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HomeMy WebLinkAbout1941-11-21BOARD OF APPEALS MEETING November 21, 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 and Messrs. Robbins, Kimball, Locke, and Brown were present. The Secretary was also present. At 8:00 P. M. hearing tion of Katherine Ross for located at 2173 Mass. Ave., than one family. was declared open upon the peti- permission to alter the dwelling Lexington, to accommodate more Mr. Alrbert A. Ross and his architect, Mr. C. H. Eriek- sonson, were present. Ten other persons were present. The notice of the hearing was read by Clerk Robbins. Mr. Erickson said that Mr. Ross wished to make the house over into a three family house, and he thought it would be much better. There would be one apartment with five rooms on the first floor, and the second and third floors would take two more apartments. On each side of the second floor there would be a kitchen and a living room, and on each side of the third floor there would be two bedrooms. The Chairman asked how many rooms there were in the house, and Mr. Erickson said that there were thirteen. The Chairman asked if there were facilities now for more than one family, and Erickson replied in the nega- tive. The Chairman asked if there was a two family house on the property now, and Mr. Ross said that there was. He said it was his intention to remodel the house in the rear within a year. Mr. Erickson presented a sketch changes. He said that they proposed entrance in the front. The Chairman asked what changes front of the house, and Mr. Erickson was a large porch, and that is to be put in its place. New blinds will be will be put in first class condition. front and one rear entrance to serve Mr. Ross said that the property attractive after all the alterations No other persons wished to speak ing of the petition. showing the proposed to have one central there would be in the said that now there removed and a terrace put on, and the house There will be one all apartments. would look much more were made. in favor of the grant- • • • Mr. W. H. Bowker said that he wished to oppose the granting of the petition on behalf of his wife, Edith D. Bowker. He said that she felt it would be detrimental to the neighborhood. Mr. Willard C. Hill said that he thought the Building Laws prohibited three family houses, and that the Tenement House Act prevented it. The Chairman said that he was not sure, and would have to look it up. The Chairman said that the house was in a two-family zone. Mr. Hill said that there was no doubt that Mr. Ross would make an improvement, but it seemed to him as though it would be "letting down the bars". He said he did not like to oppose Mr. Ross, as they were good friends, but he was afraid of establishing a precedent. Mr. Ross said that if there was a law prohibiting three family houses, he did not know of it. He said that if the house was remodelled into a two family house, it would mean having one apartment with eight rooms, and one with four rooms. He said that there was a big demand for small apartments in Lexington for newly married couples. He said that he would rather see three young couples in the house than one large family. • Carolyn L. Nickerson of 2198 Mass. Ave. was represented by her husband, Donald Nickerson. He said that his wife was opposed to the change, although he regretted opposing Mr. Ross. They thought it would be bad for the neighborhood. Mr. Kimball asked if the objection would hold to two apartments, and Messrs. Nickerson and Hill said they thought two apartments should be allowed. Mrs. Bowker said that formerly there were five two family houses in the neighborhood, and now four of these are one family houses. She said that the whole neighborhood had been improved, and it would be too bad to allow this three family house established. Mr. W. R. Rosenberger felt that a three family house should not be allowed here, as it would be "letting down the bars". Mr. Harry A. Williams of 15 Cedar Street said that he would not object to a two family house here, but thought it would be establishing a precedent that would be detrimental to the neighborhood if a three family house was allowed. Mr. George M. Fuller of 2210 Mass. Ave. said that if the house was to remain a three floor house, he would have no objection to having it a three family house. Mrs. Turner C. Kelley said that she thought Mr. Kelly would feel the same as Mr. Fuller. Mr. Fuller said that the improvement to the house was much more importand than the number of tenements. M • Mrs. Bowker said that it would mean five families on a small lot. She said that the houses were practically on the street, and they do not have a good back yard. Mr. Ross said the property consisted of about 27,000 square feet, and therefore, he could not put another house between the Silva house and Cedar Street. Mrs. George M. Fuller said that she did not agree with her husband entirely, and she would object to a three fam- ily house. Mr. Ross said that if there was a law prohibiting three family houses, then he would like a permit for a two-family house. Mr. Ross said that he could have sold the house to un- desirable people on two different occasions, but he would not do it. He said he did not want to do anything that would cause hard feeling among the neighbors. The Chairman told Mr. Ross that the Board would consider his application subject to the amendment he voiced. No other persons wishing to be heard, the hearing was declared closed at 8:35 P. M. The Board recognized that the location of this house is in a two family residence zone; that the house, contain- ing thirteen rooms, is too large to accommodate the average • family; that it and one other house occupy an area of approx- imately 27,000 square feet. Upon motion of Mr. Kimball, seconded by Mr. Brown, it was unanimously voted to grant the permit for a two family house, as follows: 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 Katherine Ross, 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 hear- ing was held in the Selectmen's Room, in the Town Office Building on the 21st day of November, 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 be- half of the petitioner tending to show: That she wished to alter the residence located at 2173 Mass. Ave., Lexington to accommodate three families, by using the first floor for one apartment and the two upper floors for two apartments, substantially in accordance with I* 0 the plans presented. Lacking authority to remodel the residence into three apartments, she wished to alter it into a two apartment residence. The house contains thir- teen rooms. Evidence was offered on behalf of those opposing the granting of the petition tending to show that a three apart- ment residence at this location would be detrimental to the neighborhood, and would depreciate the value of surrounding residences; that while this property is located in a two family residence district, the trend has been to decrease the number of two family houses so that at present there are only two such residences in this R-1 zone. At the close of the hearing the Board in private session 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 in which it is located, a literal enforcement of the pro- visions of the Lexington Zoning By-law as to the locus in qudstion 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 Katherine Ross to alter the dwelling located at 2173 Mass. Ave., Lexington, so that it will accommodate not more than two families, subject to the following conditions: (1) that the external appearance of the house after altera- tions shall be substantially in accordance with the plan entitled "Front elevation -scale 1/2" = 1" C. Harry Erickson, Architect"; (2) that the existing entrance from Cedar Street shall be eliminated and that there shall be no steps, porch, or other structure on that side of the house nearer to the street line than the main wall of the house; (3) that these alterations shall be completed by November 1, 1942. 13 IVA 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. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L.Ch.40, Sec. 27) C. EDWARD GLYNN EDWARD. W. KIMBALL J. MILTON BROWN ERROL H. LOCKE HOWARD W. ROBBINS I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 6th day of November, 1941 to Eliot H. & Gertrude B. MacArthur, Ada C. Williams, Phillip S. O'Dowd, Viola Harding Jones, Gladys A. Marshall, Homer J. Bartlett, Thomas H. Robinson, Jesse & Mary Curra, Mary H. Hennessy, Mary A. & Anastasa R. Ferry, George S. Thomas, CRtherine A. Kimball, Robert P. Trask, William R. & Eleanor P Rosenber- ger, Home Owners Loan Corp., Laura H. Kelly, Clora A. Hill, Emily C. Collins, Edith D. Bowker, Caroline L. Nickerson, Helen C. Whittemore, George M. & Emilie A. Fuller, Hannah B. Breslin, Frank P. & Mary E. Rycroft, Catherine L. Ready, at al, Robert C. & Marie E. McAnaul, Helen T. Valliere, at al, Roy & Ethel 11. Johnsen, and Albert A. Ross, and also advertised in the Lexington Minute Man on November 6, 19419 a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals October 31, 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 • • 279 to vary the application of section 90 of the Lexington Zoning By-law with respect to the premises at 2173 Mass. Ave., Lexington, owned by Katherine Ross of Lexington by permitting the following: Alteration of dwelling to accommo- date more than one family. Albert A. Ross by C. Harry Erickson Great Road, Bedford N 0 T I C E Lexington, Mass. November 6, 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 Katherine Ross and located at 2173 Massachusetts Avenue, Lexington, the alteration of the dwelling to accommodate more than one family, under the Lexington Zoning Law or in accordance with Chapter 40, Sea - tion 27A of the General Laws and amendments. The hearing will be held on November 21, 1941 at 8:00 P. 11. in the Selectmen's Room, Town Office Building,Lexington. C. EDWARD GLYNN Chairman, Board of Appeals The Board gave consideration to the matter of having available a larger number of alternate members, and re- ferred this to the Planning Board for its consideration, with the recommendation that either the number of alternate members provided for in the Zoning Law be increased by two, or be left to the discretion of the Selectmen. The records of the meeting held on November 7th were de- clared approved. The meeting adjourned at 10:00 P. M. A true record, Attest: • Clerk 15