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
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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
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1629 MASSACHUSETTS AVENUE 0 LEXINGTON, MASSACHUSETTS 02173 • TELEPHONE (G/7) B62-p9GD
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Street
IMPORTANT: Please return Tax Collector's Copy and Assessor's Copy
with your payment
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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)