HomeMy WebLinkAbout1946-09-1013000
BOARD OF APPEALS MEETING '
September 10, 1946
A meeting of the Board of Appeals was held in
the SelectmenIs Room, Town Office Building, on
Tuesday evening, September 10, 1946. Chairman
Bowker, Mr. Redman, Mr. Nickerson and Associate
Members Ballard and Rich were present at the hear-
ing. The Clerk was also present.
The meeting was held for further discussion
on the petition of B. A. Simeone. Public hearing
of this petition was first held on August 29, 1946,
and adjourned until this evening.
At 8;05 p.m., Mr. Lindstrom, the Building
Inspector, and Mr. DeFoe, Superintendent of Public
Works, entered the meeting.
A2r. DeFoe stated that he did not think this
kind of house desirable; that there would be settle- '
ment and cracks in the concrete due to weather changes.
Mr. Lindstrom agreed with Mr. DeFoe's statements.
After a lengthy discussion, these two men left the
meeting at 9;07 p.m.
A motion was made by Mr. Nickerson, seconded
by Mr. Redman that the pbtition of B. A. Simeone be
denied in the following form;
BOARD OF APPEALS DENIAL
The Board of Appeals, acting under the Lex-
ington Building By-law and General Laws, Chapter 40,
Sections 25 to 30 as amended, having received a written
petition addressed to it by B. A. Simeone, 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 ne"paper published in Lexington, which
hearing was held in the Selectmen's Roomy in the Town
Office Building on August 29, 1946.
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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 regulations
in the Lexington Building Law.
4. That the enforcement of the Lexington Building
By-law as to the locus in question would not involve
practical difficulty and unnecessary hardship and the
refief requested may not be granted without substantial
detriment to the public good and without substantially
derogating from the intent and purpose of such Lexington
Building By-law.
Three regular two
and associate members of the
Board of Appeals were present at the hearing. A
Certificate of notice is hereto annexed. At this hear-
ing evidence was offered on behalf of the petitioner
tending to show; That he wished to erect a house
located on Maple Street, Lexington, constructed prin-
cipally of reinforced concrete as indicated on plans
labeled Wellcast #23-VJellcast Homes. The plans indicated
that the house would be built of concrete until made in
Newton hauled over the road and set on a concrete slab
with a crane. The peitioner stated that there would be
no cellar to this dwelling and that the thickness of the
Wells would be 3 inches; also that the walls would be of
reinforced concrete. The petitioner stated that he
expected that this house could be built to sell for
slightly under X100000.00.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show that
Alice S. Willoughby, 27 Maple Street, stated that she
was opposed to the granting of the petition. ,Ir.
Solberg and Mr. Chapman expressed their views as to the
potential dangers with this type of construction.
At the close of the he4ring the Board in private
session September
on 10, 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 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 regulations
in the Lexington Building Law.
4. That the enforcement of the Lexington Building
By-law as to the locus in question would not involve
practical difficulty and unnecessary hardship and the
refief requested may not be granted without substantial
detriment to the public good and without substantially
derogating from the intent and purpose of such Lexington
Building By-law.
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Pursuant to the said findings, the Board
hereby denies the said petition of B. A. Simeone
to construct a concrete house as indicated on
drawings labeled wellcast #23 - Wellcast Homes,
on file.
The Board hereby makes a detailed record of all
its proceedin-s 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 hearinS, 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 pub-
lic 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 GenBral Laws)
Isl Winthrop H. Bowker
D. E. Nickerson
Walter Cq Ballard
John J. Rich
Lester T. Redman
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
fifteenth day of August, 1946, to B. A. Simeone,
Orbert H. & Frances G. Simmons, Helen Wiggins,
Martin Casey, Benjamin W. & A. Elli abeth Day,
Emily L. F. Nelles, Curtis S. & Geraldine C..
Elliott, Minnie M. Ryder, Edward W. Higgins, Alice
S. Willoughby, Edith G. Tyler, John C. & Bessie R.
Solberg, Richard & Christine Infa.nti, George Nelson,
Virginia 1,1. Hannon, Mary E. Gaffey, Robert D. &
Elizabeth hi. Chapman, Albert R. & Gertrude E.
Kaufman, Gail W. & Helen Ili. Smith, Howard & Elmina
Munroe, Charles W. Ryder, and also advertised in
the Lexington 1,1inute Man on August 15, 1946, a notice '
of which the f olliowing is a true copy.
Clerk, Board of Appeals
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N O T I C E
August 15, 1946
The Board of Appeals will hold a hearing
on the matter of varying the application of the
Building By-law by permitting on the premises
owned by B. A. Simeone and located on Maple
Street, Lexington, the erection of houses, the
construction of which will not meet the require-
ments of the Building By-law.
The hearing will be held on August 29, 1946,
at 8;15 p.m. in the Selectmen's Room, Town Office
Building, Lexington.
Winthrop Ii. Bowker
Chairman, Board of Appeals
July 24, 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 an amended, to vary
the application of section 6 (B), Art. XII.9 of the
Lexington Building By-law with respect to the
premises at No. Maple Street, owned by B. A.
Simeone of Medford by permitting the following;
Use of 3" reinforced concrete wall as designed by
Thompson-Lichtner - Engineers.
B. A. Simeone
74 Mystic Ave.
Medford, Mass.
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A letter was read by Chairman Bowker from
Miss Hazel Murray, present Clerk of the Board of
Appeals, stating that due to increased work in her
own Department, she would no longer be able to act
as Clerk of this Board.
Upon motion made by Mr. Rich, seconded by
Mr. Nickerson it was voted to accept Miss Murray's
resignation.
On motion by Mr. Nickerson, seconded by Mr.
Redman, it was voted to appoint Miss Tarbell as
Clerk.
The meeting was adjourned at 10;20 p.M.
A true record, Attest;
Clerk, Board of Appeals. I
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