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HomeMy WebLinkAbout1946-02-01 274 BOARD OF APPEALS S February 1, 1946 A special meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday evening, February 1, 1946, at 8:10 P. M. Messrs. Brown, Locke, Nickerson, Redman and Associate Member Ripley werepresent. The Clerk was also present. Mr. Locke acted as Chairman. The meeting was acheduled for the purpose of making a decision relative to the application of the New England Telephone and Tele- graph Company for permission to enlarge the present exchange for Muzzey Street. A public hearing was held on January 11, 1946. The Board preferred not to act upon the petition until such time as the petitioner would furnish information in regard to the ability of the company to take care of the problem of parking cars. The Chairman read a letter from William M. Hogan, attorney for the petitioner, stating that an examination of the matter disclosed that at the present time as many as five cars belong- ing to employees may be in the vicinity at one time and that in addition, there is the possibility that four light repair trucks might be in the vicinity of the building during the lunch hour. He further stated that there is not sufficient room on the company land to take care of the parking problem. The company is now in- vestigating the possibility of obtaining the use of the Belfry1111 Club parking space and as soon as they have some definite inform- ation on the subject, they will forward same to the Board. It was decided to defer any decision until the Board re- ceives the proposal of the New England Telephone and Telegraoh Company as to what they can and will doabout the parking problem. Mr. Nickerson suggested that Mr. Locke be empowered to contact Mr. Hogan and to advise him vernally that the Board would like more definite information on the parking situation. The meeting adjourned at 9 :10 P. M. A true record, attest : 110 1 rk 27S BOARD OF APPEALS MFRTING February 8, 1946 A meeting of the Board of Appeals was held in the Select- ments Room, Town Office Building on Friday evening, February 8, 1946. Chairman Bowker, Messrs. Ballard, Brown, Nickerson and Redman were present. The Clerk was also present. At 8 :00 P. M. hearing was declared open upon the petition of Robert L. Goinsalvos for permission to alter the interior of his property at 353 Concord Avenue, Lexington, to accommodate two families. Mr. Goinsalvos and his son were the only persons present at the hearing. Notice of the hearing was read by Mr. Redman. Mr. Goinsalvos said that he would like to alter the house so that his son could move in. The Chairman asked Mr. Goinsalvos if he had a sketch of what he proposed to do to alter the dwelling and he replied in the negative. His son said that they would like to have one family live upstairs and one family live downstairs. They would put in a kitchen upstairs and a bathroom downstairs. Mr. Goinsalvos said that the house has twelve rooms. The Chairman asked if the house lad a back stairway and Mr. Goinsalvos replied in the affirmative. The Chairman asked if there would be any changes made to the outside of the house. Mr. Goinsalvest son said that there would be no changes except possibly converting a window in the rear on the first floor into a door. The Chairman asked the son if he intended to live on the second floor or if the apartment would be rented. The son said that he would live in the house himseld and did not contemplate renting at the present time. He said that if anything happened to his father and mother he would not want to have two apart- ments on his hands without being able to rent one. Mr. Redman asked if the entrance for the upstairs apart- ment would be in the rear of the house. Mr. Goinsalvos ' son said that the front entrance will be the same as it is now and it could be used to go upstairs. He said that there would never be two doors in the front of the house. Mr. Redman asked if the back door would be for convenience only, and Mr. Goinsalvos replied in the affirmative. Mr. Redman asked if there is a bathroom on the first floor now and Mr. Goinsalvos replied in the negative. He said that they intend to have one installed. Mr. Nickerson asked if Mr. Goinsalvos would object if the Board asked him not to put another door at the rear entrance and he replied in the negative. He said that the reason for putting a door there is more or less a safety measure in case • of fire. He said that at the present time one must go through the kitchen and then through a back shed to get out. The hearing was declared closed at 8:16 P. M. 276 At 8:24 P. M. hearing was declared upen upon the petition of . Mr. Vincent J. Fopiano for permission to construct a two-car garage on the front part of his property at 74 Middle Street; the front wall of said garage to be either even with or not more than six feet from the street line. Mr. and Mrs. Fopiano were the only persons present at the hearing. Notice of the hearing was read by Mr. Brown. Mr. Fopiano explained that at present he has a garage under his house vhich takes up space which he would like to use and that it is not satisfactory as is because of drafts. He said that the top of the proposed garage will be under the present grade level and will be graded so that it will blend in with the rest of the lawn. He said that the street line, as surveyed, would come just about six feet from the front. He would like to have it on the street line or move it back six feet. He said that the actual street line is fifteen feet from where the surveyed street line is located. The Chairmnn asked how much room there is on the side of the house and Mr. Fopiano said that there is twenty-one feet on one side and twenty-two feet on the other side. He said that the level of the garage floor would still be one and a half or two feet above the street level, and the only part that could be seen would be the two doors and the facing. Mr. Nickerson asked if at present the setback was more than twenty-feet from the Board of Survey street line and Mr. Fopiano said that he is about thirty feet from the main street line. Mr. 1111 Nickerson asked if he meant from the street as surveyed or from the actual street. Mr. Fopiano said that he is fifty or sixty feet from the actual street line. He said that the actual street is further away from his house than it should be. Mr. Nickerson asked how close the new garage would be to the street as laid out sorrectly. Mr. Fo iano replied that it would be, if there is a sidewalk, right on it or he can set it back six to ten feet and have an apron in front. The Chairman inquired as to the frontage of the lot and Mr. Fopiano replied that he has eighty-five feet. Mr. Redman asked if Ile planned to put the garage right in front of the house and Mr. Fopiano replied in the affirmative. Mr . Redman asked if the garage would be on the street line and Mr. Fopiano replied that it would be on the surveyed street line. The Chairman asked flow much the lawn level would be raised and Mr. Fopiano replied that it would be even, that the law would not elope up from the house, but would be level, with a slight tip toward the street. The hearing closed at 8:35 P. M. The evidence offered by the Petitioner was considered by the Board, and upon motion of Mr. Nickerson, seconded by Mr. Brown, it was unanimously voted to deny the petition in the following form: 277 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 Vincent 3. Fopiano a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the pbtitibner 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 February 8, 1946. Four regular and one associate members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At tkis hearing evidence was offered on behalf of the petitioner tending to show: That he wished to construct a two- car garage on the front part of his property at 74 Middle Street, Lexington; the front wall of said garage to be either even with or not more than six feet from the street line. The petitioner stated that this garage would be constructed underneath the front lawn with a passageway into his cellar. He stated that the front of the garage would be even with or not more then six feet away from the surveyed line of the street. He stated that his present garage which is underneath the house was unsatis- 410 factory and that he felt the erection of this garage underneath the front lawn would improve the appearance of his place. The petitioner submitted, with his application, a sketch showing the proposed construction. He stated that the proposed garage would be constructed of cement blocks with overhead doors facing the street. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show no one appeared in opposition. At the close of the hearing the Board in private session February 8, 1946 gave consideration to the subject of the petition and voted unanimously in favor of the following findings 1. That in its judgment the public conveniende 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 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 practical difficulty and unnecessary hardship and the relief requested 111/ may not be granted without substan-tib.jz detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said finding, the Board herby denies the said petition of Vincent J. Fopiano on the basis that the proposed garage will be too close to the street line , being considerably under the twenty feet required, and will be a hazard as regards to the backing of automobiles into the 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 summaries, 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) 4111 Winthrop H. Bowker D. E. Nickerson Walter G.Ballard J. MiltonBrown Lester T. Redman 279 I, Hamel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws)_ Chapter 50, Section 27, hereby certify that I sent by postage certificate of mailing on the 24th day of January, 1946, to Gandolfo & Madalan Andolina, George W. Wood, Bertram P. & Ruth L. Gustin, William P. & Erma N. Elark, Lyman E. & Doris E. Carlow, Thomas A. Napoli, Walter A. & Kathryn J. Arnold, Herbert L. & Rhoda Mr. Rush, Myron W. & Olive Roberts, Vincent J. Fopiano, and also advertised in the Lexington Minute-Man on January 24, 1946, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals NOTICE The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law upon application of Vincent J. Fopiano to construct a two-car garage on property owned by said Fopiano and located at 74 Middle Street, Lexington, the front wall to be wither even with, or not more than six 1111 feet from the street line; under the Lexington Zoning By-law and in accordance with Chapter 40 , Sections 25 to 30 as amended of the General Laws . The hearing will be held on February 8, 1946 at 8.20 P.M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. Winthrop H. Bowker Chairman, Board of Appeals December 26, 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of section of the 1111 Lexington Zoning By-law with respect to the premises at No. 74 280 Middle Street, owned by Vincent J. Fopiano of Lexington by permitting i the following. Construction of a two-car garage , the front wall to be either even with, or not more than six (6) feet from the street line. The side walls will be within present limits. Vincent J. Fepiano 74 Middle Street Lexington, Mass. The Board also considered the petition of Robert L. Goinsalvos, and upon motion of Mr. Redman, seconded by Mr. Brown, it was unan- imously voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-Lav and General Laws, Chapter 40, Sections 25 to 30 as410 amended, having received a written petition addressed to it by Robert L.Goinsalvos 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 there0y as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a newspaper phblished in Lexington, which hearing was held in the Selectmen's Roomyin the Town Office Building on the 8th day of February, 1946. Four regular and one 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 wished to alter the interior of his property at 353 Concord Avenue, Lexington to accomodate two families.. . Re stated that he wished to change the arrangement of rooms on the 'second floor so as to provide a kitchen on the second floor and to change the arrangement of the first floor so as to provide a bathroom on the first floor. The son of the petitioner stated that he wished to occupy the second floor of this dwelling. It was stated that there would be no changes to the exterior of the dwelling. No persons appeared in opposition. At the Close of the hearing the Board in private session February 8, 1946 gave consideration to the subject Ort; the • petition and voted unanimously in favor of the following findings; _ I 281, 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 g By-law. g 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning by-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially deorgating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decided that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Robert L. Goinsalvos to alter his dwelling at 353 Concord Avenue, Lexington to accomc.odate two families with the following restrictions: One apartment shall be occupied by the petitioner and the other by his son. This permit will only hold as long as the house is 411 occupied by the families of thepetitioners and his son. The Board hereby makes a detailed record of all its pro- ceedings 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 open to public inspection and that notice of the 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. ) Winthrop H. Bowker Lester T. Redman D. E. Nickerson Walter C. Ballard J. Milton Brown I, Hazel J. Murray, 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 mailing on the 24th day of January, 1946, to Robert Goinsalvos, Harry,C. Packard, Laura T. Mikis, Caroline C. Burke, May A. Mitchell, Gustaf Nottebeard, Ambrose A. 4111 Ballou, William & Ruth Greer, Harold P. Symons, Jeannette M. Lawrence, 282 • Ethel L. & John F. Daly, and also advertised in the Lexington Minute-Man on January 24, 1946, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appelas NOTICE The Board of Appeals will hold a hearing dulthe matter of varying the application of the Zoning By-law by permitting on the premises owned by Robert L. Goinsalvos and located at 353 Concord Avenue, Lexington, the alteration of the dwelling to accommodate two familites, under the Lexington Zoning By-law and in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws. The hearing will be held In February 8, 1946 at 8:00 p.m. in the Selectmen's Room, Town Office Building, Lexington, Mass. WINTHROP H. BOWKER Chairman, Board of Appeals • January 14, 1946 Lexington Board of 'Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended to vary the application of section of the Lex- ington Zoning By-law with respect to the premises at No. 353 Concord Avenue, owned by Robert L. Goinsalvos of Lexington by permitting the following: Two family in a single residence zone. (son. ) Robert L. Goinsalvos 353 Concord Avenue Lexington 73 , Mass. The meeting adjourned at 9:40 P.M. A true record, Attest: IIII , , ''',:/ , 4d of Appea-1