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HomeMy WebLinkAbout1942-05-0117 BOARD OF APPEALS MEETING May 1, 1942 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Chairman Glynn and Messrs. T=Taddison, Brown, Bowker, and seen were present. The Clerk was also present. At 8:00 P. IT. hearing was declared open upon peti- tion of Ari. L. Brown for permission to alter the dwelling at 1099 Mass. Ave., Lexington, so as to accommodate two families. Three men and three women were present at the hearing. Mr. Brown did not appear until 8:20 P. 11. The notice of the hearing was read by Mr. Bowker. Mr. Brown presented blueprints showing the proposed changes. He said that he wished to alter the building to accommodate two families. He intended to tear down the ell in the rear and take off the porch, but would make no other changes in the exterior. One door in the front would take care of both apartments. The Chairman asked if Mr. Brown owned all the pro- perty shown on the plan, and he replied in the affirmative. The Chairman asked where the access to the house would come, and Brown said he thought of using Rhodes Street. The Chairman said that the house would have to have frontage on some street. Brown said that the frontage would be incidental to him if he could alter the house. He said he would do whatever the Town required with re- gard to frontage. He said that no changes would be made in the third floor. Mr. Nutthall asked what Brown would charge for rent, and he said that depended upon how much the alterations cost him. He also said he would have to consult a realtor. He thought he probably could get 1,45.00 or $50.00 for each apartment. Each apartment would have four rooms and a bath. T,"r. Green asked Brown if he had ever rented the house since he owned it, and he replied in the negative. P.r. Green remarked that Brown did not know how much he could rent the house for as a single residence. Brown said it would cost as much to put the house in condition for one family as it would cost for two families. Mr. Nutthall asked if the Government would allow hi4i to make alterations, and he said he believed that he would have no difficulty. Nuttall asked if he was going to put in wall board partitions, and Brown said that there would be very little change in the walls. • 0 �J Bir. Leonard B. Goguen of 1123 Lass. Ave. asked if these were the final plans, and Brown said that they were. The Chairman said that if this petition was granted, it was not changing the Zoning Law, as it would be a variance allowed in the Zoning By-law. Bir. Nuttall said he did not see 'sow these plans could be adapted to this rouse, and the Chairman explained that the Building Inspector would see that the Building By-laws were complied with. Bir. Brown said that he intended to install two steam heating plants. A:'r. Goguen said that they wanted to keep the neigh- borhood as a one family zone, and this would be an opening wedge. Iie said that there were other large houses in the neighborhood, and if this petition was granted, others would come in. i!:r. & Mrs. Louis E. Tighe of 7 Lockwood Road, and Gertrude A. & Ethel Bi. Hartwell of 1115 Mass. Ave., said that they were opposed to the granting of the petition. The Chairman asked Brown if he intended to retain the ownership of the house, and Brown said he intended to sell it. He said that the liquidated banks had about six par- cels of property left, and this was one of the parcels that he received from the Inman Trust Company. He did not wantthis house, but he got it and wanted to protect his own interests. No other persons wishing to be heard, the hearing was declared closed at 9:05 Y. 1,11. The group retired. The Board then discussed the petition, and upon motion of r:"r. P-raddison, seconded by Mr. Brown, it was unanimously voted to deny the petition 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 Pn. L. Brown, 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 Kinute-Man, a newspaper pub- lished in Lexington, which hearing was held in the Select- men's Aoom, in the Town office Building on May 1, 1942• Two Associates 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 alter the single family dwelling located at 1099 Nass. Ave., Lexington, so that it would • accommodate two families, one apartment on the first floor, and the other apartment on the second floor, with no pres- ent use being made of the rooms on the third floor; that it was his intention to raze the ell at the rear of the house, and to make necessary repairs and alterations, after which he hoped to find a buyer for the property, preferable one who would occupy one of the apartments; that it was his intention to tear down the porch now sur- rounding three sides of the house, and otherwise make no changes in the outer appearance, leaving a single,door as a front entrance for both apartments. Nobody but the petitioner appeared in favor of the granting of the petition. Evidence was offered on behalf of the citizens opposing the granting of the said petition tending to show that this dwelling is located in a single family zone, and that they wished to keep it so, and feared that the change of one property to a two family house might act as a precedent for similar applications on other housee; that the dwelling was very old and in a very much run down condition, so that they doubted that it would be profitable to make sufficient repairs and replacements to put the building in such condition that it would not be detrimental to the neighborhood. At the close of the hearing the Board in private session on May 1, 1942 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 reauested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not be in har- mony with the general purposes and intent of the regulation~ 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 prac- tical 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 hereby denies the said petition of Pa. L. Brown to alter the dwelling at 1099 h1ass. Ave., Lexington; and in doing so, gives con- sideration to the fact that the structure is a very old one and in a very much run down condition so that it appears to have relatively little value at the present time; also that it is located in the rear of a gasoline 0 33 filling station at the corner of 1.assachusetts Avenue and ,anle Street. 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 i=mediately 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. B0 ZRD OF SPP: 2,1S OF I,E_>I,!GTOT.T (appointed under G. L. Ch. 40, Sec. 27) C. EDWARD GLYIPT J. I?IILTON BROVIN GEORGE H. E. GREEhT '4IKTHROP H. BO?7YER ARTT-R R IT. P ADDISON I, Eleanor ::.. Lowe, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of nailing on the 9th day of April, 1942 to Helen Wig,,ins, Luella W. Harrod, Ylartin Casey, John T. Cosgrove and A. Elizabeth Day, Johanna Kennedy, Willian N. Robbins, Tr., Edward F. Buttrick, Alice F. Kennedy, Tr., John B. & Alma E. Lewis, Joseph Trani, John F. k:, Sara Fitzgerald, Louis J. °w Clara Reynolds, Frederic A. &, Nellie D. Hoxie, James & ]lartha Bolt, James R. & Edna R. Hargreaves, Wealthea A. Flanders, Jane P. Knight, Shell Oil Co., Inc., Harvey L. Glidden, Joseph 1.".arren Co-op. Bank, Ethel T. & Gertrude Hartwell, Home Owners Loan Corp., James Truran, Leonard E. Ac. Gertrude Goguen, George C. Wheaton, Nellie :I, Perry, Edward G. &. Vira G. 7heaton, Cyrus H. & Josephine r:, Fiske, Blackstone Savings Bank, Paul J. & Hazel C. Kelly, Elizabeth Frost, Ernest W. & ihary E. Clark, quinton & Adelina Boscelli, Hillside Co-op. Eank, John L. Nuttall, Vlalter Beatteay, I,Iedway Savings Bank, VVilliam J. & Rachel K. Armstrong, Adolphus F. Guerke, VIalter F. & I,Iarion E. Lammers, and Paul Costa, and also advertised in the Lexington I:1inute-11an on February 26, 1942, a notice of which the following is a true copy. Eleanor II. Lowe Clerk, Board of Appeals April 2, 1942 Lexington Board of Zoning Appeals Town Office Building Lexington, T4ass. Gentlemen: The undersigned hereby petition 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 1099 11assachusetts Avenue, Lexington, owned by Brown & O'Brien Realty Corporation of Somerville, Massachusetts by permitting the following: To alter the above dwelling so as to accommodate two families. P. L . BROVJTd 40 Holland Street Somerville, Mass. BOARD OF APP -GALS NOTICE Lexington, Mass. April 9, 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 & O'Brien Realty Corp., and located at 1099 Mass. Ave., Lexington, the alteration of the dwelling to accommodate two families, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on iv.ay 1, 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 9:45 P. 14. A true record, Attest: V).p��- er 0 0