
Lucy D. Walsh, Blanche N a = T, o
Anne F. Rudd, Dr. Henr r�`a`��e l . _ a 's• Valentine
Hutchinson, Alice M. Mc Carthy, Ger rude E. Mitchell,
Anstiss S. Hunt et al, Ellen E. Locke, Emma J. Clow,
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 Nicol, harry M. Aldrich , and
also published in the Lexington Times- Minute Man on
September 20, 1929 a notice of which the following is
a true copy.
Roland 7. Baldrey.
Clerk.
Board of Appeals
Town of Lexington
Massachusetts
Gentlemen:
I wish to make a new application for another
hearing of my case. Through the courtesy of the
Savings Bank they have given Mr. Spencer permission
to sell five feet more land which is all that I can
possibly get which will cost me double what it is
really worth. If this hearing is granted I will comply
with the regulation fee to cover expense, etc.
Yours truly,
M. Stevenson, acting for
Minnie Stevenson.
NOTICE
Lexington, Mass.
Sept. 18, 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 accordance
with Section 6 and Section 9 of the Zoning Law of the
Town of Lexington and Chapter 133 of the Acts of 1924.
I ',
27
The hearing will be held. October 4 , 1929 at 8 P.M.
at the Selectmen' s R"om, Town Office Building.
Roland W. Bal9rey
Clerk, Board of Appeals .
• Application was received from Anthony Ross & Son
by Charles H. Schofield. & Co. appealing from the decision
of the Building Inspector for refusal of permission
to erect a one story building to be used as a storage A. Ross &
place for contractorts equipment on lot located on Son appli.
Lake Street, as shown on plan recorded in South
Middlesex Registry of Deeds under certificate of
Registered Title #23535 Book 159, page 273 and containing
14,697 square feet.
The Board after viewing the Zoning By-law,
voted to send a letter to the applicant advising him
that the Board of Appeals lacks the authority to
grant a hearing on the anrlication, inasmuch as thts
use is not oPrmitte,' in an R.2 district .
The meeting adjourned at 8:40 P.M.
A true record, attest:
Clerk .
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