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BOARD OP APPEALS IVIEETING
DECEMBER 30, 1938.
A meeting of the Board of Appeals was held in the
Selectmen' s Room, Town Office Building, at 8:00 P Y. Lessrs .
Glynn, Locke, Robbins, Ferguson and Kimball were present.
The Secretary was also present. In the absence of IMr.
Lladdison, I?r. Glynn was elected Chairman Pro-tem.
At 8:00 F. M. hearing was declared open on the
application of Maurice P. Ahern and Bertha V. Pichette for
permission to alter the one family dwelling at 61 1Noburn
Street into a two family dwelling.
Notice of the hearing was read by Clerk Robbins .
Mr. John L. pichette appeared in favor of the granting of
the petition. Be stated that this was an eight room house
and when they went to rent it, six of the eight applicants
were going to have two families living together, so the
owners decided it would be better to have a two family house
and deal with each family individually. Since they started
this petition, they have had eight more applicants for the
apartments. ahe house is 24 x 28. Mr. Pichette presented
plans, and stated that the owners proposed to put in a side
door which would give a separate entrance for upstairs and
to put in a back door to allow for a separate entrance for
the downstairs flat . where would be no additions to the
exterior, but a bath would be installed.
The Chairman pro-tem asked what the heating system would
be, and Mr. Pichette said it would be steam with two separate
units. Yr. Kimball asked if it was a full two story house
and Pichette replied that there were one and a half stories .
The Chairman pro-tem asked if the house was rented now, and he
replied that it had been vacant for two months . The Chairman
pro-tem asked if they found the house in its present status
too big and he replied in the affirmative. Mr. Kimball
asked Pichette if he did not think this was a very small house
to accomodate two families and he replied in the negative .
The Chairman pro-tem asked if there were any other two-family
houses in the neighborhood, and LIr. Pichette said that there
were some across the street. lie stated further that the
house in question was in a two-family district.
No other persons appeared in favor or in opposition to
the granting of the petition. Mr. Pichette retired at 8:08 P.
At 8:15 P. P.T. hearing was declared open on the application
of Bion C . and Florence K. Merry, t by e, for permission to
alter the one family house at 21 LTuzzey Street to accomodate
more than one family.
ahe notice of the hearing was read by Clerk Robbins .
244
Mr. Franklin R. Coleman appeared for the petitioner. Mr.
Coleman said that the house was the fourth one from Mass . Ave. 111
on the right hand side of the street and was probably fifty
years old. It is in poor condition inside and it would cost
almost as much to fix it over as it would to alter it to
accomodate two families. It was planned to change the front
door and to put in a new side door which would take care of
the rear entrance for the upstairs apartment. There would be
a chimney placed on the outside, also. There would be no
outside changes on the second floor and the only chane in
the third story would be dormer windows . There are fourteen
houses on huzzey Street, eight of which are two-family houses.
Originally this was a two-family zone and a few years ago, it
was changed into an R.1 district.
The Chairman pro-tem asked how many rooms there were now.
Mr. Coleman said there were eight and there would be nine when
it was changed over. He said a bath would be installed and an
upstairs kitchen would be made out of a bedroom.
Several of the neighbors were present at the hearing.
Mrs. Charles Beaudry asked how much distance there was
between the house and the line where the door was going.
kr. Coleman said there would be about six feet. Mrs. Beaudry
wondered what would happen if there was not room enough.
Jr. Coleman said that if there was serious objection to the
back door, they would submit an alternate plan. Mrs . Beaudry
asked what effect this would have on the valuation of her
property and the Chairman pro-tem said that that was something
the Board could not answer. Yrs . Beaudry asked if the Board
approved changing the Zoning Laws, and the Chairman pro-tem
stated that this was not a change in the Zoning Laws but was
a variation of the Zoning Laws and was provided for in the
Zoning Laws.
Mrs. Carl B. `iarbell thought that this alteration might
depreciate the value of her property and might affect the
sale price if they wished to dispose of it. Mrs. Tarbell said
that she understood Yr. Merry did not intend to keep the property
and she did not know what would happen it if were sold. Mr.
Coleman said that Ir. Merry had been trying to sell the property
for one and a half years, but had been unable to do so and was
very much in need of funds.
Mr. Henry W. Robertson of 4 Raymond Street said that when
Miss Dacey changed her house over, the neighbors realized
that the family would change it over so that it would be a
benefit to the street and said that the people who bought
this house might not be in a position to fix it over so that
it would be an improvement to the neighborhood.
Mrs . Beaudry said that this house was next to her
property and she merely wanted to protedt her own interests,
but if the house was going to be repaired and put into
excellent condition, she would not have Very much chance to
245
object.
j The Chairman pro-tem asked if there were any agreements
on the sale of the property and Mr. Coleman replied in the
negative.
Mr. Tarbell said that he did not believe anyone owning
property such as he did would want a two family house across
the street. He said he objected to the granting of the
petition.
The hearing was declared closed at b:35 P M and the
group retired.
It was decided to hold over the petition of Vincent N.
Bellizia for a few months.
Mr. W. S . Caouette appeared before the Board relative to
the O'Connell petition for permission to maintain a theatre .
he submitted some plans of the proposed building. He said
that as far as the immediate plot was concerned, there was
no room for parking on it . The present plans provided for
the removal of the Childs building and there would be 12 or
14 feet left open on Mass . Avenue . He thought this would be
a desirable development of the plot as it would eliminate the
old grain mill. Mr. Ferguson asked if there would be any
provision for parking, and Mr. Caouette said that there would
not on the present lot but if parking facilities were insisted
upon and O'Connell went so far as to say he would provide
them, it would be necessary to purchase the Rubin & Seligman
property and the owners are asking an exorbitant price for it .
Mr. Ferguson asked how much parking space would be available
there and Caouette said he thought the plot would accomodate
probably fifty cars . He retired. No action was taken on
the O'Connell petition.
The Board considered the petition of Ahern and iichette
and noted that the applicant claimed that this house was
located in an R. 2 zone. The Board, in considering the
application did not consider it to be a variance of the Zoning
Law because the residence is situated in an R 2 or two-
family residenze zone, the necessity for it being passed
upon by the Board being due to the wording of Section 9C
of the Zoning Law.
Upon motion of Mr. Ferguson, seconded by Er. Kimball,
it was voted that the application be granted in the following
form:
246
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 Maurice r. Ahern w Bertha V Pichette
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 b:inute-Man,
a newspaper published in Lexington, which hearing was
held in the Selectmen' s Room, in the Town Office Building
on the 30th day of December, 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 they wished to convert the single-family residence
at 61 Woburn Street, Lexington, into a two family resi-
dence, one apartment to be on each floor;
That the house after re-modelling would contain four
rooms with bath on the ground floor and three rooms with
bath on the second floor;
That there would be no change in the outward appearance
of the house with the exception of the addition of two
doorways.
No one appeared in oy iJosition..
At the close of the hearing the Board in private
session on December 30, 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 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 pro-
visions 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
247
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 aplaication of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit Maurice P Ahern and Bertha V. Pichette to alter
the single-family residence located at 61 oburn Street,
Lexington, into a two family residence, in accordance with
plans submitted with the application, upon the condition
that the work is to be completed prior to July 1, 1939.
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 here-
inbefore 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 Jlerk 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 LEXINo-TON
(Appointed under G.L.Ch. 40, sec .27 )
11 ERROL E . LCCKE
EIWARDKIMBALL
CHARLES E . FERGUSON
HOWARD W. ROBBINS
C . EDViAhD GLYNN
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 15th day of December, 1938, to Agnes F. Collins,
et al, Katherine Vaughan et al, Carl F Viallin et al, Mari
A. McCann and Margaret McCann, Robert J. Shannon, Cornelius
Lyons, Eliza A. Silva, Carmelo Galvagno, Annie Sullivan et al,
Annie G. Ahern Ivar Iverson, Sebastiano Colontropo, Philip
P . Leaf, Nora M. and Stephen Donnellan, Anstiss S Hunt et
al, Daniel J O'Connell, Delia V. Mulvey, Mary C helley,
Charles J . and Mary C . Ray, Susan Doherty, Andrew Pewtherer,
Leslie Spencer, Daniel Valley, Peter and. Martin Semonian,
John T . McDonough, et al, John W. Keeley, Thomas viinlan,
Frank - Mary Picciani, Manuel P. Moniz, Frank H. Tobin, Annie
J. , Charles A. , James D. Manley, Margaret Gaffney and
Maurice P. Ahern and Bertha V. Pichette , and also advertised
in the Lexington Minute-Man on December 15, 1936, a notice
of which the following is a true copy.
Howard d Robbins
Clerk, Board of Appeals
248
Pol,m1
rl
Dec. 6, 1938 .
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass .
Jentlemen:
The undersigned hereby petition the Lexington Board
of "ppeals, appointed under General Laws, Chapter 40,
Section 27, to vary the application of section 9( c ) of
the Lexington Zoning By-Law with respect to the premises
at No . 61 Woburn Street, owned by Ivaurice r. Ahern and
Bertha V Pichette of Arlington by permitting the following:
Alteration of a one familv dwelling into a two family
dwelling.
Maurice P. Ahern
Bertha V. Pichette (Signature)
48 Broadway (Address)
Arlington
BOARD OF APPEALS NOTICE
Lexington, Mass.
Dec. 12, 1938.
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 Maurice P. Ahern and Bertha V.
Pichette and located at 61 Aoburn Street, Lexington, the
alteration of a one family dwelling into a two family
dwelling, 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 December 30th, 1938, at
8:00 P. 1 . , in the Selectmen' s Room, Town Office Building,
Lexington
Arthur N. Maddison
Chairman, ioard of Appeals .
The Board considered the petition of dion C . and
Florence K . Merry, and upon motion of Mr. Geruson, seconded
by Kr. Kimball, it was voted that the application be denied
in the following form:
249
The Board of Appeals, acting under General Laws,
Chapter 40, sec. 27, having received a written petition
addressed to it by Bion D . and Florence K. Merry, t. x e,
a copy of which is hereto annexed, held a public hearing
tiereon 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 published in Lexington, which hearing was held
in the Selectmen' s Room, in the Town Office Building on
December 30, 1936.
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 tendin;, to show:
That it was their desire to alter the one-family residence
located at 21 I, uzzey Street into a two family residence,
one apartment to be on each floor--the only outward change
in the appearance of the house being a slight change in the
existing front entrance and the addition on an entrance on
the northeasterly side;
That the premises are at present rented, but are in need of
repair, and that greater revenue could be obtained for the
owner by converting to two-family apartments;
That there are several other two family dwellings in the
vicinity, but that the houses directly abutting on the
applicant' s property are single-family dwellings .
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show:
That they felt the alteration of this house into a two family
residence would gradually extend the local area where two
family dwellings exist, and the further encroachment on the
single family residence area would depreciate the value of
their property.
At the close of the hearing the Board in private session
on December 30, 1938 gave consideration to the subject of the
petition and. voted unanimously in favor of the following findings :
1. That in its judgment t} e public convenience and
welfare will not be substantially served b7* the mak.Lng 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 Lexinnton zoning By-Law
as to the locus in question would not involve practical
difficulty and unnecessary hardship and the relief requested
250
CrJ
may not be granted without substantial detriment to the
public good and without substantially derogating from the
intent and purl.ose of such Lexington Zoning by-law.
Pursuant to the said findings, the Board hereby denies
the said petition of Bion C . and Florence K. Merry, t. by e,
and is influenced in this decision not only by the opposition
of the neighbors, but by the fact that most of the two-family
residences in the vicinity are nearer to Mass . Ave , and that
the conversion of this house into an additional two-family
residence would further encroach upon the single-family res-
idence area; also the fact that both the properties abutting
on Muzzey Street and on Raymond Street are single-family
CCreesidd�ee�nces . BOARD OF APPEALS OF LEXINGTON -O . Edward Glynn,
�- 0'6 in. Ferguson, Errol H. Locke, Edward W. Kimball, Howard
, I Award W Robbins, Clerk of the Board of Appeals
of Lexington, appointed under General Laws , Chapter 40, Sec-
tion 27, hereby certify that I sent by postage certificate
of mailing on the 15th dasr of December, 1938, to Sarah E.
Comley, et al, Freda R. Bunker, Emma J. "low, George H. and
Lable F. Peterson, Bridget Leary, Gertrude E. itchell,
Mary R. O'Halloran et al, Sebastiano Nicci, salter C Ballard,
Laura M. reaudry, Melissa E Denham, Mary E . Tarbell, Anstiss
S . Hunt et al, Lexington Savin;Ts Bank, I . & S. nealty Co. ,
Lillian L. Viano, Tr. , Lexington Trust Co. , George E and
Helen S. Smith, Lulu M. Blake, Leroy S . Brown, Allen C and
Margaret luu Smith, Edmund W. and Elizabeth B . Stevens, Merle
D Straw, &Jima G. Bryant, Old Belfry Club, Eleanor N . Little,
New England Tel. Tel. Co. , Josephine N. Partridge, Mary E.
Rcse, Rose S . Varig t, William E. Denham, James J. and Florence
C . Carroll, George J. Bailey, Dion C . and Florence K. Merry,
Edward H. Mara, Herbert M. and Florence E Lawrence, R. Estelle
Earle, Isaac Harris Cary Educational Fund, Gertrude R. Hadley ,
Grace J. Piper, Franklin F. and Henry S Raymond, Edna R.
Schuh, Thomas G and Elizabeth D. Lvnah, Boston & Lowell R. R.
Corp. , George Scott, Daniel J O'Connell, David F and Julia
urphy, Marion D Lewis, Nalter L. and Alice C Hyde, Louis
L. Crone, E, ward wood, Gertrude n:. Cosgrove, Christian Science
Church, Katherine Harrington, Mildred A Dacey, Charlestown
Five Cents Savin;s Bank, Robert T and Richard J. Spencer,
Marion D Andrews and Florence H. Robertson, Francis T and
Mable F. Barry, Ralph H. Marshall, and also advertised in the
Lexington Minute-Man on tecember 15, 1935, a notice of which
the following is a true copv.
Howard W Robbins
Clerk, Board of Appeals
1
251
IIDecember 8, 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 9 ( c)
of the Lexington Zoning By-Law with respect to the
premises at No. 21 Muzzey Street, owned by B. C. Ferry
of dareham by permitting the following: The alteration
of a one family house to accommodate more than one family.
B . C . Merry (Signature)
404 Lain Street (Address)
Wareham, Mass .
BOARD OF APPEALS NOTICE
Lexington, Mass .
December 15, 1938.
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 Bion C . and Florence F h.erry,
t by e, and located at 21 Muzzey Street, Lexington, the
alteration of a one family house to accommodate more than
one family, under the Lexington Zoning Law or in accord-
ance with Chapter 40, Section 27A of the General Laws and
amendments .
The hearing will be held on December 30th, 1938, at
8:15 P. M in the Selectmen' s Room, Town Office Building,
Lexington.
Arthur N. Maddison
Chairman, Board of Appeals .
The records of the meeting held November 25th, 1938
were declared approved.
The meeting adjourned at 9 : 30 'r . E .
A true record, Attest:
• //
Clerk