HomeMy WebLinkAbout1937-01-08253
BOARD OF APPEALS MEETING
1 JANUARY 8, 1937.
A meeting of the Board of Appeals was held in the
Town Office Building, Lexington, at 8:00 o'clock. Chairman
Maddison and Messrs. Glynn, Kimball, and Associate Member
John A. Lyons were present. The Secretary was also present.
At 8:00 o'clock P.M. hearing was declared open upon
the application of Katherine B. Kinneen for permission to
construct and maintain porches and steps at #136 and #156
Vine Street, Lexington.
Mr. Kimball.was appointed Clerk Pro -tem.
The notice of the hearing was read by the Clerk Pro.
tem. Mr. and Mrs. Kinneen and their two daughters were
present. Mrs. Kinneen stated that she had applied for
permission to construct the parches in order to protect
her floors. She said that the water poured in the front
doors when it stormed.
The Chairman asked how wide she would want to build
a porch. Mrs. Kineen said that at #136 Vine Street the per ah
would be six feet wide and twelve feet in length, and at
#156 it would be four feet wide and eight feet long.
' The Chairman asked if that would include the .steps,
and she said that the steps would be in addition.
Mr. Glynn asked if the steps would occupy the same
amount of room that they do now, and she said that they
would, but that there would be two steps in each instance
instead of three. She said that the present landing
would be the floor of the new porch.
The Chairman said that under the Zoning Law any new
structure is supposed to set back twenty feet from the line,
and no alterations can be made to a house built prior to
1924, but under certain conditions the Board of Appeals may
vary that where topographir or other conditions make it nee"
essary. The idea of the porch would of course be to keep
out the weather and the rain. He said that what the Board
had to do was to consider conditions that would make it
necessary to grant the deviation from the Zoning Law,
Mrs. Kinneen said that there was a register right
inside the front door and at times the storm came in and
went down into the f ire.
Mr. Joseph Vaughan stated that he would like to see
the petition granted. He said that although the street`
was vdry narrow, if it was widened it should be widened
on the other side.
Mr. Hans Sorenson stated that he was in favor of the
' granting of the petition.
Mrs. Kinneen presented a statement signed by fifteen
property owners in the vicinity stating that they saw no
objection to granting the petition.
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No persons appeared in opposition to the granting '
of the petition.
The Chairman stated that he had one letter, from
Mrs. Bridget Leary, opposing the granting of the petition
on the grounds that the houses were already too close to
the street.
The Chairman told the petitioner that the matter would
be taken under advisement, and declared, the hearing closed.
The Building Inspector, Mr. Longbottom, stated
that Mrs. Kinneen came to him for a permit, and he first
told her that it was all right,'but after looking•over
the situation, he decided it would be best to have her
apply for a hearing. He thought that the addition of the
porches and steps would improve the looks of the houses.
The Board considered the application and discussed
the matter further with the Building Inspector, and took
Into consideration the fact that the street was narrow,
and that the houses were built over fifty years ago and
that there was not a proper setback, as is the ease with
many of the houses in this vicinity, but felt that the
petitioner was entitled to protection from the weather
and rain. Upon motion of Mr. Lyons seconded by Mr. Kimball,
it was unanimously voted to grant the petition in the follow-
ing form:
BOARD OF APPEALS PERMIT. ,
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Katherine B. Kinneen, 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 pub-
lished in Lexington, which hearing was held in the
.Selectmen's Room, in the Town Office Building on the 8th day
of January, 1937,
One Associate 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 owned two houses, numbered 136 and 156 Vine Street;
that the houses were built very many years ago, and neither.
of them had any protection at the front entrance against
the weather and rain, and she desired to build a porch and
steps at #136 about 61 wide, and 121 to 151 long, and at
#156 a porch 41 wide, and about 111 long, including in
both instances.the approach at the front door.
One letter was received in opposition to granting the
permit on the grounds that the houses were already located
too close to the street line.
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At the close of the hearing the Board in private
' session on January 8, 1937, gave consideration to the
subject of the petition and voted unanimously in favor
of the following findings: (Mr. Robbins requesting to be
recorded in favor)
1. That in its judgment the public convenience and
welfare will 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 provisions 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
without substantially derogating from the intent or pur-
pose of such Lexington Zoning By-law.
' Pursuant to the said findings, the Board hereby unan-
imously decides that the application of,the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit the construction and maintenance of porches as
above described at #136 and #156 Vine Street, Lexington.
The Board hereby makes a det d led 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. Edward W. Kimball, Clerk Pro -tem of the Board of
Appeals of Lexington, appointed under General Laws, Chapter
40, Section 27, hereby certify that I sent by postage cert-
ificate of mailing on the 18th day of December, 1936, to
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Katherine B. Kinneen, Maud K. Swan, st al, Catherine E.
McDevitt, Hannah Quinlan, William J. Leary, Thomas C.
Buckley, William Leary, Heirs of, Louis Leturney,
Bridget Leary, Nora M. Vaughan, Nora E. Leary, William
P. Mahoney, Mary J. Keefe, James P. Conway, Patrick
Hennessy, Hilda Sorenson, Asunts Modugno, Mary O'Leary,
Ella M. Bentsen, and also advertised in the Lexington
Minute -Man on December 17th, 1936, a notice of which the
following is a true copy.
Edward W. Kimball
Clerk, Pro -tem, Board of Appeals.
December 14, 1936.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petitions the Lexington
Board of Appeals, appointed under General Laws., Chapter 40,
Section 27, to vary the application of sections 6 and 7
of the Lexington Zoning By-law with respect to the
Premises at No. 136 and 156 Vine Street, owned by
Katherine B. Kinneen of Lexington,'Mass., by permitting
the following: addition of front porches and steps.
Mrs. Katherine B. Kinneen (Name)
136 Vine Street, Lexington (Signature)
N O T I C E
December 16, 1936.
Lexington, Maas.
The Board of Appeals will hold a hear ing on the
matter of varying the application of the Zoning Law by
permitting on the premises owned by Katherine B. Kinneen
and located at 136 Wnd 156 Vine Street, Lexington, the
addition of front porches and steps, under the Lexington
Zoning Law or in accordance with Chapter 40, Section 27A
of the General Laws and sm endments.
The hearing will be held at the Selectments Room,
Town Office Building, on January 8th, 1937, at 8:00 o'clock
P. M.
Arthur N. Maddison,
Chairman, Board of Appeals.
J
1
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The Chairman stated that Mr. Robbins wished to be
recorded in favor of the granting of the petition.
The records of the meeting held December 18th were
declared approved, and the records of the meeting held
January 6th were also declared approved.
The meeting adjourned at 8.45 o'clock P.M.
A true record, Attest:
1
u
Clerk Pro -tem.
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