HomeMy WebLinkAbout1942-03-139
BOARD OF APPEALS 17EETING
March 13, 1942
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P. M.
Messrs. Kimball, Bowker, Brown, and Locke were present.
The Secretary was also present. In the absence of Mr.
Glynn, Mr. Kimball acted as Chairman Pro -tem, and in
the absence of Mr. Robbins, Mr. Bowker acted as Clerk.
At 8:00 P. M. hearing was declared open upon the
petition of Paul Costa for permission to alter the dwelling
located at 1099 Mass. Ave., Lexington, so as to accommodate
four families. Thirteen persons were present at the hear-
ing.
The notice of the hearing was read by Mr. Bowker.
Mr. M. L. Brown of 41 Holland Street, Somerville, said
that he represented the Brown and O'Brien Realty Corp., the
owners of the property. They propose to sell the property
to Mr. Costa if this petition is granted. Brown said that
the house was too large now, and inasmuch as there is a
shortage of small apartments in Lexington, they would like
to make the house over to take care of three or four small
Apartments. He said that he had no plans to show the change.
Mr. Kimball asked Brown if he was familiar with the
Tenement House Act, and he replied in the negative. Mr.
Kimball said that the Tenement. House Act was adopted by
the Town some time ago, and he read Paragraph 34, which
refers to wooden buildings. This section provides that
a house must be of fire -proof construction if occupied by
more than two families.
Mr. Brown said that if the petition was granted, he
intended to tear down the ell. He did not know that the
law would prohibit a four family house here. Mr. Kimball
asked if the Detition would have been for two families if
he had known of the law, and Brown replied in the affirmative.
Pair. Locke asked how many rooms there were in the main
house, and Brown said that he thought there were nine, not
counting the top floor.
Mr. Kimball asked what Mr. Brown thought the apartments
would rent for, and he said that he did '.not know, as he had
no knowledge of rentals in Lexington. He would have to
consult a realtor.
Mr. Kimball said that inasmuch as the Board could not
consider a four apartment house, the hearing would be con-
tinued on the basis of a two family house.
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Mr. Leonard E. Goguen of 1123 Mass. Ave. was the next
speaker. He said that the house in question was a good
example of old American architecture and could be made very
attractive. He thought that remodelling it to acconuaodate
two families would lower the value of the houses in the
neighborhood, and that people would be justified in asking
for a decrease in their valuations. He objected to the
granting of the petition, feeling that the change would be
contrary to the Zoning; Laws for this neighborhood.
Cne man living on Rhodes Street asked how the people
would get in and out, and h"r. Brown said that they could.
go out iaple Street, or out Rhodes Street. He said he had
a twelve foot right of way out to Bass. Ave. He said it
made no difference to him, and he would have the egress
wherever pleased the majority of the people. He said
that he did not want to bring in undesirables, and lie
thou,,ht it would be more desirable to have the house re-
modeled. 'There would be no change in the outside of the
house, with the exception of the removal of the ell.
Mr. Kirnball asked if l r. Brown had in mind using; the
11aple Street side of the premises for other houses, and
Brown said that he did.
William Armstrong of 16 Lockwood Road asked what was
to prevent Brown from building two family houses on I;aple
Street.
Benjamin W. Day of 13 Maple Street asked if this was
a change in the Zoning Law, or merely an application to
change over this particular piece of property.
Mr. Kimball said that this was a change permitted under
the Zoning Law, subject to the approval of the Board of Appeals.
He said that this was not a two-family zone.
Mr. Day said that if this building was remodelled to
accommodate two families, they would run into the trouble of
having to face two family houses in the rest of the vacant
land. He said that this house was entirely surrounded, with
two exceptions, with single family houses.
Mr. 0. H. Simmons of 5 Maple Street said that he agreed
with Day and Armstrong.
Ethel Y. Hartwell of 1115 Mass. Ave. said that when she
purchased her house she understood that this was a one family
zone, and she would not have purchased if she thought it
could be anything else. She said she did not want a two
family house here.
lir. Kimball said that the Board had received a letter
from J. Henry Duffy of Yaple Street objecting to the granting
of the petition. nor. Kimball asked Mr. Costa if he contem-
plated living in the house, and he replied in the affirmative.
He asked how many rooms there would be in each apartment.
Costa said that now there were four rooms downstairs and six
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upstairs, but the rooms downstairs could be made into
smaller rooms. He said that there were two bathrooms
in the house.
Mr. Kimball said that before the Board acted on the
petition, it should have some plans to go on. He asked
Brown to provide the Board with a sketch showing the
proposed changes.
Mr. Walter Beatteay of 12 Lockwood Road said that
he objected to the granting of the petition.
Mr. Kimball requested Brown to submit a sketch of the
proposed apartments, and declared the hearing closed at
9:00 P. M.
The records of the meeting held on November 21st
were approved.
The meeting adjourned at 9:02 P. M.
x true record, Attest:
Clerk Pro -tem.
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