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HomeMy WebLinkAbout1939-04-07 292 Q, 0.41 BOARD OF APPEALS MEETING April 7, 1939 A meeting of the Board of Appeals was held in the Sel- ectmen' s Room, Town Office Building, at 8:00 P. P.F. Acting Chairman C . Edward Glynn, and Messrs. Charles E. Ferguson and Errol H. Locke were present. The Secretary was also present. At 8:00 P. M. hearing was declared open on the applica- tion of Clarence H. and Anne B . Conroy for permission to maintain a house not set back the required twenty feet from the street line, at 3 Summit Road, Lexington, Blass . Mr. Conroy and the Building Inspector were present at the hearing. Mr. Conroy said that he discovered accidentally that a corner of his house was not back 20' from the street line. About three years ago he purchased the land at the corner of Summit and Follen Roads, and engaged his own engineer to establish the lines . The engineers were the C . H. Gannett Co. When he purchased the lot he was going to put the house so that it would face Follen Road, but after studying the elevations, he found that the only way he could do it, with the topography of t4le land, was to put it cornerwise He therefor had to set. ack twenty feet from both Follen and Summit Roads. They used every precaution they knew of to prevent anything from going wrong. Recently he discovered that a corner of the house was back only 19' , but he dis- puted the Engineer that told him because he had been so careful. He engaged an engineer again, who reported that the corner of the house was 19.2' from the street line, and the corner of the garage was 19.731 from the street line. There is an error of about .281 at the corner, and .80' at the other point . Mr. Conroy said his intention was to obey the spirit of the law. The Chairman asked who the contractor on the house was, and he said that he himself was the general contractor, and William A Cann did the excavation work. the Chairman asked Mr. Longbottom if it was his im- pression that the house had been set back the full 20' , and Mr. Longbottom replied in the affirmative . The Chairman asked what had brought this matter to Mr Conroy' s attention now, and he replied that he was arranging with a Boston bank to re-finance his house, and they sent out an engineer who discovered this error. He said that he talked with his neighbors about the matter, and they said it was a trivial matter, as far as they were concerned. 293 Mr. Conroy and Mr. Longbottom retired. The Board was impressed with Mr. Conroy' s statement that this was an honest error much regretted, and this was confirmed by the Building Inspector. Letter was received from Henry C . Brookings, as follows: 't April 4, 1939 Miss Eleanor M. Lowe, Secretary Board of Appeals Lexington, Massachusetts Dear Madam: I want to thank you for your letter of March 25 regarding my appeal to be allowed to maintain a bowling alley at 18/20 Waltham Street. Since receiving your letter I have communicated with the prospective customer, and he now has in mind endeavoring to buy the lot of land with the house thereon, that is next to this property and which con- tains 12,000 square feet. If a deal is consummated, he plans to demolish the house, which is now far from attractive owing to its unkept condition, and use that portion of the land for a parking space for his customers, and throw the balance open to the public for general parking purposes. It will take him a short time to arrange for this new finan- cing and to have the blue prints of his new building drawn up as requested. In the meantime, I would appreciate it if the Board would refrain from making any decision on the appeal. Very truly yours, (Sd. ) HENRY C . BROOKINGS 53 State Street Boston, Mass. n It was decided to defer action on the petition until a later date. Letter was received from Countryside, stating that a permit to construct a building to be used as a gasoline station and lubritorium on Lot x}400 Lowell Street had been received on March 25, 1938. This permit said that the work was to be completed within one year from the date of the permit Mr. Currier, proprietor of Countryside, said that plans had just been completed so that they were ready to go ahead with construction, and he requested that the Board grant an extension of two months. It was unanimously voted to grant an extension of three months on the time limit on on the permit of March 25, 1938. 294 The record of the meeting held on March 24th was de- clared approved. Upon motion of Mr. Ferguson, seconded by Mr. Locke, it was unanimously voted to grant the petition in the follow- ing form (Messrs. Robbins and Kimball wishing to be recorded in favor) : BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by Clarence H and Anne B. Conroy, 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 published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 7th day of April, 1939. One Associate and two 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 his house was located at 3 Summit Road, Lexington, and was built about three years ago, and is not set back a full 20' from the street line at two points; the corner of the main house having a set-back of 19.2' and the corner of the garage 19.73' ; That this was due to error in measurements at the time the house was erected and was wholly unintentional and regretted; That it was now desirable to have the existing set-back made legal. No one appeared in opposition. At the close of the hearing the Board in private session on April 7, 1939 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 295 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 derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-Law is hereby varied so far as may be necessary to permit Clarence II and Anne B. Conroy to maintain the house and garage located at 3 Summit Road, Lexington, with a set-back from Pollen Road of 19.2' and 19 .731 respectively, with the condition that no structural chane or addition or extension of the building shall be made which will cause it to further encroach upon the set-back area. 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 11 shall be mailed forwith to each party in interest. BOARD OF APPEALS OF LLAINC'i'Oi (Appointed under G. L. Ch. 4C, Sec. 27) C . EDWARD GLYNN CHARLES E . FERGUSON LRROL E . LOCKE LDAARD W KI1BALL HOWARD W . ROBBINS 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 22nd day of March, 1939, to Grace W Kelley, Robert J. Kelley, George F. and Anastasia Harrington, Ernest and virginia K . Cutter, Mary T Muldoon and Agnes C Schlichte, Warren G. and Rena M. Lawson, William and Frances E Cann, Harry B. and Labelle E Bensen and Clarence II and Anne B. Conroy, and also advertised in the Lexington Minute-Man on March 23, 1939, a notice of which the following is a true copy. HOWARD W ROBB INS Clerk, Board of Appeals 296 March 17, 1939 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-B of the Lexington Zoning By Law with respect to the premises at 1o. 3 Summit Road, owned by Clarence H. and Anne B Conroy of Lexington, by permitting the following: Maintenance of a house that is not set back the required 20 feet from the street line. Clarence H Conroy(Signature) 3 Summit Road (Address) Lexington. N OTICE Lexington, Mass. March 20, 1939. The Board of Appeals will hold a hearing on the matter ov varying the application of the Zoning Law by permitting on the premises owned by Clarence H. and Anne B Conroy and located at 3 Summit Road, Lexington, the maintenance of a house that is not set back the required twenty feet from the street line, 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 April 7, 1939, at 8:00 P.M. in the Selectmen' s Room, Town Office Building, Lexington. ARTHUR N. MADDISON Chairman, Board of Appeals . The meeting adjourned at 8:30 P. M. A true record, Attest: Clerk 1