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HomeMy WebLinkAbout1946-10-04152 cr BOARD OF APPEALS MEETING ' October 4, 1946 A meeting of the Board of Appeals was held in the SelectmenIs Room, Town Office Building, on Friday evening, October 4, 1946. Chairman Bowker, Mr, Nickerson, Mr. Brown and Associate Members -Ballard and Ripley were present at the hearing. The Clerk was also present. At 8:00 P.M., hearing was declared open upon the petition of John Sullivan for permission to sub -divide a parcel of.land at 2405 Massachusetts Avenue for a building lot ihich will not have the required frontage. Notice of the hearing was read by Mr. Ballard. Sia persons attended the hearing. Mr. Sullivan stated that the lot is 73 feet by 125 feet From the front of the proposed house to the'street-is 42 feet. The house is to be 30 feet by 34 feet,' There is '42 feet from the lot to the ' house of Mr. McNamara and 47 feet from the lot to the Sullivan house. Answering Mr. Bowkerts questioia, Mr. Sullivan, stated that he had not tried to seoufe-land from Mr. McNamara for the required frontage, but he doubt- ed that he could buy any. The proposed house is to be placed in a position which will be in line with the other building. It is to be a five room bungalow. Mr. Neville, 2361 Massachusetts Avenue, spoke as a neighbor of Mr. Sullivants, and asked that the Board be generous and grant this petition. Mr. Sullivan is giving the land to his son, therefore, it isnot A money making proposition. All the neighbors would-be glad to have the petition grant- ed. No-one opposed it. Hearing was declared closed at 8;15 P.M. At 8;17 PvM,, hearing: -was declared open upon the petition of Edith G. Tyler for permission to maintain a rest home at 31 Maple Street, Lexington. , Notice of the hearing was read by Mr. Brown. t53. ' There wereno persons present at the hearing other than Mrs,\Tyler. Mrs. Tyler stated that this rest home has been conducted for the last eight years in a small way. 'When Mr. Tyler was living she had two or three elderly people. She is a nurse, although she does not take sick people as it is very difficult to get help. She now has room for five people in her home. Mrs. Winn, State Inspectoir, came to the house and told her that she needed a license. She is not going to enlarge the building in"any way. There are no bed patients in the House. She has had several people from Lexington. On occasion she takes tourists, but if she is able to have the five guests, -she does not believe that she will bother with tourists'at all. When the permit is granted from the Town, the State will inspect her house. She has two exits on -the third floor, and three exits on the second floor. Mr. Bowker asked Mrs. Tyler if the people in her house owned cars, and she stated that she and her son were the only ones owning a car. She has a driveway on the right-hand side of the house where people can leave their cars when they visit. No cars are ever left on the read. Mr. Ripley stated that he has noticed cars parked on the road and Mrs. Tyler said that Mr. Fanti parks his car there, but the only reason why there are any in front of her house is when there are visitors. Mrs. Tyler went on to�say that Mrs. Casey of the Welfare Department knew her house. It has a flat roof, and is a wooden dwelling. Hearing was declared closed at 8;30 P.M. The -Board considered the application of Joj3n Sullivan." Upon motion of Mr. Nickerson seconded by Air. Brown, it was unanimously voted that the application of John Sullivan be granted in the following form; BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 ' to 30 as amenddd, having received a written petition addressed to it by John Sullivan, a copy of which is hereto annexed, held a public hearing thereoS of which notice was mailed to the petitioner and to the owners ' of all property deemed by the Board to be affected there- by as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, a ndwspaper published in Lexington, which hearing was held in the Selectmen's Room, In -the Town Office Building on the fourth day of October 1946. 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:wished to sub -divide his present lot of land located at approximately 2385 Massachusetts Avenue, adjacent to the property of Dennis McNamara -located at 2377 Massachusetts Avenue, for a building lot which would have a frontage of 73 feet and a depth of 125 feet. The petitioner dtated that he planned to erect a dwelling on the proposed new lot which would be located approximately, 42 fleet from the street. No-one appeared in opposition to the proposed sub -division of land. The petitioner stated that with the sub -division of the land as proposed, the remaining portion of the lot would have a frontage of approximately 75 feet which is approximately the same as the land owned by Dennis McNamara adjoining the proposed new lot. At the close of the hearing the Board in private session on October 4, 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'be substanitally 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/By-Law. Zoning 4. That owing to conditions especially affecting the said parcel but n9t 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 derogating from the intent or purpose ' of such Lexington Zoning By-law. 1 ' Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far.as may be necessary to permit the sub -division Of a parcel of land owned by John Sullivan and located at approximately 2385 Massachusetts Avenue to provide -a building lot which will have a frontage of 73 feet and a depth of 125 feet. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forfh'that the reasons for its decision are its find- ings hereinbefore set forth and the testimony presented At the said hearing, including that herein.suumarized, 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.) /s/ Winthrop H. Bowker D. E. Nickerson J. Milton Brown Walter Co Ballard Aiden L. Ripley -I, Virginia Be Tarbell, Clerk of'the Board of Appeals of -Lexington., appointed under General Laws, Chapter-40,'Sectiori 27, hereby certify that I sent by postage certifi-cate of mailing on -the nineteenth of September, 1946, to John Sullivan, Francis & Hugh Thompson, Albert J.-& Elizabeth C. Bachelder, Harold T. & Helen H. Cowen, George F. & Anna F. Vaughn, William J.'& Florence W. Neville, George L. & Mary E, Barnes, Roy & Ethel Me Johnson, Helen T. Valliere et al, Ruth V: Ready, Frank P. & Mary Be Rycroft, Hannah B', Breslin, George Me & Emilie A. Fuller, Emma W. piper, Cir4yn L# -Nickerson, Dennis McNamara, Robert'C. & Marie ' E. McAnual, Mary H. Green, Helen A. McCoffrey, Emma F. Alteriso, and also advertised in the Lexingtnnn Minute. Man on September 19, 1946, a notice of which the follow- ing is a true copy. 156 X 1 /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE September 19, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law upon petition of John Sullivan for permission to sub -divide a parcel of land, lodated at 2405 Massa- chusetts Avenue-, for a building lot which will not have the required frontage, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. - The hearing will be on October 4, 1946 at 8:00 P.M. in the•Selectmenls Room, Town Office Building, Lexington, Bass, WINTHROP H. BOWM Chairman, Board of Appeals Lexington Board of Zoning Appeals Town Offices 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 9b of the Lexington Zoning By-law with respect to the premises at No. 2405 Massachusetts Avenue, owned by John Sullivan of Lex- ington by permitting the following: Sub -divide a parcel -of land fora building lot which will not have the required frontage. John Sullivan 2407 Massachusetts Avenue Lexington, Mass. The Board -then considered the application of Edth'G. Tyler. Upon motion of Mr. Brown, seconded ' b'y Mr. Ripley, it was unanimously voted -that the application of Edith G. Tyler be granted in the follow- Ing form: • 157: ' BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By=Lax and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Edith G. Tyler a copy of which is hereto annexed, held a public hearing thereoli of which notice was mailed to the petitioner and to the owners of all property deeded 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 Seleetments Room, in the Town Office Building on the fourth day of October, 1946. Three gagular 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 she wished permission to main- tain a rest hone -located at 31 Maple Street, Lexington. She stated that she desired permission for not more than five people to be housed in said home. Mrs. Tyler stated that the State required that she have a license to operate a rest home in the Town of Lexington. Mrs. Tyler said ' that the building would not be enlarged or altered in any way. No-one appeared in opposition to the granting on the petition. At the close of the hearing the Board in private session gage 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 Zoning By -Law, 4. That owing to conditions especially affecting the said parcel but not affecting generally the ZoAing 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 hard- ship to the.petitioner dnd that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. The Board hereby makes a detailed record of all its proceedings relative to such petition and here- by 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. ) /s/ Winthrop H. Bowker D. E. Nickerson Walter C. Ballard Aiden L. Ripley J. Milton Brown I; Virginia B. Tarbell, Clerk of the Board of Appeals of,Lexingtdn, appointed'u.nder General Laws, Chapter 40, Sectioxi: 27, hereby certify that I sent by postage certificate of mailing on the nineteenth of September, 1946, to Edith G. Tyler, Virginia M. Hannon, George Nelson, Richard & Christine Inf anti, ' John C. & Bessie R. Solberg, Alice S. Willoughby,, Mary W. Duffy, Edward W.' Higgins; Minnie Mo Ryder Curtis S. & Geraldine C. Elliott, Emily L. F. Neuss.. oc Pursuant to the said findings, Pur g , the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Edith G. Tyler to maintain a rest home located at 31 Duple Street, Lexington; said home to provide for not more than five guests subject to the following restrictions.- estrictions;That Thatsufficient space be provided on the property of Mrs. Edith G. Tyler for the parking of at least f ive automobiles, and that a small sign be erected to direct automobilists into the parking space. - This permit is granted on the basis that all State and Town Building and Fire Laws will be adhered to., The Board hereby makes a detailed record of all its proceedings relative to such petition and here- by 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. ) /s/ Winthrop H. Bowker D. E. Nickerson Walter C. Ballard Aiden L. Ripley J. Milton Brown I; Virginia B. Tarbell, Clerk of the Board of Appeals of,Lexingtdn, appointed'u.nder General Laws, Chapter 40, Sectioxi: 27, hereby certify that I sent by postage certificate of mailing on the nineteenth of September, 1946, to Edith G. Tyler, Virginia M. Hannon, George Nelson, Richard & Christine Inf anti, ' John C. & Bessie R. Solberg, Alice S. Willoughby,, Mary W. Duffy, Edward W.' Higgins; Minnie Mo Ryder Curtis S. & Geraldine C. Elliott, Emily L. F. Neuss.. 159' and also advertised in the Lexington Minute - Man on September 19, 1946, a notice of uhich the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals N O T I C E September 19, 1946 The Board Of -Appeals Will hold a hearing on the utter of varying the application of the Zoning Law upon petition of Edith G. Tyler f or permission - to maintain a rest home located at 31 Maple Street, Lexington, under the Lexington Zoning Law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on October 4, 1948 at ' 8;15 P.M. in the Selectmen's Room, Town Office Build- ing, Lexington, Mass. WINTHROP H. BOWER Chairman, Board of Appeals September 13, 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 6B of the Lexington Zoning By-law with respect to the premises at No. 31 Maple Street, owned by 'Edith G. Tyler of Lexington by permitting the follow- ing; A, rest home for five elderly people. Edith G. Tyler ' 31 Maple Street - Lexington, Mass. The minutes of the meetings of September 10, 1946 and September 123, 1946 were approved. Thbrmeeting adjourned at 9;40 p.m. A true reccr d, Attest; Clerk, Board of Appeals*