1938-06-24 - Laserfiche WebLink

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182 the question to the Town Counsel. Mr. Glynn asked if she had taken the matter up with the neighbors, and Mrs. Miller replied in the negative. Mr. Worthen said that this was one of the most inter- esting cases of zoning that had come to his attention. The person desiring to buy this property coa ld not sell dogs there, but could step across the lot line and sell from Mrs. Miller's stand. He said that a great many people did business in a small way from their homes. When the Zoning Law went into effect, there was a very strong minority report, and it was because if was felt that this Board would deal favorably with these borderline cases that the Zoning Law went through at all. The Chairman said he thought that as long as there was no commercial kennels there would be no trouble, but if it developed that later on the kernels was on a commercial basis, something would have to be done about it. They retired. The Board considered the application of Lila Lawrence O'Keefe, and felt that the house at 905 Mass. Avenue was in a thickly settled neighborhood, and that this type of occupation would be injurious to the neighborhood, and there- fore it was unanimously voted to deny the petition in the following form: The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Lila Lawrence O'Keefe, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington Minute -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on June 24, 1938. One Associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That she desired to maintain a private hospital and sanatorium for convalescent and retarded children at 905 Mass. Avenue, Lexington, similar to the one she is now conducting in the so-called Barnes property at 1557 Mass. Avenue. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that they felt it would depreciate the value of their property and that such a use would be detrimental to the neighborhood. At the close of the hearing the Board in private session on June 24th, 1938, gave consideration to the subject of the petition and voted unanimously in favor of the follow- ing findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. z 1 1 1