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HomeMy WebLinkAbout1935-05-10 108 tn BOARD OF APPEALS MEETING May 10, 1935. A meeting of the Board of Appeals was held in the Selectmen' s Room, `town Office Building, at 8:00 P. M. Messrs. Maddison, Glynn, Kimball, and Associate Member John A. Lyons were present at the meeting. The secretary was also present. Mr. Robbins and Mr. Ferguson were un- able to be present. Mr. Glynn acted as Clerk Pro-tem. The minutes of the hearing held on April 5th were approved. ' he hearing was declared open upon the application of Leo A. boynton for permission to enlarge the existing building at 32 Sylvia otreet, Lexington. the notice of the hearing as printed in the ,'exington Minute Man was read by the Clerk Pro-tem. Mr. Thomas O'Brien, Attorney, spoke on behalf of the petitioner. Mr. O'Brien stated that his client had enlarged an existing building at 32 Sylvia Street, which was in viola- tion of the zoning and building regulations. He stated further that Mr. "oynton was ignorant of the regulations, and had believed that the builder was within his rights in enlarging the structure; and that Mr. Boynton was perfectly willing to confer with the Building Inspector to see whether or not the present structure could be made to conform with the Building Laws. Mr. Boynton stated that the builder had told him that the building conformed with the building Laws and that he had obtained a permit to build from the Building Inspector. 'the Chairman asked Mr. Boynton if he was aware of the fact that the building was nearer to the lot line than the laws provided and Boynton answered in the affirmative, but stated that he had advised the builder to put the structure the correct number of feet from the line. Mr. O'Brien inquired if the situation could be remedied by constructing a brick wall or a fire-proof structure, and the Building Inspector advised him that it would have to be seven and one-half feet from the lot line. The building Inspector advised the board that Boynton had added onto the existing structure on the Sylvia Street side, and had then extended it the whole length of the lot in the rear, making the addition approximately eighty-five feet long in the rear. Mr. Glynn asked what class the building was in, and the Building Inspector advised him that it was a third class building. Mrs . Doynton stated that the question of running the business was brought up before, about two years ago, and a hearing was held before the Board of Selectmen. At that time it was found to be a matter of record that the business was established in 1924, before the Zoning Law went into effect. Mr. Boynton stated that in December, 1923 he had a junk license from the Town of Arlington, and that he was using the 109 property at 32 Sylvia Street at that time, and that the Board of 'electmen stated that he might use it if he kept it in a neat and orderly condition. He stated that he had ex- panded a great deal since 1923, but had always tried to keep the property orderly. The Chairman asked if there were any more persons wishing to speak on behalf of the petitioner, and there were none. Miss Anna Canty, who, with her sister, owns Lot #22 on Sylvia Street, stated that Boynton was using four or five feet of her land for a driveway. they had instructed Boynton not to use their drive, but he was still doing it. the Chairman ruled that the issue was beyond the scope of the petition. Mr. Emil Zacharias inquired if a man could come into the Town and start any kind of a business in a residential section without consulting the authorities or the neighbors. The Chairman stated that a person could not do this after 1924. Mr. 'acharias stated that he had purchased the property at #40 Sylvia "treet in 1926, and that he investigated the property very carefully before he made the purchase. At that time there was no business there, but two years later the junk business appeared. He stated that the valuation of his pro- perty had decreased 50% or more, and that the junk business was a nuisance. jhe Chairman asked 4,acharias if the house at #32 Sylvia Street was occupied when he purchased his property, and he said it was , but that the house was later burned and never rebuilt. There was an open cellar there when the junk business was started and later buildings were added. Mr. Boynton' s attorney asked Mr. Zacharias through the Chairman if, during the period when he purchased his property and the present time, he had ever done anything about restraining the junk business. Mr. Zacharias said that he had talked to various town officials at different times, but that nothing had ever been done about it. Esther H. M. Hedberg of Taft Avenue stated that she had purchased her house in 1934, believing that it was in a residential district. She stated that she could hear a great deal of noise from the place, and for that reason considered it a great nuisance. A. Mr. McCarthy stated that he had purchased a house on Taft Avenue two weeks ago and was very mutopposed to a junk yard in a residential section. Mrs. Dora Baron felt that the junk yard was a nuisance, and that the place had reduced the valuation of her property. jhe Attorney for the petitioner asked through the -'hairman if the condition of the place was better since the building had been enlarged, and the answer was in the affirma- tive . 110tn Victor F. Ericson of Taft Avenue stated that he was opposed to the petition. Mr. O'Brien asked the 'hairman if he thought the abutters believed they were opposing the continuation of the junk business, and the Chairman thought it possible that they were, and explained that the hearing was on the petition of Boynton to enlarge an existing building. Thomas "'ullivan of 11/13 Sylvia treet opposed the petition because he thought the junk yard a nuisance. Mr. O'Brien stated again that the petitioner was asking the board to allow the present building to remain as it was. Mr. McCarthy stated that he understood that the building was up illegally, and therefore was just the same as not built. Pasqualle Terrazzana stated that as long as Doynton wanted to enlarge the building that it meant that he intended to extend his business. The `dhairman read a letter from John J. McCarron who opposed the petition. Mr. McCarron, owning property at 5 Sylvia "'treet, stated that the junk business was a fire trap, a nuisance, and a menace. The Secretary reported that Hugh Wyllie, owning pro- perty on Hibbert Street, had telephoned inasmuch as he was unable to attend. Mr. Wyllie wished to be recorded in oppo- sition to the granting of the petition. `The hearing was declared closed at 8:45 L M. After discussion on the matter, it was voted to deny the petition. `The Chairman stated that Mr. nobbins wished to be recorded as opposed to granting the petition. The petition was denied in the following form: The Board of "ppeals , acting under General Laws Chapter 40, sec. 27, having received a written petition addressed to it by Leo A. Boynton, 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 Doard 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 the tenth day of May, 1935. One associate member and three members of the Board of Appeals were preseht at the hearing. certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he had been using a building on the premises at #32 bylvia Street for the storage of junk; that he had constructed an addition to the building, claiming that the builder told him he had obtained a permit; that this building extends within the 72' provided for by the Building Laws for third class buildings; and that 111 he desired a permit to maintain the addition as erected. ' Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that the addition simply created a greater nuisance, and injured the value of the property of the neighbors. No application had been made prior to the construction of the addition to build the same, the premises are in a residential section and the use of the same for the junk business is a non-conforming use. At the close of the hearing 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. 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 substantial detriment to the public good and 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 Leo A. Boynton to enlarge the existing building at #32 Sylvia Street . 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 a public record 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) H. N. Maddison Edward W. Kimball Howard W. Robbins C . award Glynn John A. Lyons Associate wember I, C . Edward Glynn, "lerk Pto-tem of the ' card of Appeals of Lexington, appointed under General Laws, -'hapten 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 27th day of April 1935, to Henry E. Walker, heirs of, Annie Bornstein, Anna Heiman, heirs of, Catherine Irwin, Hugh 112 cn Wyllie, Anna Baron, Joseph Balanoff et els , Gertrude Govenar, Anna Goloboy, Thomas and Honora Sullivan, Mary A. & Pasquale Terrazzana, Joseph Lassof, Helen Bloustein, tlilliam J. & Julia M. Roberts, Minnie Bloustein, Mary A. Shea, Blaekstone Savings Bank Merchants Co-op. sank, "nil Zacharias, Martha C . Zacharias, Ida 1' . Landon, Helen M. & `Phomas E. Ahern, Mary & Anna CantHarry E. Johnson, Esther h. M. Hedberg, Victor F. & Ida P. ricson, 'dward I. & Meyer Berman, Max Berman, Samuel Smorax, Lsther Berman, Waltham `"o-op. Bank, Nellie H. Viano, Walter H. Lennon, Arlington Five Cents Savings Bank, Catherine J. & Margaret n Mclsaac, Margaret `'. Healey, Mary . Boyce, Isabell Yeates, Patrick J. Heaney, Manuel A. & Maria C . Maderios, Charles D. MacGilivray, Fannie L. Mallett, Pasquale & Eprmina Luongo, James ". & Alice P. Lowry, Mary Sousa, Francis . Sty- meet, Eldred F. Cheney, Mary Andresen, heirs of, Roy A. Cook Addie C . Cook, Francis Dailey, Watertown Co-op. Bank, Allen J. MacGilvary, Jennie . Parker, Ragna H. Goodmansen, Medora R. Crosby, -%atherine C . Whalen, Leo A. & Eva Bornstein, and also advertised in the Lexington Minute-Man on April 25, 1935, a notice of which the following is a true copy. C . Edward Glynn 'lerk Pro-tem, Board of Appeals. April 24, 1935. Lexington board of Zoning Appeals 11Town Office building Lexington, Mass . Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, section 27, to vary the application of section 10 of the Lexington Zoning By-Law with respect to the premises at No. 32 Sylvia Street, owned by Leo "oynton of 38 Mass . "ve . Lexington by permitting the following: To enlarge the existing building at 32 Sylvia Street, Lexington, Mass. upon variations, eection 10, of the Zoning Laws. Leo A. Boynton - Signature (W. ". Maloney) NOTICE Lexington, Mass. April 24, 1935. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law pg permitting on the premises owned by Leo A. & Eva Bornstein and located on Sylvia Street, Lexington, the enlargement of the existing build- ing, under the Lexington Zoning Law or in accordance with Chap- ter 40, Section 27A of the General Laws and amendments , 113 The hearing will be held in the Selectmen' s Room, Town Office Building, Lexington, on May 10th, 1935 at 8:00 P. M. II Arthur N. Maddison, Chairman, board of Appeals. The meeting adjourned at 9:10 P. M. A true record, attest: 4r. - Clerk, pro-t A I