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HomeMy WebLinkAbout1963-04-02 BOARD OF APPEALS HEARINGS April 2, 1963 A regular meeting of the Lexington Board of Appeals was held on Tuesday, April 2, 1963 in the Selectmen's Room, Town Office Building Present were Chairman Nickerson, regular members Hoyt and Wadsworth, and associate members fluffy and Ricker The following petitions were heard Ampolo Construction and_Engineering Corporation for a finding and determination, under Section 5(h)2a of the Zoning By-law of the Town of Lexington, that the proposed construction of an office building on Lot #6 Forbes Road, Lexington, will constitute a suitable development in and will not result in substantial detriment to the neighborhood Sherburne Swim Club for permission to erect and maintain a private park, playground and recreation buildings and structures including a swim- ming pool, all of a non-commercial and non-profit nature, together with an open air parking area for use in connection with the foregoing on Lots A and C on Bacon Street. Union Oil Company of Boston for permission to erect a 6' plastic internally illuminated stationary sign, non-rotating and non-flashing, on existing base at 329 Massachusetts Avenue. S. Arthur Peterson Inc. for permission to subdivide parcel of land at 544 Lowell Street into two lots, and to maintain existing structure on Lot 2 which would not have sufficient side yard Janice C. Galvagno and Holman C. Day for permission to use premises located at 23-27 Shirley Street, Lexington, situated in an R 1 district, as a three-family house and to add a fire escape to said premises At the close of the hearings an Executive Session was held during which the following decisions were reached Ampolo Construction and Engineering Corp. - granted Sherburne Swim Club - denied Union Oil Company of Boston - granted S. Arthur Peterson, Inc - granted Janice C. Galvagno and Holman C Day - denied All pertinent material with regard to the above petitions is on file under the name of each petitioner Ruth C. Brodhead Ill Clerk JANICE C. GALVAGNO & HOLMAN G. DAY Nickerson. Read notice Dean Nicholson representing. I have some photographs. (Shows them.) These premises are located at 23-25-27 Shirley St. It is a 3-family house and has been for many years in an area where there are any number of 2-family houses, some 3-family houses, and at least one 14-family house next door. This particular house was purchased in 1948 by Mr. Day and his father and the upper floor was rented for a period of 10 to 10-1/2 years. At that time my client took sick. The premises were in a condition which needed repairs and his father who owned it with him took sick and died. Since that time they were not able to rent it because it needed repairs and have never been until the past weeks when it was economically possible to do so. The premises haven't been rented for more than 2 years and the Building Inspector raised the question of a fire escape (States from the by-laws.) The Supreme Court says it means there has to be an intention to abandon and it has to be voluntary. Neither of these is true here. In any event, the premises have been used by the families living there and now they want to fix it up and as a safety measure put a fire escape on the rear of the premises. Nickerson. That comes out on the porch at the rear? Nicholson; Yes. Nickerson. What construction? Nicholson. It would probably be of metal construction. Nickerson. What wound be the egress from the 3rd floor to the fire escape? Would you have to come out of a window?. Day: There is a door. Nickerson: You say this was used from 1948 to 1958 as a 3-family house? Nicholson: Approximately. It is 25 Shirley St. that is in question. Nickerson. Questions gentlemen? Hoyt: Are all the facilities in there? Nicholson: Yes, except there have to be some repairs made to the plumbing, etc. They were there originally but they have to be modernized. I don't know when it was built. Nickerson: I think it was there prior to the zoning. Further questions? Anybody in favor? Mrs. Stuart: I live next door and I wish to speak in favor. Nickerson: Anybody else'T Anybody in opposition?