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HomeMy WebLinkAbout1934-02-02BOARD OF APPEALS MEETING. ' FEBRUARY 2, 1934. A meeting of the Board of Appeais was held at the Town Office Building, on Friday, February 2, 1934 at 8 P.M. Messrs. Maddison, Glynn, Baldrey, Robbins and Ferguson were present. The Secretary was also present. Mr. George M. Ross, appeared on behalf of his petition. Mr. Dunham and Mr. Curlys Slocum also appeared. Mr. Ross stated that since the hearing two weeks ago he secured figures to find out if it was possible to do something with the building proposed to be altered that would be reasonable and also that would be satisfactory to the neighbors and he found out that it is impractical. He therefor was unable to (resent any additional information other than that given two weeks ago that would add or detract from that given. Mr. Dunham presented pictures of the building and the surrounding territory. The. Chairman informed those present that the Board would be unable to accept any evidence at this time owing to the fact that he understood Mr. Ross would not be present and he had so notified counsel for the opponents. The adjourned hearing was therefore declared closed. ' After considering the evidence offered at the hearing two weeks ago, the Board voted to deny the petition of the Trustees under the will of William F. Ross for _L permit to alter shed and garage located on Fern Street t into a simple dwelling. Roland W. Baldrey refused to vote. The following form was signed by the Board: The Board of Ai;peals, acting under waneral Laws, Chapter 40, sec. 27, having received a written petition addressed to it by George fid. Ross, Trustee u/w Wm. F.'Ross 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 Minute -Man a newspaper published in Lexington which hearing was held in. the Selectmen's'Room in the Town Office Building on Friday; January 19, 1934 at 9:00 P.M. and adjourned to Feb. 21, 1934. All 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 petitioner tending to show: That there is a small building on the easterly end of land belonging to the petitioner which has been known as a wash N house; that part of said building is 512" from the street line; that the petitioner desires to sell the building , together with the lot of land containing about 7020 square feet, and the proposed purchaser desires to alter the building as a single family residence. Evidence was offered on behalf of citizens opposing the. granting of the said petition tending to show that Fern Street was a narrow Street unsurfaced and had not been deeded to the town; that abuttors on Fern Street hoped to have the town accept the street and possibly widen it, that the proposed lines of the lots belonging to the petitioner could be changed, and that if the building is to be for residential purposes it should have the proper wetback. $t the close of the hearing the Board in private session gave-consideration`to the 2nbJbct of the petition and voted in favor of the following findings, Roland W. Baldrey failing to vote. 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 tc 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 tc 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 the Trustees under the will of William F. Ross. 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 herein- before set forth and the testidony, presented at the said hearing, including that herein summarized, and -directs that this record immediately follow -ng this decision shall be filed in the office of the Torn 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. B ARD OF APPEALS OF LEXIhUGTOi , Appointed under G.L. Ch. 40, sec. 27) Arthur N. Maddison Roland W. Baldrey E. Edward Glynn Howard W. Robbins Charles E. Ferguson. z ' I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, ' hereby certify that I sent by postage prepaid mail on the 3rd day of January, 1934 to James E. Wilson, Mary A. Harrington, Executrix, Martha L. Jones, Walter E. L. and Emily B. Pingree, J. Alexander Wilson, Margaret A. Needham, Harriett A. Shaw and Bertha M. Druley., Maud A. Needham, Marion C. Ross, et al Trustees, Edgar W. Harrod, Mary M. Whitney, Grace T. Green, Daisy G. 'Filson, William S. Wilson, Pearl ff. Stoney, Emma J. Hadley, Clara E. Blume, Walter J. and Margaret S. Brown, Mary J. Nolan, Milda V. Kleinberg, John R. Coffin, Henrietta M. and John McCammond, Milda V. Measham, Andrew and Mary Schneider., Mary F. Hurley, Fred W. and Walter Longbottom, Julia L. Deacon, and Julia I. Smith, and also advertised in the Lexington Minute -Man on January 4, 1934, a notice of which the following is a true copy. Howard W. Robbins., Clerk, Board of Appeals.. January 3, 1934. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. ' Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Lawq, Chapter 40, Section 27,. to vary the application of section of the Lexington Zoning By -Law with respect to the premises at Fern Street owned by Trustees u/w Wm. F. Ross of Lexington, Belmont and Watertown, by permitting the following: make alterations to permit use of present shed and garage as a simple dwelling. George M. Ross, Trustee u/w Wm. F. Ross 45 Hancock Street Lexington, Mass. N 0 T 1 C E Lexington, lass. January 3, 1934. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by the Trustees under the will of William F. Ross and located on Fern Street, the alteration ' of the present shed and garage into a simple dwelling, under the Lexington Zoning Law or in accordaiice with Chapter 40, :0 • Section 27A of the General Laws. The hearing will be held on January 19, 1934 at 8 o'clock P.M. at the Selectmen's Office, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The 1,hairman agreed to consult with the Town Counsel in regard to preparing a different form wherein the Board could set forth different reasons for refusing permits other than those set forth in the stereotyped form. It was stated that there were to be amendments to the Zoning Law submitted to the town meeting for action. The Chairman read the proposed amendment to the Zoning Laws affecting the appointment of the members of the Board of Appeals. ,Meeting adjourned at 9:55 P.M. A true record, Attest: AlGv. gn4r� Clerk. 1 1