HomeMy WebLinkAbout1942-03-27•
BOARD OF APPEALS MEETING
March 27, 1942
A special meeting of the Board of Appeals was held
in the Selectmen's Room, Town Office Building, at 8:00
P. M. to discuss the petition of Paul Costa for permission
to alter the dwelling located at 1099 Mass. Ave., Lex-
ington, so as to accommodate four families. Chairman
Glynn and Messrs. Kimball, Bowker, Brown, and Locke were
present. The Secretary was also present.
The Chairman said that it was in order for the Board
to organize. Upon motion of Mr. Kimball, seconded by Mr.
Locke, it was unanimously voted to elect Mr. C. Edward
Glynn as Chairman for the ensuing year.
The election of a Clerk was then discussed. Upon
motion of Mr. Locke, seconded by Mr. Kimball, it was unan-
imously voted that Eleanor M. Lowe be appointed Clerk of
the Board of Appeals until further notice.
1he records of the meetingheld on March 13th were
declared approved.
The Board then discussed the Costa petition. In
considering this application, the Board felt that it was
not empowered to give any decision regarding the use of
the premises as a two family house, and that a new appli-
cation for a hearing should be made if the owner wished
to alter it for such use.
Upon motion of Mr. Bowker, seconded by Mr. Locke, it
was unanimously voted that the Costa petition be denied,
in the following form:
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Paul Costa, 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 beaffected thereby as they appear
on the most recent local tax list, and also advertised in
the Lexington Minute -Man, a newspaper published in Lex-
ington, which hearing was held in the Selectmen's Room, in
the Town Office Building on March 13, 1942.
Two Associates and two members of the Board of Appeals
were present at the hearing. A certificate of notice is
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hereto annexed. At this hearing evidence was offered
on behalf of the petitioner tending to show:
That he wished to reconstruct the dwelling located
at 1099 Massachusetts Avenue, Lexington, so as to acco-
mmodate four families; that there would be no alteration
to the exterior with the exception of the removal of
the front porch; that the house would have access to
Maple Street and to Mass. Ave.
No plan was submitted showing how the alterations
were to be made.
Evidence was offered on bhhalf of citizens opposing
the granting of the said petition tending to show that
they were opposed to the property being altered so that
it would accommodate more than one family; that it was
felt that such a use of the house would have an unfavor-
able effect on the valuation of the properties in the
immediate vicinity.
At the close of the hearing the Board in private
session on March 27, 1942 gave consideration to the sub-
ject 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 im-
pair the status of the neighborhood.
3. That the exception requested will not; be in
harmony with the general purposes and intent of the reg-
ulations 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 urinedessary 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 Paul Costa to alter the house
at 1099 Mass. Ave., Lexington, so as to accommodate four
families. Such a use would be contrary to the Tenement
House Act for Towng which has been accepted by the Town
of Lexington, and which provides that buildings contain-
ing more than two apartments shall be of fireproof con-
struction. •
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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
hereinbefore 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. EDWARD GLYNN
EDWARD W. KIMBALL
WINTHROP H. BOWKER
ERROL H. LOCKE
J. MILTON BROWN
I, Winthrop H. Bowker, Clerk Pro -tem of the Board of
Appeals of Lexington, appointed under General Laws, Chapter
40, Section 27, hereby certify that I sent by postage cer-
tificate of mailing on the 3rd day of March, 1942 to Helen
Wiggins, Luella W. Harrod, Martin Casey, John T. Cosgrove
and A. Elizabeth Day, Johanna Kennedy, William N. Robbins,
Tr., Edward F. Buttrick, Alice F. Kennedy, Tr., John B &
Alma E. Lewis, Joseph Trani, John F. & Sara Fitzgerald,
Louis J. & Clara Reynolds, Frederick A. & Nellie D. Hoxie,
James & Martha Holt, James R. & Edna R. Hargreaves, Welthea
A. Flanders, Jane P. Knight, Shell Oil Co., Inc., Harvey L.
Glidden, Joseph Warren Coop. Bank, Ethel M. & Gertrude Hart-
well, Home Onwers Loan Corp., James Truran, Leonard E. &
Gertrude Goguen, George C. Wheaton, Nellie M. Perry, Edward
G. & Vira G. Wheaton, Cyrus H. & Joseph K. Fiske, Blackstone
Savings Bank, Paul J. & Hazel C. Kelley, Elizabeth Frost,
Ernest W. & Mary E. Clark, Quinton & Adelina Boscelli, Hill-
side Co-op. Bank, John L. Nuttall, Walter Beatteay, Medway
Savings Bank, William J. & Rachel K. Armstrong, Adolphus F.
Guerke,-Walter F. & Marion E. Lammers, and Paul Costa, and
also advertised in the Lexngton Minute -Man on February 26,
1942, a notice of which the following is a true copy.
Winthrop H. Bowker
Clerk Pro -tem, Board of Appeals
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February 12, 1942
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petitions the Lexington Board
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
No. 1099 Mass. Ave., owned by the Brown & O'Brien Raalty
Corp., of 41 Holland Street, Somerville, by permitting
the following: To alter dwelling to accommodate four
families.
Paul Costa
29 Haskell Street
Lexington, Mass.
N O T I C E
Lexington, Mass.
February 26, 1942
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 the Brown and O'Brien Realty Corp.,.
and located at 1099 Massachusetts Avenue, Lexington, the
alteration of the dwelling to accommodate four families,
The hearing will be held on March 13, 1942 at 8:00 P.
M. in the Selectmen's Room, Town Office Building, Lexington,
Mass.
C. EDWARD GLYNN,
Chairman, Board of Appeals
The meeting adjourned at 9:00 P. M.
A true record, Attest:
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