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HomeMy WebLinkAbout1944-04-07BOARD OF APPEALS April 7, 1944 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday even- ing, April 7, 1944 at 8:00 P. M. Chairman Glynn, Messrs. Maddison, Nickerson and Associate Members Brown and Redman were present. The Clerk was also present. The records of the meeting held on March 3, 1944 were declared approved. At 8:00 P. M. hearing was declared open upon the applica- tion of Daniel J. O'Connell for permission to convert the single family dwelling located at 1556 Massachusetts Avenue, Lexington to a two family dwelling. Mr. O'Connell appeared before the Board. No other persons appeared in favor or in opposition. The notice of the hearing was read by Mr. Brown. Mr. O'Connell stated that the house in question is located next to the house which he occupies. He said that he has owned this house for several years and it has been an expense inasmuch as it has been vacant much of the time. He now has a customer, living in Lexington, Whb has a daughter and son-in-law. They want to live in the same house, but would like to make it over into two separate apartments. Mr. O'Connell said that the outside of the house would be as it is now, with a few minor changes in- side. He said that there are four doors; a front and a rear door and a door on each side. He said that there are stairs, leading to the second floor, both in front and in the rear of the house. He said that there are two bathrooms on the second floor. The Chairman asked what changes would be made inside the house and Mr. O'Connell replied that it would be neces- sary to install kitchen facilities on the second floor. He said that there is a wash bowl and a toilet on the first floor and possibly a shower or bathtub would be installed. No other changes would be made down stairs. The Chairman asked if the two apartments would be entirely separate and Mr. O'Connell replied in the affirma- tive and stated that two separate entrances would be used. The Chairman asked how many rooms the house contained and Mr. O'Connell replied that there are eight rooms, a sleeping porch and a back shed. He said that he had in- stalled new plumbing, a modern heating system, a new roof and oak floors. • • • The Chairman asked how much land there was connected with this house and Mr. O'Connell replied that there are 8,061 feet of land. He said that there is no land to speak of in the rear of the building. Mr. Brown asked if there would be separate entrances in the front of the house and Mr. O'Connell said that the doors would be as they are now. One family would use the front door and the other family would probab]tjuse the side door next to the Baptist Church. Mr. Brown asked if the person interested in purchasing the property would be the one to make the contemplated changes and Mr. O'Connell replied in the affirmative. The Chairman asked if Mr. O'Connell thought the prospective purchaser would be satisfied if a permit were issued for occupation as a two family house during the period that it was occupied by the owner and his daughter. Mr. O'Connell said that he did not believe the man would purchase the house under such conditions. Mr. O'Connell retired at 8:15 P. 11. Mr. Maddison said that, in his opinion, if this house were converted into a two family dwelling, it would deteriorate the property and would lower the general tone of the neighborhood. He said that he would definitely oppose granting the permit. He stated that if Mr. O'Connell • were to continue as owner of the property, the situation might be different inasmuch as he has always kept his property looking well. Upon motion of Mr. Maddison, seconded by Mr. Brown, it was unanimously voted that the petition of Daniel J. O'Connell be denied in the following form. BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Daniel J. O'Connell 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 hearing was held in the Selectmen's Room, in the Town Office Building on April 7, 1944. Three regular and two associate 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 had owned property at 1556 Mass. Avenue, Lexington for a number of years during which time it had been rented • '1 07 much of the time, but that the rental was not sufficient • to remunerate him; that the house contains eight rooms located on a lot of 8,061 feet; that he would like to dis- pose of the property and has a prospective customer pro- vided the house could be changed into a two family resi- dence to be occuped at present by the owner and by his daughter's family; that this would require no change in the appearance of the house on the outside, with a very few changes inside probably confined to the installation of kitchen facilities on the second floor and possibly a bathroom on the first floor. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: No one appeared in opposition to granting the petition. At the close of the hearing the Board in private session on April 7, 1944 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 impair the status of the.neighborhood. 3. That the exception requested Will not be in • harmony with the general purposes and intent of the regu- lations 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 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 Daniel J. O'Connell to con- vert the single family dwelling house located at 1556 Mass. Avenue, Lexington, to a two family dwelling house, and in doing so has taken into consideration that the neighborhood is one of substantial single family houses and the change requested would impair the status of the neighborhood and that the house is not unddly large for occupancy as a single family dwelling. 0 109 The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reason 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 (Acting under the Lexington Zoning By-law and General Laws) C. EDWARD GLYNN D. E. NICKERSON LESTER T. REDMAN ARTHUR N. MADDISON J. MILTON BROWN I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 409 Section 27, hereby certify that I sent by postage certifi- cate of mailing on the 22nd day of March, 1944, to Eugene Viano, Harold H. and Martha Hookway, Carrie Norris, Lora B. Worthen, James J. and Lucy Walsh, Warren Russell, Bertha M. Baker, Anstiss L. Hunt, et al, Edgar J. Thivierge, First Baptist Church, Virginia Leavitt, Bridget Leary and Daniel J. O'Connell, and also advertised in the Lexington Minute -Man on March 23, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals Lexington, Mass. March 21, 1944• 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, Sec- tions 25 to 30 as amended, to vary the application of sec- tion 9c of the Lexington Zoning By-law with respect to the premises at No. 1556 Massachusetts Avenue, owned by Daniel J. O'Connell of Lexington by permitting the following: Conversion of single family dwelling house to a two family dwelling house. Daniel J. O'Connell 1536 Mass. Avenue Lexington 73, Mass. N 0 T I C E • Lexington, Mass, March 23, 1944. 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 Daniel J. O'Connell and located at 1556 Massachusetts Avenue, Lexington, the conversion of a single family dwelling house to a two family dwelling house, under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws. The hearing will be held on April %, 1944, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lex- ington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals The Chairman said that it was in order for the Board to organize. Upon motion of Mr. Maddison, seconded by Mr. Nickerson, it was unanimously voted to elect Mt. C. Edward Glynn as Chairman for the ensuing year. The election of A Clerk was then considered. Upon • motion of Mr. Maddison, seconded by Mr. Nickerson, it was unanimously voted that Hazel J. Murray be appointed Clerk of the Board of Appeals. The meeting adjourned at 9:05 P. M. A true record, Attest: VA 1 JULIE-' ii is