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HomeMy WebLinkAbout1941-01-31_ CO4A 222 ■ 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 nas 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 they would live in the house. Mr. Kimoall asked how many rooms there were, and Ricci said twat there were three rooms and a bath upstairs, and the same downstairs. Mr. Kimball asked if there was a kitchen downstairs, and hicci replied in the affirmative. He said be would have to put a kitchen upstairs and replace the bathroom. Also, he would have to put in new floors. Mr. Kimiball 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 nave 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 .,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 -e 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) . 219 behalf of the petitioner bending to show That he wished to erect a greenhouse on the premises at 708 Marrett Road, 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, 19gave ave 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, ng 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-law. 4. That owing to conditions especially affecting the said parcel but not affectint, 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 I 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 Parrett 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. 220 c BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch.140, Sec. 27) C. EDWARD GLYNN EDWARD W. KIMBALL WINTHROP H. BOWKER A. N MADDISON 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 certifi- cate of mailing on the 21st day of 'November, 19140 to Adam Grigor, Caywood & Edith Greening, Thomas J Rinaldo, Toras H. Basilian, Antonio Venuti & Frank Busa, and also advertised in the Lexington Minute-Man on November 21, 1940, a notice of which the following is a true copy. HOWARD W ROBBINS Clem, Board of Appeals. November 19 , 1940 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 708 Marrett 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, Mass. 221 ' T OTICE Lexington, Mass. 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. M. 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 ' /'Y //aaw �n Clerk Pro-tem. 1 222 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 ana his two sons were present at the hearing. Mr. Ricci said that he purchased the broperty, which n.as 20 acres of land, for his two sons, aid that he wished to con- vert the house into a two family dwelling. His sons are married, and tney would live in the house. Mr. Kimball asked how many rooms there were, and Ricci said t_iat there were three rooms and a bath upstairs, and the same downstairs. Mr. Kimball asked if there was a kitchen downstairs, and hicci 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 new 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 _ y-law and it was felt `ry the Board that with this location, and the desire of the family to be together, that no harm would e done to any others who might later on be affected. Upon motion of Mr. Maddison, seconded oy Mr. Brown, it was voted to grant the petition in the following form: ( Mr. Glynn wishing to 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 auvertised in the Lexington Minute- Man, a newspaper puolished 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 Board of Appeals were present at tne 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 cnange in the front entrance; that it probably will be necessar,r 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 suoject of the petition and voted unanimously in favor of the following findings : 1. That in its judgment the public convenience and welfare w111 be suvstaritially served by the making of the exception requested. 2. That the eception requested will not tend to imjrair the status of tne neighborhood. 3. l'hat 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 Loring district 224 cb 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 with- out 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 Salvatore Ricci to alter the dwelling located at 609 Waltham Street to accommodate two families , subect 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; o. That 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- oefore 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 to each party in interest. HOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40 Sec. 27) Edward W. Kimball J. Milton Brown Howard W. Ro.;bins A. N. Maddison C. Edward Glynn I, Howard W. Robbins , Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, heresy certify that I sent oy postage certificate of mailing on the 17th day of January, 1941 to Salvatore Ricci, Mary S. Condinho, Manuel Domings , Olive R. Faria, and Agnes F. Lima, Augustus J. p,, Lillian F. Silva, Luigi Ferrazzani, and Annie T. , Mary F. , and Letitia Carroll, and also advertised in the Lexington Minute Man on January 16, 1941, a notice of which the following is a true copy. /s/ Howard W. Robbins Clerk, board of Appeals . 225 January 7, 1941. Lexington card of .oning 1ppeals Town Office Landing Lexington, Mass . Rentlemen: The undersigned hereby petition the Lexington Lard 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. NOTICE The Board of Appeals will hold a hearing on tae matter of varying the application of the Zoning Law by permitting on the premises owned by Salvatore Ricci and located at 609 u,altham Street, Lexington, the alteration of a dwelling to accommodate two families, under the Lexington Zoning Law, or in accordance with Chapter 40, Section 27A of the General Laws , and amendments. The hearing will oe held on January 31, 1941, at 8:00 P.I. in the Selectmen' s Room, Town Office Building, Lexington, Mass. C EDWARD GLYMI\ Chairman, Board of Appeals . The records of the meeting held on January 6th were declared approved. A letter was received from Stephen Trebino of 8 Dunham Street, requesting that he be granted an extension of three months on his perait to alter the dwelling at 3 Dunham Street to accomodate three families. 226 Mr. Maddison moved tat the three month's extension ' be granted. Mr. Roebins seconded the motion and it was so voted. The meeting adjourned at 8:35 P M. A true record, Attest : 444AH7 w J � lerk. 1 1