HomeMy WebLinkAbout1941-01-31000
BOARD OF APPEALS MEETING
January 31, 1941.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P.M. Messrs.
Maddison, Kimball, Robbins and Associate Member Brown were
present. The Secretary was -also present.
Mr. Kimball served as Chairman in the absence of Mr.
Glynn.
At 8:00 P.M. hearing was declared open upon the appli-
cation of ''alvatore Ricci for permission to alter the dwell-
ing at 609 Waltham Street, Lexington, so as to accommodate
two families.
The notice of the hearing was read by Clerk Robbins.
Mr. Ricci and his two sons were present at the hearing.
Mr. Ricci said that he purchased the property, which has 20
acres of lard, for his two sons, and that he wished to con-
vert the house into a two family dwelling. His sons are
married, and they would live in the house.
Mr. Kimball asked how many rooms there were, and Ricci
said that there were three rooms and a bath upstairs, and
the same downstairs.
Mr. Kimball asked if there was a kitchen downstairs,
and xicci replied in the affirmative. He said he would have
to put a kitchen upstairs and replace the bathroom. Also,
he would have to put in neva floors.
Mr. Kimball asked if there would be any outside altera-
tions, and Mr. Ricci said he would have to put in.a new, front
door.
Mr. Maddison asked if there was a rear entrance, and Mr.
Ricci said that there was one to the downstairs apartment,
but he would have to have an outside staircase to the upstairs
apartment.
No other persons wishing to be heard, the hearing was
declared closed at 8:10 P.M.
This is provided in the Zoning 3y -law and it was felt
by the Board that with this location, and the desire of the
family to be together, that no harm would be done to any
others who might later on be affected.
Upon motion of Mr. Maddison, seconded by Mr. Brown, it
was voted to grant the petition in the following form:
( Mr. Glynn wishing to -e recorded in favor).
elT,
behalf of the petitioner bending to show:
That he wished to erect a greenhouse on the premises
at 708 lalarrett Load, located about 125 feet from the street
line, the size to be 57 feet in length by 11 feet in width
and the top to be constructed of cold frame sash which he
has on hand, the building to be heated by stove.
No evidence was offered in opposition.
At the close of the hearing the Board in private session
on January 6, 1941 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 mak En 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
pith the general purposes and intent of the regulations
in the Lexington Zoning By -lata.
4. That owing to conditions especially affecting
the said parcel but not affecting generally the Zoning dis-
trict 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 pe-
titioner and that desirable relief may be granted without
substantially derogating from the intent or purpose of such
Zoning By-law.
Pursuant to the said findings, the Board hereby un-
animously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit Biagio Cacciola to erect a greenhouse 57 feet
long by 11 feet wide, located on his premises at 708
Barrett Road, and not nearer to the street line than 100.
feet therefrom, under the condition that he shall keep the
appearance of the building neat and clean.
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.
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BOARD OF APPEALS OF LEXINGTON '
(Appointed under G.L.Ch.40, Sec. 27)
C. EDWARD GLYNN
EDWARD W. P II'MALL
WINTHROP H. BOWKER
A. N. hADDISON
ER.ROL H. LOCKE
I, Howard W. Robbins, Clerk of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 4.0,
Section 27, hereby certify that I sent by postage certifi-
cate of mailing on the :1st day of ivovember, 1940 to
Adam Grigor, CayNlood & Edith Greening, Thomas J. Rinaldo,
Toras H. Bashian, Antonio Venuti & Frank Busa, and also
advertised in the Lexington Iinute-Man on November 21,
19403 a notice of which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
November 19, 1940
Lexington Board of Zoning Appeals '
Town Office Building
Lexington, i.Iass.
Gentlemen:
The undersigned hereby petition the Lexington Board
of Appeals, appointed under General Laves, Chapter 40,
Section 27, to vary the application of section 9A of the
Lexington Zoning By-law with respect to the premises at
No. 708 Fb_arrett Road, owned by Biagio Cacciola of Lexing-
ton, by permitting the following:
Construction and maintenance of a greenhouse.
/s/ Biagio Cacciola
708 Marrett Road
Lexington, Puss.
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1,11 0 T I C E
Lexington, plass.
November 21, 1940.
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 Guiseppa Cacciola
and located at 708 Marrett Road,` Lexington, the construct-
ion and maintenance of a greenhouse, 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 13, 1940 at
8:00 P. h. in the Selectmen's Room, Town Office Building,
Lexington, Mass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
The meeting was adjourned at 9:00 P. M.
A true record, Attest:
' %Ifati
Clerk Pro -tem.
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BOARD OF APPEALS MEETING ,
January 31, 1941.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P.M. 1.1essrs.
Maddison, Kimball, Robbins and Associate Member Brown were
present. The Secretary was -also present.
Mr. Kimball served as Chairman in the absence of Mr.
Glynn.
At 8:00 P.M. hearing was declared open upon the appli-
cation of °alvatore Ricci for permission to alter the dwell-
ing at 609 Waltham Street, Lexington, so as to accommodate
two families.
The notice of the hearing was read by Clerk Robbins.
Mr. Ricci and his two sons were present at the hearing.
Mr. Ricci said that he purchased the property, which. has 20
acres of land, for his two sons, and that he wished to con-
vert the house into a two family dwelling. His sons are
married, and tl1e, would live in the louse. '
Mr. Kimball asked how many rooms tiaere were, and Ricci
said that there were three rooms and a bath upstairs, and
the same downstairs.
Mr. Kimball asked if there was a kitchen downstairs,
and Ricci replied in the affirmative. fie said he would have
to put a kitchen upstairs and replace the bathroom. Also,
he would have to put in new floors.
Mir. Kimball asked if there would be any outside altera-
tions, and Mr. Ricci said he would have to put in a new front
door.
Mr. Maddison asked if there was a rear entrance, and Mr.
Ricci said that there was one to the downstairs apartment,
but he would have to have an outside staircase to the upstairs
apartment.
No other persons wishing to be heard, the hearing was
declared closed at 8:10 P.M.
This is provided in the Zoning i>y-law and it was felt
by the Board that with this location, and the desire of the
family to be together, that no harm would 'oe done to any
others who might later on be affected.
Upon motion of Mr. Maddison, seconded by Pair. Brown, it
was voted to ,rant the petition in the following form:
( Mr. Glynn wishing to i_e recorded in favor).
223
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 Salvatore Ricci, a copy of which is hereto annexed, held
a public hearing thereon of which notice was mailed to the
petitioner and to the o-..,.ners 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 Yinute-
Yan, a newspaper published in Lexington, which hearing was
held in the Selectmen's Room, in the Town Office Building
on the 31st, day of January, 1941.
One Associate and three members of the joard 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 purchased the house at 609 Waltham Street and in-
tended to have it occupied by the two married sons; that
the house was about forty years old and that the lot con-
tained 20 acres; that the house stands back approximately
74' fromthe street; that he desired to remodel the house
for upstairs and downstairs apartments; that this will require
' the addition of a bathroom and kitchen on the second floor;
that there will be a change in the front entrance; that it
probably will be necessary to add an outside stairway to the
second floor on the side which will provide a second entrance
to the upstairs apartment; that a bathroom would be added to
the first floor.
At the close of the hearing the Board in private session
on January 31, 1941 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 su;stantially served by the :.laking of the exception
requested.
2. That the exception requested will nct tend to im-)air
the status of the neinborhood.
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
224 C�
in which it is Tocated, 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 with-
out substantially'derogating from the.intent or purpose of
such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unanimousTv
decides that the application of the stLid Lexington Zoning
By -lava is hereby varied so far as may be necessary to permit
Salvatore Ricci to alter the dwelling located at 609 Waltham
Street to accommodate two families, subject to the following
conditions:
1. That there shall be no alterations on the exterior
of the building, excepting the staircase to the second
floor;
2. That this permit shall be in force only so long as one
apartment is occupied by a son or daughter of the petitioner;
3. Thal, the premises shall be kept in good repair.
The Board hereby makes a detailted 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 he 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 to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L. Ch. 40 Sec. 27)
Edward I. Kimball
J. Milton Brown
Howard W. Robbins
A. X. Maddison
C. Edward 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 17th day of January, 1941 to Salvatore Ricci, 1114ary
S. Condinho, B4anuel 5. Domings, Olive R. Faria, and Agnes F.
Lima, Augustus J. 8, Lillian F. Silva, Luigi Ferrazzani, and
Annie T., Mary F., and Letitia Carroll, and also advertised in
the Lex:inrton Hinute Io1an on January 16, 1941, a notice of which
the following is a true copy.
/s/ Howard W. Robbins '
Clerk, oard of ppeals.
fl
Lexington Board of Zoning Ippeals
Town Office Luilding
Lexington, 14ass.
Gentlemen:
January 7, 1941.
The undersigned hereby petition the Lexington 'Board of
Appeals, appointed under General Laws, Chapter 40, Section 27,
to vary the application of section 9c of the Lexington Zoning
By -Law with respect to the premises at 609 Waltham Street, owned
by Salvatore Ricci of Lexington, by permitting the following:
The alteration of the dwelling to accommodate two families.
Salvatore Ricci
1010 Waltham Street
Lexington, mass.
Lexington, Mass.
January 16th, 1941,
N O T I C E
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting on
the ore-nises owned by Salvatore Ricci and located at 609
Vialtham Street, Lexington, the alteration of a dwelling to
accommodate two families, under the Lexington Zoni_.g Law, or
in accordance vrith Chapter 40, Section 27A of the General
Laws, and a.nendments.
The hearing will be held on January 31, 1941, at 8:00
Y.Iv`. in the Selectmen's Room, Town Office Building, Lexington,
Mass.
C. EDWARD GLY1 Pi
Chairman, Board of Appeals.
The records of the meeting Held on January 6th were
declared approved.
A letter was received from Stephen Trebino of S Dunham
Street, requesting that he be granted an extension of three
months on his permit to alter the dwelling at 8 Durham Street
to accomodate three families.
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226
Mr. Maddison moved that the three month's extension '
be Cranted. Mr. Robbins seconded the motion and it was
so voted.
The meeting, adjourned at 8:35 P.M.
A true record, Attest:
lerk.
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