Loading...
HomeMy WebLinkAbout1946-11-01174 con G BOARD OF APPEALS MELDING ' November 1, 1946 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on Friday evening, November 1. 1946: Chairman Bowker, Mr. Locke, Mr. Brown, Mr. Redman, and Associate Member Ballard were present at the hearing. The Clerk was:also present. At 8;05 P.M., hearing was declared open upon the'pet#tion of'.Manuel A. Cunha for permission to construct and.maintain a greenhouse at 33 Centre Street, Lexington. Notice of the hearing was read by Mr. Brown. Six persons. attended the hearing. Mr. Cunha presented a plan of the proposed green- house to the members of the Board of Appeals. He owns 125 feet of land on one side, 137 1/2 feet on the other and 135 feet in the back. The proposed greenhouse is to be ten feet away from the garage. ' It will be about 290 feet from Reed Street. From Mr. Cunha's lot line, the greenhouse will be about 50 feet, and it will be about 37 feet from the back of his.lot. The proposed greenhouse will be about 96 feet in length, with a concrete foundation. It will be heated either by steam or ho -t water. It will be built according to the Building Inspector's regulations. The building will be about 21 1/2 feet wide. They expect to start building in the spring, possibly sooner. Mr. John Hossfield, 128 Reed Street, spoke in favor of granting the petition. Mrs. George Olford, 159 Reed Street, asked the Board if this petition were granted whether it would change the Zoning Laws. Mr. Bowker stated that it would mean that Mr. Cunha would-be allowed to put his greenhouse in that vicinity, but that it would be just a variation in the Zoning Lawsq Mrs. O1dford had no objections if the Zoning Laws were not changed. Mr. Roy Ladell, 23 Centre Street, stated that he was the one who drew the sketch of the greenhouse and explained to the Board just how it would be built. , 175 ' Doris Conant, 17 Avon Street, also questioned the changing of the Zoning Laws, and Mr. Bowker once aggin explained that it would be merely a variance. She has no objections to the granting of the petition. Hearing was declared closed at 8;17 P.M. At 8;17 P.M., hearing was declared open upon 'the petition of Richard Cassidy for permission to alter a building into a single family residence; said build- ing is located at 18 Curve Street, Lexington. Notice -of the hearing was read by Mr. Ballard. Mr. Cassiey was the only person present at the hearing. The lot at 18 Curve Street has sideyards of about 15 feet, with a frontage of about 50 feet. All lots In that section are very narrow. The existing walls and foundation would be used, and there is to be no change in the size of the building. The lower story is constructed of cement blocks, and this will be used as the garage. The heating unit will be in the center of this area. Mr. Cassidy would use one side of this garage, and the other side would be for the proposed living quarters. Mr. Cassidy's brother in law would like to buy the property. The frontage of the new lot would -about be 50 feet - the lot would be divided in half. Mro Crown may sell a portion of his property to Mr. Cassidy. In view of the fact that this case involves a question of area alone, Cdr. Cassidy was ached by the Board to find out just how much land Mr. Crown would sell him and report back to the Board next Friday evening, November 8, 1946. Hearing was declared closed at 8;40 P.M. At 8145 P.M., hearing was declared open upon the petition of Biagio Cacciola for permission to alter a building into a single family residence at 708 Marrett Road, Lexington. Notice of the hearing was read by Mr. Locke. Other than Mr.'Cacciola, there were no persons present at the hearing. Mr. Cacciola is willing to sub -divide his lot. He has plenty of frontage and plenty of depth. He now has a 735 foot frontage. He will continue to use the first story of the proposed dwelling for a washhouse, and living 176 °C G quarters will be on the second floor only. The ' present washhouse is 261 x 26+. Tne heating unit will be in a separate room. Plans of this proposed dwelling were presented to the Board. Hearing was declared closed at 9:00 P.M. The Board'considered the application -of Biagio Cacciola. Upon motion of Mr. Locke, seconded by Mr. Ballard, it was unanimously voted that the application of Biagio Cacciola be granted.'' Before the order was completed, the following decision was made. November 6P 1946. Enhard A. Lindstrom, Building Inspector Town Offices Lexington 73, Massachusetts Dear Mr. Lindstrom; The Board of Appeals, after consideration of the evidence submitted at the hearing held on November"1, 1946 pertaining to the petition of. Biagio Cacciola for permission to alter a build- ing into a single family residence, does not feel that it is a matter requiring action by the Board as no variation of the Lexington Zoning By-law is necessary in connection with the petition. The Board, therefore, takes no action on the said petition and refers the matter back to you for your further consideration. Very truly yours, BOARD OF APPEALS /s/ Winthrop H. Bowker Walter C. Ballard Errol H.'Locke Lester T.' Redman J. Milton Brown 1 171 ' The Board next considered the application of Manuel A. Cunha. Upon motion of Mr. Ballard, sec- onced by Mr. Redman, it was unanimously voted that the application of Vanu&l A. Cunha be granted in the following form; BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-;-6Lsv and General Laws, Chapter 4O,'Sections 25 to 30A as amended, having received a written petition addressed to it by Manuel A. Cunha, 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 -Mas, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the first day of November 1946. ' Four regular 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 construct and maintain a greenhouse at 33 Centre Street, Lexington; said greenhouse to be approximately 96 feet long and approximately 33 feet wide. The petitioner stated that this greenhouse will be erected at the rear of the exist- ing garage, and extending parallel with Centre Street. The petitioner stated that the ends of the greenhouse would be at'least twenty:' feet from the lot lines, and that the side of the greenhouse would be approximately 37 feet from the new lot line. No-one spoke in opposition to the granting of the petition, and three persons spoke in favor of the grant- ing of the petition. At the close of the hearing the Board in private session on November 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 be substantially served by the making ' of the exception requested. 1 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 of the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting gen- erally 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. Pursuant to the said findings, the Board hereby .unanimously decides that the application of the Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit the construction and maintenance of a greenhouse on the premises owned by Manuel A. Cunha on the basis that all sideyard ' regulations as prescribed in the Lexington Zoning By-law will be adhered to, and that the premises will be kept in a neat and orderly condition at all times. 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 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 APPFAL3 OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) /s/ w inthrop H. Bowker Walter C. Ballard Errol H. Locke , Lester T. Redman J. Milton Brown 179 ' I, Virginia B. Tarbell, 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 October 17, 1946, to Manuel A. Cunha, Henry E. Lowe, Malcolm W. & Doris i. Conant, Gavonnina Merrino, Wallace G. Wezinger, Mabel E. Williams & Prances W. Eaton, John E. Hossf ield, Albert J. Salani, George & Julia M. Oldord, Salvador D. Corselli & Pauline Corselli, Nelson F. & Marion W. Fleming, and also advertised in the Lexington Minute -Man on October 17, 19460 a notice of which the following is a true copy. N O T I C E /s/ Virginia B. Tarbell Clerk, Board of Appeals October 17, 1946 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 Manuel A. Cunha, and located at 33 Centre Street, Lexington, ' the construction and maintenance of a greenhouse, under the Lexington Zoning Law or in accordance with Chapter 40, Sections 25 to 30A as amended of the General Laws. The hearing will be held on November 1, 1946 at 8=00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. WINTHROP H. BOWEER Chairman, Board of Appeals October 10, 1946 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen; The undersigned hereby petitions thel.Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30A as amended, to vary the application of section 6A of the Lexing- ton by permitting the following; Construction and maintenance of a greenhouse. ' Manuel A. Cunha 33 Centre - Street Lexington, Mass. 180 It was voted to apW ove the minutes of the meeting of October 18, 1946. The meeting adjourned. at 9;40 P.M. A true record, Attest; Clerk, Board -of. APPeals u J