HomeMy WebLinkAbout1935-10-04154
The hearing was declared. open at 8:00 P. D1. upon
the application of Mildred A. -Dacey for permission to
alter the one -family house located at #18 PTuzzey Street,
Lexington to accommodate more than one family. In the
absence of Mr. Robbins, P.4r. Glynn was elected Clerk Pro -
tem. Notice of the hearing was read by the Clerk Pro -tem.
'.',hiss Dacey and Mr. Edward H. Mara, her brother-in-
law, appeared in favor of the petition. I17r. Mara stated
that Prliss Dacey had lived in the house at X18 Tluzzey Street
all of her life, and that her father had just died, and Miss
Dacey was alone in the house. Mr. Mara stated that almost
all of the houses an Muzzey Street vrere double houses, and
those on either side of Prliss Dacey's house were double
BOARD O ly213EALS MEETIITG
houses.
Mr. Ptilara stated that the house would be altered so that
October 4, 1935
there would be four rooms downstairs and four rooms upstairs.
'
A meeting of
the Board of Appeals was held
in the
Selectmen's Room,
Tolvn Office Building, at 8:00
P. PrT.
P?essrs. Maddison,
Glynn, ti>imball, and Associate
Member
1,r. .ohn A. rayons,
were present. The Secretary
was also
present.
house uhich is to be closed i-ip.
The hearing was declared. open at 8:00 P. D1. upon
the application of Mildred A. -Dacey for permission to
alter the one -family house located at #18 PTuzzey Street,
Lexington to accommodate more than one family. In the
absence of Mr. Robbins, P.4r. Glynn was elected Clerk Pro -
tem. Notice of the hearing was read by the Clerk Pro -tem.
'.',hiss Dacey and Mr. Edward H. Mara, her brother-in-
law, appeared in favor of the petition. I17r. Mara stated
that Prliss Dacey had lived in the house at X18 Tluzzey Street
all of her life, and that her father had just died, and Miss
Dacey was alone in the house. Mr. Mara stated that almost
all of the houses an Muzzey Street vrere double houses, and
those on either side of Prliss Dacey's house were double
houses.
Mr. Ptilara stated that the house would be altered so that
,
there would be four rooms downstairs and four rooms upstairs.
The outside ao-oearance of the front door would not be
changed in any way ;whatsoever. He stated that there was a
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 Mr, Mara said that he did
not know, but it would be whatever the Building Laws.re-
auired. He stated that there was a shed in the rear of the
house uhich is to be closed i-ip.
Mr. Lyons asked Mr. Mara if it was TJiss-Dacey's idea to
change the front door at all.
X.r. vara 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 1'uzzey Street formerly had
been a two family district, but had been changed to a one -
family area.
No persons appeared in opY-.osition.
The Chairman informed Miss Dacey and P;Tr. Mara that the '
matter would be taken under advisement, and they retired.
155
Pdr. Glynn made the "Motion that the petition be rranted,
and hr. Lyons seconded the motion. The Board voted unan-
imously to grant the petition _n the following form:
sOAHD OIF APPEALS PERIIIT.
The Board of Appeals, acting under General Laws,
Chapter 40, Bee. 27, having received a written petition
addressed to it by `:ildred 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 Lexington Minute-71an,
a newspaper published in Lexinr�ton, which hearing was
held in the Selectments 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 X18 Iluzzey 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 hTuzzey Street were two family
houses, and that in particular those on either side of #18
were tvo 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 unamimously in favor of
the folloving findings:
1. That in its judgment the public convenience and
welfarewill be substantially served by the making of the
exception recuested.
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
without substantially derogating from the intent or purpose
of such Lexington Zoninrs By-law.
Pursuant to the said findings, the Board hereby unani-
mously decided that the ap lication 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
Y18 ruzgey Street, Lex-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 manes 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 APPEALS OF LEXINGTON.
(Appointed under G. L. Ch. 40, Sec. 27)
A. N. Maddison
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. `,1Iright, William E.
Denham, James J. & Florence C. Carroll, George J. Bailey,
Olive C. Myers, Bion C. & Florence K. P:Terry, 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 ."J. & Florence P.T.
Sargent, Sarah E. Comley, et al, Freda R. & Minnie C. Bond,
Emma J. Clow, George H. & Iabel F. Peterson, Bridget Leary,
Gertrude E. T.)?itchell, Mary R. O'Halloran, et al, Sebastiano
Nicci, `Halter C. Ballard, Laura M. Beaudry, Alphonse S. & Ella
D. Colburn, rTelissa E. Denham, Harriet M. Lunt, Mary E. Tarbell,
Anstiss S. Hunt, et al, Lexington Savings Bank, E. & S. Realty
Co., Felix Viano, Lexington Trust Co., George E. & Helen S.
Smith, Hallie C. Blake, Leroy S. Brown, Lillian G. 8, Lois M.
Marshall, All -en C. & Margaret W. Smith, Boston & Lowell R.R.
Corp., George Scott, Daniel J. O'Connell, David F. & Julia
Murphy, George A. rTcLaughlin, T,Tarion D. Lewis, 7alter L. &
Alice C. Hyde, Louis L. Crone, Edward Wood, Gertrude 1%
"Jestlake, Christian Science Church, Katherine Harrington,
Mildred A. Dacey, and also advertised in the Lexington
1
1
L
Kinute-Man on Sept. 19th, 1935, a notice of which the follow-
ing is a true copy.
Howard 'N. Robbins,
Clerk, Board of A -,-,peals.
Sept. 180 1935
Lexington3oard of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The unders=fined hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Section 27,
to vary the application of section 9C of the Lex'_ngton Zoning
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.
T,ildred A. Dacey (Signature)
18 Muzzey Street (Address)
BOARD OF APPEALS !� OTTCE
Lexington, Mass.
September 18, 1935.
The 3oard of Appeals will hold a hearing on the matter
of varying the application of the Zon3n^r Law by permitting
on the premises owned by T1,111dred A. Dacey and located at
18 Muzzey Street, Lexington, the alteration of a one -family
house to accommodate more than one family, under the
Lexington Zon_ng 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 5:00
P.11. in the Selectmen's Room, Town Office B.1 -)II -ding, Lexington,
Mass.
Arthur'. n7addison,
Chairman, Board of Appeals.
The records of the meet.i_rgs held on July 16th and
August 20th were anproved by the Board.
The meeting adjourned at 8:35 P. M.
A true copy, Attest:
Clerk.
157