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HomeMy WebLinkAbout1938-09-09 216 hwAKI 1 BOARD OF APPEALS RECORDS September 9, 1938 A meeting of the Board of Appeals was held in the Sel- ectmen' s Room, Town Office Building, at 8:00 P. M. Chair- man Maddison, Messrs. Glynn, Kimball, Robbins and Associate J Member Errol H. Locke were present. The Secretary was also present . At 8:00 P. M. hearing was declared open upon the peti- tion of Gustaf Nottebart for permission to remodel a one family house into a two family house at 331 Concord Avenue, Lexington. Mr. Nottebart and the Building Inspector were present. The notice of the hearing was read by Clerk Robbins. Mr. Nottebart said that the house had been used for two families since 1922, with the exception of the last five years . There are two back and two front entrances, and one front hall for each apartment. He said he planned to tear down eight rooms and build six new ones. The Chairman asked how many rooms there were now, and he informed him that there were thirteen. Mr. Nottebart had no plans with him. The Chairman asked if the exterior would be changed. Nottebart said that the foundation would be the same, and there would be practically no change in the front of the house Mr. Glynn asked who was going to live in the house, and he said that his son was. Mr. Longbottom said that Mr. Nottebart came to him six months ago and said he had a double house and wanted to remodel it, and he thought it would be all right. The man came in a short while ago with his plans, and Long- bottom went over there. His records show that in 1922 Nottebart applied to change the house into a double house, and added on five rooms and a bath. In order to get up the front stairs of the old part of the house, they had to go through Nottebartts living room. Mr. Longbottom told the man he thought he would have to have a Board of Appeals hearing. Mr. Nottebart's son 'had been living in the house, but moved out because he thought it was danger- ous, and Longbottom agreed with him. The Chairman asked if the house would look like a two family house, and Nottebart said that there would be two front doors, but there are now. Longbottom said that he had seen the plans, and it did not look very much dif- ferent from the front, but there would be two good baths 217 and kitchens . The Chairman said that after it was finished, it would not look any different as far as a two-family house was concerned, and Longbottom said that it wouldn't, but would look better. No one appeared in opposition. A letter was received from Mr. Percy Grassby of 311 Concord Avenue, objecting to a variance of the Zoning Law and the construction of a two family house . At 8 :15 P M. hearing was declared open upon the petition of the Selectmen of Lexington for permission to maintain a public building at 1557 Mass. Ave ., Lexington. The notice of the hearing was read by Clerk Robbins. The Clerk of the Board of Selectmen explained that the present Office Building was overcrowded, and that additional space was needed for the Welfare Dept. , W. P . A. , and Inspectors, and also for the engineers on the P. W. A . projects. No persons appeared in opposition, and the hearing was declared closed. The records of the August 12th meeting, as corrected, were approved. At 8:30 P. M hearing was declared open upon, the petition of Daniel J. O'Connell for permission to construct a theatre IIin the rear of 1775 Mass. Ave . Mr. O'Connell and five other persons were present at the hearinyg. The notice of the hearing was read by the Clerk. kr. O'Connell said that he wished to construct a theatre on the site of the old grain mill. He proposed to build a theatre to seat 850 people that would be modern in every way, well ventilated, and which would have an entrance from Mass. Ave. The Chairman asked if the plan was to do away with one of the stores in front, and he replied in the affirmative . The building would probably have one or two stores . Mr. Glynn asked what type of construction it would be, and Mr. O'Connell said it would be first class . He asked if the theatre would remain in O'Connell's ownership, and Mr. O'Connell said that it would. Mr. Longbottom said that plans for theatres had to go before the Department of Public Safety. Mr. O'Connell said that this theatre would be on the plan of the Winchester theatre inside, with adequate rest rooms, etc. Mr. Locke asked how much parking space for cars there would be, and O'Connell said that he could not say, as they had not measured it off. The Theatre would not take up half of the space there. Mr. Kimball asked how the parking space would be reached, and he said it could be reached from the B. & M. yard, from Mass.Avenue, and from the Seligman yard. 218 He said that the building would be Colonial type, and he would be willing to build it any way the Board suggested. He had not engaged an quineer, as he was told that any work put in might be ofuse if his petition was turned down. Mr. Glynn said that we had traffic congestion now, and he thought a plot plan worked out would be helpful. Mr. O'Connell said he had an opportunity to acquire additional space for parking, and was willing to buy the Rubin and Seligman property in the rear for parking. Mr. Maddison asked what type of films would be run, and O'Connell said they would be about the same as shown in Winchester. No others appeared in favor of the granting of the petition. Mr. William E Viano appeared in opposition. He said that the Lexington Theatre had been operating for over twenty years, and he had managed it . He did not think that there was enough business to support two theatres in Lexington. No towns around the same size as Lexington had two theatres . He said he had ample land in the rear of his theatre to enlarge, if necessary, but he had never felt the need of it . He said he was very much opposed to the granting of this petition.. No others appeared in opposition, and the hearing w as declared closed at 8:45 P. M. The Board considered the petition of Gustaf Nottebart for permission to remodel his house at 331 Concord Avenue, Lexington, into a two family house. Inasmuch as a portion of the present structure was in bad condition structurally, and the house had been used up to five years ago as a two family house, and it was his intention to use the same found- ation, and the exterior appearance of the house fronting on Concord Avenue would not be changed, except the height of the same to a slight degree plus the removal of the el; the Board felt that the petition should be granted. Upon motion of Mr. Kimball, seconded by Mr. Robbins, it was unanimously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals , acting under General Laws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by Gustaf Nottebart, 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 Lex- ington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s ttoom, Town Office Building, on the 9th day of September, 1938. 219 One Associate and four 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 he had owned the original house for some twenty years and had added to the same; that it had been used up to about five years ago as a two family house; that the old portion of the house was in bad condition, and he intended to remove that portion containing about eight rooms and construct six rooms in place thereof; and inasmuch as there had been a lapse in using the house for two families, and as he desired to make the above changes, he had petitioned the Board as set forth in his petition. A letter from a neighbor was read objecting to any change in the zone, and to a double-decker building. At the close of the hearing the Board in private session on September 9, 1938, 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 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 Lex- ington 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 without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lexington Zoning By- Law is hereby varied so far as may be necessary to permit Gustaf Nottebart to use the house at 331 Concord Avenue after it is remodelled for two families, upon the following conditions: That the exterior appearance of the Concord Avenue front of the house shall not be changed except as to the height of the same and the removal of the present "ell"; That the reconstructed portion of the house shall be on the same foundations as at present exists; ' That the reconstruction shall be completed on or before 9/1/39. 2201 Pw 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. 140ARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) A. N. MADDISON C . EDWARD GLYNN EDWARD W. KIMBALL HOWARD W. ROBBINS ERROL H. LOCKE 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 25th day of August, 1938, to Henry C . Packard, Laura T. Mills, Lillian M. Grassby, Mary A. Mar- shall, Ambrose Ballou, William & Ruth R. Greer, Harold P. Symons, Jeanette M. Lawrence, Robert YL. Goinsalvos, Ethel L. & John F. Daly, and Gustaf Nottebart. , and also adver- tised in the Lexington Minute-Man on August 25, 1938, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals. August 23, 1938. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sec- tion 27, to vary the application of section 9 ( c) of the Lexington Zoning By-law with respect to the premises at No. 331 Concord Ave. , owned by Gustaf Nottebart of Lexington, by permitting the following: Remodelling one family into a two family house . G. Nottebart, Signature 221 NOTICEII August 25, 1938 Lexington, Mass . 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 Gustaf Nottebart and located at 331 Concord Avenue, Lexington, the remodelling of a one family house into a two family house; under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amendments. The hearing will be held on Sept. 9th, 1938, at 8:00 P. M. in the Selectmen' s Room, Town Office Building, gs Lexington. Arthur N. Maddison Chairman, Board of Appeals. Insert: Lexington Minute-Man, August 25, 1938. The petition of the Selectmen of Lexington to use the house on the so-called Barnes property at 1557 Mass . Ave. as a public building was discussed, and inasmuch as no one appeared in opposition, the Board felt that the petition II should be granted with certain conditions. Upon Mr. Glynn' s motion, seconded by Mr. Locke, it was voted to grant the petition in the following 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 the Selectmen of Lexington, 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 Select- men' s Room, in the Town Office Building on the 9th day of September, 1938. One Associate and four 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 the space in the Town Office Building was over- crowded and with the necessity for providing space in conn- ection with this overcrowding and W. P. A . work, as well as the Welfare Lepartment, which is now housed in the Cary II Memorial Building, it seemed advisable to use the house at 1557 Mass. Ave. for offices in connection with the activities 222 of the officers of the Town. No one appeared in opposition. At the close of the hearing the Board in private session on September 9, 1938 gave consideration to the subject of the petition and voted unanimously in favor of the follow- ing findings: 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 prov- isions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the peti- tioner and that desirable relief may be granted without substantially derogating from the intent or purpose 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 use of the house at 1557 Mass. Ave. for the maintenance of a public building, subject to the following condition: That the exterior appearance of the building shall not be materially changed, except as may be necessary to comply with the Statutes of the Commonwealth and ordinances of the Town. 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 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) 223 A N MADDISON C . EDWARD GLYNN EDWARD W. KIMBALL HOWARD W. ROBBINS ERROL H. LOCKE I, Howard ". 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 25th day of kugust, 1938, to Bridget Leary, Daniel J O'Connell, Everett J. & Virginia Leavitt, the First Baptist Church of Lexington, E:1gar J. Thivierge, Anstiss S Hunt et al, Bertha M. Baker, Boston & Lowell R. R., Emelie DeVeau, Alice M. Crawley, Harriet Fletcher, Willis Franks, Paula Franks, Charles Franks, J. Alonzo Moulton, Justus P Morse, Emma L. Hovey, Walter H. Peirce et al, Etta L. Whiting, John J. Callahan, et al, Robert L. Innis & Dougal McLennan, Mary M. Heath, and the Town of Lexington, and also advertised in the Lexington Minute-Man on August 25, 1938, a notice of which the following is a true copy. HOWARD W. ROBBINS Werk, Board of Appeals. August 24, 1938 Lexington Board of Zoning Appeals Town 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 9A of the Lexington Zoning By-Law with respect to the premises at No. 1557 Mass. Ave . owned by the Town of Lexington by permitting the follow- ing: Maintenance of a public building. Town of Lexington Board of Selectmen. NOTICE The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting 224 PIMMI on the premises owned by the Town of Lexington and located at 1557 Massachusetts Avenue, Lexington, the maintenance of a public building, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amendments. The hearing will be held on September 9th, 1938, at 8 :15 P. M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. ARTHUR N. MADDISON Chairman, Board of Appeals . Insert : Lexington Minute-Man, August 25, 1938. Mr. Glynn suggested that before considering the appli- cation of D. J O'Connell, he be requested to submit a plot plan showing substantially where the building would be located, and particularly the amount of area available for / parking and the accesses thereto; also the probable number of cars that could be accomodated, with a sketch of the front elevation of the building. The Secretary was instructed to write Mr. O'Connell for the above information. The following letter was received from Robert L. Ryder, attorney for Lila Il.. O'Keefe : ROBERT L. RYDER Attorney and Counsellor at Law 80 Federal Street Boston Aug. 26th 1938 Arthur N. Maddison, Chairman, Board of Appeals , Lexington, Massachusetts. Dear Sir: On August 12th, 1938 after a hearing before your Board on the petition of Lila L. O'Keefe for permission to maintain a private hospital and sanatorium for convalescing and retarded children on the premises owned by Charles W. Ryder and Robert L. Ryder, Trustees of the Lexington Estates Trust and located at 20 Lincoln Street, Lexington, your board voted to deny the petition and the petitioner was so notified under date of August 15, 1938. On behalf of the petitioner I hereby request a re- 225 hearing by your Board on the ground that one of the Members of the Board was disqualified to sit as a member because of personal interest and previous business relationship with one of the parties interested in the action of your Board. Very truly yours, ROBERT L. RYDER, RLR:Y Attorney for Petitioner The secretary was instructed to send the following reply to Yr. Ryder: September 10, 1938 Mr. Robert L. Ryder 80 Federal Street Boston, Massachusetts Dear Mr. Ryder: Your letter of hugust 26th was received when Mr. Maddison was on his vacation. The Board had a meeting last night, at which your letter was read. In the first place, we do not know of any provision in the Statutes or the Zoning Laws for a re-hearing after the Board of Appeals has rendered its decision. There is a provision regarding an appeal to the courts. The Board feels that you should have taken the matter up with the Board or privately with the Chairman Pro-tem at the time the notice was read at the hearing, in which case the members could have either decided the question during a recess, or postponed the hearing. Sincerely yours, ELEANOR M. LOWE TML Secretary, Board of Appeals. " The meeting adjourned at 10:10 P. M. A true record, Attest: /41j Clerk