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HomeMy WebLinkAbout1941-08-01278 BOARD OF APPEALS ISE ETING , August 1, 1941 A meeting of the Board of Appeals was held in the Sel- ectmen's Room, Town'Office Building, at 8:00 P. M. Chairman Glynn, Messrs. Kimball, Brown, and Robbins were present. The Secretary was also present. At 8:00 P. 11. hearing was declared open upon the petition of Robert H. Eldridge for permission to erect a building which would not have the required distance from the side line of the lot. Clerk Robbins read the notice of the hearing. Nr. & Mrs. Eldridge were present. Mr. Eldridge said that the lots where his house is are only 50' wide. His lot is 433' deep. He said that it was hard to build any- thing and not have it near the dine. He proposes to build a shed in the rear of his garage, which is about 71' from the line. The shed would be about 4' from the line. The Chairman asked how large a building he intended to , put up, and he said it would be 13' wide by 20' long. He would use the back of the garage for one end, and it would be 7' high in front and 6' high in back. The shed would be built of cement blocks. The Chairman asked what buildings there were on the next lot, and Eldridge said that it was vacant. He said that he had a single garage now, and wanted this shed for storage of tools, etc. No other persons wishing to be heard, they retired at 8:12 P. 1V. The records of the meeting held on July 18 were declared approved. Upon motion of Mr. Brown, seconded by I11r. Robbins, it was unanimously voted to deny the petition in the following form: (The Clerk reported that Mr. Locke wished to be record- ed in opposition) The Board of Appeals, acting under General Laws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by Robert H. Eldridge, 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 ' 279 ' recent local tax list, and also advertised in the Lexington ?4i nute-Tian, a newspaper published in Lexington, which hear- ing was held in the Selectmen's Room, in the Town Office Building on August 1, 1941. One Associate and three 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 he wished to erect a shed structure of concrete blocks in the rear of his garage on premises located at 495 'Kaltham Street, Lexington, and to place this shed within fouir feet of the side line of his lot; that the garage is located seven and one-half feet from the side line of the lot, and the lot is fifty feet in width by 433 feet in depth; that it would be a convenience to him to have the shed so located but it is not made necessary by the topography of the lot. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show - Yvo evidence was offered in opposition. At the close of the hearing the Board in private session ' on August 1, 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 diffi- culty 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 hereby denies the said petition of Robert H. Eldridge to erect a shed on his premises at 495 Waltham Street, Lexington, to be located nearer than seven and one-half feet from the side line of his lot, The Board hereby makes a detailed record of all its pro- ceedings relative to such petition and hereby sets forth that 280 the reasons for its decision are its findings hereinbe- fore 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 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. EDFIARD GLYNRT EDWARD Cir'. KIPvi-BALL J. 1%=TON BROWN TTO7jARD W. ROBBINS 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 July 17, 1941 to Irene Hayden, Joseph H. Potter, David A. Rix, Antonio & Mary Umbrello, Fred Bailey, Ervin R. Dix, and Robert H. Eldridge, and also advertised in the Lexington 1,inute h1an on July 17 and 24, ' 1941, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals July 7, 1941 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 9B of the Lexington Zoning By-law with respect to the premises at 495 Waltham Street, owned by Olive & Robert H. Eldridge of Lexington by permitting the following: A building for storage annexed to rear of garage, to be 13' x 201, made of cement blocks and four feet from line. Robert H. Eldridge 495 Waltham Street Lexington, n=ass. ' 1 1 1 0310000 Lexington, Nass. July 192 1941 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 Robert H. Eldridge and located at 495 Waltham Street, Lexington, the erection of a building which will not have the required distance from the side line, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. C. EDVIARD GLYNI\T Chairman, Board of Appeals The meeting adjourned at 8:50 P. M. A true record, Attest: Clerk 281