HomeMy WebLinkAbout1974-11-21LEXINGTON HOUSING AUTHORITY HEARING - November 21, 1974 LHA
' A regular meeting of the Board of Appeals was held on Thursday, November 21,
1974 in the Selectmen's Meeting Room of the Town Office Building at 7:30 p.m.
Present were: Chairman, D. E. Nickerson; regular members L. Clarke, Jr. and W.
Brodhead; and associate members Natalie Riffin and Haskell Reed. Also present
were a Minute -Man reporter and a room full of townspeople.
The public hearing on the petition of Lexington Housing Authority was held,
notice having been mailed to the petitioner and to the owners of all property
deemed by the Board to be affected including the abutters and owners of land next
adjoining the land of the abutters as they appear on the most recent local tax
list and also advertised in the Lexington Minute -Man, a newspaper published in
Lexington, which is all as required by law. Also notified, as usual, were: the
Town Manager, Building Inspector, Planning Board, Town Engineer, Conservation
Commission and Board of Health.
The Chairman read the notice.
Lexington Housing Authority requests variances from the provisions of Section
27, and other applicable provisions of the zoning by-law, to allow for the construc-
tion of 3 single family dwellings on the lots numbered 314-315-316, 317-318-319 and
320-321-322 Wood Street. Each group of three lots consists of 9,000 sq. ft., more
or less, said dwellings being located within one foot of the existing front lot
lines on lots 320-321-322 and 317-318-319 Wood Street and within 8 feet of the
existing front lot line of lots numbered 314-315-316 Wood Street. These lots are
opposite Wildwood Road and shown on a certain plan of land entitled "Topographical
Plan of Land in Lexington, Mass.", dated October 9, 1974, Albert A. Miller -Wilbur
C. Nylander. The Lexington Housing Authority is in the process of acquiring the
said lots from the Town of Lexington. It is anticipated that the Town of Lexington
will convey additional land to the Lexington Housing Authority and that a 30' set-
back will exist following the acquisition of the additional land.
Mr. William J. Dailey, Jr., counsel for the Lexington Housing Authority, repre-
sented the petitioner and provided the plans, also pictures of the houses intended
to be located on two tax -title lots. (see folder for plans and pictures.) He stated
that this land was originally laid out in March 1910 and in 1930 the County Commis-
sioners relocated Wood Street leaving the intervening strip between the new and old
Wood Street, some of which the Lexington Housing Authority intends to acquire from
the Town of Lexington, reducing the requirement for setback variances. In addition
to the tax title lots, Mr. Dailey indicated that representatives of the LHA had met
with the Board of Selectmen and had discussed the possibility of the Town conveying
to LHA the land located between the tax title lots and the present layout of Wood
Street. He said that they have an agreement to move the house before a date certain.
The 1972 Town Meeting by Article 67 gave the Selectmen the authority to convey
tax title lots to the Housing Authority to allow them to be used for low and moder-
ate cost housing. It is anticipated that an Article will appear in the 1975 Town
Warrant requesting that the Board of Selectmen be authorized to convey to the Lex-
ington Housing Authority the interest of the Town of Lexington in the land located
between the present tax title lots and the present layout of Wood Street.
' The Lexington Housing Authority has purchased from the National Park Service
two single family dwellings located within the present confines of the Minute Man
National Park. It is the intention of the Lexington Housing Authority to move
November 21, 1974 hearing (continued) -2
' one of these dwellings onto one of the Wood Street lots. The one house will be
moved to the lot designated as Lot 3, formerly Lots 114-115-116 and it is expected
to be moved in December. The other house which has been acquired will be moved to
Philip Road. It is anticipated that these homes will be used as residences by
single families. only one house will be moved to Lot 3 at this time. Permission
has been requested to construct two additional houses on the two remaining lots if
the opportunity should arise. The only variances requested relate to front yard
setbacks. The setback will be measured from its location on the lot to the orig-
inal boundary line of old Wood Street. The extra land, in front of the lot and
left by the relocation of Wood Street may not be used in calculating the front yard
setback because it will only become a part of the tax title lot after a favorable
vote at the 1975 Town Meeting. When placed on the lot it will have a front yard
setback of 8 feet, although it will have a setback of more than the required 30
feet when, and if, the extra front land is obtained.
Chairman: Who will own and maintain the houses?
Mr. Dailey: These will be owned and maintained by the housing authority and tenants
will be selected by them.
Chairman: How will access to the lots be gained?
Mr. Dailey From the new Wood Street over a long driveway just like the one which
services an existing house on an abutting lot.
' Mr. Reed: You will have a 12 ft. wide driveway? Will it be necessary to remove
large trees?
Mr. Dailey: The driveway will not exceed 12 feet in width and every attempt will be
made to remove as few trees as possible. This lot (lot 3) is the closest one to the
street which should mean removal of fewer trees in actually locating the house on
the land.
Mrs. Riffin: Could you tell us more about the house?
Mr. Dailey: The one house to be installed is known as the Risch House. It is a 1k
story, colonial design house with two -car garage attached. It will have a kitchen,
dinidg room, living room, bathroom, small bedroom and den on the first floor; and
three bedrooms and a bathroom on the second floor. It is 15 years old. The Risch
house was purchased at auction for $3,560. The other house purchased from the National
Park was purchased at the same auction for $4,150.
Mr. Clark: Is this the house from which the woman disappeared (Joan Risch)?
Answer: Yes, about ten years ago. (Foul play was suspected, but her body has never
been found.) Little is being said about this. Hopefully discussion of this can be
kept to a minimum.
' Mr. Clarke: I have a couple of questions. Do you really have to move the house by a
time certain? Why not wait until after the 1975 Town Meeting? Then you would know
whether a variance is actually needed or not.
Mr. Dailey: We have an agreement with the Park Service that the house must be moved
by a date certain in December.
November 21, 1974 hearing (continued) -3
I
Mr. Clarke: The Selectmen have agreed orally to put an article in the warrant this
coming March?
Answer: Yes, we met with the Selectmen.
Members questioned why a variance was needed to approve a lot with an area of
9,000 ft. since the 1910 plan was recorded and the lots are therefore legal build-
ing lots. (The Planning Board was of the opinion a variance was needed for area.)
Chairman: Would anyone like to speak in favor of the petition?
NO RESPONSE.
Chairman: Would anyone like to speak in opposition?
William Bean, 97 Wood St.: We live directly opposite this site and we like the
woodsy atmosphere. I have been always under the impression a house would go in
there but thought it would be a new home. I hope you considerthe traffic situa-
tion and the feasibility of putting a 15 -year-old house on a 65 -year-old lot. Will
that be in keeping with the neighborhood?
John Paradis, who owns land across the street (his home address is 90 Everett St.,
Arlington) had no objection. He said that he owned two thirty foot lots, Lots 312
and 313 shown on plan "Colonial Heights". I'm curious as to how this will affect
my lots.
Chairman: I presume that if you ask to build a house on the 2A30 ft. lots,you will
probably get it.
Paul Howland, corner of Wildwood Rd. & Wood St.: Why don't they combine the 9 lots
into 2 lots with 135 ft. of frontage instead of 3 with only 90?
Mr. Dailey: The question came up at the time we were discussing this. The two lots
across the street have 100 ft. of frontage and two others have 80 for an average of
90 ft.
Mr. Reed: They could build a house on each one of the lots since they are legal and
were recorded as individual building lots in 1910.
Also present on behalf of this petition were Mr. Temple E. Scanlon, Executive
Director of the LHA; Mr. Adler, Architect; Joseph 0. Rooney, LHA chairman; and Mr.
Beaman, LHA member. Mr. Rooney rose to thank the Board for listening.
Following is a copy of each of the Warrant Articles - 67, 68 and 69:
Article 67 To see if the Town will vote to amend section 16 of article VI of the
general by-laws by substituting for the text thereof the following:
In addition to any authority now or hereafter vested in them by law or by any
special or standing vote of the town, the selectmen may sell and convey to any public
agency or non-profit corporation, or to any other person or corporation approved by
the LHA and undertaking to provide housing on the land so sold or conveyed for the
use of the said Authority, for less than fair market value, any lots, not to exceed
a total of 38 such lots on a town wide basis, meeting the requirements of the Lexing-
ton zoning by-law for buildable lots (including such lots conforming to the provisions
November 21, 1974 hearing (continued) -4
' of subsection 26.5 thereof) now or hereafter taken, or otherwise acquired, for non-
payment of taxes, the right of redemption of which has been or shall be foreclosed
or otherwise terminated, upon such terms and conditions as the selectmen shall deem
proper and also as they may deem necessary to assure that each such lot or combina-
tion of lots so conveyed will have a frontage of not less than 45 feet and will be
used to provide housing for not more than one household of low or moderate income
eligible to be assisted under any government program designed to provide such hous-
ing, in which housing such occupants may have the opportunity to acquire ownership
or equity interests; provided that any such proposed sale or conveyance shall first
have been referred to the planning board for its report on whether or not such sale
or conveyance, and associated proposed development is consistent with local policies
concerned with housing and land use and is a suitable development with regard to the
area surrounding the parcel to be conveyed or sold, and either such report has been
received or forty-five days have elapsed after such reference; and provided further
that no lot shall be sold or conveyed under this section if its area exceeds 30,000
sq. ft.; and providedfurther that not more than five such dwellings shall be loca-
ted within any circle 10 acres in area.
Article 68 To see if the Town will appropriate a sum of money for defraying the ex-
pense to the LHA of preparing plans, studies, surveys and estimates in connection
with a program to provide housing for families of low income by means which avoid
undue concentration of assisted housing in a manner consistent with development ex-
isting in districts designated R0, RS and RT under the Zoning By-law; determine
whether the money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner in rela-
tion thereto.
Article 69 To see if the Town will appropriate a sum of money in aid of the LHA for
defraying development, acquisition and operating costs of one or more low -rent hous-
`°ing projects within the Town, and to determine whether such appropriation shall be
raised by borrowing or otherwise; or act in any other manner in relation thereto.
Letter from County Engineer: (addressed to Temple E. Scanlon, LHA Exec. Dir.)
In reference to our telephone conversation, I am submitting a colored print of
the area in question as to ownership along Wood Street in the Town of Lexington.
According to common practice and numerous court cases, reference Ch. 82, Sec. 2,
Note 5 of the Mass. G.L., the ownership of the old public way which was excluded from
the 1930 County Layout will automatically, unless otherwise stated, revert to the
abutters.as shown on the accompanying print.
I have reviewed the plans and the 1930 County Order of Taking and there is no
indication that the area in question was not to be discontinued.
If we can be of any further assistance please feel free to contact this office.
Letter from Kenneth G. Briggs, Planning Director to Board of Appeals:
The Planning Board has reviewed the plans of the LRA to place 3 -single-family
dwellings on lots numbered 314-315-316, 317-318-319 and 320-321-322 Wood Street. The
Housing Authority is seeking two variances, one for reduction in area from 30,000 s.f.
to 9,000 s.f.; the other variance is to allow for placement of the buildings within 1
foot of the existing front property line.
In the opinion of the Planning Board, the granting of these variances would not
November 21, 1974 hearing (continued)
-5
be in conflict with the general character of the neighborhood, and would be in the
spirit of the 1972 Town Meeting vote to allow construction of low and moderate
income housing on scattered sites.
Therefore, the Planning Board supports the Housing Authority in seeking these
variances and recommends that the Board of Appeals grant them.
For other details, plans, etc. presented to the Board of Appeals for this hearing
see file folder "Lexington Housing Authority" - Wood Street.
The hearing was declared closed.
Following the hearing on this same date, November 21, 1974, the Board made its
decision in so-called executive session, which is open to the public for listening
only, as the Board deliberates and discusses the petition, giving further consider-
ation to the subject of the petition, the evidence presented by the petitioner and
others, and the reports and letters received by the Board.
' The motion to grant the petition was made by Logan Clarke, Jr.
It was seconded by Haskell Reed and carried unanimously. The petition was
granted.
1
The wording of the Permit for Variance was dictated by the chairman (see Permit).
The only condition reads as follows: Pursuant to the said findings, the Board hereby
unanimously decides to grant the petition as worded, subject to the condition that
only one house shall be installed in the immediate future on the lot now designated
as Lot 3, formerly known as Lots 314-315-316.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
CWAtw,, �
Evelyn F. Cole, Clerk
BOARD OF APPEALS
Note: This decision was filed with the Town Clerk on November 22, 1974. ec