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HomeMy WebLinkAbout1935-10-04 154 "71 BOARD OF -_'_EALO MEETIITG October 4, 1935 A meeting of the Board of Arpeals was held in the Selectmen's Room, Town Office Building, at 8 00 P. F. Messrs . Maddison, Glynn, Yimball, and Associate Member Mr. Tohn A. Lyons, were present . The Secretary was also present. The hearing was declared open at 8 00 P. M. upon the application of Mildred A. Dacey for permission to alter the one-family house located at J/18 Muzzev Street, Lexington to accommodate more than one family. In the absence of Mr. Robbins, Mr. Glynn was elected Clerk Pro- tem. Notice of the hearing was read by the Clerk Pro-tem. Miss Dacey and kr. Edward H. Mara, her brother-in- law, appeared in favor of the petition. Mr. Mara stated that Miss Dacey had lived in the house at #18 Muzzey Street all of her life, and that her father had just died, and Miss Dacey was alone in the house. Mr. Nara stated that almost all of the houses on Muzzey Street were double houses, and those on either side of Miss Dacey's house were double houses . Mr. Lara stated that the house would be altered so that there would be four rooms downstairs and four rooms upstairs . The outside appearance of the front door would not be changed in anywaywhatsoever. He stated that there was a t large vestibule with a stairway on the left, a living room on the right, and the dining room and kitchen straight ahead. Miss Dacey intends to put a stairway in the rear of the house to conform to the Building Laws. The Chairman asked if this would be an enclosed stairway, and lir. Mara said that he did not know, but it would be whatever the Building Laws re- quired. He stated that there was a shed in the rear of the house which is to be closed up. Mr. Lyons asked Mr. Nara if it was Miss Dacey' s idea to c -range the front door at all. Ir. Mara stated that no one will know from the outside that it is a double house, and he assured the Board that no change will be made in the present plans to alter the inside of the door and hall only. The Chairman remarked that Muzzey Street formerly had been a two family district, but had been changed to a one- family area . No persons appeared in opTosition. The Chairman informed Miss Dacey and Ir. Mara that the 111 matter would be taken under advisement, and they retired. 155 Mr. Glynn made the lotion that the petition he granted, and Air. Lyons seconded the notion. The Board voted unan- imously to grant the petition in the following form `'PARD OF APPEALS PERT7T. Appeals, The Board of acting t d "1�P n er General Laws, Chapter 40, Bec. 27, having received a written petition addressed to it by "Iildred A. Dacey 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 Le_ington Minute- Jan, a newspaper published in Lexington, which hearing was held In the aelectments Room, in the Town Office Building on the fourth day of October, 1935. One alternate and three 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 she desired to alter the interior of her house at #18 Muzzey Street, Lexington so that it would consist of two tenements, one on the lower floor and one on the second floor, without alter- ing the present appearance of the front of the building, complying in all respects to the present Building Laws. Evidence was also offered tending to show that the majority of the houses on both sides of Muzzey Street were two family houses, and that in particular those on either side of #18 were two family dwellings . No persons appeared in opposition. At the close of the hearing the Board in private session on October 4, 1935 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 welfarewill 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 owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the prov- isions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted 156 Gy, without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decided that the ap:Ilication of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit ".ildred A. Dacey to alter the house located at J18 Muz-ey Street, Lest-_ ngton, from a one family house to accommodate two families, on the condition that no change is to be made in the present entrance to the house. The Board hereby mazes 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 APIEALS OF LEXINGTON. (Appointed under G. L. Ch. 40, Sec. 27 ) A. N. I:Iaddison Howard W. Robbins Edward W. Kimball C. Edward Glynn John A. Lyons 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 certificate of mailing on the twentieth day of September, 1935, to Edmund W. & Elizabeth B. Stevens, Merle D. Straw, Emma G. Bryant, Old Belfry Club, Eleanor N. Little, New England Tel. & Tel. Co. , Josephine N. Partridge, Mary E. Rose, Rose S. Wright, William E. Denham, James J. & Florence C. Carroll, George J. Bailey, Olive C. Myers, Bion C. & Florence K. Merry, Edward H. Mara, Herbert M. & Florence E. Lawrence, Chauncy Hubbell, Byron C. & R. Estelle Earle, Isaac Harris Cary Educational Fund, William H. Cary, Treas. , Gertrude R. Hadley, Grace J. Piper, Franklin F. & Henry S. Raymond, Edna R. Schuh, George W. & Florence P.I. Sargent, Sarah E. Comley, et al, Freda R. & Minnie C. Bond, Emma J. Clow, George H. & Mabel F. Peterson, Bridget Leary, Gertrude E. Mitchell, Mary R. O'Halloran, et al, Sebastiano Nicci, Walter C. Ballard, Laura N. Beaudry, Alphonse S. & Ella D. Colburn, Melissa E. Denham, Harriet M. Lunt, Mary E. Tarbell, Anstiss S. Hunt, et al, Lexington Savings Bank, M. & S. Realty Co. , Felix Viano, Lexington Trust Co. , George E. & Helen S. Smith, Hallie C. Blake, Leroy S. Brown, Lillian G. ,v. Lois M. Marshall, Allen C. & Margaret W. Smith, Boston & Lowell R.R. Corp. , George ']cott, Daniel J. O 'Connell, David F. Pc Julia Murphy, George A. McLaughlin, Marion D. Lewis, Walter L. & Alice C. Hyde, Louis L. Crone, Edward Wood, Gertrude M. Westlake, Christian Science Church, Katherine Harrington, Mildred A. Dacey, and also advertised in the Lexington 157 Minute-Man on Sept. 19th, 1935, a notice of which the follow- ing is a true copy. Howard W. Robbins, Clerk, Board of A peals . Sept. 18, 1935 Lexington Board of Zoning Appeals Town Office Building Lex- ngton, Mass . Gentlemen The undersigned hereby petition the Le ington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9C of the Lexington boning By-law with respect to the premises at No. 18 Muzzey Street owned by Mildred A. Dacey of Lexington, by permitting the following Division of house to form two small apartments. Entrance to remain same as for single dwelling. '_i idred A. Dacey ( Signature) 18 Muzzey Street (Address ) BOARD OF APPEALS MOTICE Lexington, Mass. September 18, 1935. The Board of Appeals will hold a hearing on the matter of varying the application of the Zonin^. Law by permitting on the premises owned by Mildred A. Dacey and located at 18 Muzzev Street, Lexin 'ton, the alteration of a one-family house to accommodate more than one family, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on October 4, 1935, at 8:00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass . Arthur . Maddison, Chairman, Board of Appeals . The records of the meetings held on July 16th and August 20th were approved 'b the Board. The meeting adjourned at 8:35 P. M. A true copy, Attest Clerk.