HomeMy WebLinkAbout1934-01-191
MEETING - JANUARY 19, 1934.
The meeting of tree Board of Ap>eals was held at the
Selectments Room, Town Office Building, on Friday, January 19,
1934, at 8:00 P.M. Messrs. Maddison, Ferguson, Baldrey and
Glynn were present. The Secretary was also present. Roland
W. Baldrey was elected Clerk Pro -tem in the absence of Mr..
Howard W. Robbins.
The Chairman, Arthur N. Maddison, opened the hearing on
the application of the Trustees under the will of William F.
Ross for permission to alter a shed and garage located on
Fern Street into a simple dwelling.
The notice of the hearing as printed in the Lexington
Minute -Man was read by the Clerk Pro -tem.
Mr. Dunham, who is the prospective purchaser of the house
owned by the Ross Heirs and located on Fern Street, presented
blue print showing the location of the house, and of the
proposed changes. He stated that there were 7620 square feet
in the plot, and there are five rooms in the house, one story
and a half, and down stairs a two car garage. The building
is a wooden building with fireproof shinglea and chimney. The
inside is plastered and there are electric lights, bath, water
and a kitchen sink. There are three partitions in the house
now. There would have to be a different stairway and several
' windows put in. When he looked at the house to purchase it
there was some furniture in the house. He stated that he
thought it has been used for storage and the garage is also
now rented, and a part of it was used for a was:i room years ago
for farm purposes. It belonged tc Mr. Needham.
Mr. Curlys Slocum stated that there was also a printing .
plant in there at one time. He stated also that there is a
cellar in connection with it.
Mr. Dunham thought that the nearest part of the building
was nine feet from the street and the farthest part twelve feet
from the street figuring from the corner of the house to the
street line or edge of the street.
Mr. Glynn inquired if this land is all that is owned by
Mr. Ross. Mr. Dunham stated that he believed that Mr. Ross
has several other lots. Originally Mr. Needham sold the
land.
It was understood that if this building is moved back, it
would also interfere with the zoning law, and if it was moved
back only about one foot would be gained.
Mr. Glynn inquired how long the land had been divided into
lots.
Cdr. Longbottom replied that it was divided about 10 or 12
years ago. The land was sold in 1925 and he originally owned
the other four lots and sold them around 1922 or 1923. He
stated also that the building itself is 512" from the street
and 7' from the other corner and 201 on the back, so that if
the street was made a forty foot street, the house would not
be twenty feet hack. If it was moved directly back, it would
be ohe foot short. It is practically level land where the
house could be put back but there is a drop on the other side..
Mr. Longbottom stated that he was the largest tax
payer in that section and he would like to see this young
couple live in this house. As he understood it, this place
has been used as a storage garage and printing place, and
he felt that the Building should be allowed to be altered
to a dwelling as it would be less objectionable than the
previous uses.
Mr. Harold Needham stated that he sold the lot to
Mr. Ross. He stated that the building in its present
condition is a detriment to the neighborhood. He resided
nearest to the piece of property and he thought it would
improve the whole neighborhood if the place was fixed up and
painted.
Mr. 5_ocum, Jr. of Blossom Street felt it wasn't necessary
to have a forty foot street as some State highways are not
wider than that and he felt it would be a tremendous expense.
Mr. Curlys Slocum stated that it was the intention of
this young married couple with a couple of chi_dren to make
a.home here as the conditions are favorable in Lexington.
He was not a near neighbor but he can look from his windows
on t, the view and he often walks from his place through
Fern Street, and he felt that this was an ideal location for
the house. The outside appearance is not objectionable as it
has been maintained in fairly good condition, and the
alterations could easily be made for a home. The place
had been used as a printing plant and he assumed they would
have a right to use it for the same purpose again, and
it seemed to him that by allowing him to establish a home
that would be an improvement. In regard to the use of
Fern Street as a highway, he had been on the street all hours
of the night and did not find many machines travelling and
even in the active part of the day he did not believe there
would be more than one car every fifteen minutes. His
sympathy was with the young couple that wanted to establish
a home and felt they should be allowed to do so, although he
was aware fhat he was not a close neighbor and perhaps did
not have any right to say as much as he did.
Philip A. Hendrick appeared as counsel for the abuttors
and neighbors on the street.
He offered first to the Board petition signed by twenty-
three persons who are either residents or property owners
or both on Fern Street, in which they respectfully ask that
this application be not granted.
He called attention tothe fact that Cdr. Maddison had a
letter from Mr. Harrod, copy of which he had in his possession.
Just so that we can get on some common ground he stated
that he wanted to say a few words on the project generally.
In the case of 1vorcross v Board of Appeals of the City of
Boston, 255 buss. page 185 the Court laid down certain
principles to govern Board of Appeals. Hs thought it was
the first case of its kind. The power to authorize variances
is designed to be seriously used an only under certain
circumstances. The power is er<nted for specific instances
peculiar in their nature. The purpose of zoning is for
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public welfare. The financial situation cannot govern the
action of the Board.
He explained that while it is very nice to further the
' interests of a young couple, the young couple were not the
petitioners here, ana the petitioner was interested in the
sale to these people. Be stated that the neighbors all say
that of course they cannot protest the building of a building
properly located, but you have at the present time a non-
conforming building. The lines of these lots can be changed
to get four lots in the area, and he felt that the zoning
law did not apply where a change in the lines could be made.
Be stated that in this case there is a non -conforming building
on a street thirty feet wide at the present time, and if
the street is to be widened th'* side of the street would
.be the side to widen. He stated that the people felt
that there is a very desirable development beyond this
location, and they believed that the street should be carried
through to this development and that this house should be put
in the proper place.
Mr. Hendrick requested the petitioners opposing the
application and present to rise.
Mr. Wm. F. Green of 35 Fern Street stated that his story
dates back to 1899 when the town voted to accept the street
30 feet wide when it was put to grade and quit claim deeds
given to the town. When Mr. Foster was Selectmen, he was
familiar with the situation and said he would have bounds
put up there and have engineering done on the extension of
Fern Street. He, Dar. Green) had been away for fifteen
' years and when he got back he started working on the project
of having the street widened and extension made to the Summit
Road extension making the road 40 feet instead of being
surrounded by four blind alleys. He felt that a little
house like this should not stand in the way of this development
and if the permit was allowed the town would have to pay for
the damages.
Mr. Green stated that he talked with the owner of the
property within a couple of days and he told him that he did
not know what he was going to do with the building. He
stated that the fifteen owners of propertyonthat street
desiked the cooperation of the Board of Appeals.
Questions as to the ownership and location of property
adjoining were answered by Mr. Needham.
Mr. Blume stated that a single dwelling would be too
near the street.
Mr. Nolan stated that there was congestion on that street
in the evening and they have no sidewalk and the statement
made this evening about the number of vehicles was not true.
He felt that the house could be set on another lot where it
could be set back. He felt that -it would be a better place
to raise a family if the house was not too near the street.
Stanley Wilson registered objection.
Tile Chairman read the letter from Mr. Harrod objecting
' to the application.
The Chairman also ex-lained that Cdr. Ross informed him,
that he was to get some figures on the different methods of
handling the subject and therefore the hearing would be adjounned
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for two weeks from tonight at S P.M. and all persons present
can appear at that time.
Mr. Hendrick stated that from this he understood that
some new method of handling the building that would be
less objectionable to the neighbors would be presented. He
called attention to the fact that it wds clear that there was
objection to this dwelling house in an R1 district and that
the object Was based on the present location of the building
where there is other land available, that would conform to
the zoning law.
The Chairman reported that Mr. Ferguson interviewed
Mr. Michael Interante relative to his petition to have an
open air market, and he was informed that he did not want
to apply for a hearing on this application.
The Chairman reported that the Town Counsel advised
that mail could be sent postage prepaid, and therefore as it
would cost 20� for registered mail, but would only cost 1ti
additional to,the regular postage for certificate foom the
Boston Postal Dept. for the receipt of notice mailed, it was
voted to send notices in the future with ordinary postage
obt ].ni the ce ofj ate a afo said j n ar e 5. for
a �ic- ons to he Sc . of AWea s� instead`"bf 10 p vi usly
c iarg m
was voted to request $200. appropriation for the Board
of Appeals for next year.
The Chairman called attention to the fact that he had
a call from a Mr. Wilkins who inquired whether or not the
Board of Appeals would favor a billboard proposed to be
erected on Marrett Road near Spring Street. He informed
Mr. Wilkins after looking at the proposed site that he doubted
very much if the Board would approve the proposed billboard.
It was voted to notify the Building Inspector that under
the revised statutes provision is made that the Building—
Inspector must forthwith transmit to the Board of Appeals
all papers constituting the records upon which action
appealed from was taken, and request him to act accordingly.
The Board discussed the changes in the mooning Law
relative to the appointment of members, also the adoption
of rules and regulations.
The Meeting adjou ed at 0:03 P�
A true copy, Attest:
Clerk.
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