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HomeMy WebLinkAbout1943-04-30V� BOARD OF APPEALS Iv!EETIING April 30, 1943 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on Friday, April 30, 1943 at 7:45 P.M. Messrs. Glynn, 11addison, Bowker, Locke and Associate Member Brown were present. Mr. Glynn said that it was in order for the Board to organize. Upon motion of Mr. bladdison, seconded by Mr. Bowker, it was unanimously voted to elect Mr. C. Edward Glynn as Chairman for the ensuing year. The Chairman said that.the Board should acknowledge the resignation of Miss Eleanor II. Lowe. Upon motion of Mr. Locke, seconded by Mr. Bowker, it was voted to accept the resignation of Miss Lowe as Clerk of the Board of Appeals. Upon motion of Mr. Locke, seconded by Mr. Bowker, it was then voted to appoint bliss Hazel J. Murray Clerk of the Board. The records of the meeting held on November 13, 1942 • were approved. At 8:00 P.M. hearing was declared open upon the peti- tion of John B. Richardson for permission to alter the three story frame building, located at 283 Massachusetts Avenue, Lexington, into a twelve suite dwelling house. Mr.'Richardson, his attorney Mr. John L. Murphy, Messrs. William E. Cann, E. A. Lindstrom and Nathan Bidwell were present. There were ten other persons at the hearing. The notice of the hearing was read by Mr. Bowker. Mr. John L. Murphy, 40 Court Street, Boston, said that he was representing Mr. Richardson. Mr. Murphy said that he thought that there had been an informal hearing before the Board of Selectmen relative to the matter under discussion tonight. He said that the building at 283 Mass. Avenue had been used as a Rest Home and is a three story frame building, and was owned last summer by the North Avenue Savings Bank of Cambridge. He said that Mr. Richardson, who is a builder, and has built houses in Lex- ington and Arlington looked over the building and agreed to purchase it from the bank and in his agreement he had this stipulation, provided that he would be able to obtain • 6 7 • a permit from the Town of Lexington to convert the build- ing into twelve apartments. This was made a condition of the agreement and the agreement was signed with that pro- vision. He said that before the time for carrying out the agreement arrived, Mr. Richardson applied to the Building Inspector, filed his plans and specifications and talked the matter over with him and the Building Inspector made certain recommendations. He told Air. Richardson to see the State Inspector of the Department of Public Safety who would undoubtedly have some ideas on the matter, before the plans were completed. Several suggestions were made by the State Officials and incorporated in the application. The Building Inspector then suggested that he confer with the Chief of the Fire Department. Additional suggestions were made and incorporated in the specifications and drawn into the plans. When this had been done, the permit was granted. After the permit was granted, Mr. Richardson, being bound by the agreement completed the transaction with the bank and paid his money. Then, by virtue of the authority of the permit, made contracts, applied for priorities and did con- siderable work around the housed. Some time after that, Air. Richardson received a letter from the Building Inspector, dated August 4, 1942 stating that the .permit would have to be Oft"elled. Mr. Murphy said that some time later, an informal he�,r- ing was held with the Board of Selectmen at which time the matter was discussed. Mr. Murphy said he understood that the Tenement House Act was then in effect in the Town of Lexington and under that Act any building must be of first- class construction and this building would never be first- class construction and under the Act, as it stood at that time, the permit would not be granted and had to be can- celled. He said that Mr. Richardson then informed the Board that he had no knowledge of the fact that the Tenement House Act was in effect in Lexington. He relied on the supposition that the Building Inspector would have known that this was not a first-class building and would be barred by the Tenement House Act. Mr. Murphy said that until Mr. Richardson dis- covered that, he was unable to see why the permit was refused and he had his attorney at that time prepare a bill in equity and he intended to go further in the matter. When the Board of Selectmen explained the Ter;ement House Act to him, the matter wLs clear and he was told at that time by someone at the hearing that Lexington intended to rescind the acceptance of the Tenement House Act and if he would wait a short time, with the Act out of the way, there would be no reason why the change in this property could not go forward. Thereafter plans were made to repeal the Act and it was repealed this spring. L' • In view of that fact, Mr. Richardson again applied for a permit and the Inspector still says that it is not in accordance with the Zoning LLw and that is why the appeal is here tonight. The Chairman asked if it were Zoning Law of Building Law and Mt. Murphy said as he understood it, it was Zoning Law. Mr. Murphy said that as far as the fire hazard was concerned, he thought the specifications go as far as pos- sible in making the building fire resistant. He said that anything the Board formally or informally suggests will be adopted by Mr. Richardson. The Chairman asked what change would be made in the outward appearance and Mr. Murphy said that the piazza on three sides would be removed except a little in the back of the house where the fire escape rests. The Chairman asked if the floorswere wood and Mr. Richardson said that they were. He said that the walls and ceilings will be of wire lath and hard plaster. The entire cellar will be wire lathed and plaster. Mr. Richardson said that the law requires two windows in the basement and there are two windows there. The 9hairman asked if the buildiztr,?had a slate roof and Mr. Richardson replied in the affirmative, stating that the roof was in good condition. The Chairman asked if there were any persons present • who wished to speak in favor of granting the petition. No one appeared in favor. The Chairman asked if there were any persons present who wished to speak in opposition of granting the petition. Mr. James R. Hargreaves, 1071 Mass. Avenue asked if Mr. Richardson had built houses in Lexington why was he unaware of the zoning regulations. Mr. Murphy explained that he knew Mr. Richardson had built houses in Arlington and he thought he had built some in Lexington. Mr. Richardson said that he had never built in Lexington. Mr. Peter VanGemert, 67 Baker Avenue, said that he objected to the granting of the petition as he believed Lexington was not without buildings or building room. He said that a building containing twelve apartments would tend to make the section look like a city rather than a town and that the building was not safe and that it was not of first-class construction. Mr. Marshall Boyler, 33 Brandon.. Street, said that he lived as near this property as anyone and that he op- posed to the granting of the petition, stating that if he wanted to live in a Tenement House section, he would have moved to Cambridge. The Chairman asked him if he lived in a one family section and he replied in the affirmative. • • 0 Mr. Harry Palladino said that he owned property at 267 Nass. Avenue and he wished to be recorded in opposi- tion. He said that this was a well cared for section and the people tried to keep their places looking good and an apartment house might invite less desirable people to the neighborhood. Miss Helen Burke, 314 mass. Avenue, said that she lives with her sister and their house practically faces the build- ing. She strongly objects to granting the petition. Miss Emily Burke also said that she wished to be re- corded in opposition to granting the petition. A gentlemen, who neglected to give his name, asked if the tenants would be permanent or temporary and Mr. Richardson said that they would be permanent. This man said that he believed the majority of fires began in other rooms than kitchens. He also objected 'because of the fact that there might be several cars going in and out which would create a hazard to children in the neighborhood. He said he could not see how twelve apartments could be crowded into the building. Mrs. Blanche Banks said that she owned the pro- perty in back of the Rest Inn and she would not object if the laws were complied with. She said that the build- ing is a fire hazard. 14r. Palladino said that if an apartment house were being constructed entirely from the ground, of real first class construction, there might not be any objection, but to out twelve families and equipment into the building, in his opinion would be a strain on the building. Mr. Shine of Mass. Avenue said that he had readsbout the fire in Boston and he thought the same condition would exist in Lexington the moment a building of this construc- tion was allowed. He said that there were fire escapes and some railing around the roof but he did not believe this would take care of twelve families. He said that at the time this building was owned by the bank it was condemned and he wished to be recorded in opposition of granting this petition. Mr. Murphy said that there would be no garage in con- nection with the building. He said that the building was in poor condition but no matter how much it costs or what condition it is left in, it will be a lot better than it looks today. :64 70 The Chairman asked if this was one entire lot and Mr. Richardson replied that he purchased the property as one lot, that it is one lot with one building on it and has been that way for sojae time. Mr. Doherty, 282 Mass. Avenue, said that he had been a city dweller and has no objection to a city but he be- lieved if twelve families were to live in the building, there would be cars in the street at all times. Mr. Richardson said that he had room enough to park 75 cars. The hearing was declared closed at 9:00 P.M. All persons present retired with -the exception of Mr. Cann and Mr. Lindstrom. y At 9;00 P.PMI, hearing was declared open upon the petition of Countryside Inc. for permission to alter the premises located at 400 Lowell Street, Lexington, to accommodate four families. Mr. Howard 1:. Munroe and Mr. and Pers. Irving Currier appea_ed at the hearing. Mr. Mitchell, an architect, was also present. The notice of the hearing was read by h -r. Bowker. Mr. Currier presented a plan of the proposed change to the building and stated that he lives in an apartment upstairs at the present time. The Chairman asked if the walls were fire resistant and Mr. Currier replied that they were solid fire resis- tant and that the building was constructed of solid brick. The Chairman asked what the floors were and Mr. Currier said that the floors were wood with inlaid lin- oleum. The Chairman asked if there was a central heating plant. and Mr. Currier replied in the affirmative and said that the building was steam heated. The Chairman asked if the heating system was the same now as it would be for the proposed apartments and Mr. Currier said that it was. The Chairman asked about the interior walls and Mr. Mitchell, Mr. Currier's architect, replied that they'were wood frame with plaster. He also stated that there would be no change in the structure. Mr. Locke asked if this change in the building would ble permanent and Mr. Currier replied in the affirmative. He said that the building has been closed since July 6, 1942 and he would like to do something with it as it is in very good condition, being only 42 years old. • • 0 • 0 The Chairman asked if there were any further questions. Mr. Munroe said that he wished to be recorded in favor of granting the petition. No one appeared in opposition and the hearing was declared closed at 9:12 P.M. Mr. and Mrs. Currier and Nr. Munroe retired. Mr. Cann told the Board that he believed Mr. Currier should have fire proof walls on the first floor. He said that there is only one apartment over the basement and the floor is wood, but if this were made to conform, he would be in favor of the petition being granted. Mr. Cann retired at 9:20 P.M. The Chairman said that as he read the Building By-law he could not see anything about Mr. Richardson's plans that conform to the requirements. Upon motion of Mr. Maddison, seconded by Mr. Bowker, it was unanimously voted to deny the Richardson petition in the following form: The Board of Appeals, acting under the Building By-law of the Town of Lexington and Amendments thereto, having re- ceived a written petition addressed to it by John B. Richard- son, 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 b: the Board to be affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington Ia.inute-1,1an, a newspaper pub- lished in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on April 30, 1943• Four members and one associate member 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 convert the three-story frame building; located at 283 Massachusetts Avenue, Lexington, into an apartment house containing twelve (12) apartments, located four (4) on each floor, together 1,,jith an apartment for the use of the janitor located in the basement; that no structural ehanE,e was to be made in the existing walls or floors, but that kitchenettes would have fire resistant floors and their walls would be of hard plaster on wire lath; that the only stoves or cooking appliances in the building would be operated by electricity; that the boiler room in the baseLent would be enclosed in brick walls and that the ceiling would be of mire laths and hard plaster; that two fire walls would be installed across the hallways of each floor, together with self-closing fire doors therein; that aside from these provisions no material change would be made in the third class construction of the building. .7l • Evidence was offered on behalf of the citizens oppos- ing the granting of the said petition tending to show: That they felt the contemplated changes in the building would make it a fire menace and its use for such a purpose would be detrimental to the surrounding neighborhood. At the close of the hearing the Board in private session held on April 30, 1943 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 harri:ony - ;!ith the general purposes and intent of the regulations of the Building Laws of the Town of Lexing- ton and -ikaendments. 4. That the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and pur- • pose of such Building By-law of the Town of Lexington. Pursuant to the said findings, the Board hereby denies the said petition of John B. Richardson and in doing so has given due consideration to the fact that the plans and specifications submitted comply in almost no particular with the Building By-law of the Town of Lexington, as atuended, and in particular with Article 22 thereof and that the Board is of the opinion that the use of this old frame building for such a purpose would constitute a serious fire hazard and jeopardize the lives and well being of its occupants. 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 direc�,s 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 unser G.L. Ch. 40, Sec. 27) C. Ej)Tvu'HRD GLYNN ERROL H. LOCKE J. I:ILTON BROWN WINTHROP H. BOV,111ER ARTHUR N. P.ADDISON I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Lavas, Chapter 40, Section 27, hereby certify that I sent by postage cer- tificate of mailing on the 14t_1 day of April, 1943 to John B. Richardson, Walter H. Lennon, Edwin A. & Elna 0. Lagg, Pasquale Luongo, Catherine C. Whalen, Catherine E. Stuart, Medora R. Crosby, Ragna Goodmansen, Edward E. & Esta L. Abrams, David & Iviinnie Goldberg, lr4ary Palladino, Adeline Maruzzo, Generino H. & Florence T. Luongo, Hyman D. & Etta R. Marcus, Clotilde Bertini, Isaac S. & Annie Vleaver, Elsie L.. & George Faulkner, I,Iary Alice h1anning, George F. 1,'eliek, Harry& Eva Palladino, William T. & Elizabeth Doherty, Raphael & Marie Luongo, Hildur Shiorring, Lewis E. Dwyer, Teter J. & Anna C. IlicDonagh, John L. Murphy, Helen & Emily Burke, Manuel J. Aruda, . James R. & Edna R. Hargreaves, Marion Zarella, John A. & Phyllis Russell, 11iriam H. O'Neil, Anthony R. Cataldo, Edith K. White, Calvin W. Childs, Robert W. & Grace Custance, Boston &Paine R.R., Esslal C. Foster, Harriet Green, Ruth PTI. Haskell, Howard E. & Annie C. Storer, Blanche W. Banks, Ralph H. & Agnes Rumery, Yarshall A. & Laura Boyler. Dorothy VanGemert, George H. & I.largaret A. Kearns, Dorothy Vadeboncoeur, Annie A. & Eln.er B. 1ason, Joseph P. 'r+addleton'William C. & Thekla Greshan, Margaret Shaw, Ragnhild S. Garfield, Henry P. & Francis D. Dooley, Palmina Sanseverino, Alice Sheffres, Ervin R. Dire, Evan C. & Amy Ernst, Colin A. & 1`lyrtle MacDonald, Burt A. & Alberta T. Hood, Samuel C. & Mildred Cuddeback, Carleton S. & Ruth Thayer, and also advertised in the Lexington Minute -Man on April 15, 1;43, a notice of which the following is a true copy. HAZEL J. NiUi1UAY Clerk, Board of Appeals April 12, 1943 Lexington Board of Zoning Appeals Town Office Building Lexington, Lass. Gentlemen: The undersigned hereby petition the Lexington • Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section of the Lexington Zoning By -Law with respect to the prem- ises at No. 283 Mass. Ave., Lexington owned by John B. Richardson of Arlington by permitting the following: Remodelling of three story frame building into twelve suite dwelling house in accordance with plans and speci- fications filed herewith. N 0 T C E JOHN B. RICHARDSON 53 Appleton Street Arlington, Mass. Lexington, Nass. April 15, 1943. The Board of Appeals will hold a nearing on the matter of varying the application of the Zoning; Law by permitting on the premises owned by John B. Richardson and located at 283 Massachusetts Avenue, Lexington, the alteration of the three story frame building into a twelve suite dwelling house, under the Lexin&n Zoning Law or in accordance with Chapter 40, Section 27A of the General L_i%%-s and amendments. The hearing will be held on April 30, 1943 at 8:00 P.M. in the Selectiren's Room, Town Office Build- ing, Lexington, Mass. C. EDWARD GLY11M Chairman, Board of Appeals Upon motion of Mir. Locke, seconded by LIr. Maddison, it was unanimously voted to grant the petition of Countryside Inc, in the following form: The Board of Appeals, acting under the Building By- law of the Town of Lexington and Amendments thereto, having received a written petition addressed to it by Countryside, Inc., 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 broperty 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, xPinich hearing was held in the Selectmen's Room, in the Town Office Building on April 30, 1943• Four members and one associate member of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. • • 11 At this hearing evidence was offered on behalf of the petitioner tending to show: That they wished to convert the restaurant located at 400 Lowell Street, Lexington, into an apartment house contain- ing four (4) apartments, all rooms of which are located on the ground floor, in addition to the existing apartment on the second floor; that the building is of second class con- struction; that the four (4) new apartments will each be entirely separate and will each have its individual entrance from the out of doors; that the building is located in a C-1 Zone. At the close of the hearing the Board in private session held on April 30, 1943 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 Building By -Law. 4. That desirable: relief may be granted without sub- stantially derogating from the intent or purpose of such Building By-law of the Town of Lexington. The Board hereby unanimously decides that the applica- tion of the said Building By-law is hereby varied so far as may be necessary to permit Countryside Inc. to convert the premises located at 400 Lowell Street, into four (4) separate apartments located on the ground floor, each having its separate entrance to the out of doors, these being in addition to the existing apartment located on the second floor, under the following conditions: That the neva and old construction conform to the pro- visions of the Building By-law of the Town of Lexington and Amendments especially to Article 22 thereof, to the satisfaction of the Building Inspector. 75 76 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 testimoney presented at the said hearing, including that herein summarized, and directs that this record immediately following this de- cision 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 J. MILTON BROWN WIN'TI]ROP H. BOVa=R ERROL H. LOChE ARTHUR N. I:'.ADDISOA I, Hazel U. Murray, Clerk of the Board of Appeals of of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certifi- cate of mailing on the 22nd day of April, 1943, to Country- side, Inc., Howard .. Munroe, Irving Currier, and also advertised in the Lexington Minute -Pan on A aril 22, 1943, a • notice of which the following is a true copy. HAZEL J. R UR_RAY Clerk, Board of Appeals Lexington, Mass. April 22, 1943 N O T I C E 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 Countryside, Inc. and located at 400 Lowell Street, Lexington, the alter- ation of the present building to make four separate apartments, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on April 30, 1943, at 8:30 P.M. in the Selectmen's Room, Town Office Building, Lexington. C. EDWARD GLYNN Chairman, Board of Appeals 0 I0 • April 20, 1943 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentl aaen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27A to vary the application of Section 9C of the Lexington Zoning By-law with respect to the premises at Ido. 400 Lowell Street, owned by Countryside, Inc. of Lex- ington, Lass. by permitting the following: The altering of the present buil ing to make four separate apartments. Helen G. Currier 400 LolJvell Street Lexington, Mass. The meeting adjourned at 10:15 P.P.Q. A true record, Attest: Clerk