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HomeMy WebLinkAbout1974-03-19BOARD OF APPEALS HEARINGS ' March 19, 1974 A regular meeting of the Lexington Board of Appeals was held on Tuesday, March 19, 1974 at 7:30 P.M. in the Selectmen's Meeting Room of the Town Office Building. Present were George Sheldon (Vice Chairman), chairing the meeting, regular members W. Brodhead, R. Morey and G. Wadsworth, and associate member R. Cataldo, a Minute -man Publications' reporter, a LWV's observer and an audience of townspeople. Public hearings were held on the following petitions, notice having been mailed to the petitioners, to the owners of all property abutting the peti- tioner's land and to the owners of land next adjoining the land of the abutters as they appear on the most recent local tax list, to town boards and officials who will or might be affected by decisions made and also advertised in the Lexington Minute -man newspaper. Charles J. Copelotti and Sheila A. Copelotti - variance of Section 27 to con- struct a porch at 30 Pearl Street with a 20 ft. front yard setback instead of the required 30 ft. Nicole M. DiMarzo - variance from Section 25.52 to allow the parking of motor vehicles on the rear portion of parcel numbered 365 Waltham St., which is within an RS district. Petitioner is purchaser under terms of a conditional Purchase and Sale Agreement with the owners of the land, Melkon M. Samoorian and Mary Samoorian. Antonio and Lucy Devito - variance for issuance of a building permit to erect a single family dwelling at 80 Valleyfield Street. Martin Bernard, as Trustee of Burlington Arcade Associates - to confirm under Article XXIX of the General By -Laws of the Town of Lexington the action taken by Petitioner in moving soil from the Lexington to the Burlington portion of its land at 43 Middlesex Turnpike in connection with Petitioner's construc- tion of the Burlington Arcade Shopping Mall and to authorize without further relocation of soil from Lexington to Burlington future grading of the site. Harold R. Millican and Helen M. Millican - pursuant to Section 12.2 of the Zoning By -Laws, to operate a private school for the instruction and study of swimming, in the private swimming pool enclosure in the rear of their property at 90 Hancock Street during the months of April through October of each year, during the hours of 9 a.m. to 6 p.m. on Mondays through Fridays. Following the hearings the Board made the following decisions, all in public open meeting: Copelotti - Granted unanimously. DiMarzo - Denied unanimously. Devito - Decision withheld until April 2, at which time it was unanimously denied. 'Burlington Arcade Associates - Withdrawn by petitioner. Millican - Granted unanimously with conditions for one year. All pertinent material is on file under the name of each petitioner in the Board of Appeals' office. The meeting adjourned at 10:30 p.m. �� Ct&- Evelyn F. Cole, Clerk fl F ANTONIO and LUCY DE VITO HEARING 80 Valleyfield Street March 19, 1974 Present: G. Sheldon, Vice Chairman (Chairman Pro tem) G. Wadsworth W. Brodhead R. Morey and R. Cataldo, Associate Member The Chairman read the notice as follows: February 28 and March 7, 1974 The Board of Appeals will hold a public hearing on the petition of Antonio and Lucy DeVito for a variance for issuance of a building permit to erect a single family dwelling at 80 Valleyfield Street. Said lot has all necessary utilities at front property line. The hearing will be held Tuesday, March 19, 1974 in the Town Office Building at 7:40 p.m. This notice was published in the Lexington Minute -man as required by law and people deemed interested notified. Mrs. DeVito was present. Chairman: You have given us 2 plans, one entitled "Plan of Part of Sec- tion 4 - Farmhurst, Lexington, Mass., owned by Neil McIntosh Tr.", dated May 1923 and another plan entitled "Land Court Plan of Land, Lexington, Mass.;'dated Feb. 24, 1963, engineered by Joseph W. Moore, Inc., Registered Land Surveyor, showing this approximately 50 by 400 ft. lot. You have the floor. Do you wish to explain. Mrs. DeVito: We would be very happy if we could get a building permit. We have owned the lot for 35 years or more. It has drains...... town sewer. I pay for sewer betterments. There is a fire hydrant nearby. Chairman: You are familiar with this Bob? (Robert Cataldo) R. Cataldo: Did you bid on some of these lots when they were up for sale in the last 4 or 5 years? Mrs. Devito: Yes, but I couldn't get it. I would like to buy an extra lot. R. Morey: The pavement goes to your lot? Mrs. Morey asked questions as to where the water and sewer actually went and whether the sewer was a trunk sewer. Mr. Cataldo.directed a question to Mrs. Devito. You are paying a betterment? Answer: Yes. I have a copy of the 1965 betterment from the town of Lexington. (Mrs. DeVito gave the Board an original "Sewer Betterment Assessment" dated October 18, 1965, committed 10/18/65, Acct No. 6980, addressed to Lucy I. & Antonio DeVito, 45 Lexington Street, West Newton, Mass., with the state- ment "Sewer betterment assessment on Lot 80 Valleyfield $243.99' Devito Hearing 3/19/74 Page 2 Chairman: Does anyone wish to speak in favor or opposition? Nobody spoke in favor nor in opposition. Chairman: We have a letter from the Planning Board: Dear Mr. Nickerson: The Planning Board has reviewed the petition of Antonio and Lucy DeVito for a variance to allow issuance of a building permit to erect a single family dwelling at #80 Valleyfield Street. In order for a building permit to be issued for a parcel of land, it must be a "lot" having frontage as defined by the Lexington Zoning By-law. In the opinion of the Planning Board, Valleyfield Street beyond #78 does not have adequate grade and construction to provide for vehicular travel. Therefore, this portion of Valleyfield Street, for which this variance is being sought, does not meet the definition of "street" or "way" in accordance with the Zoning By-law and is not exempt from the operation of the subdivision control law. Section 81-Y of Chapter 41 G.L. prohibits the issuance of a building permit, as well as the laying out of public ways other than by Town Meeting vote, except in accordance with subdivision control law. The Planning Board therefore recommends that this appeal be denied. Sincerely, LEXINGTON PLANNING BOARD /s/ Eric T. Clarke, Chairman Mr. Clarke: What is the betterment for? Answer: A sewer better. R. Cataldo:asked where the sewer went, to the beginning of the lot? Mr. Clarke asked a further question in an attempt to clarify the location of the sewer and the betterment payment. (This appeared to be a new piece of evidence to him.) Mr. Cataldo asked where the access to the playground was. Mrs. Morey asked which lot on the plan we were discussing, 82 or 84. Mr. Sheldon: We have a letter from a former town counsel, Don Legro. ' (He read from the letter dated November 26, 1971, which is in the file.) Mr. Clarke said that the Enabling Act gives them the right to say whether it's legal or not. Mr. Sheldon directed another question to Mr. Clarke about continued use of it Devito Hearing 3/19/74 Page 3 Mr. Clarke said that they really thought this end of the street was not a legal street. He said that there were several other cases similiar (lots not on legal streets). Mr. Cataldo acknowledged that he "was getting the idea" A question was asked about extending the water main and extending the street. Mr."Clarke responded that it was up to the Selectmen to which others agreed. Mr. Clarke made the statement that this part in question was not a travel - able way. Mr. Cataldo asked another question as to whether they wanted to construct the street. Mr. Clarke responded that he wasn't certain of the ownership of that part of the street. The hearing was closed at 8:38 p.m. IFurther deliberation did not clarify the questions of the Board. Mr. Cataldo expressed a wish to ask the Planning Board to reconsider their position in light of new facts (the betterment assessment) and the desire to check with the Selectmen to see what granting this request would mean to the town. If it's granted it will open up the street and put pressures on the Selectmen to extend the water main. The houses already on the street were built before the street was declared legal. It was decided to postpone the vote on this petition and to write letters to Mrs. DeVito and to Eric Clarke of the Planning :!.Board. Dear Eric: The Board of Appeals is reserving decision on the request of Antonio and Lucy Devito to build on the premises at 80 Valleyfield Street. In order to give your Board an opportunity to reconsider your recommendation to us, our Board is postponing decision until April 2, 1974. It was apparent during the hearing that the petitioners have held this land for many years, possibly more than 20, and have paid sewer betterments on this property. The land was not purchased for speculation. Enclosed is a copy of the DeVito's betterment assessment on this lot. We believe that a real case could be made under the hardship clause and would hope that your Board might reconsider its stand. We would very much appreciate hearing from you prior to April 2. Thank you for your attendance at our meeting last night. C F�n Board Appeal -> March 20, 1974 Ms. Lucy I. DeVito 45 Lexington Street West Newton, MA 02165 Re: 80 Valleyfield St., Lexington Dear Ms DeVito: The Board of Appeals has postponed decision on your petition until April 2, 1974 in order to consider the matter further. In the meantime we would appreciate some further information from you. Would you please advise us as to how long you have owned the lot at 80 Valleyfield Street and also if you have paid or are paying the sewer betterment, the original of which we return to you with this letter. (We have a copy.) Please call our secretary, Mrs. Cole (862-0500), at your convenience in the next few days. Very truly yours, George C. Sheldon Vice Chairman GCS/ec Enclosure r w ll r it a pry 1629 MASSACHUSETTS AVENUE 0 LEXINGTON, MASSACHUSETTS 02173 • TELEPHONE (G/7) B62-p9GD M Street IMPORTANT: Please return Tax Collector's Copy and Assessor's Copy with your payment 1 1 March 22, 1974 "an update" Associates were sworn in on the following dates: 1966 3/23/66 Logan Clarke, Jr. 1970 6/03/70 Haskell W. Reed 1971 Irving H. Mabee 1972 7/25/72 Robert Cataldo 1973 5/22/73 Robert M. Gary 1973 6/1/73 Thomas G. Taylor (data is according to the Town Clerk's office) Regular Members Donald E. Nickerson 1977 Ruth Morey 1976 George C. Sheldon 1975 George P. Wadsworth 1974 Woodruff M. Brodhead 1978 (data is according to the Town Report of 1972)