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HomeMy WebLinkAbout1947-04-10 12 BOARD CF`APPEALS MEETING April 10, 1947 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Thursday evening, April 10, 1947. Chairman Locke, Mr. Brown and Associate Members Ballard and Ripley were present. The Clerk was also present. The meeting was held for further discussion on the petitions of Lewis pollard and Joseph Kelly. Public hearings of these petitions were first held on April 4, 1947, and adjourned until this evening. At 8:00 P.M. , Mr. Lindstrom, Building Inspector, entered the meeting. He stated that his reason for putting Mr. Kelly's petition before the Board was because he was not sure that the frost might not get down under the grade beam and heave it. The frost from the outside might get down in and start to heave from the edge. As long as a person is living in the house, the chances are slighter that this would occur, but if the house were left alone, and the heat shut off, there would be a change of frost getting in and lifting the beam. There are some of these houses in Braintree, but Mr. Lindstrom does not feel that we have had severe enought winters for the past few years to really test this type of construction. He doubts very much that #ie grade beam would withstand pressure from the frost. Mr. Lindstrom retired at 9:20 P.M. The Board considered the application of Mr. Pollard. Upon motion of Mr. Brown, seconded by Mr. Ballard, it was unanimously voted that the appli- cation be denied in the following form: I 12a BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30A as amended, having received a written petition addressed to it by Lewis W. Pollard 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 4, 1947. 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 Lewis W. Pollard requested permission to construct, on Lot #1 Lincoln Street, Lexington, as shown on plan of Five Forks Village in Lexington, Mass ., dated Mar. 28, 1946 byy,Mill.er and Nylander, Civil E;Igrs. , a 111 house designed by the K. V. Wolsey Company, Inc. designated by them as "America's h. 1 Home". This prefabricated house would substantially vary from the Building Laws of the Town of Lexington. 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 on April 10, 1947 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1• wi33-qtr fie-moi.-a141- ...:.. 0 .:3 tre-ma xrg-o -t+te-wesceptti erg fid'► 2. That the exception requested will tend to impair the status of the neighborhood. 111 3. That the exception requested will not be in harmony with the general purposes and intent of tho regulations in the Lexington torr4frg Br-3s Building By-law. Building 4. That the enforcement of the Lexington grerrirrg By-law as to the locus in question would not involve substantial hardship to the petitioner, and the relief requested could not be grant;u without substantial detriment to the public good and withou. substantially derogating from the intent and purpose of such Lexington 2rnri1�rrgg By-law. Building 12 b .2. Pursuant to the said findings, the Board hereby denies the said petition of Lewis W. Pollard for the erection of a prefabricated house on Lot #1 Lincoln Street, Lexington, as shown on plan of Five Forks Village in Lexington, Mass. , dated March. 28, 1946 by Miller and Nylander, civil Engrs. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth 11/ that the reasons for its decision are its findings herein- before 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) /s/ Errol H. Locke Lester T. Redman J. Milton Brown Walter C. Ballard Aiden L. Ripley l___. . 12 c 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 the twentieth day of March, 1947, to Lewis W. Pollard, William P. & Pearl M. Brenchick, Harold A. & Mae W. Conant, Kaistutis & Margaret G. Balchunas, Harry F. & Dorothy F. Conrad, June E. & Helen M. Chelland, John T. & Julia L. Furey, Augusta C. Holm, Leona C. & Barbara E. Lydiard, Rich rd J. & Catherine Devanna, William J. & Janet M. Bunkley, John D. & Flossie S. Campbell, Robert T. & Rosalind S. Gage, Sylvia Aker, Johanna Hultman, George R. & Ethel M. Mitchell, Robert L. Ryder, Tr. , Neil McIntosh, Irene F. Webb, George W. & Helen B. Sarano, Arthur H. Kent, Thomas M. & Irene F. Fordo, Joseph O'Leary, Thomas P. McHugh, Robert & Catherine Boyington, George Cooper, Charles F. Jr. & Victoria L. Siders , Randall S. & Florence Haws, Harold S. Gillis, Harry E. Knowlton, Harlan R. & Eleanor F . Allard, Eric J. Lifner, W. H. Webton, Eggene A. & Elizabeth A. Sawyer, and also advertised in the Lexington Minute Man on March 20, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE March 20, 1947 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 Lewis W. pollard and located on Lot 1 Lincoln Street, Lexington, as shown on Plan of Five Forks Village in- Lexington, Mass. , dated Mar. 28, 1946 by Miller and Nylander, Civil Engrs. , on file in the office of the Town Engineers, Lexington, Mass. , the erection of a house, the con- struction of which will not meet the requirements of the Building By-law. The hearing will be held on April 4, 1947 at 8:30 P.M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. ERROL H. LOCKE Chairman, Board of ApPeal s March 18, 1947 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The uhdersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30A as amended, to vary the application of section 2 - Article 21 of the Lexington Building Code with respect to the premises at Lot. #1, Plan of Five ForkaVillage, awned by Lewis Pollard of Dorchester by permitting the following: Erection of a house which will not meet the Building By-law. Lewis W. Pollard 61 St. Marks Road Dorchester, Mass. The Board next considered the applicatlion of Mr. Kelly. Upon motion of Mr. Ballard, seconded by Mr. Ripley, it was unanimously voted that the appli- cation be denied in the following form: 12 d BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30A as amended, having received a written petition addressed to it by Joseph F. Kelly a copy of which is hereto annexed, held a publi* 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 at 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 4, 1947. 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 the petitioner wished to erect on the premises owned by him, a building, on Lots 62 and 63 Sherburne Road, Lexington as shown on plan entitled "Proposed Sub-division of Land in Lexington, Mass. Belonging Principally to Lexington Estates Trust, dated March 1940 by Rowland H. Barnes & Co., Civil Engrs. He stated that the building would be constructed on a re- enforced concrete mat 4" thick with grade beams 18" by 12" around the perimeter of the entire building; that the foundations would not be in accordance with the Lexington Building By-law but* (over ) 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 on April 10, 1947 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. ! `-1-r+frs-l1... .,.o..L. -Cher-ptt3,r1-e-mur o,...�.c..,0 -Knd.' w - -tom-ie- L. ' ,Limit -sertred—irY_tuirmneci'trg the reque;s�ed. 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 8vtritrg--137' s r. Building By-law. Building 4. That the enforcement of the Lexington Benfiig By-law as to the locus in question would not involve substantial hardship to the petitioner, and the relief requested could not be grant3u without substantial detriment to the public good and withou substantially derogating from the intent and purpose of such Lexington Zotri-ng By-law. Building * would be constructed in accordance with plans submitted, with the date missing and the name of architect. 12 e 11/ -2.. Pursuant to the said findings, the Board hereby denies the said petition of Joseph F. Kelly for the erection of a house on Lots 62 and 63 Sherburne Road, Lexington which will not meet the requirements of the Lexington Build- ing By-law. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth 111 that the reasons for its decision are its findings herein- before 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) /s/ Errol H. Locke Lester T. Redman J. Milton Brown Aiden L. Ripley Walter C. Ballard 12 f I 111 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 the twentieth day of March, 1947, to Joseph F. Kelly, Frank L. & Catherine F. Stevens, Minnie C. D. Maddison, Walter W. Rowse, Znnette I. Spencer, William H. Driscoll, Raypond H. & Margaret M. Stearns, Russell B. & Grace H. Kelley, Robert L. & Charles W. Ryder, Katherine L. Kieley, Ralph H. Davis, Francis C. & Cora M. Nelson, Lillian K. Drescher, Ruth V. Livingstone, Beatrice T. Morse, J. Joseph & Anne T. Hurley, Lena M. Norris, Trustee, Florence E. Lawrence, Anne Rudd, Blanche T. Nilson, Gladys Tropeano, Andrew A. & Winifred A. McArdle, Harold S. & Mabel D. Johnson, and also advertised in the Lexington Minute-Man on March 20, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals. NOTICE March 20, 1947 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 Joseph F. Kelly and located on Lots 62 and 63 Sherburne Road, Lexington as shown on plan entitled Proposed subdivision of land in Lexington, Mass. Belonging Principally to Lexington Estates Trust, dated March 1640 by Rowland H. Barnes & Co. , Civil Engrs. , on file in the office of the Town Engineer, Lexington, Mass . , the erection of a house, the construction of which will not meet the requirements of the Building By-law. The hearing will be held on April 4, 1947 at 8:15 P.M. in the Selectments Room, Town Office Building, Lexington, Mass, ERROL H. LOCKE Chairman, Board of Appeals ( over ) March .17, 1949 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 30A as amended, to vary the application of section 2-Article 21 of the Lex- ington Building Code with respect to the premises at Lots 62 and 63 Sherburne Road, owned by Joseph F. Kelly of Arlington by permitting the following: To build a slab house not using a foundation. The purpose, Radiant heating will be installed in the slab. Joseph F. Kelly 32 Appleton Street Arlington, Mass. The meeting adjourned at 10 :15 P.M. A true record, Attest : Clerk, Board of Appeals.