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HomeMy WebLinkAbout1933-04-21BOARD OF APPEALS MEETING APRIL 21, 1933. A meeting of the Board of Appeals was held in the Select- mentis Room, Town Office Building, on April 21, 1933, at 8 o'clock P.Ift Messrs. Maddison, Glynn, Baldrey,�,Ferguson and Robbins were present. The Secretary was also present. 1 Mr. Robert L. Ryder, representing the owner, Charles W. Ryder, explained that this application was for renewal of the permit which was granted by the Board. The application was for the Old Cary House which was formerly the Cary Estate and that they intended to carry out just what was in the application, a place for having public gatherings and where they can serve meals to the public also to have a gift shop. Mr. Ryder stated that he understood that there was some criticism more recently of the conduct at the Mohawk Club and perhaps some of it was justified, but a 16t of it was news- paper publicity, upon which there was no foundation whatever. He felt, however, that the proper person could conduct the place in a manner that would be a credit to the town. He felt that his brother having taken over and assumed the responsibility for this property that some use of it should be allowed that some income might be derived. He felt that this property had out -lived its use for a private residence as there ' is no demand any more for a large home. This was formerly a very desirable private residence and it could be made to carry itself until conditions change or some other use can be made of it. He stated that the house had been used by the Board of Trade, the American Legion and other local organizations and they enjoy all,of the facilities of the club house. He stated also that they would like to have the place get a reputation for serving meals similar to the reputation built up by the Old House or the Hartwell Farm. In regard to the gift shop they proposed to shut off one room for that purpose. His brother had a large assortment of rugs and things of that kind that would be put in the gift shop. He explained also that they intend to keep the active management of the property in their own banda. He stated that the Mohawk Club had no interest in the property for tww or three years. Mr. Neil McIntosh stated that the Old Cary House was about fifty years old and was always used by the Cary family. He took the property over in 1925 and at that time tried to Est a license as the house contained 23 or 24 rooms. The Mohawk': Club had gatherings there that were not objectionable, but what had happened since that time he did not know, but he felt that it was perhaps the fault of the management and it should not be taken as a damage to the property owner. He felt that the ' place could not be used for anything except what was renuested in the petition, and if the place was under new management Be felt sure there would be no objection to it. S A. Mrs. Jane Boleyn of Shade Street stated that she lived in the second house from the Old Cary House; and her main objection is the noise that comes from the various times that have been held there. She had been annoyed and awakened by the noise of the various young couples that come from the dance hall. This was her main objection. Some of the parties are not over until three or four o'clock in the morning and the noisd of the music kept them awake and she felt if a person works in the day they should have their rest at night. She did not object to a gift shop. Robert Boleyn of Shade Street called attention to a loud speaker that was used one Sunday from nine o'clock in the morning until nine at night. He was not the only one that complained about it then and there was no action taken at that time. Kendrick Stimson of Cary Avenue stated that he called the Police Station and asked the time and it was eighteen minutes of one one Sunday morning and he complained of the noise and he was informed that an officer would come right over. He never could get any satisfaction, however, about the noise. This occurred on only two or three occasions; it was not a frequent occurrence. Mrs. Stimson of Cary Avenue Balled attention to one ' occasion of the noise of the cars when they smart to go down Cary Avenue blowing their horns. Her mother-in-law was with her, and she was not well, and was awakened and as far as she knew everyone in the neighborhood was awakened. They did call Mr. Mulvey and ask him if they would stop the noise. This was about 12;15 P -.M. They did not object to a gift shop, but they did feel that being as near as they were to the property that it did not increase the value of their place. Mrs. Robert Fawcett of Marrett Road inquired if there were not other organizations that used the club other than those mentioned by Mr. Ryder. Wi.Ryder dtated that there were out of town organizations such as the masonic organizations, Knights of Columbus of Brookline, that met at the club for gatherings. He also stated that he was sorry that the cars made such a noise but he did not see how they could control what went on down on tht avenue. He also stated that every time he had been there that the music was stopped at 12 otclock and it might hate been possible that the music that was heard was if a few of the couples stayed after 12 o'clock and played the radio. This might occur in anyone's home. ' Mr. George F. Pearson of Shade Street stated that it seemed to be a day of roadhouses and country clubs and he appreciated Mr. Ryder's problem and he would have no objection to anybody conducting a place of that kind but his only objection was to the noise. He stated that on many occasions you can hear the noise as far as Concord Avenue. He recalled one politcal i� gathering they had amplifiers there practiealljr.;r all day ' Sunday and the noise was so loud that you could sit in your room and hear the entire politeal speech. He would not like to live there the rest of his life and have that noise on Sundays. It does not happen every Sunday, however, but there is night, after night when there are parties there and there are young couples parking along Shade Street. Mr. Ryder stated that he would be perfectly willing to agree to any reasonable regulation that the Board might make. He stated that there were some very delightful parties held there but some of the parties where some people bring in their friends it was hard to control their actions. He was there himself and his family one night the whole evening for dinner and about 11 o'clock the police came and said they had been called, and although he and the family had been there all evening and had seen no evidence of trouble, and the policeman who came in unannounced, said he could find no trouble; these occasions codld hot be avoided. George Knox stated that his only objection was to the noise especially in the summer time when windows are open. Mr. Pippett also objected to the noise from the dancing. Mr. McIntosh offered the suggestion that on Saturday ' night the dancing might stop at 11:30 P.M. giving the parties a half hour to get away from the place. Mr. Ryder felt, however, that all other places close at 12 o'clock and they would not be patronized if they closed at 11:30 P.M. Mrs. Robert Fawcett inquired of Mr. Ryder if there was any dancing at the Old House or at the Hartwell Farm. mr, Ryder was not informed in that respect, but he did know that they had a reputation for serving good meals and were very desirable. Mr. John Lamont, who is empl&yed by Mr. Ryder as caretaker of his property stated that the Chief of Police sp oke to him about the two occasions of disturbance at the Club and he had taken precautions to see that nothing objectionable occurred there since that time. He felt, however, with a new family coming in to take charge of the property, it would change the situation. After considering the matters presented at the hearing, it was voted: That the petition be denied in the following form for Mahe following reasons: That under the previous permit there has resulted considerable disturbance to residents in the neighbor- hood from uses similar to the principle ones now applied for and that being a commercial use of the kind in a residential neighborhood it tends to impair the value of surrounding residential property and in the opinion of this Board it is distinctly contrary to the provisions of the Lexington Zoning By -Law as applied to R.l Districts. 9116", The Board of Appeals,a cting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by Charles W. Ryder, a copy of which is hereto annex6d 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 April 21, 1933. All of the 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 he desired to use the property known as the Cary Property on Cary Avenue for the serving of meals to the public and the holding of meetings of organizations and groups, including dancing, and for a gift shop. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that at times during the past year neighbors were disturbed by misic /playeel late at night, -by the blowing of automobile horns, general noise and loud talking by people leaving the house late at night; that the granting of the -permit would tend to impair the value of the property in the neighborhood; ' that it was a residence district and such use should not be made of property in such district. At the close of the hearing the Board in private session gave donsideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception request!, will tend to impair the status of the neighborhood. 3. That the exception requested will not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By -Law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practical difficult.* and unnecessary hardship and the relief r equested may not be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findUigg, the Board hereby denies the said petition of said Charles W. Ryder. The Board hereby makes a detailed record of all its proceedings relative to wu.ch petition and hereby sets forth that the reasons for its decision are its f indinge hereinbefore I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify.that I sent by registered mail on the 10th day of April, 1933, to Charles Hayddn, May Going, Neil McIntosh, Charles 0. Nichols, George F. *cLaughlin, Anna C. Andresen, George F. & Vida L. Pearson, Virginia R..Meany, , Augusta M. Delander, Lawson W. Morris, Cosmas V. and $lalfte Cosmades, Charles W. & Robert L. Ryder, Trustees, George A. Knox, Jr,, Robert C. & Jane C. Boleyn, Frank C. & Clara B, Green, Norman E. & Grace A, S tockhaus, Mary W. Pippette, Charles ' A. Holmes, George E. Smith, Bertha S. Carson, Heirs of Catherine F. Magurn, Anna E. & Mary J. Marshall, Saunderson H. Dunlop, Lee Randall, c/b Julius Welland, Alexander Holmes, Eliza Lamont, John P. & Martha A. Forman, Charles E. McLaughlin, Waltham Co-operative Bank, Richard & Electa M. Lamb, Charles Welmar, and Clyde E. Steeves, at al. Trustees of the Mohawk Club and also advertised in the Lexington Minute -Man on April 6, 1933, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. April 5, 1933. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of Section of the Lexington Zoning By-law with respect to the premises at Old Cary mouse, Cary Avenue, owned by him by permitting the following: Serving of meals to the public and holding public gatherings and for a gift shop. Charles W. R der 117 Waltham Nreet Lexington, Mass. '4Y set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the ' office of the Town Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.. L. Ch.400 Sec.27) Arthur N. Maddison Charles E. Ferguson Howard W. Robbins. Roland W. Baldrey C. Edward Glynn I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify.that I sent by registered mail on the 10th day of April, 1933, to Charles Hayddn, May Going, Neil McIntosh, Charles 0. Nichols, George F. *cLaughlin, Anna C. Andresen, George F. & Vida L. Pearson, Virginia R..Meany, , Augusta M. Delander, Lawson W. Morris, Cosmas V. and $lalfte Cosmades, Charles W. & Robert L. Ryder, Trustees, George A. Knox, Jr,, Robert C. & Jane C. Boleyn, Frank C. & Clara B, Green, Norman E. & Grace A, S tockhaus, Mary W. Pippette, Charles ' A. Holmes, George E. Smith, Bertha S. Carson, Heirs of Catherine F. Magurn, Anna E. & Mary J. Marshall, Saunderson H. Dunlop, Lee Randall, c/b Julius Welland, Alexander Holmes, Eliza Lamont, John P. & Martha A. Forman, Charles E. McLaughlin, Waltham Co-operative Bank, Richard & Electa M. Lamb, Charles Welmar, and Clyde E. Steeves, at al. Trustees of the Mohawk Club and also advertised in the Lexington Minute -Man on April 6, 1933, a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. April 5, 1933. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of Section of the Lexington Zoning By-law with respect to the premises at Old Cary mouse, Cary Avenue, owned by him by permitting the following: Serving of meals to the public and holding public gatherings and for a gift shop. Charles W. R der 117 Waltham Nreet Lexington, Mass. N O T I C E 'Lexington., Mass g April 5, 1933. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the penises owned by Charles W. Ryder known as the Old Cary House on Cary Avenue, the serving of meals to the public, the holding of public gatherings, and for gift sh6p under the Lexington Zoning By -Law or in accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held April 21st, 1933, at 8 P.M. at the Selectments Office, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The records of the previous two meetings were read and approved. The meeting adjourned at 10:30 P.M. ' A true record, Attest: l"/ aw" Clerk. 1