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HomeMy WebLinkAbout1941-02-28232 BOARD OF APPEALS MEETING ' February 28, 1941 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. M. Messrs. Glynn, Bowker, Robbins, and Locke were present. The Secretary was also present. The Board considered the application of Alexander Marvin for permission to divide lots 5 and 6 in his development and to erect houses thereon, so that neither lot would have the re- ruired area of 7500 square feet. The lots are bounded by Taft Ave., Smythe Street, and Sutherland Road. The Board considered the application on the babis that the lots had originally been approved by the Board of Survey on August 16, 1938. It was felt that the distance between Taft Avenue and Smythe Street was not sufficient to give two lots of reasonable area that would be in accordance with the size of the other lots in the development, as appearing on blue print entitled "Plan of land in Lexington, Mass., Scale 1" = 40t L. G. Brackett & Co., Engineers". In arriving at this decision, due consideration was given to the slope of the land from Taft Avenue to Smythe Street, I where the grade is considerable. Upon motion of Mr. Bowker, seconded by Mr. Locke, it was unanimously voted to deny the petition in the following form: (Mr. Kimball wishing to be recorded in opposition) The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Alexander Marvin 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 deemdd 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 Selectmen4a Room, in the Town Office Building on February 14, 1941. 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 owners wished to build on Lot numbered 5 and 6 fronting 100 feet on Taft Avenue, 134.57 feet on Sutherland ' Road, and 100 feet on Smythe Street, and for this purpose wished to divide the plot into two lots of approximately equal size, eaoh of which would have an area of about 6,800 feet. 233 ' No evidence was offered opposing the petition. At the close of the hearing the hearing the Board in private session on February 28, 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 not be substantially served by the making 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 Lexington Zoning By-law as to the locus in question would not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. ' Pursuant to the said findings, the Board thereby denies the said petition of Alexander Marvin, and in doing so gives consideration to the grade of the land in this lot, and particularly to the fact that its division would result in two lots, each of much smaller area than practically all other lots in the develop*ent. The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set set forth and the testimony presented at the said hearing, in- cluding 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 a public record 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) C. Edward Glynn Edward W. Kimball Errol H. Locke Howard W. Robbins Winthrop H. Bowker The record of the meeting held on February 14 were approved. A true record, attest: Secre ry