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HomeMy WebLinkAbout1961-10-10C 1 BOARD OF APPEALS HEARINGS October 10, 1961 A regular meeting of the Lexington Board of Appeals was held in the Selectmen's Room, Town Office Building, on Tuesday, October 10, 1961. Present were Chairman Nickerson, regular members Emery, Ripley, and Ballard, and associate member Norris. At 7:30 p.m. hearings were declared open upon the following petitions: Owen S. Lafley - to maintain free-standing sign at 25-27 Mass. Ave. Soc2N Mobil Oil Co. Inc. - to erect and maintain at Mobil Station, 'ZT7 Bedford or Mobil Plastic I.D. sign, Clean Rest Room sign, "A" sign. Socony Mobil Oil Co. Inc. - to erect and maintain at Mobil Station, 344 concorde, Mobil Plastic I.D. sign, Clean Rest Room Sign, "A" sign. Socony Mobil Oil Co. Inc. - to erect and maintain at Mobil Station, corner Waltham St. and Marrett Rd., Mobil Plastic I.D. sign, Clean Rest Room sign, "A" sign. I. John B. Miles - to erect tool house, 7'h" x 10', on Lot 3 and b at 8 Su vant.. witch would be 9 ft. from the westerly lot line and 1 ft. from the southerly lot line. H M. and Barbara C.Sa er - to subdivide Lot B, Patricia Terrace, which s a non -conforming lot, into two lots each having suf- ficient area but insufficient frontage. At the close of tits hearings an Executive Session was held during which the following decisions were reached: Owen S. Lafley - granted Socony Mobil oil Co., Inc. sign. granted. Socony Mobil Oil Co., Inc. sign granted. Socony Mobil Oil Co., Inc. sign granted John B. Miles - granted - I.D. sign and Clean Rest Room - I.D. sign and Clean Rest Room - I.D. sign and Clean Rest Room Henry M. and Barbara C. Sanger - denied All pertinent material with regard to the above petition5is on file in each individual folder. Ruth C. Brodhead, Clerk U 3 4- 51` Henry M. & Barbara C. Sanger Nickerson: Notice read. Mr. Russian, you have submitted a plot plan entineered by Miller & Nylander, dated July 28, 1961, in which you show these two lots which you propose to subdivide the present one into. They are indicated as Lot B1 and B2. B2 contains 46,240 sq.ft. and B 1 contains 36,520 sq.ft. Patricia Terrace is a private road leading up to the center line on these 2 lots, but there would be a very small frontage on Patricia Terrace for each of these lots. Do you wish to amplify? Russian: Yes. There is an extension of hot top on to both lots. It is enough room to park 5 or 6 cars. This strange Looking lot was created in 1906 through Land Court registration. Mr. and Mrs. Sanger own the entire way called "Patricia Terrace." The road, Patricia Terrace, has 3 houses on it. It has lots on it which vary from u0 ft. . . . To gain access to Patricia Terrace you must travel on Reed St. in Arlington. Arlington has been responsible for plowing the street. Water is supplied by Lexington. Garbage disposal, neither town takes of. Mr. and Mrs. Sanger have owned this lot for a good many years. The house is located from a point far removed from the proposed division line between the two lots. The area in back is vacant. There is no anticipation of any development of subdivision there. I recognize the fact that we do have extremely small frontage on the weay. There has been no objection by any abuttor. The neighbors are quite willing for them to divide this land. There is a basis for believing that the neighborhood would be improved. If a housee were to be constructed on this land it would be improved. There is a large area already Black -topped which could be used for entrance to both lots with no traffic hazards. The situation in terms of the petition by Mr. and Mrs.Sanger is not one of an individual seeking to make a large profit. There is in fact a sensible approach to dividing the premises. The intent to sell it. If the by-law were rigidly applied, Patricia Terrace would have to be extended 150 ft. into the lot. The Sangers would then be responsible for expenses of $4,000 to $5,000. The value of the lot is hard to determine. Mrs. Sanger has sought my assistance for this application. She is unable to handle the matter herself. Her husband is incapacitated for over a year. I urgently suggest that in light of this situation it would seem to me that this falls into your province and this is properly a matter which would be the best solution. It would meet the jurisdiction as well as the moral attitude of the law. Nickerson: Mr. Russian, before we terminate the hearing, I am going to read a letter from the Planning Board together with a drawing. Any ques- tions from the Board? Norris: I understand Patricia Terrace does terminate at the boundary of these two lots. Nickerson: No. It goes into a turn -around. Norris; Is the turn -around included in the right -of -wap? Russian: I think it is part on Lot B1 and B2. 3 52 g Norris: Which town provides fire protection for these properties? Russian: Lexington. ' Norris: Is there a hydrant? Russian: There is an Arlington fire hydrant at the corner of Patricia Terrace and Reed St. in Arlington. Emery: Are there new houses on these other lots? Russian: Lot A is a vacant lot. Ripley: The Sangers live in this house? They intend to remain there! Russian: Yes. Emery: Are there houses on Lot C2 and D? Russian: There is a house on C2, Lot D and Cl. C1 and C2 was a large lot subdivided into two lots. Nickerson: Ahere is also a garage on a lot on the corner of Reed St. and Patricia Terrace, and another house which is almost immediately on. Reed St. Ballard: Does Lot A have a frontage? I Russian: I don't believe so. Emery: Where does the water come from? Russian: I don't know. Nickerson: Further questions from the Board? Anybody its favor? Davis: I would like to go on record as being in favor. My house and land come down into Patricia Terrace. I front on Patricia Terrace. Nickerson: Anybody else? Anybody in opposition? If not, I will read a letter from the Planning Board. (Does so) (Also refers to letter about Gallo on Deming Rd.) The Planning Board claims that we can't divide an area on unaccepted street and the Town Counsel says we can. I do think they have written a reasonable letter, but it is expensive. Russian: I am interested in this man being able to sell the lot. With such a turn -around I expect it would cost $8,000 to $10,000. Then is why there is a Board of Appeals. In this case we have a very short road, no traffic problems, three houses and we are going to add a fourth. The Zoning By-law doesn't always meet the factual situation that exists. Nickerson: No further questions from the Board? The hearing is closed. ' 53 Executive Session ' Nickerson: I went over there with Sam Snag. He seemed to be of the opinion that there were good grounds for this, but now he has revised his field. (Reads letter about Gallo). He is wrong about Deming Rd. because that is a good street, and he is wrong about this Patricia Ter- race. The Building Department said it had been laid out. (Reads letter from Stevens of 9/4/57.) A case was taken to court over in Brookline like this. The court decided that it could be and a decision was rendered in that regard. When I checked several months ago on this Maloney thing off Route 2A Steve told me that he would reverse his de- cision. The court case was upheld. We were the people to come to in cases of subdivision even though not on an accepted street. When we were having our fracas with the Planning Board the point was raised why didn't we get together on these beforehand instead of afterwards. We advise them when we publish these in the paper. There iskplenty of time between the advertisement and the hearing, so that the Planning Board could delegate one of its members if they have objections. Dick Soule called me tonight to say he had written this letter. It is a little bit late. I thought Russian put up a pretty good case. It is a shame to shut off a big piece of land like this unless the owner spends a lot of money on it for a turn -around. Ballard: Is it paved? Nickerson: Yes. The drawing is wrong. It doesn't come down to a point. Ballard: Do you gather that part of this encroaches on the lots of people on either side? Nickerson: I don't know. Norris: I didn't get their argument about this 80 ft. circle. I think they have a point about insuring a fire truck could get in there and operate. But it seems to me that if they could legally encompass this as part of Patricia Terrace then they have achieved all that is necessary. Ripley: How about the driveway? Nickerson: He has a right-of-way from this neighbor to take his car in here. Ripley: A fire truck could go in there. Nickerson: It is a pretty rocky way. This plan of the 80 ft. turn -around would also necessitate takings from these people here. It would be ex- pensive. Norris: How can you require more than the normal street? Ripley: I think they are basing that on the requirements for a dead-end in a development. Nickerson: This could be granted on the physical condition that exists now. 354 Emery: I think that is too big, but I think 10 ft. is too small. If they could incorporate it in some way so that each house had about 40 ft. ' Norris: Youi have to be sure that Patricia Terrace is extended into some small circle. Ballard: What is the status of Patricia Terrace? Nickerson: It is an unaccepted street. Ballard: Now we are alright except for the circle. I see no alterna- tive except to deny it as the petition is written. Nickerson: Would you add the suggestion that we tell Russian why? Ballard: Tell him on the side. Nickerson: And say that if this circle could be shown on the drawing .. Norris: I sketched in about a 40 ft. circle on that plot. Emery: Does a turn -around like that have to be paved? Ballard: It could be gravel. Nickerson: He would have to make a taking from this fellow 180 ft. long and from this fellow and this fellow to a taking that would be 180 ft. ' long. Ballard: I understood him to say that they were going to extend Patricia Terrace into the lot, not taking from neighbors. Nickerson: Is your feeling that if this is denied it could be conveyed to Russian that is he came in and laid out a circle that couldn't be divided later so that there would be no danger of it ever being out in two Norris: Something in the order of 40 ft. seems to be reasonable. Nickerson: What would be the perimeter on it? Norris: About 60 ft. on each half. Ballard: He wouldn't have to do anything on the side lines. Urrisw Thia -would enable them to have 3 cars parked out there each, and still have room for a fire truck. Nickerson: They are having a hard time financially. I don't think there would be much parking in here from these people. Norris: They don't have to do a fancy job. The main thing is to estab- lish this as part of Patricia Terrace. Ripley: If it were done . . . Could we give them another hearing? 355 Nickerson: If that layout is to be remade - it is probably a Planning ' Board matter. If there are any roads to be considered it is a Planning Board problem. Ripley: If they get hold of it they will plump for a big turn -around. Sometimes they have 3 or 4 houses on a tura-around like that. These are "way out in the sticks. If we don't think we can act on it because of the size of the turn -around then it has to be thrown to the Planning Board.and they wouldn't settle for anything less than what they indicated. Nickerson: If it turns out to be a Planning Board matter they will quash it unless their scheme is followed. We could, on our own, grant this as laid out in the petition with 21 ft. of width there and say nothing about the turn -around. We do that and what happens? I don't think our hook and ladder would go in there without a lot of backing. They have to lay the line back here anyway. I don't think they would have occasion to go in there with a normal size ladder. Emery: If you could make them cut off these corners here . . . Ballard: The ideal thing would be to straighten out that street. Norris: What is the status of it at the present time? It is a separate plot of land that is used for a street? It is not really a right-of-way. Nickerson: This house was built in 1906. I have one further suggestion. I talked with Steve about this Patricia Terrace and he seemed to think it was alright. I talked with the Building Department and they seemed to think it was a laid -out way. Now if I call Steve tomorrow and de- scribe the situation and ask him to reply to us in writing whether we have the right to grant this as presented . . . . Ballard: I wouldn't want to do it with those 10 ft. frontages. There is a possibility of correcting it by putting a circle in there. Nickerson; Wrien the Planning Board gets on this . Emery: If they own Patricia Terrace does it mean that it still has to go before the Planning Board? Norris: I would think it does. All they are asking for is to divide their big lot and then Int if they would put 2 arcs of a circle there and incorporate it as part of Patricia Terrace they woudl have it'all regist- ered under their names and could convey the other lot to somebody else. All the other owners mast operate on right-of-ways on Patricia Terrace. Ballard: I can't understand the Engineering Department saying it was a laid out way. Nickerson: They did some funny things "way back." Ballard: Are you satisfied that the town has laid out Patricia Terrace? Don't you think it shouid be ascertained? 3 45) fl ►-� C.1 Nickerson: Yes. I think we should defer this thing until we find out from Town Counsel. , Emery: I don't like 10-1/2 ft. I would like to defer it. If your in- vestigation shows that it is not a Town way maybe it would change the procedure whether it would have to go before the Planning Board if these people just put a turn -around at the end. Ripley: It would mean another hearing? Nickerson: No. I just mean defer our vote. Riepley: He could slip us a plan defining it. Nickerson: Additional data. Ripley: I moved to grant it. I can't see any harm. If the Planning Board gets their teeth into it that will be the end of it. Emery: Do you want to grant it? Nickerson: No. I heard them say it was a right-of-way. Emery: They probably owned the whole thing originally. Ripley: I will withdraw my motion and defer it until the next meeting. If this is privately owned it is a question if the Planning Boad has any jurisdiction. I would like to see that circle defined. Nickerson: Is it deferred? I think we have to render a decision within 30 days. Ripley:. He should have been smart enough to put that circle on the plot per• Nickerson: This is an engineered layout by Miller & Nylander.